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HomeMy WebLinkAboutMINUTES - 06171986 - 1.12 A M D.E._D i trn OF ![ awl QmTi, CAt.IlaM claim wrot the awimtye or biitrie�t C2 20 Q.iM June 17 , 1986 governed by tine Board of Supsrvisars• !be copy s ed to is tar IlolLini ��6orseees:ts and Board iotioe of the awtiao taken as ions" bl the T ► ticc. 211 Section refaranoesl are go" at Suwrvisors (Parma Two baa)v to ralifornSa Qooercuent codes i agiven nd 915A.new note ryail to commoubt �i�°° !i3 Cla18antt Deborah Talanoa "cmw . I 2tt rMyt Jeanette K. Shipman JUN.0 3 1986 Sterns , Smith, Walker & Grell � 2ddrssst 280 Utah Street; San Francisco, dA 94103 Hand delivered Amounts $1 , 600, 000. 00+ delivery to clerk an My 2 8 98 nate Beoeiwdt May 28 , 1986 I By mile posbsarw an -MiFk 'U the Board of SupeFROOM w6i 06wXy ciao 2ttached is a copy of the above-noted clWA- Kads SaJu IM 2AT N q Clerk, Di► -�P, L,,K,, —Pawy C–athy K&wles = county cminsal i TD8 GLaric or the DMMW 3uPw"wL"r8 (Check only one) (�) lbis claim ocmplies substantially with Sections 910 end 910.2. ( ) this claim ?AIlS to oamply substantially with Sections 910 and 910.21 aid we an w notifying elaimsnt. The Board owmt act for 15 days (Section 910.0). ( ). ..Main m is not timely filed. Clerk Should(-*.turr claim cc p%ard that it was filed late and send warm of claimant's ri fit- apply for leave to present a late claim (Section 911.3). ( ) Other: sated: tA-e– By: putt ty ZSI. !AMt Clerk of the Board 701 (1) County Coestsel t (2) County tdministnAcr r ( ) Main was returned ed as nn'luely with notice to claigant (genion 91,S). I IT. so= wwunanimous vote of Supervisors present 04 lhis olaisAis re3ected in still. ( Others t i certify the this s i true correct Dopy the Board's o to almites for this date. 7 Dated: AUK 17 J286 "M BA1TQMM clerk, L to. . Deputy CZ.rk MMM (Dov. Oode section 913) Sub,)ect to certain emoeptiame lou have only six (6) months frog the date at this aoti oe Was personally served or deposited in the gall to file a cart aetim an this claim. see Govorrment Code Ssctioo "5.6. Tau gay Seek the advioe of an attorney of lotr atmos in oomw ton with tela utter. If you want to consult On attWMeY, lou W=dd do So ismediately. •. nms Mark or the Boa rd IN Q) pasty Cmmele (2) Carty Administrator `2ttaoAed are copies of the above cla. Ve notified the olaiaant at the Board's action an mis claim by nailing a oorpy Of this doe►meatt and h NOW UWVof has bum filed and ars6oersed m the Board's OM of this Claim in acoordanoe with Section 29703. ( ) t naming of Aulmnt•sl ri fbt to apply ibr lea to t • late class was oiled BATID:Am.�� 1 �6 lSiL SATQ EUM a Mark d ' SVPAy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et s G'' A6,04&A re: Talanoa v. Contra Costa County RECEIVED MAY -�Y 1986 TO: Contra Costa County 1:V0PM Clerk of the Board PHIL BATCHELOR 651 Pine Street «CS ID 01 IRvsoes k COST Room 106 s •• v. D=J Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of1the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Deborah Talanoa 5788 Robin Hood Drive E1 Sobrante, CI 94803 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF, STERNS, SMITH,jWALKER & GRELL 280 Utah Street San Francisco,' CA 94103 i 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1219 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown,' but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which isoattached hereto. May 27, 1986 JEANETTE K. SHIPMAN Attorney for Claimant 3002-C Y, ' CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM I Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as foillows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dateslof damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity fabled to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy o�f drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate he nuisance ; y (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of prelenting further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant ani volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained while escaping from the fioodwaters, .mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; I ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; i (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i I 3 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County + TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. i 1. The name and post office address of the cl imant Deborah Talanoa 5788 Robin Hood Drive RECEIVED �,�� E1 Sobrante, CA 94803 2. The address to which notices are to be sent is: M g 1l1 1986 Jeanette K. Shipman LAW OFFICES OF T HELOR STERNS, SMITH; WALKER & GRELL cL °OAR o STACOi�pas 280 Utah Street NTR O3TAra�_ San Francisco; CA 94103 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. I 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 JE E TE K. SHIPMA At ey for Claim t 3002-C AME N D E D OF SUPV VLQ tS Q tam M3t1 LTi AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY _ Cly As w C_ linty, or JW W CONSERVATI � June 17 , 1986 governed by the Hoard of Sup�a�isoe7� else Cow • ed to in Naar 1lovting Worsaamts, and Board' wtice of the actian taken on Sar I by !.!r Action. All Section r* am are Board of AVWTIsors vwvvlo Two baleir), to California Govwvment ooQ.o I St.ea psr•uarst to Government Cods SWUMa3 and 915.6• Heise note all �arste:�'. Clai�sts Deborah Talanoa I ,. DHy � cowsw Attamnys Jeanette K. Shipman JUN Stern, Smith, Walker & Grell 3 �9F6 Addrosss 280 Utah Streetntii . San Francisco , CA 94103 Hand delivered Amounts $1, 000 , 000. 00+ ft deli eery to cleric an _May 28 . 1986 nate Beosivad: May 28 , 1986 By rile poetaarksd an • : ark of XupeFgsors 162 ORRY Attached is a copy of thi above-noted claim. pateds June 2 , 1986 PAIL UTOMLO 1, Clerk& By - KA� La la;�;�..Jftp&7 Cathy nN s y s Mark or ww DO" (Check only one) Ibis claim oamplies oubotantially with Sections 910 and 910.2. This Claim PAIIS to oamp2y mubotantially with Sections 910 and 1110.29 Wd We are so notifying claimant. The Hoard owmt act for 15 days (section INAL ( ) Claim is not timely filed. Clerk shmild return claim an ground that it alas filed late and send warnin of claimantes right to apply for leave to.present a late claim (Section 911.31. (t ) WWI fated: BY= l PAY ty III. FM: %srk of the Board 701 (1) ty Coun al a (2) County Admialobvtar ( ) Main was returned ae untimely with notioe to Claimant (Seddon M1.3). Iv. BQM a� srmn1wi n� vote of Superdscrs prat (>� This ale= rejected in ru * oerti y WE tids is a true W correct oo or the Baar�d� en minutes for this date. P; L hated s' 7 L9§6 VHM UTOM.M, Clerk, py ° . neputy Oleic 1uu0= (Ow. Code Bectieo 913) BubJsot to Certain emaeptims, Sm haw only vis (6) months rrcm the date at thin motif, w pwrsc n&Uy screed Cr deposited in the mil to rile a own motion on lhis claim. Sae coveramant Code Siouan 945.6. Tau may seek the advioe ;of on attorDsy of your oheior in oonnsetian with we "tter. If you rant to consult am attoerey, = should do so immediately. T. lBQl: Mork or the board I!: (1) Oountl Cou nate (2) testy Administrator Attaehad are Copies of the above olaim. We notified the olaivant of the Boardta action on this Claim by mailing a Copy of this doeuemt, and a mmo thereof Ams bsm filed Md adarsed m the fciard'• copy of this Claim in s000rdarae with Section ZP03. ( ) 1 warning of claiaant•s rigbt to apply rw lea to t a late claim way mailed WED:to !gIL BiT��a Mark, By 91Puty Clerk i . I H CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section ' 910, et seq. re: Talanoa v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Deborah Talanoa 5788 Robin Hood Drive E1 Sobrante, CA 94803 RECEIVED 2. The address to which notices are to be sent i Jeanette K. Shipman LAW OFFICES OFA 85STERNS, SMITH, IWALKER & GRELL280 Utah Street ERSan Francisco, ' CA 94103g 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1219 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 I JEANETT SHIP N Attorney for Claimarrt 002-C CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986,i inclusive , as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity beached its duty to maintain, control, repair and remove debris fromiWildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; I (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living„ moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, juse and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant aid volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; I ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant 's physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n) Damages for other injuries which are not presently known. spablo.rpt r I j i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County Flood Control D ' # D -Contra :Costa `County.T-3or1 Mintz^ ",Distrix. Contra -Costa County MAN Ii, 8 651- Pine Street 110p,M, Room 106 I PHIL BATCHELOR Martinez, CA 94553 ERCB TRACOOSTP RVlSORS g ` Deputy Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Deborah Talanaa 5788 Robin Hood Drive E1 Sobrante, CA 94803 2. The address t' which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco,1 CA 94103 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and' are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 I -- ------- ---- ------- ---- A ETTE K. SHI N i orney for Claimant 3002-C CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County Flood Control District IFTHE.�BASIS `0F-=`1VLA1X Claimant sustained physical and emotional injuries and property damage, both real ';and personal, on or about February 17 through February 20, 1986,' inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra CostalCounty Flood Control District breached its duty to maintain, control,, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or, demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending hooding; (c) Contra Costa (County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, lmoving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County Flood Control District (<d) :Expense:._for.=debr s,-removal � ncludinS -reazonable compensation for time of claimant and volunteer la or_ers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold an decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mu and debris, and from the fear for personal safety and the loss of a d real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation :for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future floodin ; (k) Equitable relief requiring t e Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future floodin ; (1 ) Interest on expenses and dam ges; and (m) Damages for other injuries w ich are not presently known. spabclm.rpt i j� I I • - --- . . . A:NI E N E D Y �----. - --- - - -\ NI vn s a or cam ma- DMMS 9929M Claim wrot the county, er bistriet yMCLP 10 ,Tune 17 , 1986 aoverasd by the Board of Supsrvisorl, 2ba amor-ME documt, Mad to to is yawl' 1lootia4 woorsamenta l and Board antics of the action talon as mss' by tbs active. All Section rafarOnoes torr board of Superda" Gwv"Ob IT# bataw)g to California Oover,eent Codes 61wen pswmat to Qove --- Cods Seotiao 93 and M5.%. Loren Talanoa, a minor Asara nou 631 Citiawat: •- Attoeeassy: Jeanette K. Shipman C44h' Sterns , Smith, Walker & Grell Address: 280 Utah Street JUN (13 l gag San Francisco_, CA 94103 Hand delivered 9`�' ' Ssas:t: $1 , 600, 000. 00+ By deliver to clerk an _ 2 R i v: nate 11e0siw0: May 28 , 1986 1 By Mil, postaarked an Clark the or Npervfi—ws lot COMEY Counsel Attached is a oopy of the� above'aoted claim. Uted: �June_2 • 1986 PM ZI TOMLOR, Clerk, Dy - - ath owles- COMEY : Mark or Me Doardcf AWYLWO, (Check ally one) (�) Ibis claim complies substantially with Sections 310 and 310.2. ( TW9 olaim FAS to oamgy ILsubstantially with Sections 320 and 910.2, grid Ms aM so notifying claimant. The Board oannot act for 15 days GSectian 310.10. ( Maim is act timely filed. Clerk shmdd retun claim on Vvund that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). OLbers Gated: By: RnY ty I v 7II. '!!: Clerk of the Board ZU: Cl) Casty Cwz&Ql, (2) County Administrator r ( Clair ways retwmd as untimely with notioe to olaimant (Settlm 31,1.3). I9. SQAYO OM uwdmom Ate of 9uperviscra pr meat ---A--b N r lois nitimi`is re ip full. ( ) Othtr: Certify that this Is a true correct Copythe 's en is airwtes for this date. c�� v hated: lam, sAn ,c Mork. �► . Deputy Clerk 77 . VAlD M COOT. Coda Section 313) SUbjeet to osrtain szw tioew, lou tave only tis (6) unths Dram the date d tma Wtioe Was perrsonally served ar deposited to the sail to file a cart action m tKa 01020. ase Gi0Tarlmmt Code Siaticn 945.6. Tau My seek the adviceOt to attorasy of par cholas in oorssetton with this atter. It you rant to oonsult M attorney, yvu shaild do so iamediataly. T. F!: Clerk of the ftwd 7D: a) oowty Cownsal, (2) Ownty Adal aistrator attached are =pigs of the above claim. Ye noticed the claimant od the Board's action on this olaim by sailing a Copp of this dWaent, and a mmo tlferaOf has been filed Md endorsed an the board's appy of this Claim in t000rdanoe with Ssetion 29703. ( • warning of cl.alsiar*.'s orubt to way forto t • late olaiaaLs walled DATED:�wi i 91986 Nx . KTOMDR a Mork, By laAy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq.(%3L.,1 re: Talanoa v. Contra Costa County RECEIVED TO: Contra Costa County tliAY ag 1986 Clerk of the Board 1!00 R M PHIL RATCHEIOR 651 Pine Street IERKB RD Of SUE ISORS Room 106 CO RA COST Oo D t B Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Loren Talanoa, a minor By and Through !a Guardian Ad Litem 5788 Robin Hood Drive El Sobrante, CA 94803 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1219 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. . The names of all public employees causing the injuries, damages and losses are the , agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETT K. SHIPMAIV Attorney for Claimant 3002-F i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control , repair and remove debris from 'Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve, as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop , design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; ( c) Said entity maintained and continues to maintain a nuisance due to the inadequacy o'f drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same, should be compelled to compensate .claimant for damages and to take all steps necessary to abate the nuisance ; } (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES : (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; � v e ( f ) Emotional distress and other personal injuries sustained ,while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical, and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these loses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeksiand other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt r' r, CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the clai ant Loren Talanoa, a minor By and Through a Guardian Ad Litem 5788 Robin Hood Drive RECEIVED E1 Sobrante, CA 94803 2. The address to which notices are to be sent s• MAY ` 01986 Jeanette K. Shipman LAW OFFICES OF pHAR SUPERVIS ELOq STERNS, SMITH, WALKER & GRELL CL STA0. 280 Utah Street San Francisco CA 94103 1 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown; but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which islattached hereto. May 13, 1986 -- - ------- - 6- ---------- JE �TTEK. SHIPMA At ney for Claimant 3002-F ,1 i I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF _ Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flboding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) . Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fetes incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1) Interest on expenses and damages; and (m) Damages for her injuries which are not presently known. spabclm.rpt AME N D E D cr Cw Cam W—M oaoRrz AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY � � FL D CON ROL p_W�1TE CONSERVATT b JJ*bTAMW L Cly A6ai 00 _ Ty, �s�+Ot June 17 , 1986 Cr #over9ed y Lha and Of SUPsTisoe a so oo�'f s Vooment Willed to your Iloutitg 9redorsemersts. and Board roti� the tater �r� balar� t� Action. Sal Section refaranoes an Dowd &W to w Comment cob an 213to Caltfcrnis 0overnment CodesI at Pmt and 315.4. !lease now all • Claizonts Loren Talanoa,. Ia minor comy NIJ+a8 Attoeesssys Jeanette K. Shipman JUND $ j Stern, Smith, Wallker & Grell 9�6 Addrasss 280 Utah Street San Francisco , CA 94103 Hand delivered L ' its $1 , 000, 000. 00+ By deliw:7 to Clark On _May 1986 Date Aeoadwds May 28 , 1936 sY pail• an . erk if the Board Of SupbrTISWS lot ORRY Maim Attached is a copy of the above-W&W oleic. Lateds June 2, 1986 PHIL BATOS.ON 9 Marks Di► 95m—ty Camel Mt ark non (Check only one) ( ) Tis Claim oamplias substlantially with Section» 910 and IMC-20 ( j lis claim PAn.S to o®ply substantially with Sections 910 aged 910.29 WA N IM so notifying claimant. Thee Board cannot act for 15 days (Section 910.8). ( Maim is not timely filed. Clerk should return claim an Around that it Mas tiled late and send warning of!claimant's right to apply for leave to presort a lata Claim Motion 911.3). Otbers I • sated: ,7 _ ^ I Bye c DePAY a6FEW =u. VM: Qerk of the Board lo: Cl) ty Cannel a (2) Comty Admiaistrat0r i ( Clain vis retwnsd as Bei Seely with notice to claimant (Section 911.3). I IT. MM CplDLR unanimous vote of Supervisors Pesamt ( !bis alaim~is re i 1 rull. t � Other: 1 I 1 oarti y that this Is a, true Cornett Copy �• eu t• aimutas for this date. Dated: 7 !HIL SATQMAR, C1arkq By • �P'uty Ciaeric iI,IJ►W= (OOT. Cbde section 913) subject to Certain exceptions, you gave only six (6) wnthe tics the date or leis Cotioe w personally served Cr deposited In the sail to rile a Cart ration m this claire sea GoM00t, Cade Suction 945.60 Tau my seek the advice or sn attorney Or your Choice in otnresrtion frith tors •atter. It you rant to Consult Un attMwys you sha d do so iimsdiately. 1. Ims Clerk of tae So.rd �s Cl) Dwmty Cowusl. (2) Oas:ty Aftinistrator At tacked are Capias oZ the reov+e claim. Ye notified the osaisant ed the board's action on this Claim by saiiit - a Copy of this document. send a demo thereof hag bw tiled Md aodorsed an the Board's olyy of this Claim io with 'nation 29703• ( A rasing of Ciaiaantfs rig* to apply !br lea to t a atais Mas sailed DATED:tO JUN 15 M6 lszt, UTQ�AR, Clerk, �r o _. . DNPuty Clerk .y CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. i re: Talanoa v. Contra Costa County Flood Control District + TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claima" (x tiN-L Loren Talanoa, a minor By and Through a Guardian Ad LitemEi��-+IVSD 5788 Robin Hood Drive E1 Sobrante, CA 94803 ' MAY 2. The address to which notices are to be sent i : Jeanette K. Shipman PHILiTCIOELOA LAW OFFICES OF ER NTRA OSTMIRI PEROYISO $ STERNS, SMITH, WALKER & GRELL B 280 Utah Street San Francisco,` CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1219 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of aill public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE K. SHIP Attorney for Claimant 3002-F CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF I Governmient Code , Section 910, et seq. THE BASIS OF THE CLAIM i Claimant sustainedphysical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1985, linclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design andiconstruction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity malintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from ,suture flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant ani volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; I ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt i � F CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County Flood Control LLFIXCOP IVEDTO: Contra Costa County Flood Control DistrictContra Costa County651 Pine StreetRoom 106CHELORF SU E ISORSF SMartinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Loren Talanoa, a minor By and Through a Guardian Ad Litem 5788 Robin Hood Drive E1 Sobrante, CA 94803 2. The address to which notices are to be sent is: Jeanette K. Shipman ,LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 jA ETTE K. SHIP orney for Claim t 3002-F r •� CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County Flood Control District i + THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, ,1inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, irepair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood I Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require orl demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and toitake all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra CostaCounty Flood Control District was negligent or otherwise liable, (including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Govenment Code, Section 910, et seq. re: Talanoa v. Contra Costa County Flood Control District + (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt � AMEN D E D Or C NTA 9100P .Mw �� the �ty� or jx��, MULP2VO Q.AI� June 17 , 1986 lovwnod by Wa Doa:'d of 'upe2'risc� # 2be 00� L�ed too is 2iw itoutitsg Q�,dot•se�me+ats, and Do�ard notice of the action taken as low � bl tae Action. All Section refarer ar are Board of �*iscre (parasraph !�. lalar�. to California Gooerrs wt codes Sim pzvuent to Goverrmant Cob Section OU and 915.x. Hansa nate all eitarslias O Llai-ants Nicholaus Talanoa, a minor •ttorl"s Jeanette K. ShipI man JUS Sterns , Smith, Walker & Grell 03 1986 Wrens 280 Utah Street r San Francisco , CA 94103 Hand delivered + 1 `ostts $1, 600, 000. 00+ sy dell vw7 to clar k an May 28 , 19 8 6 tate Deoeivadt May 28 , 1986 By nail• p0st wrw an ark a OW DDArd of 51uperviswe : y ittacbed is a copy of the above-noted olalS. Dateds Jun_ e_2 . -1986 "M DkTC EMM s CIO*# Or athX Movules .. sMunty Counsel TDS Merwof the am" cc supw%ftm (Check oily one) TWo claim o=plie3 subetlantially With Swti= 910 and 910.2. ( ) lhis Chico ?A= to oamply substantially With Sections 910 and 910.29 WWA We ere so notifying claimant. The Board oarumt act for 15 days (Section t Main is not tLxly tiled. Clerk should return elms an uotsrd that it was tiled late and send warninng$ of claimant's riot to apply for leave to present a late 02&12 (Section 911.3). L Others I I Gated: i By, pvty county CiNrei III. 2li s Qark of the 3aar0 703 (i) County Co rAd, (2) County idmiaistraW L Maim Was returned as untimely With notice to Claimant G4eation 3L1.3). MIN Tv. saA a my ti anima vote cc BWpervisors PVfiwwt A.t� ris etas ss'is d in ruu. ? Other's 1 1 _ I i y the this 18 .6 true im Correct copy ALP the entarwFu Its atirsu W for this date. Datedt jUN_17 RM UTOMLM 9 Mark. By ° • Deputy Rark NA (Ow., 00dSection 913) Sbst to Certain eepties, 7W hays Moly kis (6) montha than the date or leis SCUM w personally served or deposited in the nail to rile a Wirt Wticn an that alai-. &I GoTwument Code Scotian 945.6. leu My seek the edvioe I of an atta %*Y ad poor Choioe in connectionulth tun natter. It you runt to consult as attonay, you a%a dd do so Immediately. 7. Mt Clerk at the 308rd IN Q) County counsel, (2) Coanty Adaiaistmtor •ttaahed ars Copies of the abM Clain. We ratified the asalaant at the soardgs action an this claim by803114 a Dopy Cf this documt, and a am thf has bW filed and endorsed on the actardIa of yY of this maim in ftoowdanoe with Seetien 29T03• ( ♦ =wMing cc G aima.,t•s, right to apply rbr lea tot a late alai- w sailed D�ITIDtJUN-1 9 to olataaat. IMP►T'QOI�O!R Qo .... ' �' � DO'PA7 Mark CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, . et seq(!3LJJL,,, re: Talanoa v. Contra Costa County RECEIVED To: Contra Costa County M AY n 1986 Clerk of the Board 1-.0o PM• 651 Pine Street PHIL BATCHELOR LEAK D OF S VISORS Room 106 B TRA COS O, Martinez, CA 94553 U Pursuant to the provisions of Section 910, et seq. of the Government Code ofl the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Nicholaus Talanoa, a minor By and Through a Guardian Ad Litem 5788 Robin Hood Drive E1 Sobrante, CA 94803 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OFI STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1219 Brookside Drive, San Pablo, California, and a described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are they agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of they claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEAN TE K. SHIP AN Attorney for Claimant 3002-E CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910 , et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, 1 inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design , require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate I the nuisance ; 4 (d) By reason of the foregoing, said entity maintained and continues to maintain a dangeIrous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment, use and repair expense ,- (c) xpense ;(c) Expense of presenting further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant an`d volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; w ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these loIsses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt r i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code; Section 910, et seq. re: Talanoa v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Nicholaus Talanoa, a minor By and Through a Guardian Ad Litem Ol - 5788 Robin Hood Drive E1 Sobrante, CA 94803 RECEIVED 2. The address to which notices are to be nt is: Jeanette K. Shipman MAY <<v10486 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHL13 T ELOR RD S280 Utah Street �� TRA 03TPEROVI San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of; damages claimed is $1,000,000, plus an amount, presently unknown; but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 1 --- ------ - -- ------- JE TE K. SHI N A rney for Claimant 3002-E i rT CLAIM FOR PERSONAL' INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF i Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from thefloodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt f I I - A M E N D E D CFCr di� M 01A U=1"i AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY -- FL0s D CON ROL W E CONSERVATI June 17 , 1986 Claim AS by.t W voumy, or`�atr�I ��'� 16 to to Boor tovat�sd b7 the Bo" of 31j PC , =be Copy 1loutitt( br,dor�sementa t and Board Notice of the a�otion takers an lets' by aw Action, All Section refanoss ire Board at Supervisors �a�Q'a� r. balor)� ra to Calitorsia Governs ent Codas stun pwuant to Government Code section, ILS and wX Please note all • �o Clai�tt Ni.cholaus Talanoa, a minor 4nh'(�� AtUmm"t Jeanette K. Shipman Stern, Smith, Walker & Grell X1986 Addrasst 280 Utah Street San Francisco , CA 94103 Hand delivered rots $1 , 000 ,000. 00+ Bir deliwet to clerk 00 May 2 8 1199�86�„�,� nate 1e081vsdt May 28 , 1936 NY =I1. Postwarked an erk if M Board of SupeFffwn = URI ciiim- jittached, a oopy of the aDovs-Noted Claim. batedt June 2 , 1986 PM BATOMO t MWkP BY l� r = yTDs Mark VC the 3MM CC SL1Pw%W% (Check only one) (� '!leis claim oamplieo substantially with Sections 910 WA 00.2. ( his claim FAIIS to comply substantially with Sections 910 and 910.2, mrd We ace so notifying,claimant. The Board oarictot act for 15 days (Section 91.0.8). ( ) Claim is not timely tiled. Clerk should return claim On Q` und that it wu tilmd late and send warming of claimant's risht to apply for leave to present a late claim (Section 411.3). ( Otbers bttedt77 7 7ro 7 Sys ty In. hMs Clark of the Board T0: Cl) C mty Cmuel, (2) Cotrtty Administrator f ( ) dais was retwo d as untimely with notioe to claimant (lection 911.9). IY. so= am ww4mot s vote of Supervisors precast C>4 psis Cl is re in ikll. ( Others Certify a—at ims Is a true and oorreot 0007 the 's eo is minutes for s date. Hated: 1 Mn BrATOMM, Clark. ByJ ° • n wty Clerk YAMM (Gov. Code Section IMS) lUbject to owUla emoeptions, lou have only aim (6) months lram the date d We Doti" w versamlly served Or deposited to the mail to We a comm wtim an this alata. ase Govdivowt Code Section 915.6. Iou .y seek the advios of an attormay of lar choioe in ooretee Ion ulth this matte. It you want to Consult ar, attorney, you should do so (mediately. •. 9lIQi: Clerk ad the Board 109 Cl) oourlty DPJMI, (2) Ownty Afsinistrator Attached are Cvples of the above Claim. Ye notifled Ilse claimant el the Board's action on this 018112 by sailing A Copy at this doateeat, and a mama thereof has been Mea and andmVed on the Board'a copy of this Ciaia in accordarloe with Section 29703. ( i sensing Ot Claimant*s r49it to to Qlaiaarat. aprply Pec lea to Late alarm w mailed IMTED1 -II IN 14 MG "M UT HELOR I Mork, By7rjAt1 ;tv - Beltsty Berk s I i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Nicholaus Talanoa, a minor By and Through a Guardian Ad Litem 5788 Robin Hood Drive RECEIVED E1 Sobrante, CA' 94803 2. The address to which notices are to be sent MAY-4-419665 Jeanette K. Shipman LAW OFFICES OF NIL OA C LOR STERNS, SMITH, ' t ITH, 7A 0. NT A TA O. WALKER & GRELL E K ARD S 280 � t San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1219 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and. losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not, presently known to claimant. i 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 05&�, JEANETTE K. SHIPMAN Attorney for Claimant 3002-E CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; j. (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, juse and repair expense ; (c) Expense of preventing further damage from suture flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; I i i ( f ) Emotional distress and other personal injuries sustained while escaping from the filoodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future floioding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant 's physicaland emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt i i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County Flood Controli kitEIVED + j TO: Contra Costa County Flood Control District MAY 14 1986 Contra Costa County 3;1,0 P.M. 651 Pine Street PHR9ATCHELOR Room 106 IERK 60 D OF SUPER SOBS CO n COSTAF Martinez, CA 9,4553 a D.= Pursuant to the provisions of Section 910, et seq. of the Government Code of1the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Nicholaus Talanoa, a minor By and Through' a Guardian Ad Litem 5788 Robin Hood Drive E1 Sobrante, CA 94803 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco,, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of 'damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of they claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 -- --------- - ----------- J A TTE K. SHIP orney for Claimant 3002-E • t CLAIM FOR PERSONAL 'INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real !and personal, on .or about February 17 through February 20, 1986,1 inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its (gents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: I (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living,) moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; I (f) Emotional distress and other personal injuries sustained while escaping from theifloodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; i (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt AMENDED Am OF �9L� am RS or cam =TA am Tim 9&� I sw - Maim L�Srrt the County, or wkmet CL► !'0 Q•� June 17 , 1986 60vwasd by the Hoard of aupervisa a "Is Go" or-me n11diso tois pas pouting Hworsements, � adios of the potion taken an HcaI � b2 tbs below)m •et i on. H3.1 Section retarsc,oss era Board of '*i (2arag 'apd r. to Calitor%ia Govsr•nm t Codes Sivec pivuent to Government Cods Scotian 193 tad 515.4• Please nate all mitaroi . Claimant: Rena Talanoa r l minor Cwty COMI ♦tUwMq: Jeanette K. Shipman JUN 0 $ 1986 Sterns , Smith, Walker & Grell Address: 280 Utah S tree t I � • San Francisco , CA 94103 Hand delivered - at: $1 , 00 0, 00 0. 0 0+ by delivery to clerk an _may 28- 1986 Date HsoeivW: May 28 , 1986 By nail, Postmarked an : Mark BY the Board of Niervisors lot c4unty tttaebed is a copy of the' above-noted chic. bated: Junt 2 PHIL SATOELM 9 Clerk, Sy ath KiQwles : County CMmel TDs ClerkW (Check only one) (� lysis claim Oamplieo substantially with Sections 910 and 510.2. ( JbIs claim FAITS to ocmply substantially with Sections 910 and 910.2, and Ms SM so aetifying claimant. The Board oannot act for 15 days (Section 510.8). ( Maim is ant timely filed. Clerk should return claim on ground that it was tiled late and send carnirr� of claimant's right to apply for leave to present a late claim (Section 911.3). bated: Dy:-'�2 Deputy county til. PBai: Clerk of the Heard TO: Cl) County Counsel, (2) County Administrator Maim was returned as mtively with ootioe to claimant (Section 941.0. I9. 300D um 4)wamous vote of Superirisors present 'bd lBis olaimtits rs�eoted i? full. ( Other: newts y that iRs Is a true and correctCopy the 'sOrder en is 811MItes tar this date. slated: 7 PHIL, V ATMMW. Clerk, 4MA 14 . !epyty Qerk VARA M (WV- Cods Section 913) &AJ*0t to certain esaeptioas, 7vu Dave aaly vis (6) amthe Arco the date at this entice Pas persa:ally served Or d*posited is the 10111 to rile a court notion on this claim. nes Go.errmmt Code Section 945.6. Tau My seek the advioslet an attorory et Torr aboior in connection ritb tbls tatter. It you rant to oonsult an attorney, ?ou should do so immediately. �. ni: Clerk of the Bard 1D: Ll) Munty OWMW19 (2) qty Aftinistrator Attached are copies of the above claim. We notified the alaiaant of the Board's action, on this maim by sailing a Copy of this document, and a mw thm wr has been filed tad audcreed on the board's copy of this Claim is &**w0arae With Section 29703. ( ) S turning of elatsent's rigbt to apply ror lea to t a late claim w nailed DATED �UN�19 A19r� lsII. NATME DR, MGr k, By o OWAy Clerk _ r i l CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq: re: Talanoa v. Contra Costa County RECEIVED To: Contra Costa County 14AYcPe 1986 Clerk of the Board 1:00A/►^ 651 Pine Street ►H4SAT CHEIOR EQK B D OF SU V ORS Room 106 c T COSTA Martinez, CA 94553 s " Deputy Pursuant to the provisions of Section 910, et seq, of the Government Code of; the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Rena Talanoa, a minor By and Throughla Guardian Ad Litem 5788 Robin Hood Drive E1 Sobrante, CA 94803 2. The address towhich notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1219 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, ` but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27 1986 JEANETT K. SHIPMA Attorney for Claims t 3002-D - CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained1 _ 'physical and emotional injuries and property damage, both real1and personal , on or about February 17 through February 20, 1986, 'inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew ,or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; i (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained- and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing, said entity -maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment, use and repair expense ; i (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety andithe loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; i (h ) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; I ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . 1 spablo.rpt I .- I1 f e j • I , I CLAIM FOR PERSONALIINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the clai a t� Rena Talanoa, a minor By and Through a Guardian Ad Litem RECEIVEIJ 5788 Robin Hood Drive E1 Sobrante, CA 94803 MAY k61986 2. The address to which notices are to be sent ' s: Jeanette K. Shipman PHIL T HEIOA qV LAW OFFICES OF �CL NTRA OST PE 0!S� STERNS, SMITH, WALKER & GRELL ► „� v� Y 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of' damages claimed is $1,000,000, plus an amount, presently unknown; but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 JE N TTE K. SHIPMA At rney for Claima t 3002-D i i CLAIM FOR PERSONAV INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County + THE BASIS OF THE ,.CLAIM Claimant sustained physical and emotional injuries and property damage, both real: and personal, on or about February 17 through February 20, 1986', inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa; County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior� to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa. County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; I (b) Damage to personal property, including but not limited to the loss of enjoyment1 use and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; CLAIM FOR PERSONALIINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; , (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1) Interest on expenses and damages; and (m) Damages for other injuries . which are not presently known. spabclm.rpt AME N D E D Q B�t'oI�RS � sm oSlA Q�li AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CON ROL D WA E CONSERVATI 1S June 17 , 1986 Main ,�tit:st W �y, W*strie� 8overaed by the Board or Supervis"I The 000! • dMIN00r, wled toIs 1w 11ovting Bh6oi saints, and Board Matta ur'or the aro.100 lakes on yo � by e Action. all Section references ;ars DDw%d of UW-1190" �' r►• bdm) th t to California Gooerrment Godes � � •o �3 91514.� oats all ClaitWt: Rena Talanoa, a minor ,. County coun8ei Attarw7s Jeanette K. Shipman . Stern, Smith, Walker & Grell AN 0 31986 Address: 280 Utah Street San Francisco , CA 94103 Hand delivered ftMftL CA its $1 , 000 ,000. 00+ * delivery to clerk on —Maes 2-8 . 1986 Rate Beoaived: May 28 , 1986 my flail, postmarked an erk o pe sots 161 y voursel Attacbed is a copy of the above-DOW Claim. Dated: June 2 , 1986 PM HATCHER, Clark, W y : : Clark orlW* 906M Or &APW%W* (Check only one) ( !lits claim complies substantially rith Swtions 910 and IMO-2- !Ws claim ?A17.S to comply substantially With Sections IMO and 90.2, WA tie we so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( Claim is not timely filed. Clerk should return claim on SPOUnd that it ties MOd late and send. warning of claimant's right to apply for leave to present a tate Olein (Section 911-3)- C ) Other: _ - - -— --- bated: By: Deputy ty UrNi III. !!b!: Clerk of the Board 70: Cl) CoWnty Counsel, (2) County Administrator 1 0 ( Main rzs returned as untimely With notice to claimant (Section 911.9). IT. IQQRs runanimous vote of Supervisors pyrant �Q hits olaim�ie�eetad in full. Others [ Cert y ME this is a true Ujoarsreet copy the 's en nuto Sites for this date. Dated:` 7 PM BrATOMM 9 Clark, �r L • 6R*y Mwk _ _ IU0D M (Gov. mode Bout 913) Subject to Wt4do esoOeptions, you M" Maty sis (6) months thn the date or thin Mots oe Was pea"scnally served or deposited in the Mail to file a court toticn M tdia Claim. See Government Code Section 915.6. Tou my Beek tae &WO& 0f an attom" or tar ehaioe in wwwetion ttith thin aattar. If ?ou rant to consult an attor-ey, 7Ou erogld do so iamsdiataly. V. VMS Clerk or the Board liDs (1) County Counsel, (2) County Administrator Attached are copies of the aborve Chia. we oatifiad the o3aisant or the board's action an this claim by mailing a copy of this doe►meats and • a+eso thereof ha, bw filed Md sodc+rsed on the hoard's copy of this Gala in a000rdarm with Section 29703. ( ) A darning of claiw t*s right to awy for lea to Glaisant. to 7ent a late OTais w tailed DATED: .SUN 1_9 1986 IM PATOELM I Qom, Sy o OePAy Clerk i . I . CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County Flood Control District + TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claim nt is* Rena Talanoa, a minor 1 ) By and Through a Guardian Ad Litem 5788 Robin Hood Drive RECEIVED El Sobrante, CA 94803 2. The address to which notices are to be sent i : Jeanette K. Shipman LAW OFFICES OF NIL BA CM LOR STERNS, SMITH, WALKER & GRELL i`,Cw�ER11C 4TRPAAC AERVISOR 280 Utah StreetXT .... L San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1219 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the' claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 (JA �G ANETTE K. HIPMAN Attorney for Claimant 3002-D i I ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and', the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as 'a result of witnessing injury to claimant ' s family; f ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et settn re: Talanoa v. Contra Costa County Flood Control + D TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room lO6 ORS Martinez, CA 94553 a Deputy Pursuant to the provisions of Section 910, et seq. ofthe Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Rena Talanoa, a minor By and Through a Guardian Ad Litem 5788 Robin Hood Drive E1 Sobrante, CA 94803 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 JW E K. SHIPMA Ay for Claimant i 3002-D I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, 1inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, ; repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County FloodControl District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require ordemand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, ;including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss ofluse, enjoyment and rents; repair expense, additional living,i moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment,i use and repair expense; (c) Expense of preventing further damage from future flooding; • l CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Talanoa v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; I (f) Emotional disc+tress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt I i I A M E N D E D ism cr cr MW =TI REM di•�j June 17, 1986 Claim Against the Canty, Cr bl riet sd to is las' gommed by the Board of SupsrvII - PO. copy clouting g dorsacwl s t oA board Bottom of the action taken on yes' d! tame 2ction. 211 Section refwmnoes ars Ooard of avarvisors ow"regh Two b dw)g to Califosyia Gove mment Owes given PxVuarst to GovaVment Coos Seotiao IL3 and 915A. !lease now all attar bw* 01581 Claimants Cheryl Westbrook ,. AtLar�rT: Jeanette K. Shipman JUN 0 3 1986 Sterns , Smith, Walker & Grell Matblldl. � 2ddn�ss� 280 Utah Street San Francisco , CA 94103 Hand delivered - `• ' Amounts $1, 600, 000., 00+ Sot deliv wrT to Clank an Mia;, 2 8„ 1986 Amu beosistds May 28 , 1986 By Mal• post earrked an --Clork-of the BOSOM of §YP-e-r-V19w3 lot T maza 2ttacbed is a oopy of the above-DOW Claim. Sated: _June 2 . 19$E_ PHIL PATa'ELCM, Clark, By C-athy KrAowles = c4unty : ClerkW (Check only one) (SCI 7bis claim o®plias substantially with Sections 910 and 110.2. ( ) Ibis Claim TAILS to oomply substantially with Sections 910 sed 310.2. grid W alta so notifying claimant. 7be Boas owmt act for 15 dais GSection ( ) Maim is not timely filed. Clerk should return Claim an g1muld V*t it w tiled late and send rrarniof claimant's right to apply for leave to wesent a late Claim (.Section 911.3). ( I Otbers Sated: / By: Deputy cmmty M. IX&Jt Clerk of the Board TD: (1) County Counsels (2) County 2doinistrat�orr r ( I Claim wan retwmned as untimely with notioe to Claimant (Section. q1.3). IT. IDM unanimous Ate of Supervisors prrsseat OKI This olaisis rsjectad i0 full. ( I Others 11 Certify tmt this to a true im oorrict Copy tux board's sn is aimd,u for this date. Dated: IIN 1 7 100r, !'HIL DATCHO.OA, Mark. H7► UA 1 ° • DsP�rtS Merle VAX= (Gov. Croce Section %3) Subjjact to oertain esoepticns g yon have Caly all (6) wontf s bas the date Cr lets notioe w personally served or deposited 10 the sail tO fits a Court Lotion ora tons alasa- bee Govarnmemt Code 30CUM 945.6. Tau say seek the advice Cf an attorrasy of yaw ohoios to 0agwetion Sitb this titer. If JOU rant to oonault an attocixy, lou should b 00 immediately. v. *!mt Clerk of the ward 7D: Cl) Oouorty Ooonsei (2) qty Administrator •tUmhod are Copies Of the above Claim. Ve Oatified the olaiaar t Cr the Soard's action on this claim by riling a copy Cf this d0a1tq and a tomo thereof has beer► filed and endorsed m the board's COPY of this Main in t000rdarsoe with Section 29703. ( 12 warning of csalwan•s rigbt to 1101T ibc lea to t a late Claim no tailed to Clalmant. DATC:j1IN 14 1196 PM SITMOZrOrR• Mark, By DRputy Clark 6 ' CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et se I re: Westbrook v. Contra Costa County + RECEIVED i TO: Contra Costa County MAY-N 1986 Clerk of the Board P00 P M. 651 Pine Street tFCR qHIL HAT s ELUbERV J^ Room 106 c v �,.cc��i Martinez, CA 94553 b `'` Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Cheryl Westbrook 909 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 909 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JE TTE K. HMAN Att rney for C imant 5016-B CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF N Government Code, Section 910, et seq. i T`HE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates', of damage , said entity knew or should have known, and had actual and ;constructive notice that San Pablo Creek and Wildcat Creek serve, as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; j (b) Said entity failed to develop, design , require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; i. (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real, property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment, Luse and repair expense ; (c) Expense of re�entin further damage from future flooding ; P P � 9 9 9 (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and! the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt L CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Contra Costa County + TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claim Cheryl Westbrook 909 Randy Lane RECEIVED San Pablo, CA 94806 2. The address to which notices are to be sent MAY �W986 Jeanette K. Shipman LAW OFFICES OF PNILDA NIIOR STERNS, SMITH,. WALKER & GRELL CL NTRA TARVI S 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, ; but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of thelclaimant' s damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 , JN TTE K. SHIP A rney for Claimant 3016-B CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Contra Costa County + THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real ;and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove laebris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Priorito said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their blanks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions, which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: 1 (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3016-B (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Contra Costa County j + (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained, as a result of witnessing injury to claimant' s family; (i) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. I I i AM .-ENDED ism Q Q dM won 2=22 AND AS THE GOVERNING BOARD OF THE CONTPA COSTA COUNTY Mato �� D CON ;OLv �W TSE CONSERVATI �T� June 17 , 1986 governed by the so" of suwTisors, The oaf Niant saga is 7w ilout.ir& b 4orsawnts, and Board sobas of the wtiao taken on your w the Action. All Section refarenoes are ward of a`*i� iib r• SOY)• to California Gove n ent Codas given put'sue�nt to Gover�e�nt gods Ssartian 93 sad 315.4. tlom note all +Riarstisa/M"0 Ciaisentt Cheryl Westbrook c'D V�Ih► Attarnrys Jeanette K. Shipman Stern, Smith, Walker & Grell Address: 280 Utah Street 'Ms '�19jg6 San Francisco, CA 94103 Hand delivered Amounts $1, 000, 000. 00+ 201 delivery to Clerk w May 2 �e.►- Late beosivsds May 28 , 1986 By sail. Oona on Wk if the Board of 3Yjir'w1wr5 168 carsmy Mao Attached is a copy of the above-noted plata. luted s June 2,_ 19 8 6 PIM TATt1MM, Clerk, b11Y ^- = 93EEY : Mork (Cheek only one) �) Ws claim complies substantially with Sections 910 and IL0.2. ( 1 '!leis claiio TA= to oemply substantially with Sections 920 and 920.29 and rs aegis so notifying claimant. =ee Board aannot act for 15 days (section IMO.d). ( Claim is not timely filed. Clerk shmdd return claim an greund that it Was, tiled late and vend ward of claimant's right to apply for leave to present a 3aats claim (section 511.3). ( Olbert II2. b11Ms Clerk of the Board 70t Cl) Clotty Counsel, (2) County Aftinistratar r ( I Main was retw ed as sntimly with notioe to claimant (section j1.3). IT. IDAYO warlim us vote of 99parvis rs p ww0t (� this 4l9= rsjeeted in !'1tll. ( ) Others OwUflrthat this Is a true ia ooirectoo►py Board's en is Minutes farads date. pateds, 1GRF PHn WVICM, Mork, By ° • peptsty Clerk ItLVM (Gov. Coda Section 3i3) Bub3eot to orrtata esoePLioca, YOU doers Deily six (6) owtbe hm the date or this entice w par Banally served or deposited in the nail to file a W rt aotian net tstis Claim. gee Govarrmsmt Cods Swum 315.6. ?Cu say seek tae advias of an attorney of Icer aboioe in M r:sotion with this atter. If you want to consult In attotWey, you Whadd do so Was&ately. v. nae: Mork of the board Wt Cl) COUBty Ooesssel, (2) County Administrator •ttacdsed are copies of tee above claim. We notified for Claisant at the Board's action an this Claim by sailing a copy of this domammt, sand a mw thereof Ass been filed and endorsed m the Board's copy of this Claim in 2,0ooe'dar:oe with secrtim 29703. ( ) A rardng of olalownt's riot to awf mor lea tot a Iate claim was ,,ailed to Claimant. DATED:_AJIN 1 9 1gA6 YM OIT�i M, Clerk, By ° Dtp<aty Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District ' Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claim " t is:r,! Cheryl Westbrook ^r.c� 909 Randy Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent i IAAY a- 1986 Jeanette K. Shipman LAW OFFICES OF OR 1L SA STERNS, SMITH, WALKER & GRELL ►HARD ARD F F UPEPERV1SORs 280 Utah Street TRA c s San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 909 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 , JEANEIMfE K. SHIP Attorney for Claimant i 3016-B I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustainediphysical and emotional injuries and property damage , both real and personal , on or about February 17 through February 20, 1986, linclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows: (a ) Said entity breached its duty to maintain , control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, ,by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; t. (d ) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; (c) Expense of preventing further damage from suture flooding ; (d ) Expense forldebris removal including reasonable compensation for time of claimantland volunteer laborers ; I (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; t ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotioInal injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustained !,as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt i + ` . , CLAIM FOR PERSONAL NJURI PROPERTY DAMAGE AND EOUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Mra Asta County Flood Control ii + i4RINVED TO: Contra Cista County Flood Control District PAY1111986 Contra Costa Countv 651 Fine St Pursuant to the provisions of Section 910, et seg. of the Government Code Of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District . z The no I most office address of the claimant is: Cheryl Westbrook: San Pablo, CA 94806 2. The address I o which notices are to be sent is-, Jeanette K. Phipman LAW OFFICES OF 280 Utah Street San Francisco. CA 941Y3, 3. The circumstances which give rise to this claim . occurred on February 17, 1986 and are described in "The Basis of the Claim'' which is attached hereto. 4The names o+ s and losses are the aoents. servants and employees of Contra Costa County Flood Conlrol-Distr, ict whose names and identities are not presently ^''"'°' to claimant. presently5. The amount ot. damages claimed is $1 , 000, 000. plus an amount , bt believed t b 1 illi dollars, for ` "�f `. aarr Ton- Damages", which i attac#e&- hpretxa° May 13, 1986 --- --------- ANETTE K. S AN ' ' �torney for rimant 3016-B | | i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both reall and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa ICounty Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or other-wiae- liable,_._including.acts.._and-..omissions-_which._are-..presently +Mant. ITEMIZATION- OF DAMAGES:' (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment1 use and repair expense; 3016-B (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages forlthe negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; I (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation loss of time from employment and loss of earning capacity;i (k) Attorneys' fees incurred in recovering damages and equitable relief for these 'losses; (1) Equitable relief requiring the Contra Costa County Flood Control District to build,, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and : . . ... . . .: .. .. /lam AMENDED -- :rn esLqw � tww Com COMM gL�lBI1 claim "a wt the ftmty, or bistriet CS !0 Q June 17, 1986 governed by the Board of Supervisors, the copy • ed tois Par 1lo,,ting Sr�dor•semants, and Board I Motics of the actia�n takso an poo' J!, 6 t!r Actino. 111 Section refer noes ars board at a"sisors (Psragr"ft no !alar) to California Gooarrment Codes I given PJYuant to Gomrment Coos Ssotiao &3 Randy Westbrook rood 195.1. Please cote all e claimants lttcrj": Jeanette K. Shipman JOT / Sterns , Smith, Walker & Grell 6� lddr,ss: 280 Utah Street I �9R6 San Francisco , CA 94103 Hand delivered AMMMU $1, 600, 000. 00+ ly deli wry to clerk an _ Ma v 2 8. 19 8 6 sn nate *eoed wd: May 28 , 1986 I By aril, poslaariosd m • erk if the Board�of Sypirdwm : CaEfy Maria- jittacbed is a copy of Uw above-noted claim. ntteds June 2 . 19 8 6 P'Ei27. SLTOIELM• Qwks Sy I at —4A-h K les It (Check only one ) ark 7liis claim oamplies xubetntlliuy with Sections IAO mond 90.2. ( This mlaim TABS to o®ply substantially with Sections OM0 and OM0.2, sed rs Ift so notifying claimant. The Board owwt act for 15 days (Section 110.5). I ( f Main is not timely filed. Clerk should return claim an ground that It rax filed late and send tirarni of claimant's riot to apply for leave to present a late claim (Section 911.3). ( Others i i Dated: n I By s G,�t t,C-C.lL477 put y ty I III. s Clerk of the Boa+ =Os Cl) County Gowssel, (2) County Ad inistrat�or r ( ) Main was returned as wniisely with notice to claimant (9ectioo 312.3). i I9. mm �nswus Ate of super 1wrs present 44 T(� This olaWLs reJocted is ft;<11. ( OtAars Certify that Ms In aliM oorrect copy Board�a an y Minutes for s date. bated: '7 PM UTOMM 9 clerk, 2>yt ° t Deputy cleric iIAA= (Oov. CO& Section 113) Mkbject to oertsin szoep'ticns, you have ally six (6) song from the date or lain sotioe w pevsornally served or deposited is the Mail to file a mart notion an this 434im. Bos Government Code 'notion 945.6. Iou say seek the advias Imf con attar my at ear d otos in canoe Ion *tb this rtter. If you wast to i;;W llt an attoMry, ?ps a?=dd do so mediately. 7. nos: Clark mf the Board ID: (1) OMVty Ronal, (2) County •dsinistrator Attached areSas of the abate on'P claim. We notified the Claimant of tins Doard's action on this claim by Mailing a copy of this doeuersnts and a Memo thereof W bw filed ond sndereed cc the Board's oiyy mf this Claim in with Section 29703• ( t rasing of claimant's right to awy ibr lea to t a alms w aided to claimant. DATM: UM 1 q. ip0" M31 S►T�I,piR, Mork, By ° DsRrty Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Contra Costa County RECEIVED TO: Contra Costa County MAYc�'Y 18863 Clerk of the Board 1:00 Pm. 651 Pine Street 0-1.TCHcIG: UK 00 Room 106 rOF!! _•.. co ,..aa_s Martinez, CA 94553 °e',...• Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Randy Westbrook 909 Randy Lane San Pablo, CA194806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH WALKER & GRELL 280 Utah Street San Francisco,i CA 94103 i 3.° The circumstances which give rise to this claim occurred on or about February 17, 1986 at 909 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of alll public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, Ibut believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the I claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEA TE K. SH AN Att rney for C1 imant 3016-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 19W, inclusive , as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : I (a ) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; j (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of Sani Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; i (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to reals property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; _ (c) Expense of preventing further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant an� volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and lthe loss of and real and personal property in the event of future flooding ; (g ) Loss of consort Iium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physicaliand emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these loises ; ( 1 ). Equitable relief requiring the said entity to build, repair and maintain the creeksjand other drainage systems to prevent future flooding; I (m) Interest on expenses and damages ; and 1 (n ) Damages for otlher injuries which are not presently known. spablo.rpt I i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Contra Costa County + TO: Contra CostalCounty Clerk of the ! Board 651 Pine Street Room 106 Martinez, CA 194553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and 'post office address of the claimant is: Randy Westbrook 909 Randy Lane San Pablo, CAI 94806 QA 9 2. The address to which notices are to be sent is Jeanette K. Shipman RECEIVED LAW OFFICES OF STERNS, SMITH; WALKER & GRELL MAY \� 1986 280 Utah Street San Francisco, CA 94103 IL", Lor+ OD S CL NTRA C TAE 0. 3. The circumstances which give rise to this clai ti on FEB-17-1986 and are described in "The Basis of the Claim ' which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of ,damages claimed is $1,000, 000, plus an amount, presently unknown,1 but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 - E ETTE K. SHIPMA torney for Claimant 3016-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real) and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and emplioyees as follows: (a) Contra CostajCounty breached its duty to maintain, control, repair and remove'' debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra CostajCounty maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessaiy to abate the nuisance; (d) By reason oflthe foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3016-A (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional dilstress and other personal injuries sustained while escaping from the' floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; I (g) Loss of consortium of claimant' s spouse or partner due to physical and emotional injuries; I (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (j ) Compensation1for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding,- (m) looding;(m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. AMENDED W d�� 81.E aoar� ooarriIsm AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY _ maim � FLWD CON OL�.�p TSE CONSERVATI ' r June 17 , 1986 governed by the Bird of Stsperrisors• � eopf • en ed to Is pas' loutins E�r's�tal estd � wt of the action taf�en m try the Action. All Section references bre Soa:d 0f ftwode s ea�o 1V, 6e1M). to California Qovw wwt Oodes I even p�rsua:tt to �ioverament Oods Seotico �8 toad X5.6• 21ew cote all • M��*= Randy Westbrook ,• 00 Attaeaay: Jeanette K. Shipman Stern, Smith, Walker & Grell JUN Q 31986 Addreast 280 Utah Street '* t�y San Francisco , CA 94103 Hand delivered ' Anowts $1 , 000 , 000. 00+ By deiiwry to 01erk an _Mai, 28 198 Date Beoedvadt May 28 , 1936 I S9 anile postaw'foad 0n - ciao ark Board or supleFffs" : 06ZEY Attached is a copy of V4 above noted olaia. �i Dated: J_ u_,_2. 1986. �ilL lSItTQML01t, Clerk o By I ""�a4thyv X 3gle4 CFX�Fy Ws Clerkw (Check only one) Ibis claim oomplieo tubstlantially with 3wt10os 910 WA 110.2. ( ) Phis elms JAMS to oamply substantially with Sections 910 and 910.29 end tw MM so notifying claimant. The Board oanrot act for 15 days GSection 910.8). ( ) Claim is not timely filed. Clerk shmdd return claim on V%aatd that it was Ailed late and send w ming of olaimantls right to apply for leave to prevent a late claim (Section 93.1.3). i ( ) Others I - - --- - bated: I By: c-c Duty t1 MUMn III. nMi Clark of the Board 70: (1) ty Counsel, (2) County Administrator r ( ) Main was returned as untimly with notioe to claimant (Section 911.)). IT. MwCgl'Dflt urtammous vote of Supervisor p veld !lits 03ai U re tIo full. ( ) Others oeTti y the s s a!Eve oorrset copy Do"Ia eo aimutes for this date. Dated: 1 N 1 7 IcAr, PHIL BAItRL iR 9 Clerk. By ° • nepuRy Clerk .... _ _ �U►RNDIG (Oov. taods Ssotiae 913) O bJeot to certain esoeptiicosg 7W have only six (6) tonths th s the date or tK& notice res pe winally served or deposited in the tail to file a 0owt action an this alata. ase Covw mt Code Se�siac 915.6. T0u gay seek the advice of m attocnsy of 1xr choice in 0�otwLsrtion tdtb this attar. If YOU want to ammat an at � ahmdd dso Imaedialyo � . V. nM& Clerk of the Board IM: Q) County Oasssal, (2) Oomty Administrator Attached are 000e of the above claim. Ve notified the olasoaant of the Sctaardt action an this claim by miling a s and eodars�0 m the Bcard's °Op'1' of this doavmeat� Anda >troao thereof has been filed OW of this Claim in aoaxdanve with Section 29703. ( ) t naming of ct,s ant•a Tigrt to qpgy �. lea to t • clots I" wiled DATED _ VM SAM=9 Clerk, By ° Oeputy Clerk i - CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Contra Costa County Flood Control District i TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code ofithe State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Randy Westbrook 909 Randy Lane l' San Pablo, CA 94806 kaLl 2. The address towhich notices are to be sent i :RECEIVED Jeanette K. Shipman LAW OFFICES OF ! �,9AY �`�1986 STERNS, SMITH, IWALKER & GRELL 280 Utah Street PHIL BA H LOR San Francisco, CA 94103 �LQ NTRD RIA GFSTPC �OR 8 .. ... ............ D 3. The circumstances which give rise to this claim occurr d on or about February 17, 1986 at 909 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are theiagents, servants. and employees of Contra Costa County. Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, ,but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 271986 JEANET K. SHIPMA Attorney for Claimant 3016-A CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE REL'IEF' Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained I physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986,1 inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents, servants and employees as follows : (a) Said entity bleached its duty to maintain , control , repair and remove debris fromlWildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual andl constructive notice that San Pablo .Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design , require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense; (b) Damage to personal property , including but not limited to the loss of enjoyment use and repair expense ; (c) Expense of pieventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant And volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters , mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained; as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt i ' . | ' , CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Gov rnment Code, Section 910, et seg. re: Westbrook v' Oontra Costa County Flood Control | + TO: Contra Costa County Flood Control District MAY lb.. 1986 Contra Costa County 651 Pine Street PK 894ROR 10 11 Room 106 ' Martinez, CA /94553 Pursuant t the provisions of Section 910, et seq. of the Government Code If the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and I post office address of the claimant is: Randy Westbr9ok 909 Randy L San Pablo, Cj 94806 � 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Franciscb, CA 94103 ! 3. The circumst nces which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of | all public emplovees causing the injuries, damages and losses are A ye agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5The amount of damades claimed is $1 , 000, 000, Plus an amount, `r_-_n '-' _p—__ o, but believed to be several million dollars. +ot-- ' the, rep,a-.in or- "== Damages" which i ac ed hereto. May 13, 1986 ------ _______ - TE K. -HIPF rney. for Claimnt � 3016-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Contra Costa County Flood Control District + iTHE BASIS OF THE CLAIM Claimant sustainel physical and emotional injuries and property damage, both realland personal, on or about February 17 through February 20, 19861 inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and Sian Pablo Dam. Prior to said dates of damage, Contra Costa Couaty Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; _ (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable,. including acts. and. omissions- which... are. presently , ITEMIZATION- OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3016-A (c) Expense of preventing further damage from future flooding; i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook v. Contra Costa County Flood Control District � + (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the I floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and A. M_E,N, D E D Clain Against tae Oo�snty, or biistriet C! !0 ��1r! June 17 , 1986 Rove: by the Beard Of MAPS! ►iscro Tba copy s 35cuml, muled to w is Pty pouting add sementa l aid s mottos of the action tam GO your b! us Action. All Section refarenoss ars Saak of auperdsors ChVw rapb Two baa). to California Government cod" I given PiwisDt to Goverrnment Cods sectiao 113 and 915.10 !lamas acts ail C • aaisatrtt Helene Wichner1 OO& Aturwy: Jeanette K. Shipman '/UA( Sterns , Smith, Walker & Grell 431986 Addrassi 280 Utah Street) C4 , San Francisco , CA 94103 Hand delivered a3t: $1 , 600, 000. 00+ BY Osliwt7 to Clark m May 28- 19 8 6 Date lleodved= May 28 , 1986 By mail, postmarlad an . erkif theO pe sots : y Attached is a Copy Of Lbs above-Doted Claim. K�" 1 UWs _June 2 _ 1986 NZ UTOffiOA, Mark, Dy ath tyles nmairy 7DI Clark oars (Check only one) (� This Claim o®plies substantially with Sectioas 910 and 910.2. • ( ) This claim TAIIS to oamply substantially with Sections 910 and 910.29 and W SM so notifying clalmant. The Board owmt act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk shotild return Claim on ground that it w filed Sate and send warms$ of !claimant's right to apply for leave to present a lata Claim (Section 811.3). ( Othar: bated: .uu- A , 7 7M 1 By: pvty County In. tllL'!!: Gawk of the Board Tot (1) County Counsel, (2) County Administrator I V ( ) Mats was retunnsd as an i isely with notice to claimant (,Section 931.9). i TV. IOPM am unanimous vote of supervisors prevent (>O )his claim re is 11e1.1. ( ) Others i U915 that this is a' true Wd correct COPY the 'o Order entered is almites for this date, a Dated: )NIL BATCRLM s Mark, �yPDeputy Clark .... _ _ Vi w= (Dov. Colo section 113) &Ajeat to Certain exceptions, you save Daly sit (6) Conor Dram the date at we mctiae was personally served Or dspoaitwd in the mail to file a cart motion an luta alms. Of Government Cods 3wUc0 915.6. Tau My seek the advice Of an atta may of your ahcios in ocnrim •ith tees attar. It you want to consult an attor=, yon should do so i®ediately. V. nMi Clark of the soar TD: Cl) ftmty Oomsell (2) Opinty Adairristrator Attached ars Copies of the above Claim. We mtifisd the elaisaxlt at the 2eard's action an this Claim by mailing a copy of this doemeent, and a ammo thereof ha been filed end a&C"d an the Board'& COPY Cf this Claim isspoords Frith 3eetion 29703. ( ) A munIng cc ala awnt•s right to apply tion leave to t a late 01aim mu mailed DATEN JV '1 �tIFQL S►T=M, C1er'ic, 'PA c beputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et SEQ.0 J re: Wichner v. Contra Costa County RECEIVED + r TO: Contra Costa County MAYO {98n 00 Clerk of the Board rMll RATCHEIJCHR (?M. Cz 651 Pine Street [ER.R !12 OF S,,ff""". fC J :H.i.OSTP Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code oflthe State of California, claimant claims damages and equitable relief from Contra Costa County. 1 . The name and post office address of the claimant is: Helene WichnerI 1010 Barbara Lane San Pablo, CA §4806 2. The address tojwhich notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, IWALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1010 Barbara lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are t* agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, ibut believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the I claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEAWETTE K. S81ZPMAN Attorney for Claimant 3020-B i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, linclusive , as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design andlconstruction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; ( c ) Said entity malintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, loving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; i ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters , mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future floloding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for thlle negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant 's family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; I (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; I (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and ( .1post office address of the clai.m� t�U Helene Wichner 1010 Barbara Lane San Pablo, CA 194806 RECEIVED i 2. The address to which notices are to be sent i MAYIG 1985 Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL P►+'TRACO EAE ERK ARD LOR OF RVi 280 Utah Street -�� San Francisco1 CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 ETTE K. SHIP torney for Claimant 3020-B CLAIM FOR PERSONALI INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and 'recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa �County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra CostalCounty maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessay to abate the nuisance; (d) By reason oflthe foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of 'use, enjoyment and rents; repair expense, additional living,) moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3020-B (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; 1 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Conlltra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the I floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant' s spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensationlfor loss of time from employment and loss of earning capacity; ) (k) Attorneys' fees incurred in recovering damages and equitable relief for these flosses; ( 1 ) Equitable relief requiring the Contra Costa County to build, repair and maintailn the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and I (n) Damages for her injuries which are not presently known. AMENDED or aE Cw =TA Wwffa 9w- RIM - AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY---- C1aL L D CON OLL)>�TE CONSERVATI June 17 , 1986 O� s �ad to is sone' governed by the Board of Jupervisars0 �!r eropy UID taken on yes' ]touting V-9 ItsI tad Board I mertioe of the not emen Action. All Section reraranoes ars Board of Suterdsors (paraSrai�b Iwo �1a)• to California Govwnm_wt OodeaStven pu'sue a to Gover mint Gods Beanies 313 and sl5.t• flew mou all • Claimants Helene Wishner ,. coUAIy 410,401 Attaruns Jeanette K. Shipan JUN asStern, Smith, Wlker & Grell s �9�b Addrss 280 Utah Street Wft San Francisco , CA 94103 Hand delivered ioWts $1, 000 ,000 . 00+ ly delivery to clerk aD .,,May 28 , 1986 Date jeosiveds May 28 , 1986 NY mails poste an erkd of &peFHMV s Attached is a copy of the aDovs-noted 02AIM. Sateds June 2,_ 1986 Marks By = CODOUnty : Mark (Check only one) Tais claim complies substantially with Sections 9l0 ar d OL0.2. ( This *Salm TAILS to oomply substantially with Sections 9l0 and 810.29 and We art so notifying claimant. The Board owmt act for 15 days (Section SOA). ( Male is not timely filtdl Clerk should return Claim on Vvund that It VW tiled late and sena warni,r� of claimant's right to apply for leave to present a late alaim (Section 911.3). I oulers I 27 I By: Lc putt County 2II. : Qerk CC the Board, IN (1) Co�sity Cassel# (2) County Adasntatrator Claim tism returned as sstisely with wUae to claimant (Section 3U.3). I IT. 8= wianisiow vote of Supervlwm peyeemt 04 !leis el "0'%W~Lr I aie4s rejected ft full. ( ) Mars I I I y-0-st this Is aU%w am correct oo the BoarO'a w is ■ies for this date. 1 natee: Lu.-NQ7 �ml, tr► ,o�, darks sIt r . nt� C�ertc WAR= (OOT. Oode Section 313) subjaat to CeerCain *=Ptloos I you ba" only six (6) montts from tAs elate of this mottos w persoe:all7 served err depeeited in the il to rile a caaft motion en tb;s alas,. seer Sale Govneeent Cove SWW maon 915.6. TOu My seek the adrioe of an attorney of yaw aboioa in carsertion ultb this aatLar. If you tient to consult an at torwYo 7cu shmdd do so Immediately. V. rliars: Clark end the Board Ws (1) Oastty Oovnsal g (2) Winty Actieistrator AttadW are Copies est the above claim. Ye aatitied the Claimant cc the scare's action an this claim by mailing a COPY of this doeuoratg and a mo thereof W bW riled and NXIM eQ mei the Board's copy of tWs Chia in s000rdanoe with Section 29T03- ( ) A rarnirls of claimant's right to apply ibr tea t • tate claim w mailed DATED:� N 1 9t� To. 7 IM SLTM=. Marks By— .VOAAY Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, .et seq. re: Wichner v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Helene Wichner n 1010 Barbara Lane San Pablo, CA 94806 RECEIVED 2. The address tolwhich notices are to be sent i , , I Jeanette K. Shipman �,',��� �-� �gs� LAW OFFICES OFI STERNS, SMITH, WALKER & GRELL PHI lB TCHELOR UYERVISO 280 Utah Street B , �a TRA ST San Francisco, I CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1010 Barbara lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the Iagents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, lbut believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 9�A�- J4�-4 1 JEIWTTE K. SHZPMAN Attorney for Claimant 3020-B i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, I inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from IWildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and I constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; i. (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts 11 and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from suture flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant aid volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; i i ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks! and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and I (n ) Damages for other injuries which are not presently known. spablo.rpt CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABL RELIEF Government Code, Section 910, et seq. j� J— re: Wichner v. Contra Costa County Flood Control Dist c % LJCEIVED TO: Contra Costa County Flood Control District IJi AY 1 4 1986 3:Z0P 9 Contra Costa County PHIL BATCHELOR 651 Pine Street nLERK8 RD OF SUP RVISORS C RA COST Room 106 g '� D!wuty Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Helene Wichner 1010 Barbara Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. , ti 4. The names of', all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to' be several million dollars, for the repair of drainage systems to prevent future flooding. The descri n-. .tYae--:-elatmant:!'s damages. is.--.:Ln tbe:."`Lt�„mtzat.�cL .a£.. Damage,.^vAi-atiL.Lcat-;aLttacftecl--hereE a. May 'w - -- - - - AN TE K. SHIP (Att ney for Clai n 3020-B . I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to takeall steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unkno�aa:.-ham;- :Fcinan: i YTE a ATMN CIF II TRGESs. in value; loss of! use, enjoyment and rents; repair expense, additional living moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment; use and repair expense; i 3020-B (c) Expense of preventing further damage from future flooding; • CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; " (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on 'Ixpenses and damages; and a (.M) ULamwjps. t=:-.cdm5ar. injuries whLch-;are-not-greseatLg;- _ 15,12, - - s ,M ar aurwylsr I w cam mu Ccs. ex KI �. cruIM A Claim Usinst the Cbunty, or bistriot 2C�'!'ICS 10 Q.L�l1�'R! Jure i7, 1986 t+ovarrad by Uw Board of &pereiaora p Sbe ft" d7wildmimant'acted to is Par Mooting Worsements, and fterd aotioe of tee motion taken on mss' by go Action. All Section refarencw we Bogard ct x4mr risore V'are V%* M ea?or} to California Qo.arrawt Cod" given pxvumt to Qovw meat Cods Biroticc �3 Charles L. Moore mad 115.4. nesse °°u all siiwuwwoo Claimants .. [�.,.�_. At = Jeanette K. Shipman JUIV ' Q $jgAs Sterns , Smith, Walker & Grell Addremss 280 Utah .Streets *w as San Francisco, CA 94103 Hand delivered , AW Ot s $1 , 600, 000. 00+ By deli Tari to Clerk m May, 28 , 19 s,b._„�,�;,_ fats BeoriTsd: May 28, 1986 By mail, postmarked 00 ` « -Mark of Skapervisors T61 UEEY Maim Attached is a copy of talk above-noted Claim. fateds -Jung 2_ i 9$ NZ UTMN, mark, By nth K I e s « or tm BOWV Of roll (Check only ane) GRAWW s ark � } 'This Claim O=plie3 substantially With Seatians IMO and 910.20 t } '!lits claim !'AMS to ocmply substantially With Sections 920 and 910.29 and tie as+a So notifying claimant. The Board carnet act for 15 days CSeotiaa S.O.W. { } Claim is not timely tiled. Clark shmdd return claim on grown that it Mas filed late and send vaminff of ciaimantfs right to apply for leave to present a Tate alms (.Section 511.3). t } Others fated: t ,' Bye ply ty III. : Clerk opt the Board 'TDs Cl) County Counsel, (2) County Administraw • t } C1atm vis rstwm*d as untimely With notice to Claiaant (3ectlm 431.1). By unardwin Tate of Supervisors present 04 'This cs on. re,}eeted is full. C } ►s ` I Ow III Ust tws Is a true Corr"t copy the to atrrutes for this date. In Its f►aLsd: "31 UTC Ml Maw�, Clerk, By �_�O , DI►puty Clerk Bub�t to aertata e�aoe�iasns (�` Cbde ssa�2loa �3) motioe res pecrsoetilly sarved or deposittedYOU nIn the aTissii to�til. o�uamonths tao� n cc t a alata« Ase Govarzssant Code Section 9596. action oa !tits sou may seek the mMoe Cf an attoraT Of s�hr O SCe in wrac�tlan �tb t� Uttar tt loco rant to Consult an atto�ey, !� do so jmm*i&ately. T. tllC!!: Market tee Board BDs Cl} *UAy ONWa, (2) qty Admintatrator Attached are eopias of the above claim. We aatifIsd the olaSaant CC the Board's action on this Claim by sailing a copy Of this doaummt, Wd a terra thf bas been tiled and erndor d an tee Boards 010 � this ClaLm ft With Section 29703« C ) A Owning of C =,,t*a right to SMY rCIr lea present a to Claimant, ol,� eas wailed ��= -19 MRS PM SlTOEL a Clerk, By' DeMy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et re: Moore v. Contra, Costa County RECEIVED) MAYO' 1986 TO: Contra Costa County 1:0o p.M. Clerk of the Board PH1lDATCHRC' uz;;s on OF UP � �.,.,, 651 Pine Street e, c• �+ kACC*T.. ^o Room 106 op Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of; the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Charles L. Moore 900 Randy Lane, San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 900 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of idamages claimed is $1, 000,000, plus an amount, presently unknown,, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEA TE K. SHIIEAAN Attorney for Claimant i 3015-A i I i I 1 CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should. have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, ,moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from suture flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamiiation , mold and decomposition during the flood and escape efforts ; 1 ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters , mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt i II f I I i f " CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Moore v. Contra Costa County TO: Contra Costa County Clerk of the Hoard 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Charles L. Moore 900 Randy Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent i . Jeanette K. Shipman MAY 1985 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL °H� 8FC" ELOR 280 Utah Street �' aNA cosUDc 1� I San Francisco, CA 94103 s ti 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The .-amount of .damages claimed is $1,000,000, plus an amount, presently unknownl, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of . . .Damages" which is attached hereto. May 13, 1986 J A ETTE K. SHIPMA A orney for Claim t 3015-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code., Section 910, et seq. re: Moore v. Contra Costa County + (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; - (m) looding; .(m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. AME N D E D Or ar dM wat opo--, IN Swu AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY Maw LQQD CON ;OLS W TSE CONSERVATI Lwa _W ,& June �, 1986 tovwMed by the Board of Supervimma �e Ooir! s Pw flouting �6orsements, artd Board antics of the totian taken ao pow' bi t" Actiac. All section r.faranos are Board of Supardows ow*srspb IT# bylaw), to Califcrris Goverment Cod" given pi WMA to 0onTAPant Dods SWUM 113 and 915.4. flew note all •itaraitJ/M'. Qaisar*s Charles L. Moore Attar"y, Jeanette K. Shipman J Stern, Smith, Walker & Grell UN 0 31986 Address$ 280 Utah Street San Francisco , CA 94103 Hand delivered'` jammt s $1 , 000 ,000 . 00+ By delivery to clerk an May 28-- 19 8 6 =late Beordwdt May 28 , 1986 By mail, postow iced an . : C2iFk R the Of pe sods 158 Attacbed is a copy of the above-mated claim. , Slated, June 2 , 1986 PAIL SATaffiAR, M k, Bi► -o,�-L = y TDs Clerk (check only one) lliis claim oamplies substantially with sections 910 and 910.20 rds claim TAILS to oamply substanti all' with Sections 910 and 910.29 and we an so notifying claimant. Toe Board owwt act for 15 drys (Sect1cn 910.8). Maim is not timely tiled. Clerk should return Claim an XMXM that it was lYled late and send ~rami of alaimantts right to apply for leave to present a lata claim (Section 411.31. t Others sated( t x-.P-. 85 By: I -� DePAY MWEY III. Ms Clerk of the Board 70t (1) C %mty Cca3sel, (2) Cotrty AdmiAistrator t Main was retwred as mtimely with notioe to claimant (Section 91,1.3). IT. MOD unardmDus Ate of Supervisors present ONO !Psis al is rejected in full. L Others cert r uit Ws Is a true imcorrect Dopy the �seo is airn,Lpa,tar his date. order Dated, 7 6 PHIL SA7 8OELM, Clerk. By ° ' . Deputy Mark 1 AMM (&w. Plods ssotIM 913) Bub3ect to certain esosptioos, lou lave M1Y all (6) months ft= the dato at this b tine eras pal--sonally served or deposited in the ail to We a court aatim an this alata. See Govw=mt Code 30CUM 915.6. Iou ry seek tae advice of an attamry of lo,r ahoios in eanaetice with this ltattor. If you grant to Ommdt rn attorney, lou ahvAd do so ismediatoly. •, Pi: Mark of the Board !Ds (1) 00u0ty Cwnsel, (2) count, Administrator Attached are copies of tee above claim. We notified the alaimant of the soardia action on this Claim by ailing a oepy et this docu t, and a memo thereof bas bran tiled and endorsed an the Boards copy of this Claim in aoowdmanoe with Section M03. t ) A parsing of alaimant•s right to apply for lw to Qto t a Tate claim I" mailed lalmaaL. *DATED:_ JUN 191986 Wn WTOMMs Mwkg B o try Qa,k i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Moore v. ContralCosta County Flood Control District 1 + TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of :the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Charles L. Moore o� 900 Randy Lane 1 San.' Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is Jeanette K. Shipman NIA r�, 4986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHll 4ATCHELOR t �!O' F SUPERV 5 280 Utah Street San Francisco, CA 94103 e 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 900 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the ' agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. i 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, Ibut believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27 1986 JEANItift K. SHIPSAN Attorney for Claimant 015-A CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. i THE BASIS OF THE CLAIM I Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates, of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design , require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES : (a ) Damage to real' property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment, use and repair expense ; I (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant ani volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and � the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant 's family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i s CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE REL EF ._ Government Code, Section 910, -et seq T3 U re: Moore-v. ,Contra Costa County Flood Control Dis rCEIVED . f ..: NAY-,4, :1986 TO: Contra ':Costa County ;Flood Control .District _3. P•/M Contra Costa County PHIL BATCHELOR 651 Pine Street cB rRDCosT wsoRs _ Room 106 , B . De tv Martinez, CA 94553 _ Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages , and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Charles L. Moore 900 Randy Lane San Pablo, CA 94806 .2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. i 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa - County Flood Control District whose names and identities are not presently known to claimant. 5., The amount of ;damages claimed is $1,000,000, plus an amount; presently unknown,+ but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 J TTE K. SHIP A orney for Cla ant 3015-A CLAIM FOR PERSONAL ;INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Moore v. Contra Costa County Flood Control District i + THE BASIS SOF THE CLAIM Claimant sustainedphysical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair; same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of ;the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra CostaCounty Flood Control District was negligent or otherwise liable, Including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to rea'1 property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; (c) Expense of preventing further damage from future flooding; i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Moore v. Contra Costa County Flood Control District (d) Expense for debris removal including zeasoabla compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal, property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. f i oP aurwv OF cam cowl aw—ffeYt nSm Claim drat the county, or bistriet CE 20 CL ANW, June 170 1986 governed by Von 30" of Supervisors, SO ow a men ed to elate L par pouting ZrAom ements 8.and smut wtioe of the action taken an yourb2 the .Action. 311 Section refaranoas are board of avwvlo" (Paragraph !7e balaer�e to California Gover•,n"t codes given pursuant to Goee�rrment bods S"iao IL3 and 91S.% . Meese note all 'Karai 'CO Claimants Teri E. Moore (fi� I Attomgs Jeanette K. Shipman JUN Sterns , Smith, Walker & Grell 3r9�s Addrasat 280 Utah Street San Francisco , CA 94103 Hand delivered - Aw%Mts $1, 0 00, 000. 00+ By dallwrT to Clark an May 2 8 . 1 9 8 6 Date beoei wds May 28 , 1986 10Y nail, postmarked an : Mark if the Board Of pe son lot URRY Attached is a copy of the above-noted Claim. bated: _June 2 • 1986 PAIL IMTQ'TfLM, Clerk, ft n7hX KnAwles = y 5FZ99 75, Clark mors (Check only one) This claim ormplies substantially with Sections 910 and 910.2. ( this claim TAMS to comply substant i ally with Sect i ons IMO and 920.29 N-A rs SM so notifying claimant. The Board canwt act for 15 days (Sectiao 910.1). ( ) Maim is not timely filed. Clerk should return claim an ground Vat it was tiled late and send warns of ;claimantla right to apply for leave to present a late claim (Section ( ) Others bated: Dy►: putt county M. nM: Clerk of the board 70s Cl) ty Counsel 9 (2) County &dministratar r ( ) Maim wu returned as mtimely with notice to claimant (Section 911.3). I9. BOARD OW u animom vote of Supervisors prwat " C*r sties olai*kb reeted in hili. ( ) Others certifynut" ,�the this s a true comet COPY the SZFa en t Dated 17 19 s date"M SATQM.OP, Clark, By ° • �PAY Clerk 01-j-ud� MAl3t M (Gov. Code Beatles, 923) Sub,)eat to Certain esoeptiaa, tau bays only Bis (6) menthe Liam the eat• or tela motioe Pas p SWAlly sawed Or deposited in the mail to file a cart Wtim CC this elala. See Goverment Code 3eotiao 915.6. Tau mal seek the advice of an attorney Od yar Choioe in ocxnmtian Idth this matter. If lou rant to Consult an attOMOY, you Should do so immediately. V. IM: (Mark of the board IN Cl) Oas:ty Camel, (2) Casty Aftirdstmter Attacdsad are Copies of tee above Claim. We natifled the alaiaant of the boardgs action On this claim by mailWj%2 Of this Ooe�t, wd a memo thereof by befiled and endorsed m the Board'• Claim in with Bsetion M03- A wridng of claimant's right to any fW leato to t a Claim w nailed �►rID: Je 919$5 �. NATORUM I Mark, By _ �rtY Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et eq. 4 e7om J - - --f ZV J J 1 eq. re: Moore v. Contra Costa County RECEIVED TO: Contra Costa County MAY�� '1986Clerk of the Board 651 Pine Street I;Dd P. M. PHIL U.TCHUC' Room 106 CAR B h OF Martinez, CA 94553 co+T Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. i 1. The name and post office address of the claimant is: Teri E. Moore 900 Randy Lane! San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco,' CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 900 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the, agents, servants and employees of Contra Costa County whose names, and identities are not presently known to claimant. 5. The amount of 'damages claimed is $1,000,000, plus an amount, presently unknown,Ibut believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 /s"�'►1 JEANEVE K. §HIPMAN Attorney for Claimant 3015-B CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February '20, 1986, inclusive , as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; , (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real, property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, 'moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , fuse and repair expense ; (c) Expense of preventing further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; i ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical : and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks , and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo .rpt i i i i i i i CLAIM FOR PERSONALINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF GoveIrnment Code, Section 910, et seq. I re: Moore v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA '94553 Pursuant tolthe provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable reliief from Contra Costa County. 1. The name and 'post office address of the claimtis• ,�,,,Q Teri E. Moore ave C ^� 900 Randy Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent i Jeanette K. Shipman MAY 1U 1986 LAW .OFFICES OF STERNS, SMITH, WALKER & GRELL LpA LOR 280 Utah Street [�CL*HROUPERVI T A STA San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount ofjdamages _claimed is .$1,000,000,. ..plus ..an .amount, presently unknowns, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which. .isi_ attached hereto. May 13, 1986 -- --- --- - ---- - JE TTE KorSHCllaimit . A orney 3015-B CLAIM FOR PERSONALI INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Moore v. Contra Costa County THE BASIS OF THE CLAIM ..Claimant _sustained _physical and emotional- injuries and property damage, both real and personal, on or about February 17 through February 20, 19861, inclusive, as a direct result of the negligence, carelessness and ;recklessness of Contra Costa County and its agents, servants and employees as follows: , (a) Contra Costa�' County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and- construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) - -Contra -Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra .Costa! County. was .negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment use and repair expense; . . .(c) ....-Expense .of preventing -further damage from future flooding; I (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; CLAIM FOR PERSONAL` INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Moore v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and -subsequent contamination, - mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in,' the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. i I I AME N D E D �> or or dM ooszA MOM., IN AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY � _ �� LD94 CON �OLRT�E CONSERVATI } T ► r a L, 1986 gover3ed by the Beard of Supervisadrs, cop! dwls �oc��`t yam' Routing Drdwsements l " Bcard notice of the action taken ao low b' the Action. All Srctian refarenoss,am Board of Averviscrs r• halve), to califcrni• �3oves•rs ent codes gig prsuant to Go t code Slocum I.3 and 915.4• tlsase nota all ei►arniop�'. Marts Teri E. Moore ^�� t ill. Attaeeeys Jeanette K. Shipman N Stern, Smith, Walker & Grell '��9g6 Address: 280 Utah Street San Francisco , CA 94103 Hand delivered Amounts $1 , 000 , 000. 00+ Bi► delivery to Clark an _May 28 . 1986 _• Sate Renewed: May 28 , 1936 Sy pail, tones on . erk of the F50d of 5YFervli—xs 158 CAXMty MaZ Att c ed is a copy of Un above-noted chola. Dateds June 2, 1986 PM IATOOMM, Clarke a9 (Check only am) (�) lois claim oampliea substantially with Seetidxe 910 and 910.2. ( We claim YAMS to o®ply substantially with Sections 9l0 eland 910.2, and tis are so notifying claimant. roe Hoard cannot net for 15 days (Section 910.8). ( ) Maim is not timely filed. Clerk should retum claim co ground that it was filed late and send warning of claimant's right to apply for leave to pressnt a late claim (Section 411.3). Others bated: By: NDAY ty W. 9BM: Clerk of the Board 10: (1) County Counsel, (2) County Administrator ( Main was returned as untimely with notioe to claimant (Seeticm 911.3). IY. Q�hOt�refectBy unanimous vote of Supervisors present (50 !'his o1 ed is full. ( ) Ours oerti y that this Is a' true iR oorreot copythe SwIts Order as is ddddsnutes for this date. Hated: ` 19-ten' PfM SATOMLOR, Mark, (0,� L sy v neputy Clerk 1GRaM (WT. Code section 913) *A.% t to Certain ascepticos, YOU have oddly cis (6) months rho the dots or this notice w personally served or deposited in the call to file a court Mum edo this a1aL. See Covwwwt Code 3`tion 915.6. Tau nay seek the advice of on attorney of par aboiae in 0=00t1m tiitb this rttar. If you want to cod malt an attooney, .*vu should do so tamediately. V. nM: Clark of the Board !Ds a) Cwmty Counsel, (2) C mty ldlministmtor Attached are Copies of the above Claim. We notified the ala rant or the Boardts action an this claim by =1114 a Copy Cf this doeumrsnt, and a smash then-wf bas Omen tiled and aodarsed m the Board'a appy cc this Claim in s000trdanoe with 'edtim 28703. ( A VWMI g of claimants runt to apply rw lea to ta t • lata ClainM3 nailed bl WCAN--9 AgR6 En UTOWIM s Clark, Li► ml-d B a DOPAy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF I Government Code, Section 910, et seq. re: Moore v. Contra Costa _County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, .claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claiman s: Teri E. Moore 900 Randy Lane' San Pablo, CA 94806 RECEIVED 2. The address to; which notices are to be sent is 14A`' a` 1986 Jeanette K. Shipman LAW OFFICES OF PHIL BATCHELOR STERNS, SMITH, WALKER & GRELLcl o11D IUPERVII s Q� NTRA ST_l�Gp. 280 Utah Street B San Francisco, : CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 900 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JE TTE K. SH MAN Attorney for Claimant I 3015-B CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND ' EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both "real and personal , on or about February 17 through February 20, 1986, inclusive , as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense; i (b) Damage to personal property, including but not limited to the loss of enjoyment , Ise and repair expense ; (c) Expense of presenting further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters , mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity, (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt I� I i I l I • t • CLAIM FOR PERSONAL (INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Moore v. Contral Costa County Flood Control Dist is RECEIVED TO: Contra Costa County Flood Control; District TA J& 1986 Contra Costa County 3;tacem- 651 Pine Street Room 106 IERK BW Hyl D OBATCHELOR OF ORS Martinez, CA 94553 B c COSTA O De= Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Teri E. Moore 900 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco,, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to! claimant. 5. The amount of 'damages claimed is $1,000,000, plus an amount, presently unknown,l but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the' claimant's damages is in the "Itemi tion of Damages" which is attached hereto. May 13, 1986 J N TTE K. SHIP t rney for Claimant 3015-B CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Moore v. ContraiCosta County Flood Control District THE BASIS OF VHE CLAIM Claimant sustained', physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra CostaCounty Flood Control District was negligent or otherwise liable, lincluding acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment,1 use and repair expense; (c) Expense of preventing further damage from future flooding; i i i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. I re: Moore v. Contra Costa County Flood Control District (d) Expense for debris removal including- reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and i (n) Damages for other injuries which are not presently known. i A M E N D E D i IBM Q Nam Q lam om AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FL D _CONTT ROL W E CONSERVATI June 17 , 1986 o� ass. wrest tee wimy, +srWOAII Ruled to L low by the Dowd of Supervisors, 2be w"pouting �j and Board aotioe of the action taken an lop lslorft; tie Actice. •11 Section rafwrM*05 ars Board of fterVI"M 0W%V%P r• to Califa7ia Goven=ent Codas i given pursuant to 6ovw=mt Cods Saotion 6t; and 615.4. beast oohs all aitaratwo 1aigaats Harlen J. Mossett CM0( Attarnsys Jeanette K. Shipman JUN 0 31986 Stern, Smith, Walker & Grell SddriMs 280 Utah Street San Francisco , CA 94103 Hand delivered Ammot s $1 , 000 , 000 . 00+ deli vary to Clerk 00 May 28 - 1986 nate Saordwds May 28 , 1936 By Dail, postaariosd an - - 7KX-._7Cerk if M 1oard of EpPer-WiR�F ws County ciao lttacbed is a copy of the above-noted 01.132. bateds _June 2 , 1986 MIL B&TQMM 9 Qee'k, 117 Ion. : COMEY : Mark Or-910 Board aww%borls (Check only one) psis claim o®plies substantially with Sactio0s 610 and 610.2. ( ) !leis claim fAn.S to ocseply substantially with Sections 610 Ind 610.29 WA we ars so notifying claimant. The Board Cannot act for 15 days (Section %0.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was tiled late and send warning of Cls3mant's right to apply for leave to present a WO Claim (Section 911.3). ( ) Others bated: T-e.._ 7 By: DePAY County In. IM: Clark of the hoard 70: Cl) County Coetsal, (2) County ldmdnistrator ( Mai- was returned as smt1wly with notice to claimant (Section 911.3). XT. DDASD W=AADy unanimous vote of 9uperrisors present b4 lhis eSaois re in still. ( ) Others cert y thatthis s a revs oorrect copy the ern is aiMews for this date. a Dateds UN 17 986 lam, UTOMM 9 Clerk. �► , %PAy Clerk WAMM (Gov. Code Section IMS) skjoct to oertain 0=0pticnst you have only adz (6) owths !from the date of leis 2atioe w personally served Cr deposited in the rail to rile a own action cc tits alai-. See GovarMent Code Section 645.6, Tau Day seek the advice of an att rm" of your► dobe in omtection with a" utter. It you want to 00109111t an attor-bey, You Oftild do so immediately. V. nft Clark of the Rasid 11D: CIL) Casrty Cauasel a (2) Covetty idainistrator AttadW ars copies of ;the above claim. We wtified the olaiasnt of the Board's action an this claim by Selling a CM of this doeumeat, end a ammo thereof has bm tiled and andci . on the Doard'• Dopy of this Claim to a0oordanoe with Senders 29T03. ( ) • earning of Claimant's riga to apply rar las to t a late Q1ii2 w sailed h - 0 Oeltit7 reek 0 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA94553 I Pursuant to the provisions of Section 910, et seq. of the Government Code ofIthe State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Harlen J. Mossett r 1207 Brookside', Drive ,' 11 San Pablo, CA 94806 2. The address to; which notices are to be sent is RECEIVED Jeanette K. Shipman LAW OFFICES OF I'"AY - 1986 STERNS, SMITH, WALKER & GRELL 280 Utah Street PNIAL T EIO BOR SUPERVISO R C San Francisco, CA 94103 6 3. The circumstances which give rise to this claim occurr d on or about February 17, 1986 at 1207 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the', claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE K. SHIPMAN Attorney for Claimant 3013-A ; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE 'RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustainedIlphysical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate . the nuisance ; i. (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: i (a ) Damage to real property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, moving and storage expense ; w (b) Damage to personal property , including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; j (d ) Expense for debris removal including reasonable compensation for time of claimar and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustaned ,while escaping from the floodwaters, mud and debris , and from the fear for personal safety andi the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained has a result of witnessing injury to claimant ' s family; i ( i ) Expense for medical services incurred in the treatment of claimant ' s physicalland emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; i ( 1 ) Equitable relief requiring the said entity to build, repair and. maintain the creeksand other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt I I `i 4 ' - ' CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. �re: Mossett v. Contra Costa County Flood Control Dis4cz + i /TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Streit Room 106 1 PHIL BATCHELOR Martinez, CA 94553 / Pursuant to the provisions of Section 910, et the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Harlen J. Mossett 1207 Brookside Drive San Pablo, CA! 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES O STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco4 CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. Jdamnes 5. The amount claimed is $1 , 000, 000, plus an amount, presently unknown j but believed to be several million dollars, 4or the repakr a0drdinage. systems to orevent future flooding. The . co� --.^.c�~,-� -----~~r --_^-~----- �-�-_,--- - May 13, 1986 ` ' . ` K. SHI ` _ ney for Claim__- 3013-A | } { CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both reale and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its 'agents, servants and employees as follows: i (a) Contra Costa' County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa, County Flood Control District was negligent or otherwise liable, ! including acts and. omissions which are presently. �-OP!'DAMAGES (a) Damage to real property, including but not limited to diminution in value; loss ofluse, enjoyment and rents; repair expense, additional living; moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment use and repair expense; 3013-A (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County Flood Control District + 7 (d) Expense for debris removal including reasonable compensation for ' time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; , ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages forthe negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on :expenses and damages; and (n): Damages for:. other_in--luries..,.whchx,arre--not.,presently-.known.=.- : . ADZ A • � MEED ' r-!� • A, _--. ... N _D_... - .-- - RLAM Or surryum Q Cam mm Owff-, main wrot the courity, or blitriet CZ 20 Q.AMW 17 , 1986 Iovernsd bry the ward Of Supervisors, oOp! air a Par Routing wwsamwts, and Saardl notice the &+&tion taken oa par b! ter Action. All Section refarenoe81 ars Board of awdsora (Pw%V%O IT. bear) to Calirwnla Government codes Siven pursuant to Govertmmt Code Ssctim 3 -- and 115.4. Plum Dots 011 eiiarniesp+"0 Claimants Harlen J. Mossett Cog* At , Jeanette K. Shipman t0e�y Sterns , Smith, Walker & Grell JUN 0 31986 Addrasa: 280 Utah Street: San Francisco , CA 94103 Hand delivered Amounts $1 , 600, 000. 00+ Sy deli wry to clerk an "May 281986 Date 1wedved: May 28 , 1986 SY Dail, Postsarw an erk o pe sOr's : y Attached is a Copy Of the above-noted 02&12- DRUM June 2- _198_L_ PEI NAT MUM, Clerk, Sy ath owles : y aziaz 7Ds Cleff Cgr U* 30" ir 8400710" (Owk only one) (X) 7Zsis claim oamplies wastantially with Seetlaw 910 ane ILO-2- 7W9 claim fAn.S to oamply substantially with Sections 910 and 940.2, m:d we On so notifying claimant. rbe Hoard owmt act for 15 days (Section 940.9). ( Claim is not timely tiled. Clerk Should return Claim on ONMA that It was MW late and send warning of claimantfa right to apply for Ieave to present a late claim (Section 911.3). ( Others hated: YL BY: poly ty W. VMt Clerk of the Board 70t Cl) Ccmty Cozaa, (2) County Afninistratar • ( Main was returned as untimely with notice to claimant (Section 911.3). I9. M N unanimw Ate of Supervisors Pwwt 4'0. 6Q !Psis cs rn In ruu. ( Others . �Iy that this Is a true iR Correct copy Of the 8oarb'sun to minutes tar this date. Order dated: !'HIL DATL'F MM, Qerks By ° • �P�T Rork tI 1DIC (c+o.. Coda Section 913) S1sDJ"t tO OwUln usosptions, you have only sit (6) months th s the date or thb 10tioe was perbo ally aerwd or deposited in the mail to file a Cart notion on tMs 61012. See Govw meat Code "cc 945.6. You may seek the advice sof an attomMy of Imr ahoior in 0cxtmtica Idth tela utter. It !ou rant to oocsault an att rT*Y, ?vu shoRild do so 1012edistely. T. !!ft Mark od the Soar'd IDs CI) Monty ca=nnel, `2) County A&dnistratar Attached are copies Of the shove claim. We oatifled the Claimant of Un 1loardos Action On this Claim by riling a Copy of this doeuent, and a two thereof Wbeers filed .and andarsed ori the Soard'a Capp of this Claim in a000rdnewe with Sectim 29703. ( ) S Marnisn�agof alaimant•s right to mWy ibr' to p*e —ttoo a 1ste claim w mailed 1ep~s�ty Berk :7 l • CLAIM FOR PERSONAL ; INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF —LJ �0 Lu, 4 0 J Government Code, Section 910, et seq. re: Mossett v. Contra Costa County RECEIVED I TO: Contra Costa County MAY28' 198o Clerk of the Board poo PM 6rMu sr.TCHr�c, 51 Pine Street t[zr:a Rcr.OF 5� PfRVt;�� Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name andpost office address of the claimant is: Harlen J. Mossett 1207 Brookside Drive San Pablo, CA !94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1207 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the` claimant's damages is in the "Itemization of Damages" which is attached hereto. i May 27, 1986 JEANE77E K. SHIP N AttorlTey for Claimant I 3013-A LI CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, ; inclusive, as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from, Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San !Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to. compensate claimant for damages and to take all steps necessary to abate ,the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real: property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; i (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; 1. Y ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters , mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical; and emotional injuries ; ( j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these lo6l ses ; ( 1) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and G (n ) Damages for other injuries which are not presently known. spablo.rpt j I 1 I i I CLAIM FOR PERSONALIINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County + TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 9,4553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claim Harlen J. Mossett RECEIVED Brookside Drive San Pablo, CA 1'94806 MAY 10 1986 2. The address to� which notices are to be sent i Jeanette K. Shipman PMILOATCHELOn LAW OFFICES OF c�EAK ARD UPEAVISo s NTRA TA STERNS, SMITH,! WALKER & GRELL a 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 I J A TTE K. SHIP orney for Claimant 3013-A i CLAIM FOR PERSONALIINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County + THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa 'County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa .County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, imoving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, �use and repair expense; 3013-A (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; CLAIM FOR PERSONAL' INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i ) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. � • A M E NDE D pM Cr W. a=". _C+a.I�lRIA • M._M claim umfwt the eye or fistrlet � to June 17, 1986 tovenwd by the Do" of 9upar-isors, 2be copy s ed to 3s P' lotting aldorsamento s and Board notice of the Notice taken m las' 1r� aw Actiac. All Section refarenoes are 2uar"d of &*W-do" (Par grgh 17, �a�• to California Government codes ' Siwe pu scant to Qovernmant Code Seotiou 93 and 915.x• Please now all vitas wP* ClaimantsJennifer Mossett, a minor Attarmyt Jeanette K. Shipman CO.., Sterns , Smith, Walker & Grell J(�� Address: 280 Utah Street', 0 4,1986 San San Francisco, CA 94103 Hand delivered rote:: $1 , 0 00, 000. 00+ D3► delivery to Clark an Mav 28. 1986 Date D"desdt May 28 , . 1986 By nail, postmarked oo . erk R the Board Or pe sora lot OrmMy courAwa Attached is a copy of the above-noted plata. natedt lJune2 . 9�8=tHII. SIITQiF1AR, QeMt, VY Nth les : -Comty Cminsif TDs Merk (Check only one) 0 =2 claim oamplieo VJWtantially With 2ectioea 910 scd 910.2. ( !leis claim ?AILS to oamply oubstantially With Sectiorss 910 and 910.29 ted las are so notifying claimant. ?be Board cannot act for 15 days GSoctioo 910.5)• ( ) Maim is not timely filed. Clark should return claim on grvu d that it w tiled Sate and send wash of claimant's right to apply for leave to pvssnt a late claim (.Section 911.3). t Others Cased s 1I�t- Dy t c, put y COMEY 1 IN. Mt Clerk of the Dmwd 1Dt (1) Cmmty Cann el, (2) Comty Administrator • ( Chau Was returned as ontisely With notice to claimant (Section 911.9). IT. IABD PRD "t wrtimoLe vote of 9uparvisors print C4 2 iia ca A-La refected is full. ( ) Others arti y that iRs 18 aj true and COMbot copy the 's Ordkor on is a md4w for this date. Dated: 17 1qRR PM WOMM, Clerk, By a • Deputy Clerk VAa4PM (Gov. Code 98c ice 913) suDJect to certain e=oepLiooss Iou have only sin (6) aontla Prow the date of tKa notice w Personany marred or deposited in the wil to file a wort action 0o this atria. Nee Govarrment Code Set UCO "5.6. Tov lay seek the advice of to attavey of your choice to cu ryection with this lattere if you runt to Ommat on attorney, ?au Owed do so immediately. t. nMs Mark of the Board IN Cl) Omety covrael, (2) Coonty Administrator Attaehed are copies of the above claim. We ratified the olaisant of the hoard's action on this claim by Nailing a copy of this doetmeat, Ned a Nemo tMrsof has boen tiled and Gcdarsed an the 9mrd's nappy of tuts Qaim in aoowtawe With Section 29703• ( A warning of claimant's fright to tpply fbr 1.aa to t a late dais w Nailed to claitant0 � �TID:�lUN 1 9 1986 "M RUMM M s Clerk, Dy Deputy Mark CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND E UITABLE IEF i Government Code, Section 910, et re: Mossett v. Contra Costa County RECEIVED + MAYaY 1980 TO: Contra Costa County Soo P A'- Clerk of the Board PHIL DATCHUC' 651 Pine Street `"c" ki,j,u1, Room 106 C, Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code ofIthe State of California, claimant claims damages and equitable relief from Contra Costa County. I 1. The name and post office address of the claimant is: Jennifer Mossett, a minor By and Througha Guardian Ad Litem 1207 Brookside� Drive San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1207 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, ' but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE K. SHIPMAN Attorney for Claimant 3013-C CLAIM FOR' PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustainedlphysical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows: (a ) Said entity breached its duty to maintain, control, repair and remove debris from ,Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual andconstructive notice that San Pablo Creek and Wildcat Creek serve' as a natural runoff and drainage system for water flow created by sea fsonal rains and had previously overflowed their banks ; I (b) Said entity falliled to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; i. (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living , moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and! the loss of and real and personal property in the event of future f looding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; j (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks , and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n) Damages for other injuries which are not presently known. spablo.rpt I • I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County + TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code ofithe State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant Jennifer Mossett, a minor By and Through; a Guardian Ad Litum RECEIVED 1207 Brookside, Drive San Pablo, CA 94806 MAY ltp t9$5 2. The address to which notices are to be sent is: Jeanette K. Shipman PHIL SAT HEloa Mp LAW OFFICES OF \e1Ep AAC s Aeaviso STERNS, SMITH, WALKER & GRELL s 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. i May 13, 1986 . I J TTE. K. SHIPMAN 2rney for Claimant 3013-C CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County + THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real :and personal, on or about February 17 through February 20, 1986,E inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissionsjwhich are presently unknown by the claimant. f ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, ; moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, � use and repair expense; 3013-C (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; • ti CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the 'floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt AMENDED AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY MOM Mg= FL D CON ROL W E CONSERVATI Mass A�1 OD �'. � Dk� r June 17 , 1986 governed by the Board of %Pw viwm o The doff OFULS *WUMOnt MW t0 L 2oee' 11outing Bndorsements I and Board' ootids of um rotian tatan an toys" � by t!r Action. All Sectim rsterenoas ;ars ward ad Awdsors * 17• tslaw)• to California Government Cod" given pxvuwlt to Qovern>aent Mode SWUM 913 and 915.4• Please bots all eilam1w e Clainants Jennifer Mossett , a minor. AttArMys Jeanette K. Shipman Stern, Smith, Walker & Grell Addr'esss 280 Utah Street q� � �q San Francisco , CA 94103 Hand delivered 6 Amounts $1 , 000 , 000 . 00+ SY delivery to Clark an May 8 - 19R Mater Beoeiwed: May 28 , 1936 1 postmarked m . errk ` of VUpeFHWM Ws y Oxnwa Attaabed is a copy of the above-noted alals. Lateds June 2 , 1986 PM UTOOLOR, Mark, 'By 0,/(� : K4641!9 - Comfy counsel M8 Mark Of the of WWII Ix (Check ally one) Zliis claim o®plieo substantially with Sections 910 and 910.2. !bis claim TAMS to oamply rubstarnti ally with Sections 910 and 910.29 send rs ora so notifying claimant. The Board cannot act far 15 days (Section 910.8). ( ) Maim is not timely filed. Clerk should return claim an infold that it avian lilt late and send warnsn� of claimant's right to apply for leave to present a late Claim (Section 911.3). Ogler: Bated: By= -DePAY ty W. 116HS Cierk of the Board 70: Cl) ty Counsal, (2) County Administrator ( Maim w u returned as m ntisely with nottoe to claimant (Section 931.0. IV. BQARD MM uanLimous Ate cc Supervisors present bd !leis olaim"is resected is tun. ( ) others catty y that this Is a true iR oorrvet copyApf the Boardseao is acinutes for this date. Dateds !'HIL SpTOMLOR, Msrk, sy f • 9P47 Merit VAMM (Oov. cafe Seotian 9l3) 94ject to osrtain exceptional Fu have only tis (6) n nths ft,4= the data or tux uotios snow Pwwnelly served or deposited its the til to tyle a cart Lotion an this elms. as Govenmeot CodsS'tion 915.60 You fay Seek the advice of main attamay of your aboioe in oornnmtian with wo .tter. If ?au rarnt to consult an attorwy, you ahonld do so immediately. T. !lloFs: Mark of the Board 'm= a) Washy Oa:sel, (2) 0=ty Administratar Attached We oopias of the above aLts. Ye ratified tine aSaisant at the Soares action an "Is claim by nailing a. copy of this doeweats wd a ammo thrsof Las beer, !ilea and eodarsed m the Boards am of this Cia3m !n ft000rtdanog with Sectiaan 29TO3. ( d warning of a�laisarnt"s right to emy r► lee , to pe�eSsnt a clays w wiled R . WEDS J�91986 PM NATOM ,sank, By b8PAY Clerk • i` CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: , Jennifer Mossett, a minor n By and Through a Guardian Ad Litem 1 �C 1207 Brookside Drive San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is: MAY A986 Jeanette K. Shipman LAW OFFICES OF aeA cN toe STERNS, SMITH, WALKER & GRELL n TeD�FSU�eVtSO 280 Utah Street B •••• San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1207 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. i 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, ibut believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. i i May 27, 1986 , f JEANETTE . SHIPMAN Attorney for Claimant 3013-C CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, . inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from :Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San 'Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and , by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; i. (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real' property, including but not limited to diminution in value ; loss of use, `enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment, use and repair expense ; I (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; .(f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the 'fea'r' for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt I i i . . / ^ | ^ ° ( CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. RIJ Al re: Mossett v. Contra Costa County Flood Control Di + TO: Contra Costa County Flood Control District MAY K 1986 Contre Costa CoAnty Room 106 C Martinez, CA 94553 Pursuant to th provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. | ' 1 . The name and post office address of the claimant is.- Jennifer s:Jennifer Mossett, a minor By and Through a Guardian Ad Litem 1207 Brookside Drive San Pablo, CA 94806 2. Thy address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, . CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not tl kclaimant. �resen y known t o 5 The amount f damages claimed is $1 , 000, 000, plus an amount, yreseptly unknownf but believed to be several million dollars, for ' . the w�s���� of �uabu�e� ` '-�-. dsscV1qttA4,9K the cl Damages�����c�ch is;att - ' May 13, 1986 ' JE .NE TE / torney for _ nt 3013-C -- � i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County Flood Control District , THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both realland personal, on or about February 17 through February 20, 19861, inclusive, as a direct result of the negligence, carelessness and 'recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable,; including acts and omissions which are presently unk byK.cln ` (a) Damage to real property, including but not limited to diminution in value; loss ofiuse, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to pei rsonal property, including but not limited to the loss of enjoymentl, use and repair expense; 3013-C (c) Expense of preventing further damage from future flooding; I M CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County Flood Control District i + i (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers;- (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. I A M END ED CF SUPPY cr d�N MCA cmrn_, . 1986 Clue wrst the cmmty, or birtriat cc to Q.L r June 17 , sovertrd by the Board of wjmu isoe"s, the cop! s ed to 5a 2v�s' Routing t'i,6orsements I and Nam! notice of the notion takmn oo yes' b! the Action. All Section refarenoee ars 90" of suporvisars RPh M balev). to California Ooverrnent Codas Siven pu suant to Government coat asotim 113 and 315.40 PIeast note On 0110421we Claimant: Shirley Mossett CNAW Attormty: Jeanette K. Shipman Sterns , Smith, Walker & Grell J"" 0 31 Address: 280 Utah Street ; 9 6 San Francisco, CA 94103 Hand delivered Anomt: $1 , 600, 000. 00+ By delivery to elrk an May 28 . 1_986 Date 2sos1 ved: May 28 , 1986 31Y mail, FttAa*w an . ark U the Board of Superviows lot y AttacAtd is a copy of the above-noted claim. , Dated: June 2- 1996 HIM DATO MLAM, Clrk, IV 0'n'-*L' Ls�� P&PAY nth tyles : Y = ark (Cheek only one) 1liis claim oamplies substantially With Sections 910 and 1110.2. ( > !ills Clain IAIIS to oamply substantially with Sections 920 and 920.29 and we nye so notifying claimant. The Board oannot act for 15 days (Sectiao 910.8). ( ) Claim is not timely filed. Clerk should return claim as Q"o" that it was tiled late and send vennir►� of claimant's right to apply for leave to prwwnt a late claim (Section 911.3). ( Othar: bated: Sy: -C Cmc Put Y ty ISI. FEW: Clerk of the Owd 701 Cl) City Counsel 9 (2) County Adaiaisb%W ( Main Was returned as mntimly With notice to claimant (Sscticn 611.3). I9. om OTaoR unanimous vote of Supervisors present O4 This claims La re jeetsd is dill. ( ) Other: carni y chi ims is a true and correct COWthe to minutes for s date. Dated: " "M BAT MLOR, Mork,-9y ° • Deputy Clerk *AM= (Gov. Code section 313) Subject to oertain esoepticos, you Lars only six (6) months r as the date d thio echos was pep'sorAUY sarvsd Or deposited to the call to file a court actino an this QW-. as Goverment Code 3i0tion 945.60 You rl seek the advioe of an attacmry of yaw eheios in 0011nsetion with this utter, 1f you want to 006dt an atto=, yyu should do so immediately. T. rind: Clerk of the Boarffd 'RD: (1) 0040 y Counsel, (2) Cwmty Administrator f Attached are copies of the above claim. We notified the olaiaant of the hoard's action an this claim by mailing a copy of this Ooausent, and a mono th~ Lis bsm filed Md endorsed an the Board's copy of this Claim in t000rdenoe vith 3oat1an 29T03. ( ) A warming of e3alow^*'s right to apply ibr Ica to t a late eLin mosnsiiled to claimant. DATEN AUN 1 9 VMS PM VANW m, Clark, � 0�j � Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et swt re: Mossett v. Contra Costa County RECEIVED Contra Costa County N1AY,2S 19$0 Clerk of the Board 651 Pine Street t!DOP M FHII 8ATCHEI O. Room 106 �e:r.a air,C.'r Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Shirley Mossett 1207 Brookside, Drive San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, ' WALKER & GRELL . 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1207 Brookside Drive, San Pablo, . California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of theclaimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE Y. SHIPMAN Attorney for Claimant 3013-B CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Governlment Code , Section 910, et seq. I THE BASIS OF THE CLAIM i Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, i inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from .Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity filed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San `Pablo, and failed to warn of impending flooding ; i (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from suture flooding ; (d ) Expense for debris removal. including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injur� caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters , mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustainedfas a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt J i • 1 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code ofithe State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the clait i Shirley Mossett � 1207 Brookside, Drive San Pablo, CA 94806 RECEIVED�/TED 2. The address to which notices are to be sent is: j Jeanette K. Shipman MAY 1 ko 1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIL BATCHELOR LER OARDMM 280 Utah Street NTRA San Francisco, ' CA 94103 B tv 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the,' agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, 1but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 C r NETTE K. SHIP ttorney for Claimant 3013-B i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained', physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, iinclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior' to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ` ITEMIZATION OF DAMAGES: I (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3013-B (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; f CLAIM FOR PERSONAL (INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant 's spouse or partner due to physical and. emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. I Ii I i i l AME N D E D Or Wrwv vQ dM DOal1 � AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY MEOW FL09D _CONTROL D__W�TE CONSERI �'���t June 17 , 1986 Claim /,sitsst tee Va=y, ar s rn ed to=15 lar govenaed by the Board of 'uparvisars• us, ooyf Uoutint V40rse MA41, and Board notice of the action takes m b! !� Action. All Section referenoes are Board of SVWVIWM VWWrgb IT* Oalar)� to California Goverwwt Codes given p"Umt to GoveiTow bode Basun ILS Shirley Mossett •Dd IM5'4' P10L24 DOU all wilas'ai0�� Qaimantt '' Att m"s Jeanette K. Shipman JUN Stern, Smith, Walker & Grell � 19A6 Address 280 Utah Street I '��' , San Francisco , CA 94103 Hand delivered its $1 , 000 ,000- 00+ By delivery to Olark an _ May 28_ 1986 nate 2eordvsdt May 28 , 1936 By til. Oostmar kod on erk of NFRISOM lot y cwjvpa Attached is a Copy of the above—DOW Claim. Salad: June 2. 1986 FM BAT09=, Cleric, MY . : TwAy Cmwel TD& ark Catr 30" or skownrie" (Check Only ane) 7iis Claim o®plies substantially with Sections 910 Old 410.2. ( 7h1a Claim PAILS to amply substantially with Sections 410 end 410.29 W d We SM so notifying claimant. The Hoard cannot act tar 15 daps (.Section 910.0. Claim is not timely filed. Clerk should return claim on graatd that it w tiled late and sena warm of claimant's right to apply for leave to presant a 3 S claim (Section 411.3). -- bated: A-k-- By: I 7 PAY t1 W. nMt Clerk of the Board SDt Cl) ty 0=941, (2) County Aftinistrator • Clain was returned as untimely with notice to Claimant (Section 911.3). 111. IDAYO COM omni m vote of Supervisors Pveant pCl !leis Claim�lts rejected in full. ( Others sero y ME Ws Is a true iM correct Copy the �s t is minutes for this date. Dated: "M UT MLOR, Clerk, By • 06PAY Clerk _ IUIhT= (Gov. Code Section 113) Subject to Certain eso+ptiaa, you have only six (6) montbs tram the dat• at Mie noose wu personally sarved or deposited In the til to tyle a cart action oe this slain. See Govwwment Code Seoticc 945.6. You may seek the advice of an attorney of potr Choice in 0012Mtioe mitt leis matter. It you want to consult an attorney, you shadd do so immediately. V. ns: Clerk of the scarf SDs (1) Coity Counsel, (2) Casa, Aaainistratoe• tttaelted are Copies Of the above claim. Me notified the alaisant of the Soardts action an this Claim by mailing a Copy of this Ooet=t, end a o thwvof has been tiled and U42 . an the Boardls Coyy of this Claim in a000rdartoe with Seetien M03- ( A Uaraing of clalmant*s Plelt to qpp17 for lea t to alaiaant. o t • late Olaim was mailed , D�ITEN JUN 1 9 1gfl6 !SIL SITOMA, Mork, � � j..� DIpAy Clerk I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County Flood Control District + TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claima is: Shirley Mossett v 1207 Brookside Drive RECEIVED San Pablo, CA 94806 c� 2. The address to which notices are to be sent i I�`iAY -"1986 Jeanette K. Shipman LAW OFFICES OF P111L BAT HELGA STERNS, SMITH, WALKER & GRELL ci a wt°oCID Rwsoes 280 Utah Street e San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1207 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 i JEANETT K. SHIPMAN Attorney for Claimant 3013-B CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage , both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from, Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop , design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of : use , enjoyment and rents ; repair expense , additional living; moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment', use and repair expense ; (c) Expense of preventing further damage from suture flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the. floodwaters ,- mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; 1 (f ) Emotional distress and other personal injuries sustained Vhile escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensationifor loss of time from employment and loss of earning capacity; I (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these fosses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt - - . / ' . . , CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Gove I rnment Code, Section 910, et seq. , A I ALU A re: Mossett v. Coritra Costa County Flood Control D14LIct- RECEIVED + TO: Contra Costa County Flood Control District Contra Costa -County 651 Pine Street PHIL BATCHELOR Room 106 _aRK CQRD OF SUPE ISORS Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Shirley Mossett 1207 Brookside Drive San Pablo, CA 948()6 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damaqes claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage t t future fl oodogg. The ITanran�s�s�`vw����t� �ze�`s��zc� May 13, 1986 At ornev for Claim nt \ � �~ 3013-B ' | | ` ' CLAIM FOR PERSONAL , INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa' County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise- liable,;, including, acts and omissions which are presently. XTEMM-7 01W",OV'DAMAGES`.-°' (a) Damage to real property, including but, not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3013-B (c) Expense of preventing further damage from future flooding; r CLAIM FOR PERSONAL ' INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; y (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) a ffamagesr--fcmn,, m I '�p3zeassitXr. , .�... i . _ . _ _^_ - • AM -ENDE -D — K. - • a Q d�l� OOiSf� Ca0lrli MA?ty �1� !L'!1Clt class Apirrt the qty. er bistmet NMCLP to Tune 17, 1986 govensd by the Board of 3upervi90M* Tbs CCD! msn s oo mad to Zs >aRa por� outing Bn6sements, and Board aotios of the ashen taken an lour � b! tbs Actioc. &11 Section retaranoes ,ars Board of &Wdnn t WVSr h Z7$ lw&%w)P to Califonsia GovenDes,t Codes gtvec Pj Vuant to Qoverrs t Code Seotiao ILS Claimant: Tim Mossett , a minor snd 915.1. fleas Dote all OrarntW%ow Atys Jeanette K, Shipman JU)v 08, 9 Sterns , Smith, Walker & Grell 6 Address 280 Utah Street 4 San Francisco, CA '94103 Hand delivered Aso nts $1 , o 00, coo. o o+ ; By delivery to alar k an may 28 1 9 R 6 Ute Beotiwd: May 28 , 1986 By pail, Petm~ aD . r erk o YupeFgwm 161 ORRY •ttaahsd is a copy of the tbors-noted ohtia. Vateds Ju 2-- 1_98 C, RM RkTOELM, Clark, By 7awthy K 1 s : -County counsil IDS Mark (Check only ane) (�) This claim complies substantially with Sections 910 and 910.2. This Claim FA2IS to Comply substantially With Sections 910 and 910.29 WA M segs so notifying claimant. The Board Cannot act for 15 days (Section 910.8). Claim is not timely filed. Clerk shmad return Claim an VVUnd that it tits tiled late and send ww%l of claimant's right to apply for leave to present a late OWN (.Section 911.31. ( ) Othars tat": DepUtY County III. nMs Clerk of the Board 70: (1) County Counsel, (2) County Administrator f Gala was returrad as untimely With notioe to Claimant (Section 93,1.3). IV. 3D= By tis:animous Vote of Supervisors "Mt d� Tdis Cia&k"-- rejected is full. C Otbrs cert y the s s a true cornet copy the 's en to Id. 1�9 s ditto.BaLad: "M IMTOELM Clerk, By ° . OefAl Reck 1rA�rtn�c (cam.. Coda seoticn 913) Subject to orrta,in szoeptions, Pou bave only six (6) months fhao the data or leis roti oe was Persc e:ally served ar deposited in the sail to file a oaurt wtien on this ataL. mss 6oVar=mt Code .3e,OUCE "5.6. Tau My seek the adrios 'or ar attalasy of Your dhoioe in 0=00 ion ritb this fatter. It Im Want to oonsdt sn attonWy, lou should do so Inodiately. T. nm: Clerk of tee Bva+d ID: CO OPMty Came # (2) Cwmty Administrator Btt &Ad are copies of t w above claim. we ratified the Claimant of the Board's action an this claim by =111rif a Copy Cf this doc6amt, and a memo thereof hay been filed Md endorsed m the Board's cony of this Claim in a*oordanoe With Se tion "703- A to M�of C:�+ma_^*.•s Mart to a4. pply �' lea to t a late &Teem Vas mailed bATID:-311N 1919 !�. 30=0, cterk, Vy Otputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et se re: Mossett v. Contra Costa County RECEIVED TO: Contra Costa County 1 MAY c2i' t98o Clerk of the Board 1-'00 P•M rmu GATOArLO 651 Pine Street c r��T OF SUPER ^-; Room 106 osrnc Martinez, CA 94553 0��,.•„ Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1 . The name and post office address of the claimant is: Tim Mossett, a minor By and Through a Guardian Ad Litem 1207 Brookside Drive San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or 'about February 17, 1986 at 1207 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27-, 1986 j JEANET K. SHIPMA Attorney for Claimant 4013-D CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on . or about February 17 through February 20, 1986, 'inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control , repair and remove debris from �Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, `moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; i (e ) Personal inju�y caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; A ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical ' and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i i { i i CLAIM FOR PERSONAL )INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County I TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant Tim Mossett, a minor By and Through a Guardian Ad Litum 1207 Brookside Drive RECEIVED San Pablo, CA 94806 2. The address to which notices are to be sent is: MAY 11- 1986 Jeanette K. Shipman LAW OFFICES OF CMIl9 TCMELOR STERNS, SMITH, WALKER & GRELL L�&N P UpERVIS S TA 6 . . . . y 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of ,damages claimed is $1,000,000, plus an amount, presently unknown; but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, .1986 J AN TTE K. SHIP MA grney for Claimant 3013-D CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF i Government Code, Section 910, et seq. re: Mossett v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, ; inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: ( a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of ;the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa ;County was negligent or otherwise liable, including acts and omissions, which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of ;use, enjoyment and rents; repair expense, additional living,, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment,1 use and repair expense; 3013-D (c) Expense of preventing further damage from future flooding; (d) Expense . for debris removal including reasonable compensation for time of claimant and volunteer laborers; I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i ) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt i i i i I AME N D E D J / Q MWW CWA COMM, cm AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY _ FLOOD —CONTROL _WAT�1 CONSERVATI uc L CIaim As '. orst�i June 17 1986 love: by the Bore ot 'upervis" 2be OW Or-WS e�aean !�' lloutit� �6ocsements, and board &oboe of the Sation taken m las' 1w taw aci 1 ac. All ducts oa retwnoer W* or�&rd or d a'dsa's i� r. � to California Government Codes ' liven p�a�uegnt to ftvw mt bode seo�tiao 3 wd 615.1. Please oats all sit Claimants Tim Mossett , a minor JA !� AtUwnsy: Jeanette K. Shipman N 91986 Stern, Smith, Walker & Grell *oft 41AMLr. Address: 280 Utah Street San Francisco , CA 94103 Hand delivered A ousts $1 , 000 ,000. 00+ By delivery to clerk m May 28 1986 nate lwdwd: May 28 , 1936 Ily will, postwarlosd o0 . : erk of Brpiwm : COLInty NrNz Attached is a copy of the above-Doth alma. nateds June 2, 1986 !'AIL ShTOMMM, Clerk, J► = y TDs QW11kcwr (Check only one) Ibis claim ocmplias substantially with Sections 910 and 910.2. Ibis claim fAII.S to o®ply substantially with Sections 910 and 910.211 •td go are so notifying claimant. 7he Hoard oannot act for 15 days (Sectiao_910.9). ( ) Claim is not timely tiled. Clerk should return claim an V%ou :d that it w tiled late and send warrurs$ of olalmatitls right to apply for leave to p^esenL • lets 02&12 (Section 811.3). Otbwr: Oath: 2y: t c. putt' tY W. : Clerk of the Board 70: (1) County Counsel, (2) County Administrator • ( I Claim was returned as wtiieely with notioe to claimant (.9eetlm 911.)). V. IDAND OWa sy, unardmmn vote of supervisors pmt 04 Ibis cl&im^is reNcted is lull. ( ) othws oerti ) that this Is a true COrreot COPY Board s m is &mutes for this date. Datb: 17 INS "M ammop By01 A�l • �►P y QOrk VAMM (Gov. Code Section 113) subject two certain e=ptl=aI Im bave Daly six (6) mantra Bram the pato Cr lads tion*& w Personally carved w depaei ted to the mail to rile a court action ca tops alai&. see Govarrssent Code seotioo 945.6. Tau My Seek the advioe of an attorney of Your choioe in aomysetion Wdtb this batter. It You Plant to consult an attotvey, You shmdd do So immediately. 7. IMS Clerk at the Boar,'d 7D: (1) C oty Counsel, (2) Oatfty Administrator sttacjb we apples of the above claim. 11e notified the claimant of the &w dis salon an this claim b9 sellirIg a CO'P'Y of this doow mt, &tad a ammo tbmve ho been tiled Board'& o Old endorsed m the epy of this Claim in 100or1darae with seetim 29703. ( ) A Warning of olaiatant•s PINK to apply fbr to o6laisant. to t • lets olds Was mailed �tlN 19 14Rg PM SITOMA�R i Mark. 07 ' VSPAY Qerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County Flood Control District i + TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Tim Mossett, a minor t By and Through, a Guardian Ad Litem 1207 Brookside Drive San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent i : MAY a-61986 Jeanette K. Shipman LAW OFFICES OF PHIL B TCM OR STERNS, SMITH, WALKER & GRELL &CLI� ARD f PERVISCIRS 280 Utah Street 6 TRA STACQ. . San Francisco, CA 94103 V 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1207 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of ail public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to. claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANt%TE K. SHI AN Attorney for Claimant 3013-D i i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained �physicaland emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, 1 inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris fromlWildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual andiconstructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; ,"( c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; � 1 n ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustained las a result of witnessing injury to claimant 's family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeksland other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt I I | ^ ' ^ ' . � � ^ _ CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF G Code, Section 910, et seq. re: Mossett v. Contra Costa County Flood Control D ' + TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 14553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California; claimant claims damages and equitable relief from Contra Costa County Flood Control District. | 1 . The name and post office address of the claimant is: Tim Mossett, a minor ?y and Through a Guardian Ad Litem 1207 Brookside Drive i San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF OTERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. ' / 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Cont ol District whose names and identities are not presmntly known to claimant. | 5. The amount o0damages claimed is $1 , 000, 000, plus an amount � , presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future ng. The description of the claimant ' s damages Damages" which is attached hereto. May 13' 1986 TE K. GHIP k�t�orney for Cla��ant ^�~ � 3013_D CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County Flood Control District + THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, � repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, .require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3013-D (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mossett v. Contra Costa County Flood Control District + (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the 'floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt i i •� A M E N D E D i i AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY •j _ Clain wfwt C_ umY OLS �_W�4JE CONS ERVATI JI June 1-7,. 1986 ePvi sovwmed by the Board of Supsars t Vw am s ed to is one Routingsorsumants, and soar! MUM or the MUMtskan an lour M' tae Action, All Section refaranore are Doard of Supaardsore �Pai� it►, talar), to Cal i ro"d a Govwnawt cod" I I st"M P"uant to riot code Qeotsad IL3 wd 915.4. Please Cate all 'ear dwo Cla.iaaat�ts Mary M. Nunez � .. Cftft lttoeileys Jeanette K. Shspman Stern, Smith, Walker & Grell JUN D 31986 Address: 280 Utah Street San Francisco, CA 94203 Hand delivered . wants $1, 000 , 000. 00+ by delivery to Clark on - May 28 - 19 8 6 . Dtte woad wds May 28 , 1986 by milt postmarw an . crit ; of Super-wimm 10, Mao Attabbed is a Copy of the above-noted r Claim. Dtteds `June_2 , 1986 HIL RAnOELDR t Qarkt By WOW 30W' V of wi (Check only one) , : eek i } Ibis Claim oamplias substantially with Sections 910 amd IL0.2. ., C } Ibis 02a19 !"AILS to damply substantially with Seatiow lao ant! 110.2, and We acre sw oatifying Claimant. The Board Cannot act for 15 days CS90tion 910.#}. Maim is not timely filed. Clerk shoitd return claim on VOurA that it Mas rUW late and send warning of claimant's right to apply for leave to praaavt a late Claim (.Section 911,3). ( Others Dated: j BY: putt' tY 132. nMt I:Lark of the Daae¢ TO: (1) {:ou ty County t (2) County Administrator r ( Clain was returned as untisely with notioe to C2ay=nt (Section 911.3). IT. IDAID QmFR unanimous vote Ct Supervisore pvaent C� TWO alatm1is rejected ji =0 t Ottars ` oerti y thait this Is a true c MI t Copy tete is an is "Dated, st7 NAP ar this d� SATS, Qark, �y d Ogg • !!PLY Clark VARNI'!IG (Alas. Code Section 963) Subject to oertain S=eptioosI Ice beve only six (0 aanths Dram the data or tug tictioe was pert a y served or deposited is the mail to file a wart notion on the alai:. dee Govertusat Cads diction "5.6. Tou rT seek ttbe advice let ar attorney of d*l atter. If Tau want to oo mat on at ey !�' ce to pion with this • 7ce Chadd do so itaaediately. Y. PNM: Mark od the Board IN Cl) Oo urity C�t«l t (2) CPMty A iAistrator ♦ttat!laed ora actino Co this am soplag aaO fth aabm Claim. We aotitied the Claiaant of the Draardts and 63d~ M the ]laardts Capt' C3&4 'a OPPY CC this t�ancae and �S Mw tbw'ftf ACs been tiled 29703. ( } mod cla mo ntts right to �y !br Ica to t ar:,J Qliis was OITID:_JUN 19 t98C "Ii. Nle t Clark, By ati2ed Yb8PAclerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nunez v. Contralcosta County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra .Costa County Flood Control District. 1 . The name and post office address of the claima t is:r' Mary M. Nunez , Jul) 905 Randy Lane San Pablo, CA 94608 RECE VED 2. The address to which notices are to be sent is Jeanette K. Shipman MAY LAW OFFICES OF STERNS, SMITH, WALKER & GRELL -iIL C ELOR 280 Utah Street �)c I SUPERVI$CAS RA 0...... . .... San Francisco, CA 4103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 905 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known. to; claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, � but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETIfE K. SHIPMAN Attorney for Claimant 3004-A i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1985, J nclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows: i (a) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and iconstructive notice that San Pablo Creek and Wildcat Creek serve, as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity fa;,fled to develop , design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, 'use and repair expense ; (c) Expense of preventing further damage from suture flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; P ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained �as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant 's physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fee's incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i i i 1 i I 1 1 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq.jai re: Nunez v. Contra Costa County Flood Control Di tryl--T7 D TO• . Contra Costa . County�''�i ood--Contro3 .iistr�ct Contra Costa County R3t�o P•n�. 651 Pine StreetPHIL BATCHELOR LERK BO D OF SUPE V ORS Room 106 CO ACOSTA Q g De utv Martinez, CA 94553 Pursuant to the provisions of Section 910,. et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Mary M. Nunez ` 905 Randy Lane San Pablo, CAj94608 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH; WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount ofdamages claimed is $1,000,000, plus an amount, presently unknown! but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 JEA T E K. SHIP Att ey for Claimant 3004-A I ' 1 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nunez v. Contra Costa County Flood Control District THE-BASIS _�3F-':THE 'CiAZM Claimant sustained physical and emotional injuries and property damage, both real ,and personal, on or about February 17 through February 20, 1986;1 inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costalcounty Flood Control District breached its duty to maintain, control,1 repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa !County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra CostaCounty Flood Control District was negligent or otherwise liable, lincluding acts and omissions which are presently unknown by the claimant. i ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nunez v. Contra Costa County Flood Control District j (d) :Expense .for debris removal .1nc1u-ding,1xeasomatav_-compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood .and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; I (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; ' (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt I i Ii 1 G i A M E NDE D -71n 1 a — or au CIP SMOMA BMW= C1als Awnst tee VOWAY. or biatMat B0 Q�IJune 17 , 1986 2oveiby the Board Of 2upar•risal o 2be copy led to to flouting Sridorsements, and Board i notice of the notion taken on 7wi' 17 Via Action. 211 Section refwnoes are toned of awdeors Ow ra* re bdon)e to California Qovernme_nt Codes I given pi"Umt to com-ment Code Section. O3 Mary M. Nunez and 915.4. Please cote all liMMINSPO Claimants CCUAS Jeanette K. Shipman "' tos'�ys Sterns , Smith, Walker & Grell JV Addresss 280 Utah Street; N, 1986 San Francisco , CA 94103 Hand delivered Awaats $1, 600, 000. 00+ By deliVW7 to Clerk on _Maw 28 . 1986 Date 2eosi w0: May 28 , 1986 joy maS1, ooetioafto an erk if the O pe sods lot maty attached is a copy of the above-noted olala. . Oateds _June 2 . 19 8 6 RM BATOELM, Cleric, sy nth w es M. : y s Meekor the I WrRoors (Check only one) (X) Ibis claim oamplies substantially with Sections 910 sand 910.2. ( ) We olalm TAMS to comply substantially with Sections 920 and 910.29 old Pia ars so notifying claimant. The Board oannot act for 15 days (Section 1110.6). ( ) Claim is not timely tiled. Clark should return Claim an Vaasd that it Was Ailed late and send Karainn�� of claimant's riot to apply for leave to present a late claim (Section 9111.3). Others Dated: III. !AQl: Clerk of the Board 70s (1) Cov:ty Course!• (2) Comty Administrator r ( ) Main was returned as untimely with notice to olaiaant (Section 911.3). IT. sOAM that By mous vote of Supervisors P40ant ( Ibis olaiA42 re in !till. ( ) Others oerti y that this Is a true and oorrect copy the Board'sorder en =18 senates for this date. Hated:' 71986 "M sA' ,OR, Cleric, Bir � . ORp�y Mark IU110i M (Gov. Code Section 1113) Sub,)eet to certain esoeptiicsss, fou have only sin (6) m nths fkm the data or !bit notice was pes'aoraliy served or deposited in the tail to file a 000nt action cc two alata. ON Goverrsment Code Section 945.6. sou aaT seek the advice'of on atta may of add ioe in owvwc ton ritb this sacu ttar. If ! rant to oonmat an attorney, you do so tamsdlately. V. /h1Ms Clerk of tee Board m: a) Coonty Covensel, (2) County Administrator Attadhed ars copies of the abase claim. We aetined the claimant of the Dow-doll action an this Claim by =1114 a copy of this d=Mwt, &nd a MOOD thereof has bM tiled cad ec darned on the Board f a copy of this Claim in a0wr4w= with Section 29703. ( ) A wwrdriengg cc alaimant•s right to wy for leava to t a late chis Mae wiled to DATED: JUN 1 9 1986 PM 31TChOmm s mark, sy u Osputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. �glAj re: Nunez v. Contra Costa County RECEIVED TO: Contra Costa County [A AY a8' 1986 Clerk of the Board ('•06 P.M 651 Pine Street PHIL BATCHROR IERK CO RD 4 OF SU ISORS COST Room 106 a .. . . .. ,--Deputy Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Mary M. Nunez 905 Randy Lane San Pablo, CA 94608 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 905 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of 'damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE . SHIPMAN Attorney for Claimant i 3004-A i { CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained 1physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, 1inclusive , as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain , control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents ; repair expense , additional living, 'moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; ` ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for ° these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i i I I i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nunez v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claima t is: ;� Mary M. Nunez 905 Randy Lane .San Pablo, CA 94608 RECEIVED 2. The address to which notices are to be sent is MAY �(,1`1986 Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL oEp a"AR T SUPSTACEAvi RS NTR O 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of ,damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is ;attached hereto. i May 13, 1986 --- - - ---- --- - -------- J N TE K. SHIPMAN A ney for Claiman 3004-A r- � CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nunez v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986,' inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa 'County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of 'the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa ;County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living; moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment use and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nunez v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt D Cr a Can� MA WMM M �crroK Claim pair st the Mounty. er b1SWiet CZ !0 Q a'Y*r June 17 , 1986 love: by the Dowd of oupereisorm a The copy s 60mamr, soiled toto "w pouting Dow semer:tse and Board antics of the motion taken Oen loon' � b! tba Action. All Section refarenoee are Board of Suyea-dson (Par'ainaph I7. bslOw)9 to wifornia Government Godes gtven pa'sumtit to Goverment Coft Scotian 143 Claimants Hughleen Paige , and 915.t. !lease note all eliarsiop�"COUw cofw Attammys Jeanette K. Shipman JUN t9�S Sterns , Smith, Walker & Grell Address& 280 Utah Street: .("� i San Francisco, CA 94103 Hand delivered `runts $1 , 600, 000. 00+ RY deli wry to clerk On May y 2 8,_ 19 8 6 Date psoeiwds May 28 , 1986 By mails post marw m ark if the of SaWRIOq- 161 y ciao Attached is a copy of the above-noted plain. Dated& June 1986_ RM RkTOMM. Cleric, NY Cathy tyles . VW1 COLMEY Gotma TD& er sows (Check only one) I Sltis claim aomplies substantially with Sections 910 and I10.2. I ?lits claim TAILS to oamply vubstanti ally with Sections 910 end 910.29 and ra are so notifying claimant. The Board oannot act tar 15 says (Section 910.0). Claim is not timely tiled. Clerk should return claim an gourd flat it eras tiled late and send ~rami of claimant's right to apply for leave to`present a late Blabs (Section 911.3). I Others bet:eds Bye u CSL lac.Gl polyNME ty 1 III. nOMt Clerk of the Board 70& (1) Comity emrAwl s (2) County Administrator r I Main w returned as Mtisely with notice to Claimant (Section 9 1.3). I9. Mw QtDaD��t,, UuTdootim vote of Suparvisors present ?leis olais�Ys re�eeted in lull. ( I Others oerti y thif this is • true ia oarrect copy the DoardIs eo Is minutes oar Nis ate. natal& 1 19ht1 ftn MTOIAR Cl _ ark. By . Depyty ci rk VARr M (Gov. Cods section 993) aubjsot to oertain exoepticosg you bay* only six (6) months flus the date or this trotioe was Personally served or deposited in the ■ail to tale a court aoticn an this alma. ase Geveszment Code Seotico 945.6. Tau lay seek the advi ee.et an att -my ei' Imr 0hei oe in emect ion with tads ratter. It lou rant to 00nsult an attorney, yvu shcould do so i®ediately. t. nm, Clerk of the Board Is (l) Owwty ftmoel. (2) Casty Aftinistrator Attached are copies of the above claim. We notified the Olaiaant of the Board,& action On this claim by Balling a oopy of this "Mmts Wd a ago thereof has Oman tiled And endorsed cin the Board'• copy of this Claim in t000rdaaoe with asetim 29703- C I A warning CC clatsant's rigbt to apply for lea to present a late olaia wr, tailed to alaiatat. bITID:_ JUN 1 9 INS VEL WOMMa Gierke Oeputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, , inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from �Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San 'Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due- to ueto the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to reall property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; i (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; i J ( f )' Emotional distress and other personal injuries sustained- while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and .equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks , and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Paige v. Contra Costa County + I TO: Contra Costa County Clerk of the Board .651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claim tiJSv Hughleen Paige 1239 Brookside Drive RECEIVED San Pablo, CA 94806 2. The address to which notices are to be sent 's: MAY1 �1986 Jeanette K. Shipman LAW OFFICES OF PHIL BAT N LOA CLE ARC 0 PERVISO STERNS, SMITH WALKER & GRELL NTA C 7ACcQ• 280 Utah Street "" " •.. San Francisco CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" .which is attached hereto. May 13, 1986 JE E TE K. SHIPMAN At ney for Claimant 3025-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF I Government Code, Section 910, et seq. re: Paige v. Contra Costa County l ITHE BASIS OF THE CLAIM -Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c). -Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason oflthe foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County- was..negligent or. otherwise liable, -including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment use and repair expense; (c) ...Expense -of preventing.further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; 1 A , CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Paige v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent .c.ontamination,- mold and decomposition during the flood and . escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the I floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time fromemploymentand loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable .relief for these losses;-and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt. AMENDED Cr cr cow MCA ww—ff ow AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY � _ C1aim D CON OL� >al WT�E CONSERVATIIM a 1986 govwmed by the Board of Supaz-visors, Mw a" s umment wiled to 'is 7w Routing adocsements and Board wtios of the actiats taken On yon, bssor� to ren Action. All Section retaoes are . Board of aw`dS�otiata �3 U California Cooarrment Codes I ii"M P:'m to wd 91.5.4. please note all • Claiaa:sts Hughleen Paige Attorneys Jeanette K. Shipman cmmY Qww Stern, Smith, Walker & Grell Addraws 280 Utah Street 131986 San Francisco , CA 94103 Hand delivered isomts $1, 000 , 000. 00+ ft delivery to clerk 00 _rMay 2 date Beoeiwds May 28 , 1986 By sail petww'w an ark R the Board Of pe sora 158 CaEry caiga Attacbsd is a copy of the above-noted clals. ntteds June 2, 1986 PKIL RkTOMUM, Clerk, By M. VIM: -County s Mark (Chuck only cne) (�) Skis claim oamplieo substantially with Sections 910 and 910.2. ) This claim TAILS to oamply subatantlally with Sections qi0 ane 910.2p and We &M so notifying claimant. The Board avant act for 15 days (Seaticn OLDA). ( ) Maim is not timely filed. Clerk should return claim an Braasd that it w filed late and send warmof claimant's right to apply for leave to pvtont a late claim (Section 911.3). Otbars i i Dateds - , 1 By: A1tY C64ity 3II. peal: Clerk of the Board Sps Cl) Comity Counsel, (2) County Administrator f ( ) Claim was returned is Imiisely with notice to claimant (Section I1.3). wMwI IT. 30M am unanimaa vote of Supervisors present 4a l�1 kits oiaim�ts rejjecteQ is tall. ( ) Other: i I oarti y that this Is a' true moment copy the 'a eo t„s ateutas for this date. Dated: N 1 17 jqAg PHM lNTt mm t Clerk, Sty P • VerAy Cleric WAMtnIG (Oov. Coda Secrtion 113) Subject to owUln esoeptions, you have Deily si: (6) aonthe fh a the daft d tdis notioe was pm'sonally carved or deposited in the axil to file a cart notice an this alms. Bse Cow meat Code S Johan 915.6° You nal aetk the ad'vioe of an attarmy of yar ctnios in cers,ecticn with pais Lott-or. if you dant to oonsul;'t ar, att MWy, 7VU should do so iseaediately. V. nM: Clerk cf the Board S0: (1) Canty 0am0e11, (2) Cowty Adainistrator Attached are capias of I aem action an this claim aaili ' a �'�• Ye mtititd the olaisant of the Board's 0Y ng COPY of this doc�mmt, aesd a asmo tha*sot Acs hW tiled rsd endwved m the Boardto oo'- of this Claim in with asctim 29703• ( ) to rnirM of claisaent'a'ri0t to ap'D1y rw lea to t a late &Ulm =3 nailed AITID: JUN 19 iggs 9ffiI. KTOMAP S Qerk8 Otpttty Clerk a I 4. CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Paige v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code ofIthe State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Hughleen Paige r 1239 Brookside Drive ,� San Pablo, CA 94806 RECEIVED 2. The address tolwhich notices are to be sent is: Jeanette K: Shipman LAW OFFICES OF; STERNS, SMITH, WALKER & GRELL PHIL BA EIOR 280 Utah Street y CLE N sTPERvi San Francisco, CA 94103 e ......' b 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1239 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to; claimant. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of thelclaimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE K. SHIPMAN Attorney for Claimant i X025-A I a i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both realand personal , on or about February 17 through February 20, 1986, I inclusive, as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from ,Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; i (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San ,Pablo, and failed to warn of impending flooding ; ( c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d ) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; I (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; a (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and 'the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotion al injuries ; (h) Damages for the, negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; i (k ) Attorneys ' feesi incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt I i I I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. rt-ArU - 6 re: Paige v. Contra Costa County Flood Control DisMECEIVED + TO: Contra Costa County Flood Control District 11 Ay it, 1986 Contra Costa County 3.190 p,M. 651 Pine Street PHIL BATCHELOR Room 106 IERK BO D OF SUPERYI RS Martinez, CA 94553 CO COSTA e �f� Pursuant to the provisions of Section 910, et seq. of the Government Code ofl the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Hughleen Paige 1239 Brookside Drive San Pablo, CA '94806 2. The address to. which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are -not presently known to claimant. 5. The amount of 'damages claimed is $1,000,000, plus an amount, presently unknown,, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 EA ETTEK. SHIP N orney for Claimant 3025-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Paige v. Contra Costa County Flood Control District + i THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986,1 inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costal,County Flood Control District breached its duty to maintain, control,) repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo; and failed to warn of impending flooding; (c) Contra Costa ,County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; (c) Expense of preventing further damage from future flooding; , - _ ...._ - • __ � ... . .... _ - biz AMENDED AM Q or cam mm OCJORTi Qais A�tiert the Gountyg or biatriet CZ !0 Q.LItI�! June 17 , 1986 tovam►d by the 90024d of 94POT viroras 2tw "" ftw-ed—somment�mixed tois z clouting Bhdw" nts, VA Boardi eotioa of tae action taken on lots' � by Action. All Section r4*ferMoes1 err board of Supervisors (parap^apb rs tea). to California_Government Godes 9twon Purfuant to Government IL3 Classsnts Angelica Solar ,! a minor. and 915.b. dense now all ' 116" Utarvs : Jeanette K. Shipman p Sterns , Smith, Walker & Grell Addrress 280 Utah Street; San Francisco , CA 94103 Hand delivered Amaat s $1, 0 00, 000. 00+ i By deli vw7 to clerk an _May 2 8. 19 8 6 Date Beordved: May 28 , 198 6 By suit s Poslaarw an erk ir the §50d o pe sons lot county Nam AttaeAed is a copy of the above-noted claim. , Dated: June 2 . 19 8 6 FM RTM"q Clerk I IV ath wles = County : er sous (Check only one) Phis claim oamplies substantially with Sections 910 and 140.2. ( This claim FA= to comply substantially with Ssetiom 910 and 910.2, WA rs eV so ratifying claimant. The Hoard carmt act for 15 days (Section IM0.0). ( ) Calm is not timely filed. Clerk should return claim 0A V%MrA that it ties tiled late and send warnin� of claimant,& rift to apply for leave to present a late claim (Section 911..3). ( � Glares ratted: _ 9y: POLY ty III. nM: Qerk of the Board 701 (1) Comty COZM1 s (2) County Administrator r ( ) Main was returned as untimely with notioe to claimant G9eetion X1.3). IT. IWD. unanimous vote of 3upervison pmt Pq This of is rr jeoted is frill. O Otbe's oerti y ME leis is a true and correct copy tte ' eniny admaes for this date. Hated:JUL1 7 VAR "M UTC MM Clerk, By o • lapyty Cork VARr M (Gov. Code Section 913) BUbjeet to oertein esoepticneg lou have may siz (6) eontts firm the Sat• of this bonne w persoenallY served or deposited in the sail to file a court action ao thie claim. ase Government Code 3e+tion "5.6. Tau My seek the advice of an attorney or lore .abol0r is oce-S tton altb this anter. If lou rant to consult an attorn 9 you ah dd do so ismediately. •. tflQl: Clerk of taeBoard IDS (1) Oo1rty CarAel s (2) Oamty Administrator Attached are copies of the above claim. We notified the Claimant of the Board's action on this claim by tailing a CM of this dDaument, and a Mw ttwa~of bra been filed Md endorsed m the Beard's GICOY of this Claim in with SsetiOn 29703. ( A Warming cd 0221 ant's Plabt to WY lbs lea to 77t a tate claim rias mailed to claimant. DATED: JUN 19 1986 !tial, 31lTOPUN s Corks Dy DIPAy Merk 7 CLAIM FOR PERSONAL I INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et se re: Solar v. Contra Costa county+ TRECEIVED TO: Contra Costa County ►'�� a� 1986 Clerk of the Board oo P M. I BAT 651 Pine Street IERK B Hyl D OF St JPOR JSOtS (I Room 106 a co cosy e J Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of. the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Angelica Solar, a minor By and Through a Guardian Ad Litem 2200 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2200 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names' and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTEUX. SHIPMAN Attorney for Claimant 3009-D CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, 1 inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and1constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property ; (e) Said entity was negligent or otherwise liable, including acts and omissions which, are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real; property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; i (b) Damage to personal property, including but not limited to the loss of enjoyment, Iuse and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained while escaping from the flloodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotionnal injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained las a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt 1 I . CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code; Section 910, et seq. re: Solar v. Contra Costa County I + TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 14553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the clai 1. Angelica Solar, a minor By and Through a Guardian Ad Litum 2200 Giant Road LRE, EIVED San Pablo, CA 94806 2. The address to which notices are to be sent AY��v 1986 Jeanette K. Shipman �HiLaAT EIOR LAW OFFICES OF cL OARDOF UPE0 NTRA STA O. STERNS, SMITH,1 WALKER & GRELL :u /". 280 Utah Street San Francisco CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. I 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown,,,, but,,.,believed._.to,_.be_. several. millions; dollars,. for. tem Frerir o :pt~$ �y1 x May 13, 1986 J N TTE K. SHI MA A rney for Claimant 3009-D CLAIM FOR PERSONALiINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice .that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. O } s on. in value loss_ar--Uue', enJoymuzzt-arT&-'r-ents:- repafr-expense additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3009-D (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; Bob I CLAIM FOR PERSONALIINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt A M E. N D E D Q dM w3i1 Qwli, AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY EM im FLoo��D -�CONTTROL AND 4WJE CONSERVATI June 17 , 1986 Clain Dietl tae gamy, er Ds� ����r milleddocusent !�o is �' governed by the Board of 9up0rv&AF%M �s oop7 pouting �docsemento$ and Board I Not as of tae vialaqw-" tafoaD Oa P' til Ww Action. X11 section referenoes are board of 'uDar`tisoe's �Pa � ITS tea)* to Califamis 0overnment Codas I given prowl to Goveeimmt Gods SWUM !13 Claitant: Angelica Solar, a minor, end 415.4. Please Cote all • •ttaes:ry: Jeanette K. Shipman Stern, Smith, Walker & Grell JUN Address: 2 8 0 Utah Street I l�Fs San Francisco CA 94103 Hand delivered PA Amount: $1 , 000 , 000. 00+ I 16► delivery to Olark an may 28 , 11986 - Ute 100111 wd: May 28 , 1936 j By Mil• 0wt'~ an . ark Ef W Board i of Yupe sots 20, y Attacbed is a Copy of the 4 ovvs-mated Claim. bated! June 2,- 1986 PAIL BiTtlffi0 8 Clerks BY (kathy es : County camid Tog er -he Board of akoerviews (Check only am) (X) We claim o®plies substantially with Sections 410 end 410.2. ( Anis Claim TAIIS to oamply substantially with Sections 410 and 9!0.29 ansa rs srs so notifying claimant. The Board cannot act for 15 days (Section 410.8). ( ) Claim is not timely filed. Clerk shmdd return claim an gmxrsd that it was filo late and send warning of claimant's right to apply for leave to present a late slain (Section 911.3). i ( ) Other: I Gated: - 7777 717,77 1 By: ( C puty ty III. M: Qerk of the Board TO: (l) County Counigel 9 (2) Canty lftinistrator ( dais was retw ed as untimely with notioe to Claimant (Seatioo 9U.,S). r IT. DimQ1'dacD��t unanimous vote of 9upearvisors givea t b<f !Ria ciaim�& re In, !'111.1. t � oCb11r: 1 I o11rti y ttat this Is a true la oorreet Copythe BoardIsorder-actow siinutes for this date. naLOd: PHIL. BATtMNNNEXLM� .OR, Clerk, By E—�L- • bePy Clerk f1AWM (Gov. coat Ssation 4i3) Sub300t to owUln esoeptioos# you Aavq only sis (6) months thn the ditto or We uatioe was personally carved or deposited In the nail to file a Cart aotiao 0o tits claim. Set Coverement Code 3110tiao 415.6. Tou gay seek the *Mas of wattoroay of yotr &DIGS In oornscti0n Idtb this ■atter. If you watt to oonsullt on attorneye you shasld do so iaesdiately. •. PMli: Clerk of the board ID: (1) Oas:ty W=01, (2) County Administrator •tt&dW are Capias of the above action on this claim ' n8 milli ' aopy claim. We ntitified the claimant of the DoarO�s � Cof this dooment g and a snap thereof leas been filed and 111052 sed On the Bow-d9a ocl�yy of this Claim in with 9dctim :9'103. ( ) A ULMIng of claimant•s,right to way r. � to t • late Clans w hailed DATMs Jto Q�`�'M6 nn, mmaLm. Clerks S bsPuty Clerk ) r T. CLAIM FOR PERSONAL 'INJURIES, 'PROPERTY DAMAGE AND EQUITABLE "RELIEF Government Code, Section 910, et seq. re: Solar v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 914553 I Pursuant to the provisions of Section 910, et seq. of the Government Code ofi the State of California, claimant claims damages and equitable reliief from Contra Costa County Flood Control District. 1 . The name and post office address of the claiman is: Angelica Solar, a minor By and Through a Guardian Ad Litem 2200 Giant Road RECEIVED San Pablo, CA 1194806 2. The address to which notices are to be sent is: MAY 751oa�; Jeanette K. Shipman LAW OFFICES OF �MLNI P"" ELOR ARD TF�U ERVIS SS` STERNS, SMITH,' WALKER & GRELL RA ST o.. 280 Utah Street San Francisco,) CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2200 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of (damages claimed is $1, 000,000, plus an amount, presently unknown,) but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the{ claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETT . SHIVMXN0 Attorne or Claima 3009-D t CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF- Government Code, Section 910, et seq. l THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, 1 inclusive, as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain , control , repair and remove debris from IWildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and I constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property ; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment ; use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; i a (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and1the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotioial injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant 's family; ( i ) Expense for medical services incurred in the treatment of claimant 's physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k ) Attorneys' fees incurred in recovering damages and equitable relief for these loises ; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n) Damages for other injuries which are not presently known . spablo.rpt , / , ~ / CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Gove0ment Code, Section 910, et seg. � re: Solar v. Con&A Costa County Flood ol Dis TO: Contra Costa ict MAY IN 1986 Contra Costa County 651 Pine Street PHIL BATCHELOR Room 106 M OF SUfERVISORVS (1111 A Pursuant t visions of Section 910, et seq. of the Government C he State of California, claimant claims damages and equitable l ei from Contra Costa County Flood Control District. 1 . The name and Post office address of the claimant is: Angelica Solalk a minor, By and Throuqh a Guardian Ad Litem 2200 Giant ROW San Pablo, CA 94806 | 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES F STERNS, SMITH, WALKER & GRELL 280 Utah Street San Franciscb, CA 94103 3. The circumstinces which give rise to this claim occurred on February 17, 986 and are described in "The Basis of the Claim" which is attached hereto. 4 Th f iall public employees causing the injuries, damages d losses are the agents, servants and employees of Contra Costa County Flood Con ral District whose names and identities are not presently known to claimant. ' 5. The amount a damaoes claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of ddainaqe systems to prevent future flooding. The description of the claimant ' s damages is in the " Itemization of Damages" which is attached hereto. May 13, 1986 �� ------ - ~___--__^- WANE TE K. SHIPM ey for Clai .nt 30(`9-D CLAIM FOR PERSONAL :INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra) Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real land personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its igents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control,) repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; i (b) Contra Costa ,ICounty Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa lCounty Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3009-D (c) Expense of preventing further damage from future flooding; i J n CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1 ) Interest on eIxpenses and damages; and (m) Damages for Ither injuries which are not presently known. spabclm.rpt War AMENDED p o� aCam coca amm, • RMAM aAD= June 17 , 1986 dL6ai ' claim r�st w ftoty, or bletriet V. Aop7PUj7.7&Ne7n ed to is Yaw SOVw ed by the Board of 9upernisars, ItOA101 Btdwsements, and Board Police of lbs totian taken 0o Pte' Oalarj, !be Actioo. All Section rea" am Board of 9upwdsors Owwrao r, to California Oov t Codes alvan pint to fovea wt Code Beauca S3 and its.%• Please hots au Claluant: Christina Solar, a minorl jttoets7 s Jeanette K. Shipman `SUN Sterns, Smith, Walker & Grell 44 Less= 280 Utah Street R6 . San Francisco , CA 94103 Hand delivered Asset: $1, 600, 000. 00+ By 6eli'wi7 to Olerk an May 2 8_ 1 9 8 6 Ute Beod"d: May 28 , 1986 By tail, posturiosd on _ FW.- erk of the o pe sans : 7 'attacbed is a copy of thelaDovs-noted alait. I Dated: =June 2-- 19 8 6 _"M a ATMM, C14rk, 89 a th K l e s : etk-W the B=rd or SUPWTU" (Chftk way one) � ( � TWo claim oomplies subotantially with Sections 910 wd 910.2. ( TWs claim fA= to oamplly substantially with Sections 910 end 110.29 end NO trs so notifying claimant. 1lbe Board oannot act for 15 days (.Ssctieo 110.6). ( Maim is not timely filed. Clerk shcndd return claim on gmcd that it was filed late and send ~warning of claimant's riot to apply for leave to present a late claim (Section 112.3). t Other: i I _ Plated: �_ By: Duty ty W. PMs Clerk of the Board 70: (1) Oodnty Cwxml, (2) Comty tdmiatstmter r ( Cams was returned as untimely with notice to claimant (,Section 93.1.3). I IT. Mwt'ltdDt unimouis vote of 91pervim" p VHwt 2W& olaimAIS rejected it fV .l. t � OLl�er: t ber-ury-that this Is it true iR cormot OopqI� the Board's en is ul for this date. JUF-1 Bated: 7 : .9 hilt MMM, Qerk, ft L9 Iwo oe;xt7 Ctsrk 1111ww (Gov. OD& section 913) bubject to certain esoeptiom, You Lave calf six (6) mouths rrm the &te of leis Wtioe res parsrx:ally served or deposited In the tail to file a cart action to that elate. an Govwmr w nt Code 9eouce 915.6. You Pay seek the advioe lGf an attarory of Imr d oioe in oces7e Ion Vdth this latter. if You rant to consult an atto=, yvu should do so imsediately. T. Ims Clark of the eorrd 2G: CL) Chanty (2) County idainistrator i 9ttadW are copies of toe he above claim. We notified the olaisant of the soard•a action an this claim by tailing a copy of this dant, and a Mw thereof Las Orem filed da and enrasd an oar the Bd's 07 of this Claim in with 300tim 29703• ( ) 9 warning of d�.is; riga to ably �. lea to t • Isle slain w Palled �►TIDsL J Alablan1986 }IDL RtT= a Cleric o _... .. . , 87 Beh:ty Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RE IEF I Goverinment Code, Section 910, et seq. re: Solar v. Contra Costa County RECEIVED 1986 TO: Contra Costa County �,d PP M. Clerk of the Board PHIL BATCHELOR LERK ARD Of 5 !sons 651 Pine Street TRA cos o. Room 106 e . D_putt Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Christina Sola'r, . a minor By and Through a Guardian Ad Litem 2200 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2200 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names ofall public employees causing the injuries, damages and losses are theI agents, servants and employees of Contra Costa County whose names'and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of they claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE K. HIPMAN Attorney for Claimant 3009-C i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve Ias a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; f. (b) Said entity failed to develop, design, require or demand an adequate design andiconstruction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity wal negligent or otherwise liable, including acts and omissions whichlare presently unknown by the claimant . ITEMIZATION OF DAMAGES: I (a ) Damage to reallproperty, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and! the loss of and real and personal property in the event of future flooding ; (g ) Loss of consoritium of claimant 's spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relilf requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt J , r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 i Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claiJ I k LINk -IQ Christina Solar, a minor By and Through a Guardian Ad Litum RECEIVED 2200 Giant Road San Pablo, CA' 94806 MAY X61986 2. The address to which notices are to be sent is: Jeanette K. Shipman1111AyF0tJA ELOR LAW OFFICES OF ON L Nta°nPEAV1s STERNS, SMITH„ WALKER & GRELL B .. . �'. v 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose name's and identities are not presently known. to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently.-unknown, but-.be3 eved to be;several=:. uE 11 an_ dollars-,;_. for. t ,..:z+�gazFaf a; � : - t :s 'r�*, >w>fafiag.,;�`Ii+e , 9 I 1TamageW9,w ifcP May 13, 1986 J TTE K. SHIPMAN A orney for Claimant 3009-C I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code., Section 910, et seq. re: Solar v. Contra Costa County + THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for wateriflow created by seasonal rains and had previously overflowed theiribanks; i (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the ',City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. Via) Dam@; lttel rr in value; loss of use; . , On Lo V I °aru€ additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3009-C (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code; Section 910, et seq. re: Solar v. Cont la Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of futureflooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; I (h) Expense forImedical services incurred in the treatment of claimant's physicIal and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for thesellosses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt i A M E N D E D vn em aLqw Cr con mu- wmm-1 dim—� AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY _ Clain FLJgDCON OLL 1W�TdE CONSERVATI T t t June 17 , 1986 goveraad by tt-e Board of jupp-*isors. me cap! a —"( M14d to is 'lose' Routing p�dot"semrnts and Board wtioe of the aetian tak n an for b� an Aetiao. All Section refWaftoet ares aoard of �upa�r-ria" o M bale►), to Califor%la Goverment Codes given Ps" Wwt to Govermwt Code Seotiao 913 Md 915.4. Hetes snots all • Claiowtt Christina Solar, a minor At t Shipman JU toe�sy Jeanette K. P� N p Stern, Smith, Walker & Grellj 196 Addrasst 280 Utah Street I San Francisco, CA 94103 Hand delivered A otttt t $1, 000 ,000. 00+ !Sr deli wry to clerk w ..May 28 1986 pate Beoei vedt May 28 , 1986 �l pail t an • . ark Ff the Board of SupeRltors 153 MWy Attached is a copy of U4 above-noted elms. , patsdt June 2 , 1986 RM RATIOMDR t M Act S9 'o mpty : Mork or the DMN cc DAVWTIMM (Cheek only cyan) 7his claim o®plias substlantially with 9ect1cW 910 end OLD-2- ( This claim FASTS to o®ply substantially with Sections 910 and 9110.29 Wd We on so notifying claimant. Ibe Board owriot act for 15 days (Section MAL +� Claim is not timely filed. Clerk should return claim an Vvund that it was tiled late and send warning oflelaimant's richt to apply for leave to pr*xent a late claim (Section 911.3). t � Othrs"t I I . bated: t IA- - I -9 :7 PE Y ty MNNi III. vv&t Clerk of the Board 70: Cl) County Coesselt (2) County AWnistrater r ( Main was returned as mt1mely with ootioe to claimant (Section 911.3). Iv. MW D'RmvI�nimous vote of 9upervis m presaot This cd ct rejeed In 11�21. ( ) Others I Ourtify-that this to a true correct Copy lis admit" for Vds dkte. I noted: UN 171 lnm, intim R, Clerk, ay► ° . y dark 96 vkwm (Oov. Crede Section 513) anbject to oartain esoeptiacat Im Dave ally ais (6) months Dram the date Cr this wtioe was personally served or deposited to the Wil to We a court actiaa ani this a2ais. ass Govw=wt Code swum 915.6. Tour y seek the advice �ar an attmoy of lar choice in corutsetiaa Lith this latter. It you want to consult an attorneYt yvu should do so Inodiately. V. FMt Mork of the Board gat (1) CwMty CWJVWl t (2) Cmty Aiisistratar Attaettad are espies of the above claim. Ale notified the nlaiamrit CC the aetion cm this claim by nailing sen s and e�darsed m the hoard's aoPY of this doaebeat, and • mo thereof !" been filed spy of this Clain In with Section "703. ( A rarning cd alaiaant•s�richt to apply ibr lea to t to 03aiaant. • Tats �� tailed b 7ZD:—J N 19 1986 !'HIT, KITOM ,R t Mwkt �?j 90PAY Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of! the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Christina Solar, a minor By and Through) a Guardian Ad Litem 2200 Giant Road San Pablo, CA 94806 2. The address to� which notices are to be sent is: RECEIVED Jeanette K. Shipman h9 AY 1?6 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street �LMRDvMftIL ►+E�oR RO ERVISOR San Francisco, CA 94103AC Ac - 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2200 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. i 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of theiclaimant' s damages is in the "Itemization of Damages" which is Iattached hereto. May 27, 1986 JEANETR K. SHIPMA Attorney for Claimant 3009-C i I _ CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, I inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and I constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; i (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . 1 ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited. to the loss of enjoyment, luse and repair expense ; (c) Expense of preventing further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injuLy caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; i ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for th(e negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant 's family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i , | ^` . ! . . . | CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Gover ode, Section 910, et seq RECEIVED re: Solay v. Contra ta County Flood Control Dist F MAY IL 1986+ TO: Contra Costay Flood Control District kaffnPn- Contra Costa yPHIL BATCHELOR OF SU E ISORS 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government he State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and Post office address of the claimant is: Christina Sola a minor By and Throuph| a Guardian Ad Litem | 2200 Giant Road San Pablo, CA 14806 � 2. The address to1which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF! STERNS, SMITH WALKER & GRELL 280 Utah Street San Francisco, pCA 94103 3 The circumstanh give rise to this claim occurred on February 17 19P6 and are described in "The Basis of the Claim" which is attached ihereto. 4 The names of 11 Public employees causing the injuries, damages d losses are tiagents, servants and employees of Contra Costa County Flood Control ict whose names and identities are not presently known to claimant. 5. The amount oT damacIes claimed is $1 , 000, 000, plus an amount, presently unknowiWALT believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant 's damages is in the " Itemization of ' Damages" which is attached hereto. May 13, 1986 K. _SHI anel _t ` 3009_C , CLAIM FOR PERSONALIINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 191 inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living,) moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3009-C (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL (INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the Jfloodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flIcoding; (g) Damages for the negligent or other infliction of emotional distress sustained) as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant' s physicall and emotional injuries; (i) Compensation ifor loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent- future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt ; A. M._E..N. D E. D - dims Cr A -a mm AM CaRi10 June 17 , 1986 loves ad b7 t the God of or biitriet s ed to las w tovarMed � the B�'d of Superviace�r, !!r copy alai, iloutiut �6oc'eements• anQ m notice of the NOW taken own !vim' Action. All Ssetioa refar�nose era �� � ��'�'�� ��� �� ���� tote Cal i f rni a Oovarrent Codes ii vaa P='susut to tiov"rrre�nt Codi S"oRiad 93 and 915.4. Fiefs" now all eitaroIDAWI Cla uffintt Evelyn M. Solar Jeanette K. Shi � JUN�,p u tai man s P Sterns , Smith, Walker & Grell 986 Addr est 280 Utah Street '44%.. San Francisco , CA 94103 Hand delivered Amo,ats $1 , 600, 000 . 00+ If delIVW7 to clerk m _May 28, 1996 tate ssoei wds May 28 , 1986 By rel, 0ostmarw an ., _ • erk 61 the Board of lyi-e-Fwaars lot County ' Attached is a COPY of u4 above-rated Batsdt J tiro. UT'OELN, Qerk, DY ath les COMEt ark foe's (Check only one) IUD Claim ocmplies IRA's anstifllY With Sections 9110 and IL0.2. ( ) 7W9 Claim FAILS to ocmply substantially with SeCtIOM 410 end 810.2• arA Ms mra so notifying claimant. The Board cannot act for 15 days (Section IMO.S). ( Maim is not timely filed. ' Clerk should rets claim an Vvund that it was lil4d late and send warnir� of claimantts rilot to apply for leave to pvsent a 3sto slain (.Section 911.3). ( Other's I I Plated: 7777 t By: 777- putY tY M. P+i: Clerk of the Board 701 Cl) ty Counsel. (2) County ABainistrator • ( Main was returned as untimely with notice to Claimant Motion 9.1.3). I I9. Mw Qt'0Dt BY =Lr lwm Ate of Supervisors presort 00 lois Claimis�rem is full. ( Others I oerti y theiRs is a true and come": oWtt�e BoarO�a is UIMA s or this data. 71� Dated: JUN 17198 gym. 1%TMMM, Mark, I . Depots Mark VAMM (GOV. Cod" Station %3) Subject to oartain "soiptions, ?ou lava Galy sis (6) months tram the date or lois notice Was PWVWJallY farmed ;Cr deposited in the nail to file a oort action as tKa ,lata. ass Govarrnmmt Code Iseotion 445.6. . Tau my seek the advice Cf an attorory or yaw ohoioa in Corrreetion ulth this matter. If M want to consult an at , you shadd do so lawdiataly. T. FMt Clark of tis" Board i0: C1) QoPMty Gans,:, (2) Ownty Administrator Attached are Copies o!i the above Claim. We notified the olairnt of the toard•a action an this Claim by mailing a copy CC this Ox%n nt, aid a memo thereof has bW filed and endors"d Cn the Board's +py of this Claim in with Seeticn 2P03- ( L wenim Cf claimant•a right to ripply mor lea to P'"wt late chis w mailed to Olaimant. OITIDt ll W 1 9 11$61 !ML KTOMN s Clark, by ° Deputy Clerk a CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et se . re: Solar v. Contra Costa County + RECEIVED TO: Contra Costa County 14AYas' 1986 Clerk of the Board 651 Pine Street I:oOPM. Room 106C PHIL BATCHELOR ERK C D OF SUP Y SORS Martinez, CA 94 553 By co Deputy Pursuant to the provisions of Section 910, et seq. of the Government Code ofithe State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Evelyn M. Solar, 2200 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF� STERNS, SMITH, iWALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2200 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. i 4. The names of all public employees causing the injuries, damages and losses are thelagents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. I 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, ! but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE & SHIPMAN Attorney for Claiman 009-B I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. i THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as fillows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, said entity knew or should have known, and had actual and I constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abatelthe nuisance ; (d) B reason of the foregoing , said entity maintained and continues YY to maintain a dangerous and defective condition of its property; (e) Said entity waL negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from Luture flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injuriy caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; i ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters , mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF I Government Code, Section 910, et seq. re: Solar v. Contra Costa County 'bel:Pine street Room 106 Martinez, CA 91553 Pursuant to the provisions of Section 910, et seq. of the Government Code oflthe State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claima Evelyn M. Solar 2200 Giant Road RECEIVED San Pablo, CA 94806 2. The address tol which notices are to be sent is MAY 1986 Jeanette K. Shipman CMELOR LAW OFFICES OFI �M"OIIRI O u CqyI AS STERNS, SMITH, WALKER & GRELI; ty 280 Utah Street San Francisco, IllCA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, Ibut believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of thelclaimant's damages is in the "Itemization of Danllages" which is attached hereto. May 13, 1986 JTTE K. SHIPMA A orney for Claimant 3009-B i CLAIM FOR PERSONALINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra Costa County =-C1-a- mant ;,;sustained-phys%cal Sana aemo csna n ri s iil -�raperty damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra CostalCounty failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including - acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment,) use and repair expense; 3009-B (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra Costa County Ale) Z3 ,subsequent ,:c11.o6 d -and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; I (h) Damages for the negligent or other infliction of emotional distress sustained; as a result of witnessing injury to claimant's family; i (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; 1 (k) Attorneys' fees incurred in recovering damages and equitable relief for these dosses; (1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding.- (m) looding;(m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. A/L I AMENDED Cr Q cam Mn Own AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY _ FLOOD -CONTROL ;tr�Wa�it E CONSERVATI June 17 , 1986 claim ASin.t a ommy. ' r s ' IIhAIR ed to is tar gorrerned by the Hoard of Sups:'via"0 go am Routing 1040sements a and Hoard mottos or the taboo taken 0o !as' b! the Action. All fiction rsfwnoas we VOard of SuparviaorstParafroo r. U Califocrlia 00VOMMent 00des Siwc P"utnt to Govst:ment We ao 113 and 015.4. plow note all *Yaroivp . Clais�st: Evelyn M. Solar •� AttaaMsy: Jeanette K. Shipman Stern, Smith, Walker & Grell 198,6 Address: 280 Utah Street San Francisco , CA 94103 Hand delivered Amaot: $1' 000'000. 00+ By deli VW7 to clerk an May 28 . 1986 =late HaOeiveds May 28 , 1986 Si' pail. 1'+ontmarw an . . erk Board I of 3UPeFHWM 20, Comfy Diaz Attached is a copy of thei above-noted of lam &,A� Dated: June 2 1986 PM SAT EMM 9 Qark e BY Lac:� --y"Ity I ' Catinsil : ark VT WW DMM CC BUPWTLWM (Check only ane) r ) 2Ws claim complies substantially with Sections 110 end 90.2. ( !tits clalit tAn.S to ocnply substantially with Sections 1i0 and 110.29 mad We are so notifying claimant. ?be Soard owmt act for 15 days 0ecticn 110.8). r ) Male is not timely filedl. Clerk shmdd return claim an Waa:d that it was tiled late and send warning of claimants right to apply foe' Isave to pcsxent a late claim (Section 511.3). Others I bated: 7477 , I By:---7.L- Duty ty W. nM: Clerk of the Board TO: Cl) Gouty Oossssel q c2) Comty Administrator Maim ram returned as vniisely with actioe to claimant (^lection ILLS). I I9. IDMQtDfR unanimous Ate of Supervisors present bd trete 47" re in fuu C ) Other: f 6erti ri "t thl s is aitrue iia correct copy Uw Hoard's en is Minutes for this date. Hated: J13N 17 1986 !HIL AI1TOfffi.c!)t, Mork, sy► d . VeMy Clerk itAhwm on. cc" Section 113) Subject to owauto esoep? CIONS you here only six (6) months !leas the date or this wtioe ram personally served or deposited in the Mail to rile a own action 0o tDis algia. On Government Code Set fico 945.6. YOU sty seek the advice Ct on attarory et your choice in ouvaction with this Wetter, If you rant tO consult On attw%tYo yce should do so INOWlattly. �. 2M: Mork of the Board ID: Q) Oaaty Ooh o (2) County Administrator Attached are copies of thea Of Claim. We notified the Clalstnt er the Hoard's action on this claim by sailing a Copy od this documeatq said a saw unroof b" been filed end endaraed on the Hoard's Copy e[ this Maim in accordance with 'action 29703- A =ming at agmen •s 'right to awy rw lea to Qiaimant. to t Late CLtim w tiled =TID: _111% 1 q Iggn !�L SLTMM a Qetko Hy o TI CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code ofl the State of California, claimant claims damages and equitable reliif from Contra Costa County Flood Control District. 1. The name and p ost office address of the claimant is: Evelyn M. Solar, 2200 Giant Road San Pablo, CA X94806 2. The address tol which notices are to be sent is.. RECE VED Jeanette K. Shipman LAW OFFICES OF, MAY 2 ' STERNS, SMITH,I WALKER & GRELL PHIL BATC E R 280 Utah Street LERK RaD�OF ERVIsoRs San Francisco, CA 94103 er YUc Aco. 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2200 Giant Road, San Pablo, California, and arie described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known td. claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown,; but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETT . SHIPMAN Attorney for Claimant 3009-B l CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as foIllows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design , require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; I (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy df drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate Ithe nuisance ; (d) By reason of the- foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity wa's negligent or otherwise liable, including acts and omissions which, are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; i i ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters , mud and debris , and from the fear for personal safety and; the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these loses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeksiand other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt ' ^ ' CLAIM FOR PERSONALIINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Codel Section 910, et seg. re: Solar v. Contra Costa County Flood Control Distrizt 146 TO: Contra Costa qounty Flood Control District MAY Contra Costa County 651 Pine Sttewt PHIL BATCHELOR Room 106 "Of SUPUMMORS Martinez 5 CA 5454.7; -AAA id Pursuant to 4--provisions c;+ Section 910, et seg. of the Government Code ot the State of California, claimant claims damages d equitable relieft. 1. The name and 9 ost office address of the claimant isg Evelyn M. Solar 2200 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Slipman LAW OFFICES OF STERNS, SMITH, WALKER & ISRELL 280 Utah Streit San Franciscoi CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis o? the Claim'' which is attached hereto,, 4. The names o+ all Public employees causing the injuries, damages and losses are thi agents, servants and employees of Contra Costa County Flood Contlol District whose names and identities are not presently known to claimant. 5. The amount damages claimed is $110007000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of th claimant 's damages is in the " Itemization of Damages" which is attached hereto. May 13, 1986 V .ANEI TE K. SHIP�� Itto -ney for Claimt ^_~~ 3009-B ! CLAIM FOR PERSONAL ;INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Govenment Code, Section 910, et seq. re: Solar v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 19E inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costal County Flood Control District was negligent or otherwise liable, I including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of ruse, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3009-B (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra) Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant a!nd volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future fllooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for t'he negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensationlfor loss of time from employment and loss of earning capacity. 1 (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and i (n) Damages for other injuries which are not presently known. Ii 1 �- AM_ENDE- D - pARa Q Q AW CDStl wwas t�t.IIRl�II Qais Winst the County$ R, bias Gt CS !0 CLAIRW June 17 , 1986 govwmad by the D=rd of Supss�isae's 2b* copy a ed to is Pw flouting fb odw sswts s and Board notice of the action taken ao W 67 the Actino. All Section r wwwoes are Board of 4 wdsion ftwrao no bder)• to California 0overno"t cod" I Shea pursuant to GoTwMeent Coos section 143 Clalsants Kenneth V. Solar and 915.40 Meas note all • AtUrmys Jeanette K. Shipman Sterns , Smith, Walker & Grell Addrrses 280 Utah Street �9A6 San Francisco-; CA 94103 Hand delivered 4 - Amounts $1 , 600, 000. 00+ By delivery to aleck an may 28. 198h i4a fate 2eoeiveds May 28 , 1986 By flail• posburked an • erk of the Board of y NFUZ Attached is a copy of tt i abovo-DOW olais. Weds -- June 2 . 1 98A pM IMTOELMi CL4rk, 11Y nth K Ins awaz : ark Or the 30" of &WOSTLO" (Geek only nae) 0 Iwo claim ormplies rube Itantially With Sections 910 and JA0.2. ( Us claim FAILS to o®ply substantially With Sections IMO fend 310.2* fwd we mfrs go notifying claimant. The Board oannot act for 15 days (Section I10.d). ( Maim is not timely tiled. Clerk should return claim on SmwA that it was tiled late and send warning of claimant's right to apply for leave to present a late claim (Section p11.3). ( � Others I Oated: 3> I By: lfljligii,:Li�i�- o-) WPAYWunty III. nMi Clerk of the Board 70t Cl) County Counsel) C2) County Administrator ( Main vas retwood as untimely With notion to claimant (Stetson I IV go== u�unimm s Ate of Supervisors p "Wa lyse olas�ts re � !till. ( ? Others i y that this In a true oorrwt copy the to OHW eo is winutss for this date. Dated: JIM 17 198S PM NAT ELM, Qerk, Bir ° • Deputy MWk YAMM (0m. Code Statim IMV Subject to oertain esoeptiaa, you Save ealy six (6) nonthe f m UO date of !Ms notice Was Pwwnally sarved or deposited in the frail to file a cart tatim an this algia. See Goverrmaat Code Soden 945.6. i You nay seek the advice of an attammy of yar ehaioe in ourAc iso With thin natter, It you Want to oonault an at!2=9 you should do so twediately. �• /!Mi Mark of the SM!d Is Q) CVU1Mty Cov<ssel• (2) Oafnty Administrator Attached ars oopias of the abowe claim. Ale notified the olaisar:t of the Soardts action an this Claim by failing a OM CC this doeuaent, and a fano thereof W bM tiled and endorsed an the Board's copy of this Claim in with Senesce 29703. ( ) A yarning Cc came •sl right to way fOr lea to t • t'Dlate claim Wu flailed SITID:�fU 91 t8� �, �►T�,p�R Mark, By09%tty Clerk I CLAIM FOR PERSONAL (INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq.da A re: Solar v. Contra Costa County RECEIVED TO: Contra Costa County MAY 0 1986 Clerk of the Board 1.'00 RA4. 651 Pine Street JERK PHIL SLO �pRyRoom 106c N D cos Martinez, CA 94553 B "' DOf `' aaputv Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relilef from Contra Costa County. 1. The name and post office address of the claimant is: Kenneth v. Sonar 2200 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH,( WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2200 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. i 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of �damages claimed is $1,000, 000, plus an amount, presently unknown,, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant ' s damages is in the "Itemization of Damages" which is ;attached hereto. May 27, 1986 JEANETT9 K. SHIPMAX Attorney for Claimant 3009-A ' i � IY CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control , repair and remove debris from IWildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity wals negligent or otherwise liable, including acts and omissions which' are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; (c) Expense of preventing .further damage from suture flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant an'd volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts; V Y (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physicall and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k) Attorneys ' fees incurred in recovering damages and equitable relief for these lisses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n) Damages for otlher injuries which are not presently known. spablo.rpt CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra Costa County I + ' ut%$`.'�sarci : 651 Pirie =Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code oflthe State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Kenneth v. Solar 2200 Giant Road San Pablo, CA 94806 p 2. The address to which notices are to be sent is: RECEIVED Jeanette K. Shipman LAW OFFICES OF MAY 1\&1986 STERNS, SMITH ,` WALKER & GRELL 280 Utah Street p►1IL A CHEIOR AR TRA gUPE VIS S San Francisco, CA 94103 XL 3. The circumstances which give rise to this claim occurre on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of a;ll public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is !attached hereto. May 13, 1986 J N TTE K. SHIPMA A rney for Claimant 3009-A a CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra Costa County w :� :: 7 sryte -_ `" eb find v,:pubs$ +en .gcflntamia- mn . "lr�.a t ZerampaEa, ren.�aring �looby mid escape efforts; + (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future fliooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotii nal injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; I (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. AM -ENDED V r AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY _ �� L D C_ ON�As �OLS jE CONSERVATI �zu ne 7 , 1986 tovwmod by the Board of SUpenriaora, so Goy! s z flouting lbowsements, and Daard notiot of the action taken an 1mr dr Action. 111 section retarenow are Board of Awdsors varagmh we lelor)t to Cali forma Government Cod o I given psvusot to Gow_L Was seotiaes its and 915.4. !lease now all Maisests Kenneth V. Solar 490&�y,, Attae`00ys Jeanette K. Shipman J(/Iv Stern, Smith, Walker & Grell 31986 Addresss 280 Utah S.tree-t I San Francisco , CA 94103 Hand delivered �. ats $1 , 000, 000. 00+ 3yt delivery to Olf'k 00 May 28 .__1986 M Bate Beoed Veds May 28 , 1936 I Ily mail I Postmarked cc .. erk if M Board of SUperviWS : ORRY Attached is a copy of the+ above-noted claim. Dateds June 2 , 198 6 ham. SAT�AR MeritsBy _4P_ TO: MerkW (Cheek only one) =11 olaim oamplies substantially with 86ctioess 910 acid 910.2. ( Zais claim FAII.S to o®pl',y substantially with Sections 910 and 910.29 Old V9 WO so notifying claimant. The Hoard oarmot act for 15 days %action 910.8). ( Maim is not timely filed. Clerk should return claim an VV" that it was Mod late and send warni of claimant's right to apply for leave to present a late claim (Section 911.31. I ( Otbart i By: pY ty III. : Clerk of the Board ZOs (1) Comty Dxrj el, (2) County ldministratar ( ) Maim was returned as untimely with notice to claiwant (flection 931.3). I IV. ass► uw niam s Vote or superviscrs present Cyd !leis elaimxis re-acted in full. ( ) Ouwrs I aero y ME ws is aitrue im o0rrect copy a the 's setwed is 01mitss for this date. Dated: IN L96 MM IMMIAlI, Mork, sy 0 ° • Deputy Clerk . - - WARM M (oov. Code section 913) 9ub,)ect to certain esoepticnm, you have only six (6) wont?w !Ares the data Sr %U mance was perstxjauy served or deposited to the axil to file a court action to this alasa. Dee Govary meat Code seQtiao 945.6. Tau Sy seek the advice of an attaro.y of yo%r ahnioe in Cagwetion with tms atter. It you went to oonm dt an stto=, ?ou should do so tamediataly. T. = Mark of the scare ms a) amoty Damel1 (2) Canty ldainistrator Attached are copies of the above alaim. Ale mtifiad the olaisant of an Board's action an this claim by tailing a pppy of t?sis dOOMMt, and a meso thereof W been filed and W*rsed m the board's OM of this Claim in a000rdarwe with Section 29TO3. ( ) A Horsing of alaitant's r1lbt to apply !br lea to t • chis has mailed to Claimant. DATIDs UTQi N s Mme, By ° Deputy Mork . a d CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Solar v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claiman is: Kenneth v. Solar 2200 Giant Road San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is: MAY ��lo$r Jeanette K. Shipman LAW OFFICES OFI STERNS SMITH WALKER & GRELL 4 C PO TC_UPER STERNS, r �,ERK ARO UPERVISO 280 Utah Street , TRA OSTIo�0.'VSan Francisco, CA 94103j: 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2200 Giant Road, San Pablo, California, and arse described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETT . Attorne for ClaimAdt 3009-A . CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEP Government Code, Section 910, et seg. re: Solar , v. Con try Costa County Flood Control Dis TO: Contra Costa Countv Flood Control District MAY 16 1986 Contra Costa hount'V .1"20 P.M - F IL BATCHELOR 651 Pine Street L LIUICO�OF SURRVIJORS Room 106 COSTA Pursuant to 1he provisions of Section 910, et seg. 64 the Government Code L-) . . e -ate of Cali4ornia, claimant claims damages and ^`.^ ..~^^ relief from Contra Costa County Flood Control District . 1 . The name and Post office address of the claimant is: Kenneth v. Sollar 2200 Giant Road San Pablo. CH 94806 2. The address to which notices are to be sent is: LAW OFFICER & STERNS, SMITH, WALKER I GRELL 280 Utah Street San Francisco j CA 94107: 3. The circumsta,!ces which give rise to this claim occurred on Pebruary 17, IF% and are described in "The Basis of the Claim'' which is attached hereto. 4. The names of all Public employees causing the injuries, damages and losses are th6 agents, servants and employees of Contra Costa County Flood Control DistrAct whose names and identities ape not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 0007 plus an amount, presently unknown, but believed to be several million dollars, for the repair of dralinage systems to prevent future flooding. The description of th claimant ' s damages is in the " Itemization of Damages" which is attached hereto. May 13, 1986 J 1 A TTE K. SHIPMAN Itt-orney for ClaiInt L� 3009-A i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, at seq. re: Solar v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimantad volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. � •i • AN-b E- ----MED _ ���� • - D i PARD Q SUPPYQ d�tAlTi. Elam 1plfwt the ftrity, or biatriat VMCX Q.AjKW June 17 , 1986 Aowcod by the Hoar" of 'tsDen►iso a The copyor-tug docilwat, Suled to to Par Routing wwsamenta, and Hoard notice of the action taken an pas' bt lbs Actiac. All Section refarenoae are board of Svwdso" Volumib IT• bslvwr)v to cal i forrd a Government Codes given PJ-Want to Govan-anent Code lectian 113 Rick J. Maia • Wd 915.4• Please note all swlarntO a Clalaants Co AttarTal Jeanette K. Shipman Sterns , Smith, Walker & Grell JUN 1986 Address: 280 Utah Street l oa San Francisco , CA 94103 Hand delivered `oasts $110,00, 000. 00+ By delivery to clerk an may 2 Date Beoei vsd: May 28 , 1986 By Mile postaar'w an . ark U Vw 90&rd Of pt soras y Attached is a copy of the above-ached claim. (, , Man Dateds _,Tune_ 2 - 19 8LNM DATOMLO 1, Clerks D9 T —C—athX Kriowles CR-INys ark or Ww Board or (Check only ane) (X) !leis claim oceplies substi ntially with Sections 910 and 910.20 ( ) This claim TAW to oamply substantially with Sections 910 and 910.29 and We an mo notifying claimant. The Hoard Cannot act for 15 days GSeetion 1110.8). ( ) Claim is not timely tiled. Clark shmdd return Claim on XNAX4 that it VU tiled late and send wwmin of claimantts rift to apply for leave to present a We claim (Section 911.31. ( ) Other's I Dated: Deputy cy III. nM: Clerk of the Board 70: (1).Counnty Counsel, (2) County Administrator ( ) Main waw retwoed as w"6 imely with notice to claimant (Section 911.3). 1 I9. 30M unanimous vote of Supervisors Froment ?AAs olaimAis refect 11 full. ( ) Others I oarti y wit this Is a true Correct copy the 's an to •t"r1tgrts date. hated: RM SATOELC R, Clerk, By • O4puty Clerk 1ti1wm (WT. Coda section 913) aubjeot to Certain 620epLiocs, 7w have only six (6) months firm the date at ibis anti oe Was personally served or depasi ted in the mail to file a court action an tt" Alain. ase Govw meat Code Section 945.6. Tau My seek the advice of an attorory of poor ctnioe in ow,wetioe With tis tatter. If you rant to oonmalt an attornry, you should do so immediately. T. t & Clerk CC the Boar Md m: Cl) Oa::ty 0=33841, (2) Cmmty Aftinistrator attachrd are GONGS of the above olaim. We wtifYed the claimant at the Board's action an this claim by mailing a Dopy of this document, aa memo thereof W bw tiled Md d 4ndarsed on the Board's Q1* Of this Main In soclartalwe crd with Ssetio® 24703. ( • warairig od' elai>isnt*a ;right to apply for lot to t claim wigs Wailed to Qlalaant. DATIDs _lm 14 [986 YMDITQ�M a Clerk, Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et s re: Maia v. Contra Costa County RECEIVED MAY,n 1980" TO: Contra Costa County /.'00 P.M Clerk of the Board PHIL BIJCHRO.' 651 Pine Street C:r T �OJSTP. J Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages And equitable relief from Contra Costa County. 1 . The name and post office address of the claimant is: Rick J. Maia 913 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 913 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANAN Att ey for C1 mant 3017-A CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage , both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows: (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; i (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; i . P ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotioInal injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained i'as a result of witnessing injury to claimant ' s family ; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt I t CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County RECEIVED TO: Contra Costa County Clerk of the Board MAY 1L 1986 651 Pine Street Room 106 PHIL SATCHELOR Martinez, CA 94553 NTR I FSTPEOIS S Vy Pursuant to the provisions of Section , et eq. of the Government Code of the State of California, claiman claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Rick J. Maia ' 913 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, , CA 94103 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names' and identities are not presently known to claimant. i 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 J TTEK. SHIP orney for Cla ant 3017-A l t CILAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Mafia v. Contra �Costa County THE BASIS OF THE CLAIM i Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa 'County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omission& which are presently unknown by the claimant. i ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, ' moving and storage expense; i (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3017-A (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; 41 t CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (i) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and i (n) Damages for other injuries which are not presently known. vz' AME N D E D 9LAW ap M;rwyljr tg Cp COW =TA O= Ti. AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY Main F O.OD-CON7ROL Wk ,JE CONSERVATTjjjj j nlwuw vountyl W jgM June 1*7 , 1§8'6 apvwzedV he Do" of Su a" so am CC tug fimument Mixed to to Pw 10AIng SaMUS and 301Wt ' notice at un WtIon takien an 7wir wo Action. All Section Weranoes an q=rd of awdw" OWVV-qh IT MM) to wifor%la Govwmwt cod" � gjV= PjVjLnt to covwvmt cc& isMan 3 taunts Ric kJ. Maio mind I15.4. P26LIO bou all Attcrwyt Jeanette K. Shipman Stern, Smith, Walker & Grell 0 31986 Addrust 280 Utah Street San Francisco, CA 94103 Hand delivered An, Mt 8 $1, 000 , 000 . 00+ let delivery to Clark an May 28 , 1986 Date 100dVW1 May 28 , 1936 postmarw on 1. PW: Clark of W Board -of Npervisors Attached Is a copy of the above-nfted slale. batedt June 2. 1986 PM BATOMMI Mark, By L'nAa'- j-" --7a-th es �21. VW1 TFM—ty ma—wel -M — M (Check Way am7Sy ) arkkav the Board cif =a Claim omplies substantially with Sections 910 WAd 190.20 W& Claim TAMS to toamply Substantially with Sections Mo w4 IM0029 and We W* so notifying claimant. The Board oanwt act for 15 days (Section 1110.00 Main to not timely filed. Mork Should r9tur3 claim on Vvund that It Was fllsd late and bond warni Of 0141mAnt'A right to apply for leave to P%smt a 3ALte claim (Section 9110310 Aratsdt By: . -0 biputi County ZIT. P6t C;Qrk CC the Board' To, (I County Wjmel. (2) County Administrator Claim was retamwd Is untimely with notloo to Claimant (Section Iy � i. � a my avallmom vote cot Supervisors pvmt in oLbws I aertify that this In a U%ie-- 001-2 t MIT ?r 'a 007'�4Lf thA IS W - fs date. Dated, tm.�M-Cry Mefto ftv Ho IMbject to certain S=VAMM (fty- Moder980tim 113) ptlowl Im lava ftly 91Z (6) months hm the date or tug lwtic* W" PwWnLUY S&rv*d Or d*P=Itod In the nall to fn* & Court nation an tug G'AU' Ave GovWTD*ct Code S0*t1Cb TOU MY seek the &M as of an attawy of lour choice In oarjection* Vith a" att4r. It you want to con"Mat an at 9 Vou Whould do so1=W1at4dy* AMU t. Iny, rMt Mark Of the Dowd JDj Cl) County COUM112s (2) Ownty A&dnI*tMtcr Attached are COPIM of the abogs Cost - We notified the Claimant of the scames action an this claim by wiling a OM of thle dW , jMt I and a afto tt and andorood an the Boards OVY CC thio Claim In - Mwf b" bm riled 0001%knft with Section 29703. A warning of C2&iMnt9g right to 01017 tor ift t th alai a late Oulu No riled DATM: 0-WITM k - "M VATMELM9 Mark, By P OIL-- Y Mork 4 ` CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County Flood Control District + TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 9;4553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: , Rick J. Maia 913 Randy Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is: Jeanette K. Shipman 'fib J986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL ICIEWc PHILRDO EL R ISOts 280 Utah StreetRA co c San Francisco, CA 94103 By 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 913 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of theclaimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 i JEA ETTE K. SHIPMAN Attorney for Claimant 3017-A I I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM 1 Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for .re.sidents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and ; by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real , property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c ) Expense of preventing further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; R' ( f ) Emotional distress and other personal injuries sustaihod while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i --- ' ^ . ' . . . . . ^ CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq re: Maia v. Contra Costa County Flood Control Dist + TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106C��A 01 SM,01 CO Deo Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Rick J. Maia 913 Randy Lane San Pablo, CA 94806 ' 2. The address tb which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 18, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. i 5. The amount of I damages claimed is $1 , 000, 000, plus an amount, presently unknownS but believed to be several million dollars, for the. repatr smatems. to prevent future flooding. The �essn�r�Fm��zscr / T JE NFTTE K. SHIP ' A .t .rney for Clahant 3017-A - | / i ' CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its ,agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding;_ (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra ,Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Cost& County Flood Control District was negligent or otherwise liable, i including acts and omissions which are presently unkn { ;:c1 -Kkt rr=.TZXT333N CM'DAMAGES:= in value; loss of' use, enjoyment and rents; repair expense, additional living) moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment use and repair expense; 3017-A (c) Expense of preventing further damage from future flooding; i yt CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; I (g) Loss of consortium of claimant' s spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these .losses; ( 1) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on ;expenses and damages; and i ( ). , t._. . p lathe =1n�ur1z— wh�c�; are nat presently ,known. I I AMENDED mow' Q QC mmmLTi, AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY C1aisLFLJ&D CON u"M�OLS W TSE CONSERVATI June 17 , 1986 governed by the Board of Supervisors, ow copy ed toto 2o�or !touting ti�6or•saments, and board : wtios at the aot� taker m � �a�! tiM! &etioc. All Section refaranoes �loard of dim �3 to Cat i forma Goverr�er t Codes i given Pseuant • and X5.1• dense note all Claim�ts Nancy G. Mala . ceun�y Cour�set &tLarmys Jeanette K. Shipman Stern, Smith, Walker & Grell JUN 0 31986 Addressi 280 Utah Street San Francisco , CA 94103 Hand delivered routs $1 , 000 , 000. 00+ * 6aliwr7 to clerk OD - May 28 1956 Date beosiwd: May 28 , 1936 By r31, Ocebarw an ark of NpieFRoom 16t 060Y ciao tttaehed is a copy of the above-noted elaln. ; Dated& June 2, 1986 PM D&T ELDR, Clerk, W = y cotmel TDI ark -or Bowl of 84per'flaws (Check iiDrily one) a claim ocmplies substantially with SWUM910 Kid 910.20 t ) lis claim FAMS to comply substantially with Sectiorm Sao and 910.29 and w I so notifying claimant. TMe Board cannot act for 15 days (section 1110.8). ( Claim is not timely filed. Clerk shmdd return Claim on 6MMA that It Mas tiled late and send warning of claimant's right to apply for leave to present • late claim (Section 911.3). t Otbers Dated: By: L-c ,vDeputy tYciWii III. lnMt Clerk of the Hoard 703 (1) County Cristal, (2) County administrator t Claim vas retwMed as untiseiy With notice to claimant (Section 9x1.3)• i I IT. MW wt whani=a Ate of Supervisors Pveent 0410 — T this elasm'�ts resected is !till. Othrrs oerti y Wt MIS Is a true correct Dopy the to Order Sawedto IdMO M for this date. Dated& VATOELM, Clerk, �y � • 99P*7 Mark iu►WM (Go.. Cod. seotica 913) "Ject to certain esoeptiom, !ou lave Gay six (6) months firm the date or !Ma aotioe rw pW%Wr:ally sewed or deposited in the ail to file a omwt notice oo this elais. ase GoearMeot Code SWUM 315.6• Tau .y seek the advice of an attamey of par onoioe in ea-gm tiao rete this atter. It Im rant to ooeault an attornry you ahmdd do so ismediately• �. 1mg Clerk CC the boalyd IVD: (1) ftMty CouWel, (2) Ootissty lrinietrator tttadad are copies of the One Claim. We notified the alaiaant of the award's action on this claim by seilipg a copy of this doa:mmt, and a aemo thereof has ran filed Md encicirse. m the board's copy of this Claim io a000rdanoe with Section 29703• ( ) a wrning of ;i=:'s right to apply ibr lea tot a elms was nailed to claimant. DITED: 6 !'AII, aITOEL,OiR I Clerk, By . 1 ipDep:sty Clerk I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claiman is: C,� Nancy G. Maiaj v 913 Randy Lane RECEIVED' San Pablo, CA �94806 2. The address to which notices are to be sent is: 1 ,) Jeanette K. Shipman "� ���g8� LAW OFFICES OF PMII BA M l0R STERNS, SMITH, WALKER & GRELL clE aRo F rERVISORS 280 Utah Street B Tic T c San Francisco,. CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 913 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of 1damages claimed is $1,000,000, plus an amount, presently unknown,I but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 , JEAN E K. SHIPMAN Attorney for Claimant 1017-B I CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustainedlphysical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from! Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy ,of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living; moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment; use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamlination , mold and decomposition during the flood and escape efforts ; i J ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotioInal injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; a (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt | . � . ~ � . . ' CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF GoveIrnment Code, Section 910, et re: Maia v. Contra Costa County Flood Control Distri ::t RECEIVED + WAYS 1R86 -TO: _'Contra Lost j ` D�s��*�t�± Contra Costa lcount-v ' 651 Pine Street CO A COST Room 106 . Martinez, CA /94553 ' ) ! Pursuant to; the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. . . 1 . The name and /post office address of the claimant is: Nancy G Maia// 913 Randy Lane San Pablo, CA 94806 / / 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 19, !1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently knownito claimant. / 5. The amount / f damages claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of dyainage systems to prevent future flooding. The description of the claimant ' s damages is in the " It Damages" which s attached hereto. May 13, 1986 ���--�r---- Atfo rney for Claimant 3017-B ' / n CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM ,Claimant,sustained VhysicaiM and; emotional-,injuries .-and :}property damage, both realiand personal, on or about February 17 through February 20, 1986,; inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra CostajCounty Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa .County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of 'the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of ,use, enjoyment. and rents; repair expense, additional living! moving and storage expense; (b) Damage to pelsonal property, including but not limited to the loss of enjoyments use and repair expense; 3017-B (c) Expense of preventing further damage from future flooding; i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time- a-cI;61t-and-"We udlmer''a 8; I (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from thelfloodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and I (n) Damages for other injuries which are not presently known. a.i�as VIDARD OF SUPERVIM or Nit Cost/ mom, M MM June* 17 , 198-6 Claim Against the County, Cr bislrivt BlMCE 20 CLAD=wiled � yra L yora governed by the Hoard of Supervisors, The coP7 cc we do"ient pouting Ftoorsements, and Hoard actioe of the toticei tascea an yovr Claimm by Use Action. All Section referenoss ars Board at Supeviis ���icOt to Coliforms Government Codes given Pursuant and 915.4• please now all _ itarn-1W Claimants Maria White for Lisa White, a minor by and through COunty�011f1S2( Maria E. White, j her Guardian At Litem 6 Maria E.Whit M'AY� d,�iy�ually Attprpays Douglas Lamar 19W2151 Salvio St . , � Ste. 333 Address: Concord, . CA 94520 Martinez, p 94553 hand delivered lmotisnts $100P000. 00+ By delivery to Clark an _ May 19 , 1986 Date Beosived: May 19 , 1986 By wil, postsmarlad an . ark if the Board of Supe sora : y Attached is a copy of the above-noted claim. Dated: May 20, 19 86 PHIL DATMN. Mark, By Deputy a es : county CoZinsel Tos soca (Check only one) (�) 7his claim complies substantially with Sections 910 and 910.2. ( 7his claim FAn.S to oamply substantially with Sections 910 and 910.29 and we ars so notifying claimant. The Board cannot act for 15 days (Section 910.0. ( Maim is not timely filed. Clerk should return/c1.;im On VVWA that it Mas filed late and send warning of claimant's right to :r.;ily 'itr leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: puty ty 56agii M. FxH: Qerk cf the Hoard 70: (1) ty Comsel, (2) County Administrator ( Maim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD Q t By unanimous vote of Supervisors present bQ This claim is rejected in full. ( 1 Others oerti y that this is 'a trui-ER correct oo Order eQn in is mire�9�is date. OP,Dated: PHIL HATCFOZ.OR, Mark, By , Deputy Clark MAMM (Gov. Code Section 913) Subject to Certain exceptions, you Lave only six (6) mocntbs from the date Cf tats 10tice was personally served or deposited in the mail to file a COWL action an tats Claim. See Goverrsaant Code 30CUOD 945.6, You may seek the advice of an attorney of your ahoios in Connection with this matter. If lou dant to Consult an attamey, you should do so immediately. �. IM: Clerk of the Board TD: Cl) County Counsel, (2) Coanty Administrator Attached are Copies of the above Claim. Ve ratified the Claimimt Or the Board's action an this claim by mailing a Copy of this document, and a memo thereof has been filed and endorsed an the soard's�oepy of this Claim in a000cdanoe with Section 29703• ( ) . A warning of Claimant's right to apply the lea to t a late claim Mas mailed to claimant. . PSL BdT�IAR, Mark, sy . Deputy Clerk r LISA M. WHITE, A Minor NO by and through MARIA E. WHITE, her Guardian Ad Litem CLAIM FOR PERSONAL and MARIA E. WHITE, individually, INJURIES AND PROPERTY DAMAGE Claimants, VS. T THE COUNTY OF .CONTRA COSTA, California1J`���-�C CENTRAL CONTRA COSTA TRANSIT AUTHORITY, MAY 1� 1983 Defendants. V PO PHIL BATCHELOR / (,`L OAR PE VISORS 11a!r Itwt�ennNTA OSTA3. Ly TO: THE COUNTY OF CONTRA COSTA, CALIFORNIA i YOU ARE HEREBY NOTIFIED that LISA M. WHITE and MARIA E. WHITE whose present address is: 4327 Blenheim Way, Concord, CA 94521 , claim damages from the County of Contra Costa as of the date of presentation of this claim in the sum of $100 ,000 .00 and other amounts not yet ascertained as of the date of this claim. This claim is based upon personal injuries and property damage sustained by claimants on or about April 14 , 1986 at the intersection of Alberta Way and Lightwood Drive, Concord, California, when . claimant LISA M. WHITE, was rearended by a COUNTY CONNECTION bus driven by LOUIS JAMES AUGUSTINE. The injuries as sustained by Claimant , LISA M. WHITE, as far as known gas of the date of presentation of this claim consist of physical injuries to claimant ' s body, health, activ- ity and nervous isystem. All of said injuries having caused and continue to cause claimant great mental, physical and nervous pain and pain and suffering. Additionally, claimant, MARIA E. WHITE, has suffered as far as known Ias of the date of this claim, property damage to her 1981 Mazda 626 automobile and consequential damages due to loss of usle of said automobile. The total +amount claimed as of the date of this claim is the sum of $100 ,000 .00 . The precise computation of medical expenses incurred and estimated future medical expenses and general damages are unknown as of this date. All notice or other communications in regard to this claim should be sent to the following: DOUGLAS G. LAMAR Attorney at Law 2151 Salvio Street, Suite 333 Concord, CA 94520 I declare +under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this waslexecuted on May j? 1986 at Concord, California. MARIA E. WHITE, Individually, and as Guardian Ad Litem for LISA M. WHITE j I -2- t I UA3X RAM OF SurmVISM or CWW WSTIL CAIMOM _ 2oM Ac,-rsav Clans against the County, orbistriot MICE T+0 Q.UMAIR June 17 ; 1985 governed by the Hoard of SupWiisors, The oo+py s ed to you is you Routing 8'�dot'sements. and Hoard ootioe of tin collas taken oa yoinr claim by tAe Action. all Section referen09s arm Board of Supervisors (paragraph IV# 601049 to California Covwnment Codw given pursuant to Government Code Seoticn 913 and 915.4• Meuse note all aiiarni "0 Claimants Sala Steeves COuntY Counsel AttonW: WAY 2 0 1986 Address: 490 N. Civic Dr.#502 martinet, CA'94553 , Walnut Creek, CA ; 94596 By delivery to clerk an F Amounts Please see #7 j , Date Scowveds May 19 , 1986 By mile 0� On May 16- 1986 , : ark of the Boar of Supe sons TOs bazry Attached is a copy of the above-noted claim. Dated: May 20, 1986 PHZ PROM=, Mark, By Dfptity Udthy Uowies : County Corms : Clark or the Sum d sous (Check way ane) 00 This claim oomplies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.29 and we ars so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. 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). ( ) Others If Dated: By: Deputy C^mty Covtnsei III. FM: _ erk of the Board 70: (1) Ccunty Counsel, (2) County Administrator ( ) Maim vas returned as untimely with notice to claimant (Section 9x.1.3). I IV. X= aRm By unanimous vote of Supervisors present ?his claim is rejected in full. ( ) Others I oerti y that this is a true correct oo the �s Order can is minutes for this date. Dated: JUN 1 7 MG PHIL BATC RM W, Clerk, Syy Am^ ° , Deputy Clark VAMM (00v. code Section 943) Dnbssct to certain enroeptions, you have only six (6) months from the date aF this notice uas personally served Or deposited in the mail to file a coat action an this claim. Dee Goverment Code Section 945.6. Tau may seek the advice of an attorney of your choice in oon:nection rith this matter. If you rant to consult an attorney, yon should do so immediately. 9. MM: Mark of the Faird 110: Cl) County Counsel, (2) Oossnty Administrator •ttac3ned are copies of'the above claim. Tie notified the elalmaat of the Board�a action an this claim by mailing a copy of,this document, and a memo thereof by been filed and endorsed an the Hoard's Dopy of this Maim in t000ndsnee with Section 29703• ( ) A warning of claimants right to apply ibr 1 to t a late claim was mailed to claimant. 3:1, DATED: _Ui% 1 9 14RG PMII BATOELDR. Berk. By � _j . DOVA!r Clerk ' , `'LAfA TO: BOARD OF SU4ERVVk)RS OF CONTRA .COSTA COUNTY - Instructions- 'to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec 911. 2, Govt. Code) 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 (or mail to P.O. Box 911, Martinez, CA) ._ 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 end of this form. r' RE: Claim by )Reserved for Clerk's filing stamps Sala St•eeves ) 490 N. Civic Dr. , 2 ) �— Walnut Creek. Cal. , 94596 ; RECEIVED Against the COUNTY OF CONTRA COSTA) MAY Iq 1986 or DISTRICT) Fill in name) ) PHIL TCHEIOR AR SUPERVI T OSTA C The undersigned claimant hereby makes claim agai ntra Costa or the above-named District in the sum of $ lease ee leo. 7 and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) , .March 3, 1986 - 2: 00 P.M. -- -------r--- ------------------------------------------------------- 2.--W here didd thhe ddama or injury occur? (Include city and county) Walnut Cleek Main �ibrary 1644 North Broadway (South entrance ) Walnut Creek, Contra Costa ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) Slipped and sell i -- - --- ---- - - --- --- -- i What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? (over) _ f . 5.' What are the names of county or,`district officers,_ _servants,�rr�E I employees causing the damage or injury? - -- - - - ----------------------------------------------------- 6-.--Wh-at-d-amage-----o-r--injuries do you claim resulted? (Give full extent_ of injuries or damages claimed. Attach two estimates for auto damage) Brooke my lef wrist 1 ------------------------------------------------------------------------- 7. How was the- amourit claimed above computed? (Include the estimated amount of any pr8spective injury or damage. ) Please see attached L - - - - -- ------------------------------------------------------- 8-.--N-ames----a-nd--add-resses of witnesses, doctors and hospitals. John Muir Memori�l Hospital - Emergency 1601 Yanacio Valiey Rd. Walnut Creek, C=l. Dr. A. D. Schilling 2121 Yanaci o Valley Ra. Walnut Ci-eek, Ca. I ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury.: DATE ITEM AMOUNT ia.blo Valley Radiology $19,2'5 John Muir Memorial Hospital) B .. ' lleY i car raid $11. 68 Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney ` ., '4- ti�u r 9 Claimant' s Signature 490 N. Ci.yi c Dr. , #-,02 Address Walnut Creek 94596 Telephone No. Telephone No. 933-9766 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, Iany false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " Sala Steeves #7. John Muir Hospital-Emergency $279075 " # " Radioligist 19.25 Dr. A. D. Schilling 533. 00 u " " 44.00 Will probably require 2 more % . . -: Xrays 82.00 Medicare is processing the John Muir Hospital bill in,the amount of $279. 75. So far �Y�ave paid the hospi tai. :' ` X131.80 myfrom Me is e TOM'�P�g lgemordn- from Dr. Schiller. I also have Blue Shields h0ealtti insurance with Prudential (� deductbble• • s I i ' _7 . APPROVED OMB NO.onoo-0urn 3 PATIENIT CONTROL NUMBER 72 01015 10PATIENT'S LAST NAME FIRST NAME INITIAL I I I PATIENTS AOOP1FW MY STATE Zip T -A L 51 "'07 WALNUT CqFFK CA 9 5Q6 v2 SMTM DATE 13 WX 114 M5 I AIDIASSION 119 A.MJ20 O.H.121 STATjgZ STATEMENT gMRS PERIOD �=COV.D.124 N-C.M J25 r4A 13 LU. 27 'S DATE "R. 117rm FF40M IN 29 OCCURRENCE 31 OCCURRENCE 33 CO DATE I CO_ DATE ICO I DATE 1CO I DATE ICO I DATE Co FROM 34 CONDITION CODES I BLOOD RECORD(PtNTSI 144 SP- 46 35 40 FURN 141 W.K 142 NOT RP, 4 OM PROG- 490 N' CIVIC VR 5n? CO AMT Co AMT CO AMIT CO AMT WALNUT CREEK CA 94596 so DESCRIPTION 51 A.CODE 52 S.UNITS S3 TOTAL CMARGES 15A 03-01-84�0IiT, L"T-MITEO 7310( 63' 75 03 .13 ERCY, ',SERV [ OUR RECORD OF PART B MEDICARE BENEFITS USED Blue)Cross of Califomia P.O.Box 70000 Van Nuys,California 91470 PLEASE READ OTHER SIDE OF THIS NOTICE FOR IMPORTANT INFORMATION THIS IS NOT A BILL F DATE. 04/23/86 STEEVES S 490 N CIVIC DR 502 YOUR MEDICARE NUMBER -- W A L N U T CREEK C A 94596 HEALTH INSURANCE CLAIM NUMBER 375125986A L 1 731920 7650 ALWAYS USE THIS NUMBER WHEN 1 WRITING ABOUT YOUR CLAIM. PROVIDER NAME,ADDRESS AND STATE DATE OF FIRST SERVICE i OUR RECORDS SHOW JOHN MUIR MEMORIAL HOSP 03/03/86 YOU RECEIVED ■■� 1661 YGNACIO VALLEY RD LAST SERVICE SERVJCES FROM 03/03/86 050180 WALNUT CREEK CA94598 COVERED TYPE OF SERVICE ' CHARGES REMARKS EMERGENCY ROOM 80 . 25 RADIOLOGY 151 . 00 PROFESSIONAL COMP . — 0 . 00 151 .00 PHARMACY 8. 50 a. 239.75 TOTAL COVERED CHARGES 239 .75 1�$ 75- 00 OF YOUR 75.00 DEDUCTIBLE IS COUNTED TOWARD YOUR NOW MET FOR 86 3. $ 75. 00 PART B CASH DEDUCTIBLE ALL AMOUNTS PAYABLE BY YOU SHOULD BE PAID $ O • 0 O PART B BLOOD DEDUCTIBLE CHARGE DIRECTLY TO THE HOSPITAL. DO NOT SEND PAY- MENT TO BLUE CROSS OF CALIFORNIA. 3 2 . 9 5 (A,MINUS SUM ). $ COINSURANCE,20%OF OF B.+C.) TOTAL DEDUCTIBLE AND 2. AMOUNT YOU PAID $ 1 0 7. 9 5 COINSURANCE PAYABLE j » 107 . 07 .95 0 .00 .00 BY YOU PROVIDER BALANCE t A — E + DIAG LAS) 131 .80 s. 107. 95 « AMOUNT OWED PROVIDER 4. i (). Do REFUND (ENCLOSED) i BALANCE OF COVERED CHARGES 131 .80 « MEDICARE PAID FOR THESE SERVICES 8182 PLEASE READ OTHER SIDE OF THIS NOTICE FOR IMPORTANT INFORMATION. tJ a. 7 D D z • �t �Mm3�3>tn -� r� � a �� J�. � Z Cf)0 m m 7d R z o l� :molom +z to-4td � m .v Wz�iirnrn o 1gCti- D G v 3 �o H�3 z m r_ �3 oQ�c Amb r N Z v c . ,3 aOr F-40 nO a z cm -<rn H `t13 n -t { 20 ►�e['►ZZ0a .A m z o Y c� D -4>X a =fr'to Rri O i ]> K 31n G.'1D Cf r" r to o�1 tzl + '3mmb�c. r R tb2ln ° , tO 3 O'D { m�z ,.�ari~ wx,z� 3zr to amz*47. to Alar � M D o to i z "D z-1 -i m Inrilrl W Fs id a S .J m a 91 Cy'. �•+ H�►►-� r+ A►+n to 3 £ a ►-'� n ' mc�� _ z 0I 0. 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LL LLI o t'7L+} MM4) Mt'7C} F- F o = Q 1f QO ¢J V7 00000000 ¢ w O W U) 14 U 00000000D M m , U M w _ cc 4L �H .. oa. L o �td' d' � 444 {f7 a : ¢ r � . OD cocoM 000O? 0? ai aw r STATEMENT OF ACCOUNT DIABLO ORTHOPEDIC MEDICAL GROUP,INC. FROM 2230 Gladstone Drive 2121 Ygnaclo Valley Road ' r " P Pittsburg,CA 94565 Walnut Creek,CA 94598 Telephone:432-6481 Telephone:937-4330 DIABLO ORTHOPEDIC MEDICAL GROUP, INC. 1.C.F.Jaskiewicz,M.D. 2230 GLADSTONE DRIVE 2112.R.D.Flaig,M.D. 5115.D.H.Gustafson,M.D. PITTSBURG, CA 94565 3113 A.D.Schilling,M.D. v 6116.G.H.Sutherland,M.D. t REFERRING LIR: JOHN MUIR MEM HOSP, PATIENT: SALA STEEVES J INJURY: 03 03 86 EMP: CLAIM NO. : TO r I _1F SALA STEEVES 490 N CIVIC DRIVE #CU WALNUT CREEK, CA DIABLO ORTHOPEDIC MEDICAL GROUP, INC. 94596 2230 GLADSTONE DRIVE PITTSB4RG, CA 94565 L J L J AMOUNT DUE STATEMENT DATE PAYMENTS RECEIVED ACCOUNT NUM9E6PLEASE INDICATE A AFTER STATEMENT DATE MOUNT ENCLOSED, WILL APPEAR ON YOUR :^ 577. U0 04 25 86 NEXT STATEMENT. 860253-40 $ PLEASE DETACH AND RETURN TOP PORTION OF THIS STATEMENT WITH YOUR REMITTANCE FOR BILLING INQUIRY-CALL THE BUSINESS OFFICE (415)432-6483 or(415)825-7099 DATE DOCTORPAYMENTS AND ICD-9-CM CODE ;:DESCRIPtION ' PAt1ENT ' CHARGES MO, DAY YR. NO ADJUSTMENTS UNPAID BALANCE BROUGHT FORWARD 414. 0 04 14 56 13 73100 X—RAY WRIST LIMTD ,SALA 41.00 514.0 04 14 86 13 99070 ACE BANDAGE 2" SALA 3.00 S RV CES AT: JOHN MUIR MEMORIAL HOSP NEW HOURS FOR B I LL I NI QUESTIONS 10:00 AM TO N13ON & 1 :00 PM TO 5:00 PM TUESDAY THRI_I THRU'L DAY CALL 525-7099 OR 432-6483 ANALYSIS OF TOTAL AMOUNT CURRENT 30-60 DAYS 60-90 DAYS 90.120 DAYS OVER.120 DAYS.' _ - • 44. 00 533. 00 .00 .00 '00 577.00 PLEASE MAKE CHECKS SAVE THIS STATEMENT FOR PAYABLE TO DIABLO ORTHOPEDIC YOUR INCOME TAX RECORDS. I w ' 1 r JUN 3 1986 CLM Or summm cr M9 MCI• 2 CA FWIA �Od1A'D 1C'i'I�T Claim Asinst the County, E bistrict VMC 6 TO CLAD= �to i 7 ,19 8 6 governed by the Hoard of Supervisors, The ow s your pouting VAorsements, and Hoard octioe of the action taken an yor a e by the Action. all Section referanoes are board of Supervisors (Parasrao IT$ belcOt to California Government Codes given pursuant to Government Code Section 943 and 915.4• !lease sate all Wwarninw. Maimants John D. Spaulding •ttorwys Bennett, Samuelsen, Reynolds & Allard 332 19th St . MAY 2 7 1986 Sddreass Oakland, CA 94612 hand delivered Marti -oz, C.A.9455' Amounts See 1-ast paragraph. By delivery to clerk an May 20, 1986 nate Received: May 20, 1986 By mail, post marw Cc : Clerk -07 the Boar o Supe sots 16: y Attached is a copy of the above-noted claim. Dateds May 2.0, 1986 PfiIL, &ITOMM, Clerk, By Dep ty nth w es : COMEY cminsel, TD: ark sora (Check only one) This claim complies substantially with Sections 910 and 910.2. ( 'lois claim FAILS to comply substantially with Sections 910 and 910.29 and we ora s0 notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Maim is not timely filed. Clerk should return Claim an ground that it was tiled late and send warning of claimant's right to apply for leave to present a late claim (section 911.3). ( ) Others Dated: 7 Z7 XT By: puny county INS II2. FMS Clerk of the Hoard 10s (1) IVW=ty Counsel, (2) County Administrator r ( Maim was returned as untimely with notice to claimant (Section 911.3). IY. QtCER 8y UWdmots vote of supervisors prVsent 64 ?his claim is rejected in full. ( ) Others certify that this s a true correct 00 �s en in is Datedsmin1 71986 s rM DAMMM, Clark, By Q VAxxzpc3 (Gov. Code Section 913) Subject to oertain pt101W, you pave only Six (6) months room the date at qua moti0e was persocsally served or deposited in the nail to file a Chart action on thea Claim. les Government Code Section 945.6. You may seek the advice of an attorney of year &010e in oornsetion with this Etter. If you want to consult an attorney, you should do so immediately. v. nm: Clerk 0f the Board SCS Cl) County Owns!, (2) County Administrator •ttadied are copies of the above Claim. We notified the Claimant Cf the Board's action an this claim by mailing a oopy of this doaUMent, and a MW thavof has been filed and mxkrrsed ca the Hoard's copy of this Claim in t000rdar►oe With section 29703• ( ) • varning of Llaiaan •s right to apply !br lea to zVeent a late claim vas mailed to Claimant. ULTEN %%W 1 9 19A6 PSL BIITQG M s Meek, By a • Deputy Mork T rREEIVED ATCHELOR CLAIM FOR INDEMNITY �SUPERVISORS�`ST'A•CO.. 0, NAME OF CLAIMANT: John D. Spaulding ADDRESS OF CLAIMANT: P. 0. Box 7252 Salt Lake City, Utah 84107 ADDRESS TO WHICHiNOTICES ARE TO BE SENT: Bennett, Samuelsen, Reynolds & Allard A Professional Corporation Attorneys at Law 332 19th Street Oakland, CA 94612 Attention: Richard L. Reynolds ( 415 ) 444-7688 DATE OF ACCRUAL OR CAUSE OF ACTION: Claimant was served with summons and cross-complaint on April 4, 1986 in Oakland, California. A copy of said cross- complaint is attached to this claim as Exhibit A. CIRCUMSTANCES GIVING RISE TO CLAIM: Claimant John D. Spaulding was the owner of 15 Silverwood Court in Orinda. Long after the transfer and sale of the subject property by claimant, he was sued by his next-door neighbor, claiming that the drainage from claimant' s house caused either landslide or soils subsidence. Prior to the subsidence alleged in the underlying complaint attached hereto as Exhibit B, the County of Contra Costa installed a storm drainage system and introduced fill to a drainage gulley, which claimant is informed and believes may have added to or precipitated the subsidence problems alleged in plaintiffs ' complaint, for which cross- complainants seek indemnity from John D. Spaulding. Claimant Spaulding is informed and believes that the City of Orinda recently came into being, and therefore may have certain obligations with reference to the repair and maintenance of the storm drainage system. Claimant is informed and believes that the City of Orinda or County of Contra Costa have the power to correct said conditions alleged by plaintiffs Robert and Janet Arbuthnot to have adversely affected their property, and Robert and Janet Arbuthnot have claimed that a nuisance exists, the abatement of which may be in the control of the City of Orinda or County of Contra Costa. AMOUNT OF CLAIM: Contingent and undetermined. Plaintiffs in their complaint " claim $750, 000 in damage, plus additional items . Cross- complainants Getty Oil Company, et al. , seek indemnity from claimant John D. Spaulding if and in the event they are held liable to plaintiffs Robert and Janet Arbuthnot. Claimant John D. Spaulding alleges that if, and in the event, cross- complainant Getty Oil Company, et al. , establishes liability against claimant: John D. Spaulding, which liability is denied, then, and in that event, claimant would be entitled to indemnity from the City oflOrinda or County of Contra Costa to the extent that the negligence, actions or failure to act on the part of the City of Orinda and County of Contra Costa have caused or contributed to the damages claimed by Robert and Janet Arbuthnot in the underlying action. PUBLIC EMPLOYEESRESPONSIBLEFOR LOSS: Unknown at this time. DATED: May 5, 1986. BENNETT, SAMUELSEN, REYNOLDS & ALLARD By Richard L. Reynolds Page 2 i 1 HOWARD L. CHURCHILL BURNHILL, MOREHOUSE, BURFO:. 2 SCHOFIELD & SCHILLER, INC. 1220 Oakland Boulevard, Suite 200 3I Walnut Creek, Ca. 94596 (415 ) 937 4950 4 , Attorneys for Cross-Complainants 5 6 7 i i I 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA i I 9 IN AND FOR THE COUNTY OF CONTRA COSTA j 10 1 11 ROBERT M. ARBUTHNOT and No. 260214 JANET M. ARBUTHNOT, 12 CROSS-COMPLAINT FOR Plaintiffs, INDEMNITY 13 V. c�L 14 �, i RELOCATION REALTY SERVI E 15 CORPORATION, et al . , i Defendants . 16 / 17 , RELOCATION REALTY SERVICE CORPORATION; a Corporation, 18 GETTY OIL COMPANY, a Corporation, COMMERCIAL CREDIT 19 EQUIPMENT CORPORATION, a Corporation, MC CULLAGH 20 LEASING, INC. , a Corporation, t 211 Cross-Complainants , i 22 V. I i 23 JOHN D . SPAULDING, an Individual , and ROES 1 24 through 50 , inclusive, 25 Cross-Defendants . 26 / I 27COMES NOW Cross- Complainants above-named and cross- 28 complains against Cross-Defendant JOHN D. SPAULDING and for i I , 1 ' causes of action alleges a=: follows : 2 I FIRST CAUSE OF ACTION , 3 I 4 Cross-Defendants are and at all times mentioned were i 5 individuals, partnerships, associations, and corporations 6 doing business in the State of California. i 7 II 8 Cross-Defendants sued herein under the fictitious names 9 of ROES 1 through 50, inclusive, are sued hereunder pursuant 10 to the terms and provisions of California Code of Civil I 11 Procedure Section 474. Cross-Complainant is informed and 12 believes and thereon alleges that each of said Cross- 13 Defendant ROES are somehow legally responsible for the i 14 matters herein after alleged. Cross-Complainant does not at 15 this time know the true names and/or capacities of said 16 Cross-Defendants but prays that the same may be inserted i i 17 herein-when-ascertained. I i 18 III 19 That at all times herein mentioned, each Cross-Defendant 20 was an agent, servant, or an employee of the other Cross- 21 Defendants herein named; that at all of said times, each i 22 Cross-Defendant was acting within the course and scope of I 23 said agency, service, or employment. 24 IV 25 Plaintiff filed a Complaint in Contra Costa County 26 Superior Court bearing Action No. 260214 wherein Cross- 27 Complainants have been named as Defendants. Said Complaint 28 is incorporated hereat solely for purposes of reference as I i I 4 II 1 though fully set forth at _-::is point. 2 I V 3 The Cross-Complainants have denied generally and on 4 information and belief the material allegations contained in i 5 Plaintiff' s ' Complaint and have denied that Plaintiff is 6 entitled to any recovery whatsoever from Cross-Complainants 7 herein. If any liability exists to Plaintiff, which is 8 specifically' denied by Cross-Complainant herein, then and in 9 that event, said liability would be based on the primary and 10 active conduct of Cross-Defendants and each of them herein ! 11 whose conduct would be active, direct and primary, whereas 12 Cross-Complainants conduct would be secondary, passive, and i 13 indirect. i 14 VI i 15 That Cross-Complainant has heretofore demanded of Cross- 16 Defendants that they indemnify and hold Cross-Complainant 17 harmless from any and all liability and costs incurred 18 herein; and that said Cross-Defendants have refused and still 19 refuse to defend and indemnify and hold Cross-Complainant 20 harmless . ti I 21 VII i I i 22 That by reason of the foregoing, and actual and present 23 controversy exists between Cross-Complainants and Cross- 24 Defendants and each of them as to their respective rights, 25 duties, obligations and liabilities; that Cross-Complainants 26 contend that, Cross-Defendants and each of them are obligated 27 to. defend, indemnify and hold Cross-Complainants harmless and I 28 that any liability which exists as to Cross-Complainants and 1 I -3 - �i 1 its agents and employees ; if arises if at all , upon acts of 2 Cross-Complainants which were secondary, passive and indirect 3 while the action of Cross-Defendants above-described and 4 their agents and employees were primary, active and direct. 5 Cross-Defendlants and each of them contend to the contrary. i .- 6 WHEREFORE, Cross-Complainants pray for judgment as 7 hereinafter !set forth. 8 SECOND CAUSE OF ACTION 9 VIII 10 Cross-Complainants refer to and incorporate herein the 11 allegations set forth in Paragraphs 1 through 7 of the First 12 Cause of Action as though the same were again fully set forth f 13 hereat. ' 14 Ix i 15 In the event that Cross-Complainants herein incurs 16 liability to Plaintiff in the above-described action, said i 17 liability should extend only to the amount of damages which 18 are proportionate to the percentage of negligence or other 19 fault, if any, which is attributable solely to Cross- 20 Complainants and no more. Cross-Complainants prays that the i 21 comparative fault of all parties herein should be determined 22 in this action and responsibility should be determined in 23 accordance with comparative fault principles. Cross- 24 Complainants are entitled to contribution, comparative 25 indemnity, and apportionment for any liability imposed upon 26 it as a DefE tn4ant in said action. 27 x i 28 If Cross-Comolainants are found to be liable herein with -4- 1 any other Cross-Defendan --s herein, Cross-Complainants pray 2 that they be awarded judgment against said Cross-Defendants 3 and each of them so that liability may be apportioned between 4 and/or among Cross-Complainants and said Cross-Defendants and 5 each of them in proportion to the percentage of fault 6 attributable to each. Such equitable indemnification and/or 7 contribution is prayed for pursuant to the decision of i 8 American Motorcvcle Assn. v. Superior Court, (1978) 20 Cal.3d 9 578 . 10 WHEREFORE, Cross-Complainants pray for judgment against I 11 Cross-Defendants and each of them as follows : 12 1. For indemnification, reimbursement, and to be held 13 ' harmless and safe from any and all liability and I 14 expenses necessary and incident to the defense of I 15 the within action and any verdict rendered therein. 16 2 . To be indemnified and reimbursed for the reasonable 17 - value of all legal costs and fees expended in 18 defending said action. I 19 3 . For a declaration from the Court as to the 20 respective rights , duties and obligations and 21 liabilities of Cross-Complainants and Cross- 22 Defendants . I i 23 4 . For a declaration from the Court as to the 24 percentage of fault attributable to Cross- 25 Complainants , if any, and Cross-Defendants herein 26 and each of them; and 27 5. For such other and further relief as to the Court 28 I5 1 seems fit and prcper in the premises . 2 3 BURNHILL, MOREHOUSE, BURFORD, 4 SCHOFIELD & SCHILLER, INC. 5 L. CHURCHILL DATED : 3 j �� (� By 6 HOWARD L. CHURCHILL Attorneys for 7 Cross-Complainants 8 9 10 11 12 13 R 14 15 16 17 - y 18 i 19 20 t 21 22 23 24 i 25 26 s s 27 28 t 1 DECLARATION OF SERVICE MAIL (C.C.P. Section 2015.5) 2 3 I declare that : 4 I am employed in the County of Contra Costa, I am over the 5 age of eighteen years and not a party to the within cause; my 6 business address is 1220 Oakland Boulevard, Suite 200, Walnut r 7 Creek, Ca. 94596 . On March 25, 1986, I served the within - _ 8 CROSS-COMPLAINT FOR INDEMNITY 9 10 i i 11 in said action by placing a true copy thereof enclosed in a 12 sealed envelope with postage thereon fully prepaid, in the 13 United States Mail at Walnut Creek, California, addressed as 1 14 follows : f 15 Robert A. Nellessen Ericksen, Arbuthnot, et al . 16 Pier 1-1/2 , The Embarcadero San Francisco, Ca. 94111 i 17 Richard L. Reynolds 18 Bennett, Samuelsen, et a1. 332 - 19th Street 19 Oakland, Ca. 94612 20 4 21 22 i 23 I declare under penalty of perjury that the foregoing is true 24 and correct. 25 Executed on March 25 , 1986 , at Walnut Creek, Ca. 94596 . 26 27 S. M. Watkins 28 1 Robert M. Gerhardt , ERICKSEN, ARBUTHNOT, 1,:C . 2 Pier 1-1/2, The Embarca;?,-,rc I, San Francisco, CA 94111 3 (4 15) 362-7126 4 Attorneys for Plaintiffs ROBERT M. ARBUTHNOT and JANE'T 5 ARBUTHNOT 7 i $ li Si;'-ROP C,D 1ZT OF C:.Li.'0R::I 11 9 Ill COLD'..r OF CON'! [i:i COSTA 10 !� ROBERT :'-i. A!_:3UT::N0T an:. - u 2 14 12 13 Rc?.L ?ROPERTY AND -70R RrLOCATION REALi_ ZT7").`IC1_ ?nom _....r'_ ',N7 ? 14 CORPORATION; CONTROL DATA INJTU'CI'IONS TO CORPORATION; CO"MERCIAL NGISA2.D D'.' ::GAS _ 15 CREDIT EQUIPMENT CORPOR T1'_)` ; :1CCULLAGH LEASING, IvC . ; 16 GETTY OIL COMPANY; JO!" SPAULDING; and D07:S 1 17 1 inclusive , Defendants . 18 !� / 1_9 COMES NOW and JA'T':'!' 20 jj ARBU:'H,NOT, and _or C310SC o: ZiCtion allege : i� 21 I' ?IRS' C-+i;SL C;1' .,CT10N 22 (Damaccs) 23 1. Plaintiffs , ROBERT M. ARBUTHNOT arid JANET M. ARBUTHN'OT , 24 are and at ali times mentioned !icrein w,=re the o.,::crs 25 !j in possession cf certain real zroi erty in Contra C'esza 26 I+� County, commonly known as 21 Silvcz-woo, Court , 27 California (hereirr.:.i 'Ltcr "ARBUTN'N(Tr PRO?'ERTY") . 28 1 i • l � 2 . Defendant , JOHN SPAULDING, was during relevant times the 2 ` owner; in possession of certain real property in Contra 3 Costa' County, commonly known as 15 Silverwood Court , 1 4 Orinda , California (hereinafter "SPAULDING" property) . S 3. The SPAULDING property lies East of the ARBUTHNOT property . 6 4 . Defendant, RELOCATION REALTY SERVICE CORPORATION , is a 7 corporation existing by virtue of law and doing business 8 in the State of California . RELOCATION REALTY SERVICE 9 CORPORATION holds and has meld at relevant times an 10 I equitable or other property interest in the SPAULDING 11 it property and is in some manner interested in and responsible 12 for said property and the events hereinbelow alleged. i 13 I5 . Defendants , COMMERCIAL CREDIT EQUIPMENT CORPORATION and i� 14 MCCULLAGH LEASING, INC. , are corporations existing by 15 virtue of law and doing business in the State of California. 16 I COMMERCIAL CREDIT EQUIPMENT CORPORATION and McCULLAGH 17 i LEASING, INC . are corporations related to RELOCATION REALTY 18 SERVICE CORPORATION and also hold or have held property 1 19 interests in the SPAULDING property and are in some 71anner 20 interested in and responsible for sai6 property and the 21 events hereinbelow alleged. 22 6 . Defendant , CONTROL DATA CORPORATION , is a corporation existing 23 by virtue of law and doing business in the State of 24 California. CONTROL DATA CORPORATION is the corporate 25 parent of defenc'.ants RELOC::TI()?: R?'_ALT1 SER'JICE CORPO,ATIOti', 4 `26 COIKIMERCIAL CREDIT EQL'IP:'EN : CO:?P0-.:'-'iON and X-CULL:�GH 27 LEASING, J NC. and holds or has held a property f 28 interest �in the SPAULDI'v'G property or is in some other AW i 1 manner interested in and responsible for said property 2 and the events herei.n:;clow alleged . 3 7. Defendant, GETTY OIL COMPANY , is a corporation existing by 4 virtue ! of law and doing business in the State of California. 5 GETTY OIL COMPANY is or was the employer of defendant , 6 JOHN SPAULDING. GETTY OIL COMPANY removed defendant j i 7 SPAULDING ' S employment to Arizona and compensated him 8 for the surrender of the SPAULDING property through 9 I defendant RELOCATION REALTY SERVICE CORPORATION . GETTY OIL 10 COMPANY holds or has held a property interest in the ! I I 11 1� SPAULDING property . 12 118 . Plaintiffs are unaware of the true names and capacities of j 13 �I the defendants suet: herein as DOES 1 through 50 , inclusive . 14 Plaintiffs are informed and believe and thereon allege 15 that each of these fictitiously named defendants is i 16 responsible for the events hereinbelow alleged, and pray j 17 leave to allege their true names and capacities when 18 ` ascertained . i 19 9 . Plaintiffs are informed and believe and thereupon allege that 20 each defendant was the agent, employee or representative 21 of each of the others and that in doing all acts herein 22 described acted within the course and scope of such agency , 23 employment and representation. 24 10. Defendants , and each of them, at all times mentioned i 25 herein owned, occupied, operated, constructed, maintain,2;i , i 26 used or otherwise controlled the improved real property 27 herein referred to as the SPAULDING property, including 28 the structures , watercourses , anr? ,;r. 1 11 . On ori about JANUARY 31 , 1984 , plaintiffs discovered that 2 an improperly constructed or installed drainage pipe 3 on the SPAULDING property was and is so situated that it i 4 carries and discharges run-off water from the roof of the 5 residence on the SPAULDING property and significant f 6 amounts of other surface waters onto the ),RBUTHNOT property. i 7 12 . On or about JANUARY 31 , 1984 , plaintiffs Further discovered 8 that the discharge of waters from the aforementioned 9 drainage pipe on the SPAULDING property was causing 10 I severe erosion of soil on the ARBUTHNOT property.. i 11 13 . Plaintiffs are informed and believe and thereupon allege 12 that both before and since JANUARY 31 , 1904 , defendants , 13 and each of them, so nealigently and carelessly owned , 14 occupied, operated, constructed, used, and controlled 15 the SPAULDING property as to permit the discharge 16 1 of waters onto the ARBUTHNOT property causing significant 17 soil erosion. i 18 14 . The soil erosion proximately resulting from the carelessness 19 and ne(4ligence of defendants has drastically reduced the i l 20 lateral and undergrcund support of the ARBUTHNOT property 21 and has carried off a large quantity of surface soil . 22 15 . The soil erosion proximately resulting from the 23 carelessness and negligence of defendants places the yard, 24 fencing, and landscaping on the ARBUTHNOT property in 25 immediate danger of loss , and also threatens a swimminc i v26 pool--and the ARBUTHNOT residence . 27 16. As a proximate result of the aforedescribed carelessncss 28 and negligence of defendants , and each of them, both lip I 1 together and individually , plaintiffs have suffered damage 2 to their land and the free use and enjoyment thereof 3 in a precise sum undetermined but believed to be in I 4 excess of $ 750, 000 . 00 , together with prejudgment interest 5 on their damage award as provided by law . 6 1-M EREFORE, plaintiffs pray judgment as set forth below. 7 SECOND CAUSE OF ACTION 8 I (Nuisance) L7 . 9 Plaintiffs reallege and incorporate by reference each 10 , and every allegation of Paragraphs 1 through 16 , inclusive. 11 18 : At all times mentioned herein defendants and each of them, i 12 owned, occupied, operated, constructed, maintained, used , 13 or otherwise controlled the SPAULDING property in i 14 such a way as to constitute a continuing private nuisance . 15 19. Said ownership , occupancy , operation, construction, 4 16 maintenance , use, or control constitutes a nuisance I i 17 I within the meaning of Civil Code §3479 in that it is I 18 I an obstruction to the free use of plaintiffs ' propert,. , i 19 so as to interfere with plaintiffs ' right of comfortable 20I enjoyment of life anci property . 21 20 . At various times since FEBRUARY 3 , 1984 , plaintiffs have 22 communicated with defendants , giving notice of the 23 damage caused by said nuisance and requesting the abatement 24 thereof , but defendants have failed and continue to fail to 1 i 25 abal-e said nuisance . i � f ~26 !i21 . Defendants will , unless restrained by this Court , continue 27 1 to maintain said nuisance without the consent and acair:st � 21 I the will , and in violation o.7 the rights of plainti _`s . 1 II 22 . Unl'1s'Is de'cndants are restrainec! by order of this Court , I� 2I; LL :fill '. �_ necessary for plaintiffs to commence many � I 3 !, succ`2ssive actions against defendants , and each of them, 4 to sedum: compensation for damages sustained , thus, j I 5 requiring a multiplicity of suits , and plaintiffs will 6 Ii be daily threatened with destruction and loss of real i 7 ,! property ani improvements through soil erosion . i j I 8 � 23. Unless defendants are enjoined from continuing the I 9 maintenance of the aforesaid nuisance , plaintiffs will be I. 10 irreparably injured in an amount which cannot be i; 11 calculated in terms of money in the following respects : �i 12 �� (a) The usefulness and enconomic value of the 13 ! ARBUTHNOT property will be substantially 14 f diminished; and 15 �I (b) Plaintiffs will be deprived to a substantial i� 16 i extent of the use and occupancy of said property . I 17 x; 24 . Plaintiffs have no plain , speedy, or adequate remedy at i! 18 law, and injunctive relief as authorized by California 19 II Code of Civil Procedure §731 is appropriate . 20 25 . In maintaining said nuisance , defendants are acting with 21 full 'Knowledge of the consequences thereof and the damage 22 being caused to plaintiffs , and their conduct is willful , 23 oppressive, and malicious ; accordingly, plaintiffs are 24 it entitled to punitive damages against said defendants in 25 . '� . I� _- the sum of $1 , 000 , 000 . 00 . j 26 I WHEP.EFORE , plaintiffs pray judgment agains defendants , -_27 and each of them, as follows : I , 28 �� 1 1 . For general damages in the sum of $750 , 000 . 00 ; 2 2 . For a preliminary injunction , pending final juc:yr,ent , 3 restraining defendants from permitting the drain 4 on the SPAULDING property to carry and discharge - waters I waters onto the ARBUIHNOT property; 6 3 . For a permanent injunction, upon final hearing, 7 �I restraining defendants from permitting the drain I� 8 on the SPALLDING property to carry and discharge 9 I waters onto the ARBUTENIOT property ; 10 I 4 . For punitive damages in the sum of $1 , 000 , 000 . 00 ; I 11 5 . For costs of suit herein; and 12 6 . For such further relief as .the Court- 4n its 13 discretion deems proper. 14 DATED: JUNE 1 , 1984 . 15 ( ERICKSEN, ARBUTHNIOT, ^icCARTHY, KEARNEY & ivALSH , ItiC. 16 'I I 17 � R Leri �;. Gerha dt 18 19 20 21 22 23 24 5-11. 1 26 1� 27 28 1 Robert M. iGerhardt, Esq. ERICKSEN, '.ARBUTHNOT, McCARTHY , KEARN'EY s �,T,LSI� , INC . 2 Pierl-1/2 ,, The Embarcadero San Francisco, CA 94111 3 (4 15) 362-7126 4 Attorneys for Plaintiffs ROBERT M. ARBUTHNOT and JANET M. ARBUTHNOT 5 6 8 I SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 11 ROEERT M. ARBUTHNOT, et al . , 11 �� Plaintiffs , NO. 12 V. VERIFIC-.TION IN SUPPORT OF COI]PLAINT 13 2ELOCATION REALTY SERVICE CORPORATION , et al . , 14 Defendants . 15 16 WE, ROBERT M. ARBUTHNOT and JANET 1M. ARBUTHNOT, 17 declare as follows : 18 the are plaintiffs in the above entitled action . f � 19 ' We have read the foregoing complaint and know the 20 contents thereof. The same is true of our own 21 knowledge , except as to those matters which are 22 therein alleged on information and belief , and as to -23 those matters , we believe it to be true . 24 WE declare under penalty of perjury under the Laws 25 -of- the State of California that the foregoing is true and correct . 26 DATED: JUNE 1 , 1984 . 27 Robert M. Arbuthnot 2811 1 6 _ — BARD of SUMV SMS of CUM 0=1 OEM cu n�oMR► Maim Against the County, or bistrict ) VMCE 10 CI.AalA1rP June 17 , 1986 governed by the Board of Supervisors, ) She OW s WOUMent wMed to you 18 yo:a Routing Bhdorsemrnts. and Board ) notice of the action taken an your 01810 by the Action. All Section refetrenoas ars ) Hoard of Supervisors (Paragraph I99 below), to California Government Codes ) given ponsuant to Government Code Section 913 and 915.4. Please note all IrdarnIT . Claimant: Shane Sellers -011i!tV CUrsel Attorney: William Barry Balamuth MAY 1 1986 Address: Belzer,Jackl, Katzen, Hulchiy, Murray & Balamuth Martinez, CA 94553 2033 N. Main St . , Ste. 700 hand delivered mount: Walnut Creek, CA 94596 By delivery to clerk on _ry 1 h 1 9A6 Date Rsoei ved: May 16, 1986 By mail, postmarked on Mork of the Board of Supe sora 10: C4XMty MaZ Attached is a copy of the above-noted chis...\, Dated: May 19- 1986 PHIL BATQHr1AR, Clark,, ey DeR y C hy 11ii6wles t : County Counsif 70t cifft or the Board of 34imscrs (Check only one) (K) ?his claim oampliea substantially with Sections 910 and 910.2. ( ) this claim FAILS to comply substantially with Sections 910 and 910.29 and we are so notifying claimant. The Board oannot act for 15 days (Section 910.80. ( ) Maim is not timely filed. Clerk should return claim on grand that it was filed late and send warning of claimant's right to apply for leave to t a late claim (Section 911.3). Other: Dated: By: Deputy ty Counsel III. PRD: Clerk of the Board 10: (1) ty Counsel, (2) County Administrator ( ) Maim was returned as untimely with notice to claimant (Section 911.3). I9. DDARD ORDER By unanimous vote of Supervisors present (04 This claim is rejected in full. ( ) Other: oerti y that this is a true and correct Dopy f the Board's Order en in is ain�tes for this date. 0 Dated: N 1 7 1q.QA PHIL BATCHELM, Mork, By , Deputy Clerk MARN M (Gov. Code Section 913) Subject to certain aweptions, you have only siz (6) months from the date of this notice vas personally served ar deposited in the mail to file a court action on this 01-10. See Government Code Section 945.6. You my seek the advice of an attormey of your choice in omvmtion with this matter. If you want to consult an attorney, you should do so immediately. 9. PROM: Mork of the Board 70: (1) County Cournsel, (2) Canty Administrator Attached are copies of the above claim. V9 notified the claimant of the Board's action an this claim by mailing a copy of this dootment, and a oris mo thereof has been filed and endorsed on the Board's copy of this Maim in t000rdance with Section 29703. ( ) A warning of clalmantto right to apply for lea to t a late claim No wiled tn DATED: amh IM VWME r+OR, Merk, By � Deputy Mark AW OFFIC:3S OF BAR,JAcKL,KATzEr,!WuLcmy,MURRAY&BALAmuTH V.JAMES JACKL THE PER!EXECUTIVE CENTRE ROBERT A.BELZER 2033 N.MAIN STREET,SUITE 700 LINDA R.KATZEN WALNUT CREEK,CALIFORNIA 94596 OAKLAND OFFICE NICHOLAS P.HULCHIY ORDWAY BUILDING,SUITE 1350 WILLIAM J.MURRAY TELEPHONE:(415)932-8500 ONE KAISER PLAZA WM.BARRY BALAMUTH TELEFAX:14151 932-1981 OAKLAND,CALIFORNIA 94812 LORI J.GUALCO ' (415)444-8400 DAVID J.ELEFANT PATRICK M.MACIAS J.DANIEL DUNLAP May 16, 1986 REPLY TO:WALNUT CREEK Hand-Delivered Clerk Board of Supervisors Contra Costa County County Administration Building 651 Pine Street, Room 106 Martinez, California 94553 Re: Claim by Shane Sellers Please be advised that the law firm of Belzer, Jackl, Katzen, Hulchiy, Murray & Balamuth represents Shane Sellers in connection with the enclosed claim. This is a companion claim to the one filed by Pami D. Hager, widow of Charles William Hager. Please telephone this office if you desire to discuss the particulars. Thank you for your courtesy and cooperation. Sincerely yours, BELZER, JACKL, KATZEN, HULCHIY, MURRAY & BALAMUTH -r.aB*?TryB�alamuth WBB/ces Enclosure cc: Mr. Shane Sellers Instructions to Claimant Claims relating to causes; of action for death or for injury to person or to personal ,!yope'rty or growing crops must be presented not later than the 100th day after the accrual of the cause of ,action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) S. Claims must be filed with the' Clerk of the Board of Supervisors at its office in Room 106 , County AcLn.inistration Building, 651 Pine Street, Martinet, Ca 94553 (-or mail to P.O. Box 911 , Martinez, _CA) ; 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 end of this fora. RE: Claim by ) Reserved for Clerk' s JE stamps Shane Sellers ) - ' RECEIV ) ?against the COUNTY OF CONTRA COSTA) MAY ILP 19 1 or DISTRICT) �� wai� noF �A (Fill in name) ) s The undersigned claimant hereby Makes claim against the 66ty of Contra Costa or the above-named District in the sum of $in excess of $100.000 and in support of this claim represents as follows: ------rr.---.�.�-------------rr.ter-rr------r------------------ ---------r-•�- 1. Wnen did the damage or injury occur? (Give exact date and hour) February 16, .1986, at approximately 9 : 30 a.m. 2 "dere 313 the damage or inZury occur? (Include city and county) Contra Costa County Flood Control District, Walnut Creek Channel, Walnut Creek, CA. r--...�.�r-r-- .--•�----�--r.�--�-�--_------r-rr r----Z-- -rr.�rT.�-r-------r 3. How did the damage or injury occur? (Give rs1l details, use extra sheets if required) Claimant suffered personal and emotional injuries when his raft capsized in the Channel; he almost drowned; and his companion, Charles William Hager, .did drown. - �Ihatrparticula'r-------------------- I-------------- --r- ---- ,. of county or d act or omission on the pari ,. srict officers , servants or employees caused the injury or damage? Please :see Exhibit A incorporated herein by this reference. ;oder) 5. what are the names of county or district officers , servants!-or • employees causing the damage or injury? ' Unknown. • ____ __ -------------------------------------------- 1ghat damage or injuries cc you clm resulted:' (Give ut extet of injuries or damages claimed. Attach two estimates for autc damage) Personal injuries, severe emotional distress, emotional trauma, past and future medical . bills, lost wages. --------------------=---------------------------------------------------•-- 7. Yow was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Actual medical bills, lost wages, pain and suffering. ------------------------------------------------------------------------ 8. 2James and addresses of witnesses, doctors and hospitals. Charles W. Hager, deceased; Mt. Diablo Hospital. 9. Lisp the expenditures you maae on account of this accident or injury: DATE 'ITEM AMOUNT 2/86-5/86 -.Medical expenses To be determined 2/86-5/86 Lost wages Approximately $2, 500 Govt. Code Sec. 910.2 provides: "The claim signed by .the claia.` SEND NOTICES TO: (Attorney) or bC. some person on his behal r Name and Address of Attorney S4J ( Jj Wm. Barry Balamuth, Esq. 4Ca4i12mF=Za nts Signature: Belzer, Jackl, Katzen, Hulchiy, 2834 Fos kett Avenue Murray & Balamuth Address 2033 N. Main Street, ..Suite 700 Concord, CA 94520 Walnut Creek, California 94596 Te ephone No. (41S) A,1?-RSnn Telephone No. **�lryr**,k�rs��r�r�**�e*,t*w+hye�kyr�t�r*�r�►1�r*yr�r*�r,t�,h*,t♦r********r�*,k*yr�r rt*qtr*****fir*******yrx�. NOTICE Section 72 of the Penal Code provides: I - "Every person who, with intent to defraud, presents for allowance or for payment to any state- board or officer , or to any county, town, city district, ward or village board or officer., authorized to allow or pay -the same if genuine, any false or fraudulent claim, bill, account, vouch*::- . or writing', is guilty of a felony." EXHIBIT A The County, City, and Flood Control District failed to 'pr'operly warn claimant that what appeared to be a natural creek was part of the Flood District, and that the creek flowed into a dangerous channel in which the claimant was trapped and injured. The County, City, and Flood Control District also failed to properly maintain fencing along the creek and channel, thereby creating an attractive nuisance. The area where claimant entered the creek was behind Los Lomas High School. There are no posted warnings that the creek is part of the Flood Control Canal, nor are there any warnings in the course of the creek or channel. The County, City, and Flood Control District had sufficient notice that dangerous conditions existed for individuals who entered the creek and canal, but failed to warn claimant of those conditions. KARD OF Suraw n of dWCANW pose cmiff clam"= Clain Wnst the County, er Me ettlUMCLTO CLAD= June* 17, 198E governed by the Board of Supervisflcs, 7be oapy mailed to you Is wow Routing Fisdorsements, and Board notice of the notion takam an your aloin by WO Action, All Section references ars Board of guper+dsors (Paragraph To, balvw)• to California Government Codes given pursuant to covernoemt Code Section 913 and 915.4. please note all eiiarili jU Claimants Mary Roque MAY 2 0,,i5 Attorntys Pelletreau, Moses , Larson,Alderson & Jacobsmeyer 2090 23rd St. "'dEi�C��z, i .� Addrersss San Pablo, CA 94806 �. h r Veeeryl itvoe �k an May 20, 1986 AINDWU $2 , 156 , 000. 00 Date Beoeivads May 20, 1986 By Mile postmarked m Clerk of the Board of Supe cors 70: MEEF Maio Attached is a copy of the above-noted plain. Dsteds May 2 0, 19 8 6 per, SkTOM , Mark, By 0- Dap ty UaLny : Cbunty Counsil 2D: ark tors (Check only one) V) This claim oomplies substantially with Sections 910 and 910.2. ( ) This claim FAILS to oamply substantially with Sections 910 and 910.2, and we art so notifying claimant. The Hoard cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim an ground that it vas tiled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others Dated: Bye Deputy ty I III. VROMs Qerk of the Board 70: (1) ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BDARD aRDER By unanimous vote of Supervisors present 7018 claim is rejected in full. ( ) Other: certify that this is a true EO correctoo the Board's Order am in is minutes for this date. Dateds PHIL BA10MM 9 Clerk, �► LbeputyMark iiAR M (00v. Cade Section 913) Subject to certain exoeptions, 7w have only six (6)-nonths ftwm the date at wo notice was personally served or deposited in the mail to file a court action on this elaia. See Government Code Section 945.6. You nay seek the advice of an attorney of Wur ahcioe in ocaneetian with this natter. If you rant to consult an attorney, you should do so lmwdiately. T. nM: Clark of the Hoard 70: Cl) County Counsel, (2) Comity Administrator Attached are copies of the above claim. Ve notified the claimant of the Board's action an this claim by smiling a oopy of this doatmwt, and a Memo thereof has been filed and andweed an the Board's copy of this Claim in a000rdanoe with Section 29703. ( ) A earning of ci�0s right to apply for lea to VWmagnt a late claim was nailed to&11101h DATM2 �, EiTQffI�R. Clmrk. �► 0., ,,. o , D _ ftkm&y Clerk ` CLAIM AGAINST PUBLIC ENTITY i TO: County of Contra Costa Administration Building Martinez , CA I Claimant' s Name and Address Address for Notices: Mary Roque Pelletreau, Moses, Larson, 12900 Brook Park Road Alderson & Jacobsmeyer Oakland, CA 94619 2090 23rd Street San Pablo, CA 94806 Date of Occurrence Location of Occurrence San Pablo Dam Road, 2/27/86 2739 West of Bear Creek Road Contra Costa County, CA Circumstances of the Occurrence: A vehicle driven by J. M. Rourick collided with a vehicle driven by Manuel Roque causing his death: The accident may have been caused by defective and faulty road conditions and failure to warn on the part of the County and this claim is being filed to comply with time requirements to permit an investigation into the cause of the accident. Description of Injury and Damage: Wrongful death of Manuel Roque and the resulting damages and losses to Mary Roque his surviving spouse. Name of Public Employee Causing the Injury and Damage: Unknown at this time. The Amount Claimed as of Date of Presentation and RECEIVED the Basis of Computation: Loss of Support $1 , 150 ,000.00 MAY�o 29?j P IL 8A General Damages 1 ,000 ,000.00 LSA 0 CM LOq Funeral & Burial Expenses 6 ,000. 00 ea F Tveo� OAS PELLETREAU, MOSES, LARSON, ALDERSO Y& JACOBSM E DATE: llv ��O By Attorneys or Claimant �D!►R'D ap GW or CCOSTA C=fi, GLIlC�IA June •17 , 1986 Claim Against the Cmmty, or District sma !� A.ADCwlfi' ed to L Acta* sovermed b? the Board of Supe�r►isors, Ase copy a pouting Vowsawmta, and Board wtice of the action taken m lour b! tae Action. 211 Section reference ars Board at Superdsors owwpvo Xyl upwlor), to California Goverrssent Codes given psrsuant to Government Cods Section 113 and 915.4. dense note all efiandaw. M&&Not, Susan E. Preston Attawy: COU-Ity coUnsel Address: 320 T aho s. Rd. ' MAY 2 1.1986 , Orinda, CA 94563 �soupt s $105 , 000. 00 By dell vwT to Clerk on _ `�'�'�'"`::= = `�r► ►5 3 Date Beoeiwd: May 21 , 1986 By nail, p0etmarksd On „ M;;,^2, 1 C)-R(; TXm erk o the Boar o Supe ra so ! y Attached is a copy of the above-noted claim. am I May 21 Rift. HItT'�+GR Clerk By Deputy hated: v . 19 8 6 s , • ! County counsel 7DS a0�'a (Check only me) ( ) 2ble claim oomplies substantially with Sections 910 and 920.2. (�) nis claim FRMS to ocaply substantially with Sections 910 and 910.29 and we ora so notifying claimant. The Board oannot act for 15 days (Section 910.8). { ) Claim is not timely tiled. Clerk should return elaim on ground that it wes filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others mated: ey! pate ty III. nems - , erk of the Board 10: (1) County Counsel, (2) County Administratcr r ( ) Clain was returned as untimely with notice to claimant (Section 941.3). IV. 3000 By unanimous vote of Supervisors present pO psis Claim is rejected in full• { ) Others oerti y the -this In a true iM correct 00py, the 'a Order en is admitaft for this date. Dated: JUN 171286 Nn IMTMELM, Clerk, ft L , nepAy Mark MARNM (Gov. Code Section 913) Bubjeet to Certain exceptions, lou have only aiz (6) Sondes Aram the &to or thin notice has persorsally served or deposited in the aril to file a Court nation an thSs alai=• See Government Code Section 445.6.. sou may seek the advice of an att Rwy of law Cholas in ton with this =atter. It you want to consult an attorney, fou should do so immediately. V. lflCfi: Clerk of the Board IN (1) County Oaunesl, e2) Covtlty Administrator Attached are copies of the above claim. ale aotitied the claimant of the Bnard's aetion on this claim by mailing a oopy of this document, and a memo thereof hay bm filed and endorsed an the Board's copy of this Claim in zoordance with Section 29703. ( ) A warning of el■inant•s right to apply rw lea to t a late claim woes wailed to claimant. DATED: AM 1, g teorz PM D1 , Clerk, DY L� —A a Deputy Mark ryg M TO: BOARD OF SUPERVISORS OF CONTRA CC**QQIWWappticationto: Instructions, to ClaimantC!erk of the Board M rtinez,Califomia 94553 A. Claims relating to causes of action for death or or injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) 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 , California 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 end oT this form. RE: Claim by )Reserved for Clerk's filing stamps RECEIVED Against the COUNTY OF CONTRA COSTA) MAY ;U 198i or DISTRICT) PHIL SA CH Lo" F i t I n name ) RD AERVI Rs TRA T CO. ley ty The undersigned claimant hereby makes claim against the unty of Contra Costa or the above-named District in the sum of and in support of this claim represents as follows: ------- ---------------- ------ ---------------- --_== ---- i. When did the damage or injury occur? (Give exact date and_hourj 3 — �. W�iere did-tie damage or in3ury occur? (Inciude city and county -ua rte/, %i 1 TV, 0 x) C' O N 7 R A U S F Ff co v N 7- 3T How did the damage or injury occur? (Give iu�I details, use ezt=ate sheets if required) /,3j l G G 4. What particular .act or omission on the part of county or district officers, servants or employees caused the injury or damage? � IT 6 4C2 (over) S. What are the names of county or digtrict officers, servants or*-- --' employees causing the damage or injury? b. What damage or tn�uries do you claim resu�te�? ZGtve �u�� extent ofinjuries or damages claimed. Attach two estimates for auto damagelirtiws�/� G _ ?. How as the amount claimed ove computed? - --- ------ - --- (Include he estimate amount of "any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. N /R- ITEM AMOUNT v/ s S, I Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney r- '�- Claimant s Signature 3 s Rat Address 1 N DA G� �-Ys 63 Telephone No. Telephone No. 5'— Rrr�t+t**�:t��::ire*:�**fe��*�*�e��,�::art:**tt���r�r**�*�rt�f�f*:**R�t*:f*��t**t*art*� 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of .a felony. " - Z CLEM JIDARD OF Ar9Ls w W cowl 001olcli. CFZIID�II Claim Against the ftmty, or tdotrict Q 10 Cum41Q June 17 , 1986 govwmed by the Board or Supervinm a The C. s ad to 1001 is los' Routing Endorsements I and Board notice of the action taken an lots' by the action. All Section referanosa ars Board of Supervisors (para rob I9, bosom. to California_Government 'Codes given pursuant to Goverment Code Section 9L3 and 915.4• !lease note all wwar nbse. Claimants Pacific Gas & Electric Co. County Counsel AttorneysMAY 2 ? 1986 Address 1030 Detroit Ave . Transmittal Martinez, CA,,945�3 Concord, CA 94518 Anonts $1, 778 . 68 By delivery to Clark an _ May 21 , 1986 nate Reoeiveds May 2 1986 DY mail, postmarlad m . ark R the of Supervisors WS y MZiO Attached is a copy of the above-noted claim. 0 nateds May 24, 1986 pM UTC MM, Mark, Dy CaTny w es • s y = Markvat's (Check only one) (� 7his claim oamplies substantially with Sections 910 and 910.2. ( fts claim FAILS to oamply substantially With Sections 9110 and 910.2, mnd tw We so notifying claimant. The Board cannot act for 15 days (.Section 910.8). ( ) Claim is not timely filed. Clerk should return claim an wand that it Was tiled late and send ming of claimant's right to apply for leave to present a late claim (Section 911-3)- Others 11.3)•Others Dated: By: putt' COMEY III. nCH: Park of the Board 10: (1) 06imty Coansele (2) County Administrator r ( Claim Was returned as u ntLeely With notice to claimant (Section 911.3). IV. Dow By unanimous vote or Supervisors present !his claim is resected in lull. ( ) Others oerLi y that this In a true And correct Dopy tine Board's am in is minutes for this date. Dated: N PHIL SAT MMM, Marko Dy � Deputy Rork YLVM (OCT. Code Section 913) aubseet to Certain atoeptians1 lou Lave only sit (6) months loam the data at thia notioe Was personally served or deposited in the mail to file a ooK action on tors Claim. ase Government Code Section 945.6. You say seek the advice or an attonwy of low choice in Owvwction with this matter- If YOU Want to consult an att mey, you should do so Immediately. T. 2llW: Clark of the board SDs Cl) County Coansell, (2) County Administrator Attached are copies of the above claim. We notified the Claimant Cr the Doard's action an this claim by mailing a Copy of this dociftento and a memo thereof by Omen filed and endorsed on the board's copy or this Claim in a000rdanoe With Section 29703. ( ) A warming or claret's right to apply rw lea to t a to claim was iled to �arnt. ' � . w nl'*CT►. it M 1 Q 1QRR WIM. LMS? %ova*a rt.1, ' J PAC I F T C GAS ANIS E LE C TR I C COMPANY PGandE --1-1030 DETROIT AVENUE * CONCORD, CALIFORNIA 94518-2487 ('�nRfr v7S`n A P R 1986 March 20 , 1986 Contra Costa County. Public Works Department Attn: Mr. Tom Borman 651 Pine Street Martinez, CA 94553 Dear Mr. Borman: Enclosed is our invoice for $1 , 778 . 68 covering the cost of repairs made necessary as the result of the accident on September 22 , 1985 , when a road grader struck and broke our facilities on the west side of Vasco Road, seven poles south of Camino Diablo, Brentwood. If you carry property damage insurance and desire that we refer our claim to your insurance carrier, we will be pleased to do so upon receipt of the name and address of the company. If you are not insured, information as to your plan for settlement is requested within 15 days of this letter. Please mail your payment in the enclosed self addressed envelope. If you have any questions, please call me at 674-6460 . Sincerely, !Susan J. Piper Customer Services Representative SJP: ljs Enclosures 2 RECEIV A/R #C85-6018 'ED g MAY I 1 PHIL B TCHELOR LEA AAO SUPERVISOR$ TRA OSTA C ey y P Cp►an—d E Pacific Gas and Electric Company SUNDRY SALES INVOICE 6074503421170500938903177868YY COPIES 4 D&C Number Invoice Date UJG-5093893-0 3/15/861 177868 CONTRA COSTA COUNTY PUBLIC WOR TOM BORMAN 177868 UJG TJG 651 PINE ST MARTINEZ CA 94553 5093893-0 C85-6018 PLEASE PAY THIS $11778.68 AMOUNT Please return this portion with payment- Bring entire bill when making payment in office. ------------------------------------------------------------------------------------------------------ W1Cn office '"g111QSGO CONTRA COSTA COUNTY PUBLIC WOR OW office a; 1030 DETROIT AVE D&C Number CONCORD CA 94518 UJG-5093893-0 (415) 686-5440 MARCH 15, 1986 ACCIDENT REPORT NO C85-6018 WO 210420B DESCRIPTION AMOUNT COST TO REPAIR COMPANY FACILITIES DAMAGED 9-22-85 REPLACE 40FT JOINT POLE DUE TO GRADER POLE ACCIDEN VASCO RD 7POLES S/0 CAMINO DIABLO BRENTWOOD LABOR : HOURS 8 . 0 ST 1 , 135.68 TOOL EXPENSE 56 . 00 CONSTRUCTION EQUIPMENT 16 . 0 HOURS 304 . 00 MATERIALS AND SUPPLIES 283. 00 1-40 ' POLE I I TOTAL AMOUNT NOW DUE $1,778.68 UJG 5093893 THIS BILL IS NOW DUE AND PAYABLE 61-4657 110-82) OP zurwylsm OP C5W WRA OOMY L . �A1� ALTI'AQ Claim ABlfwt the CoUntfs cr District VMCB 10CLAIliABT June' 17 , 1986 governed by the Board of Supervisor's, 2!e ow s ed to Im Is Par Routing worsements, and Board niotioe of the notion taken on your alma by the Action. All Section references are Board of Supe dsors Nra5ra1* No below). to California G_ovam meet Codes givers pursuant to Coveramecst Code Seotien 913 and 915.4• Please note all warning Claimants Iradj & Beverly Moazed �'nivity COURSE AttorvWt Donald Curran 629 Oakland Ave. MAY 2 Q.198b Addrssss Oakland, CA 94611 iwunts $50, 000. 00 By delivery to clerk an �rta3'fEfCz, C4 6� Date Aeoelveds May 20 , 1986 By aa11, p09timar1W m May 19 - 11986 erk R the !—MR of Supe sore lbs y Attached is a copy of the above-noted chin. Dateds May 20 , 19 8 6 PHIL BATCHELOR, Clark, By Deputy rattyKnow s F104: County Counsiff 70: Mark sots (Check only me) V) Ibis claim o®plies substantially with Sections 910 and 910.2. ( ) fbis claim FAILS to comply substantially with Sections 910 and 9110.2, and we as so notifying claimant. 7be Board cannot act for 15 days (Section 910.6). ( ) Maim is not timely filed. Clerk should return claim ars ground that it was f1led late and send srarnir of claimant's right to apply for leave to present a late claim (Section 911.31. ( ) Others Dateds By: pAY Cbmty III. rxm: - - erk of the Board 10: (1) ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I9. BDARD am= By unanimous vote of Supervisors present PSS this claim is rejected in full. ( ) Others ceoftrtify y that this is a true E correct copy, the to Order en is Dated: _ - __171986 s �P�. BATC MM 9 Clark, Dir . DepuCy Clank VAANM (acv. Code Section 943) Subject to oartain esoeptians, you have only six (6)-menus from the data of this notice wan personally served or deposited in the tail to file a court aotien ee this alala. ase Govarnmt Code Section 945.6. Tau ray seek the advice of an attorney of your dnioe in connection With this tatter. If you rant to consult an attorney, you should do so imediately. V. !AGMs Clark of the Board Zbs Cl) C1Wx9t7 CWJW1q (2) Cosoty Administrator Attached are copies of the abase claim. Ne notified the claimant of the Board's action an this claim by tailing a copy of this doeument, and a tomo thereof has been filed and sodorsed on the Board's copy of this Claim in a000rdance with Section 29703• ( ) A warning claimant's right to apply fon let. a to t • claim way tailed to DATED: UIN 1 9 1986 WZ BATQ�Ak, Clark. By AAAA,,. ,Q.r.�„ i� . Devut-V Clerk aCLAIM TO: BOARD OF SUPERVISORS OF CONTRA C(**�PP{icationto: Instructions to ClaimantVerk oithe Board (.S/P,„ e Sfy pyo 6 M rtinez,Califom{a 94553 A. Claims relating to causes of action for death or or injury to ,person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its off-ice in Room 106, County Administration Building, 651 Pine Street, Martinez, California 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 end of this form. RE: Claim by )ReservedERE ' stamps IVED � �isasAgainst the COUNTY OF CONTRA COSTA) CMELORor DISTRICT) PERV RSFit in name ) rA co The undersigned claimant hereby makes claim against the ounty of Contra Costa or the above-named District in the sum of S :E0 oo a and in support of this claim represents as follows: ------------------------ -------------------------------- ---- --- I. When did the damage or injury occur? (Give exact date ani hour] �. W�iere�"did—tie- ama-e-9 -JurY occur? (InciueciY d-coui� - - j 3T How did the damage or injury occur? (Give'luii $etaiis, use extra sheets if required) ec ap 4. What larticul act or omission n the-jai of county or di trict officers, servants or employees caused the injury or damage? (over) 5.4 "a,kt are the names of county or district officers, servants or— ---' employees causing the damage or injury? 5. wha damage or in cries do you claim resuItean? Give dull extent of injuries or damages claimed. Attach two estimates for auto damage) 7. Row was the amount cl imed above computed Include the estimate3_ amount of ' any prospective injury or damage. ) o (A �S/ cls 8. Names a d addresses of witnesses, doctors and pi ls. 9. L t the expend tures you made on account of this accident or injury: ITEM AMOUNT �a Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) orby sone person oA his behalf. " Name and Address of Attorney a Claima sgnature Address 9 Telephone No. Telephone No. 2-5--9e—e? 7_31V NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents £or allowance or for payment to any state board or officer, . or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " U A3X LOW OP SU vis-i RS GF COW 008rl ODU1P1T. CAI qXHA • ARD WrzW June '17 , 198(- Clain Against the County, Cr 2detrIct M7lTCE =C Q.AD�tAIR governed by the Hoard of &pervisors, 1lhe copy led toL yon' Routing Brno ta, and Board mtioe of the action taken an yoer CM- by the Action. All Section references are Board of Supervisors (Paragraph ITO belch), to Califamia Government Codes ) given ptasuant to Goverment Code Seoti&o 213 and 915.x• 'lease note all eNarni�s" Claimants Randy Lee Gutschenri.tter ,. coUitU Ceursel Attorrsey: MAY 2 0 1986 Address: 901 Court St. Martinez, CA 94,� Module Djt5A transmittal Amounts Martinez, CA By delivery to Clerk 0n May 19 , 1986 $150. 00 Hate Received: May 19 , 1986 By nail, postmarked an . Clerk of the Board of Supe son's =Os azEy aiaiiz AttacW is a copy of the above-noted claim. Dated: May 20 , 1986 PHIL HATQiIIAR, Clerk, By Deputy y &VqwTe5 : County Co+a s : Clark-or .ors (Check only one) V) This claim complies substantially with Sections 910 end 940.2. ( ) =his claim FAILS to comply substantially with Sections 910 and 910.29 and we we so notifying claimant. The Board cannot act for 15 days (,section 910.8). ( ) Claim is not timely filed. Clerk should return claim an gTosasd that it was tiled late and send warning of claimant's right to apply for leave to present a late -claim (Section 911.3). ( ) Others Dated: By:-7- Deputy Ominty Counsel in. m: . - erk of the Board 70s (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section I9. Dow By unanimous vote of Supervisors present ?his Claim is rejected in Lull. ( ) Others certify that this Is a true and correct Copy f Boardia Order em in Its for this date. 7 NAG PHIL BAT'MLM, Clerk, ey , Deptnty Clerk MAMM (Gov. Oode Section 9113) Subject to certain exceptions, you have only six (6) months Dram the date of tBis notice was personally served ar deposited in the mail to tale a court action on this Claim. Bee Govwmment Code Scotian 945.6. You Yy seek the advice of an atta-ney of yar &%0109 in oonrneetion with t im matter. It you want to Consult an attorney, yW should do so immediately. T. nMi Clerk of the Board 'los CO OWWty Oxnseel, (2) County Administrator Attadwd are Copies of the above claim. Ve notified the Claimant of the Beard's action an this Claim by mailing a oopy of this Womwnt, and a memo thereof has bean tiled and andarsed an the Board's Copy of this Claim in t* rdw= with Aeation 29703• ( ) A warnningg br lea 5 of claimant's right to aWy ! to t a to claim was mailed to DATEN i 9 186 HM BATL�it a g Mark, By � Deputy Clerk BOARD OF SUPERVISORS OF CONTRA CO T..krF pplicationto• • Instructions to ClaimantVerk of the Board .0.Box 911 Martinez,California 94353 A. Claims relating to causes 'of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of . action. Zlaims relating to any other cause of action must be . presented not later than one year after the accrual of the Cause of action. (Sec. 911.2, Govt. Code) 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, California 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 end of this form. �r*�*�*�s***�*�**��*�**�****�*��*��***f�**�**waw*�*�*�******�**���tw*•***� RE: Claim by )Reserve stamps RECEIVED 7W 4: L, MAY 19 Against the COUNTY OF CONTRA COSTA) �g85 or DISTRICT) AC" ARDFPC" qV RS TRAA�Fi n name . .,, The undersigned claimant hereby makes claim &gains the County of Contra Costa or the above-named District in the sum of $ IS� and in support of this claim represents as follows: �. When did the damage orn�ury occur? Give exact date and hour] - r rv,,C- 3E7waEN gio-6 /4 tip �3a�i� �. WFiere �i�-tFie damage or in3ury occur? Include city and countyf iN i-4 0 j 3. How did the damage or injury occur? Give �u�I �etai�s, use extra_ . sheets if required) -- ----=-s-------=-------s--T---------=------------------- ---T----- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) ' • i 77 ,may' ` INMATE REQUEST CONTRA' COSTA T TON FACILITY t NAME: v!_ � T7 t Last First Mi.ddle f DATE: S r MODULE: ROOM HEC ONE: .;. /RE lIE T GRE ANCE APPEA ": ; - 1.17 = �Q; $ Q . V . -0 ; ...�- REQUEST: i`.1-4 t , i ------------------------------------------------------------- RECEIVED BY: : k- ROUTED TO: 0 PROGRAMS CUSTODY 0 MEDICAL ------------------------------------------------------------- ANSWER: PPROVED 0 DENIED - (State reason) -r BY- {k{ it a - mp oyee Name - p oyee n;..b L-^n+ i,.. ;.,inn- Vn Inu, to inmates _ -Whi;ta .to Rnnk i nn fila . ;; . -INMATE RE UEST CONTRA COSTA T ON FACILITY f NAME: 6_�IiSC(-CN2 ,;-rC�t Last irst -Ffidd eT� _ DATE: J — U - %'G MODULE: ROOM f CHECK .ONE REQUEST` GRIEVANCE c;APPEA E �/ _. O _� REQUEST: N ! --J !�G 7—H CL4 , �. .:C•( T ' /lir AV, i k -----------— -- ------ - ---------------- RECEIVED BY-: ROUTED T0: 0 PROGRAMS CUSTODY 0 MEDICAL -------------------------------------------------------- ANSWER: APPROVED (] DENIED (State reason) L9 BY70 :r Title p oyee . ame Employee +..6.. ­ 4--�.. Vel7nW +n inmato :Whl+,m to AnnLinn f4 Irl INMATE REQUEST CONTRA COSTA COUNTY DETENTION FAGI ATY NAMETScNL- A-JoBK:#. Last First —Midarm DATE: MODULE:' _��� ROOM: .` CHECK ONE: REQUEST 0 GRIEVANCE 0 APPEAL REQUEST: CCa &S /A UE I AJ to r( r�,.�;o� uT���� fiIZ CQvit. . MU e�/LfZN t.yfA �L, PA NTS A Vr JCC A-c..; _. �L I�I E7l bab l`S IR-4A 6- -THC 2 TH A7,11 6-11 +n 'J wJ�N 1-- V%hl -3 1 Lt t S 0w1E 5arr_7 .2- U� z-H-'`04 kJ1-t' 1 19 CS RECEIVED BY: � ROUTED TO: 0 PROGRAMS CUSTODY 0 MEDICAL -------------------------------------- -------------------- ANSWER: 0 APPROVED 0 DENIED - (.State/reason) I.LGllf�t/!� �C.Q�•LI/ �/S-fl�l/n.. ��GQ.G7J�i J BY: ✓� b'� Title - mp oyee, me - Emp oyee. # Pink kept by inmate. Yellow to inmate. White to Bookin file . I I i 0 CLAM MM or wMVISM (F Cow COSTIL awff . _ ARD uTI'AQ Maim Wnst the ppzty, or bistri t VMC6 20 Q•An"tA1rP June 17 , 1986 governed by the Board of sores fts calf cc this document wiled to is Y� Routing Brndorsements, and Hoard notice of the action taken an Yaw -F the Action. All Section referenMen are Board of Supervisors (�'araV10 TV* tea)• to California Government Codes ). given pursuant to Qovernment Code asation 913 and 915.4• Please note all 9V&R iWB 0- Claimants Jason Robert Dutra rxnty 1C� Attorneys Jeffrey Polisner MAY 2 0 1 .- 1990 N. California B1vd. , Ste . 608 Address: Walnut Creek, CA 94596 hand delivered 1vtar1InPz, �; - Amount: $3 5 0,0 0 0. 0 0+ By deli very to clerk an May 20, 1986 Date Received: May 20, 1986 By mail postaearlosd m erk of the Boar3 of Supervisors 20: MEEF maiia Attached is a copy of the above-noted claim. Bated= May 2 0, 19 8 6 Pte, R%TCR pg 9 Clerks By 0Deputy y o e : CountycoLmei 16: ark sods (Check only one) (x) This claim omplies substantially with Sections 910 and 4A0.2. ( ) This claim FAILS to amply substantially with Sections 910 and 910.29 and we are so notifying claimant. The Board cannot act for 15 days (section 910.6). ( ) Maim is not timely tiled. Clerk should return claim an ground that it was tiled late and send warning of claimant's right to apply for leave to present a late -claim (Section 911.3). ( ) Other: Hated: By: Deputy ty ounsel III. Pm: . . ark of the Hoard 10: (1) Wunty Counsel, (2) County Administrator r ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD By unanimous vete of Supervisors present t>4 2ws claim is rejected in lull. ( ) Others certify that this Is a true Ed correct r Hoard's Order entered is is minutes for this date. Dated: JUN 1 7 1986 PHIL, PATOMM,, Clerk, By ° r Depity Clark YAtMM (GOY. Code eectica 913) - aubjeet to certain exoeptiaas, You have only six (6) months rram the date of this notice las personally served 'or deposited in the mail to rile a court action an this claim. acs GovarTnent Code Seabee 445.6. You may .eek the &Moe of on attorney of pow choice in amneetion with this matter. If You rant to consult an attorney, you should do so Immediately. ♦. PALM: Mork of the Board 70: Cl) C unty Wxmlg (2) County Administrator I Attached are copies of the above claim. Ve notified the claimant of the Boardis action an this claim by mailing a Copy of this dcc=wt9 and a memo thereof has been filed and ankeved on the Board's copy of this Claim in a000rdanoe with Section 29703. ( ) A warning of claimant's right to apply rbrlea to t a late claim was mailed to claimant. l U DATED: .111% 1 9 mr. VM BATCFMIAR. Clark. By t �J.N,�,, o , �1 SCS � . Devour Clerk 1 2 3 4 5 CLAIM AGAINST COUNTY OF CONTRA COSTA 6 i 7 TO: County of Contra Costa 725. .Court :Street 8 Martinez , California 94553 9 CLAIMANT' S NAME: JASON ROBERT DUTRA 10 CLAIMANT' S ADDRESS : 2210 Prune Street Pinole, Ca 94564 11 CLAIMANT' S TELEPHONE: (415) 724-3757 12 13 AMOUNT OF CLAIM: $350, 000. 00 ADDRESS TO WHICH Jeffrey D. Polisner 14 NOTICES ARE TO BE SENT: Bold and Polisner 1990 No. California Blvd. , #608 18 Walnut Creek, Ca 94 596 16 (415) 933-7777 17 DATE OF OCCURRENCE: February 19 ,1986 PLACE OF OCCURRENCE: Highway No. 4 at intersection with 18 State Route 80 19 HOW DID CLAIM ARISE: On February 19 , 1986 , claimant was traveling 20 westbound on Highway 4 approaching State Route I-80, Hercules area, when a vehicle attempting to negotiate the transition from 21 eastbound I-80 to eastbound Highway 4 lost 22 control of his vehicle, crossed the center EC VED divider and collided with claimant. The 23 other_ driver's vehicle was permitted to MAY Ta$5 collide with claimant due to the dangerous and defective condition of public property 24 to*. �o under the control of the County of Contra APMIATCHE RCOSta. 2S ERCOISU ST OISORS By BOLD AND POLISNER ATTORNEYS AT LAW WALNUT CREEK PLAZA. SUITE 608 -1- 1990 N CALIFORNIA BLVD WALNUT CREEK.CA 94596 PHONE:415-933.7777 r I 1 ITEMIZATIONOF CLAIM: Claimant has incurred medical expenses as well as permanent injuries and will also 2 incur future medical expenses. Claimant has also suffered a wage loss as a result 3 of the accident as well as pain and suffering. The exact amounts of these 4 items can only be estimated at this time. 5 Medical $ 50, 000. 00 Lost Wages 50, 000. 00 6 Pain and Suffering 250 ,000. 00 Total $350, 000. 00 8 Dated : May 19 , 1986 9 Respectfully submitted, 10 11 BOLD ANLISl�iE� 12 B Y 13 . ef ey D. Polisner t�to'rneys for Claimant 14 18 16 1? 18 19 20 21 22 23 24 23 BOLD AND POLISNER ATTORNEYS AT LAW �2 WALNUT CREEK PLAZA. SUITE 608 1990 N.CALIFORNIA BLVD WALNUT CREEK.CA 94596 PHONE:415-933.7777 CLAW mARD OF aurmy .9oRS OP cow SPA MUM-2. - �crzaQ June 17 ,- 1986- Claim Against the County, cr bistrictVMCL► TO CI AIMW governed by the Board of Superviao , ) 2be copy s t b to you L low Routing Brdorsements, and Board ) notice of the action taken an VOW claim by the Action. All Section referenoes are ) Board of Supervisors (par'agr'aph I9, below)• to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. please note all *wtarniw. Claimant: Wayne DeLaroche Counf�' Coumisel Attorney: MAY 1% 1986 Address: 2307 Chesterton Dr. Walnut Creek, CA 94596 T,inez, Amounts $85. 29 By delivery to clerk on Date Reoai ved: May 16, 1986 By nail, postmarked an 11a�z I s i Q R h ­TWMark o the Boar o Supe sora T0: y Attached is a copy of the above-noted claim. Dated: May 19, 1986 PHIL. BATCHELOR, Clerk, By Dsp ity "'— —C-athy KAowles FRW: County : Clerk of the Board ofsots (Check only one) 06 This claim o®plies substantially with Sections 910 and 910.2. ( ) This claim FAILS to damply substantially with Sections 910 and 910.2, and we ars so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was tiled late and send warning of elaimantfs right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsei III. rxm: Clerk of the Board 70: (1) ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I9. BOARD QiDER By unanimous vote of Supervisors present Thia claim is rejected in full. ( ) Other: certify that this is a true and correct cop of Board's Order WT&W in is minutes for this date. Dated: JUN PHIL BATCHII..OR, Qerk, By , Deputy Clerk WARN M (Gov. Code Jsotion 913) Subject to oertain ptims t you have only six (6) months from the date ct this notice was personally served or deposited in the sail to file a court action on this claim. See Government Code Seotien 945.6. You may seek the advice of An attorney of your choice in oosu:eetion witty this matter. If you want to oonault an attorney, you should do so immediately. V. PRM: Clerk of the Board 70: (1) Comity Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Soard'a action an this claim by mailing a copy of this document, and a mean thereof was been filed and sndarsed on the Board's copy of this Claim in neo-rdanoe with Section 29703. ( ) A warning of claimant's right to apply for 1 to t a l ate claim was wiled cI DATED:t 1 N 1 9 19_66 "M BATQMLAR, Mork, By • Deputy Qerk CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant L A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with th4Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 Cor mail t<P.O. Box 911, Martinez, CA 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 end of this form. RE: Claim by ) ReservedLRE s filing stamps IVED (�Against the COUNTY OF CONTRA COSTA) �$$�jC Lor DISTRICT) R(Fill in name) ) A C The undersigned claimant hereby makes claim against the CcQnty of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: -------- --- -- ------ -- --------------------------------------------- 1. When-did-th--damage-or-injury occur? (Give exact date and hour) FE 3 . 6 r! 19 6 8.'o Q� ------------------------------------------------------------------------ 2. Where did the damage o inju occur? (Include city a d county) S'A of ------------------------------------------ ----- --- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) W A.S A L A�-re T Adm iN S'c-& ! �' A N Q 1 E 7 Tff� A7 IY��c / CAc,�.S'!N 9 4C fI u Cl' o� �t �ON7 Tei: _ro TEA& A N O A 9CL061s �N >/f si©c- u,e�1- ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Po7 tie 5O7 lAa+ j5a- 01A I_A2Je�A_ ��7 eoasij7 Fl(` 0 ,d�N?t ( r5- Q X 174= AS o7hA��r� Co�-�/mss cry�` G �� 7t`f I r }S� c` ` rte` 7- ;/ AT C i 7 v`i` LOA INV7 Ce E. Eli, 13� 0C-a IP ' (over) C �� C A T. N o f Pv T A-,1 wAJ' W lTf��N �ff�l2 � - 5.. What are the names of county or district officers,` I employees causing the damage or injury? ---- What dd----amage---or --- -in-j---uries---do----you-------claim----------resulted?-----(Give-------full-----extent------- 6. , of injuries. or damages claimed,. Attach two estimates for auto d mage ' PAS %a Q N ?I _c'_ B c '1 ��-7 /j1 ' _Sc-�4 me c,`_ Par- AlL '7 7. How was the amount claimed above computed? (Include the estimated nn amount of any prospective injury or damage. ) lj�41ua A uD LjHt %5�lr� nrGc: ------------------------------------------------------------------ ------- 8. Names and addresses of witnesses, doctors and hospitals. 1 /U ') ------------------------------------------------------------------------ 9.,-,,,,L ..e„xpand L ures you made on account of this accident or injury_ �r DATE tC ITEM AMOUNT 12 1 C� CA 477,E �1p Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or )ay some person o his behalf. " Name and Address of Attorney ef—Claimant nare 02 3 c �'- - 1- dcrSS C,9 YYng,6 Telephone No. Telephone No H 2 Y Z,3 oxk 416 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " i -OOC IJ-841. . i .. tr• GOODYEAR TIRE CENTER _ OWNED 3 OPERATED BY -rG� TIRE 8 EPUKE, INC. 5742 41-l5-93_-:-4620 SCUTK MAIN _T WALNUT CREEK CA 94596 INVOICE NUMBER HOME PHONE NO.* . INVOICE DATE* 0391 4 .,Yf\E LEL: RCtiE 415-944-9242 02/GE 02/08/86 C�`29i4 5USINESS PHONE NO, CUSTOMER P.O.NUMBER i Y" BAR REG .9 AFLiB300 _ 1 C - VEHICLE MAKE AND YEAR* LICENSE PLATE NO * ODOMETER* _ PREV.INV.NO. -.LNUT CR.E_K CA 94596 81 :=DODGE .K WGN IBNG680 TYPE/STATE TIME PROMISED UNT NO. CR.AUTH. CLASS OF BUS. TRANS.CODE, CPSHlCHARGE/TERMS t , �OO:S 02753 V 01 0404'.' 403718111042 3404 = 0' p Orr ?' E/PARTS EXCISE TAX/LABOR UNE TOTALS ` M� PRICE EACH _ JJ/ s ' pUAN "� ` DESCRIPTION - LR/WY RTG PRICE EACH ' yam PRODUCT CODE71 7 R 0 442b3 nA/UTQYv T ZPIiAl�tG25 .rtx r,,;y.��E "T y��.. 1[��sfL 1}k,Y��f, �Ta� �- -�...a- -,�'� � -':�S � :�T' ,• mi- i.r�-�'ax 'i- �a�"l. _ R 7928.9004 0 '- I PI85b5R14ARIVAWWRPTL$ S1 CFV.GT1rr5 F .�' +a x� r• a• t Q s Ax�+.s�e � . '�..,�L• �°tom r..,x 5ta�..`�, ::s:�.a..,.ra�`�G^ �:34'a.€'z" 'e�q -s..a t .:ds.:sl.:'<m..,.,.::3>.Yt,...'%-% + .'""''' a min.-+4z, t` ^s-• a +E,�y,r'�e,.s, t �'y , qro -i� .'„m� ...�......",�.t....--....w.,.w 4.:x.,z�ata..o:. ...,.:..�.� V...,,::«:.sw�.,,.`�.,,w..w: :.s�r�cm'�am�r',.•ai`»�sa+3•.: �:«+"a!'s""cr :.ar.�.x� ,a... c _ ._ ��'"'" -w-r �'L-..�^",. �»-Y��"Y��uax sar•.x"cfi -e+Jy'�' `. � mss• i:, r^#" .4 06, T;am VL mv `` ,{r svF,f�" ", --z a x `� .:s '" y r+?�'' d r � z xmts"" °:y ,3, x z" =`� _"1 t• �"'>, 'LYY.:.3 to 7 211 _ 3.= tz u .�.f-aeS.sea- :y .:4 �' n 4 .30 '**" i_•c`- :ter • k- ,.•.�+,�x.� t"s7^ ':'•k ...f:',� ._: y £t v4: �•v.' �". -{....4t„r'�r`.•vk"�� _ • ,. .- - 4ANIC(S)NAME AND NO.THAT PERFORMED REPAIRS SUB TOTAL LABOR _ - SUB TOTAL MDSE/PARTS TAXABLE AMOUNT SALES TAX 6.00 74.45 74.45 4�ff4 INVOICE TOTAL PAYMENT PREVIOUS BALANCE FINANCE CHARGE NEW BALANCE _. .. /REFUND - 29 OD X00` SSoZ�T �G All pom ore new unless other iw designated. - - -- PHONE_NO AUTHORIZED BY(NAME) ...::.i„ ... s-' ADDITIONAL REPAIRS AUTHORIZED r -� BALL JOINT SPECS.8 MEASUREMENTS v t'' -77 - - MANNER OF�:•. �'RECEIVED BY z . RIGHT RIGOR LEFT LEFT DATE TIME AMOUNT: _ DESCRIPTION - AUTHORIZATION UPPER LOWER UPPER LOWERIN 0' ------------ 0 PFpPE ❑PERSON -_ ❑PERINSON Merchandise and services invoiced a ve received to good condition Rowledge notice and oral approval of an increase in the original estimated price. __ - Cuaomwi s Sipnorun - r CUSTOMER 3 :—�, �. INVOICE` Y r s i 3 403T`_1811 . 1 '�z t ._ , �- ..a e '-t 1 rs,. "X' �^ {� F �..ty ��..-$.{ .a �'� � aS+.�-si �• ist'�-Y i�..�y- - > 1 7* -.} � .6 {•� S '�f y -��!`�'i +'�4� � ,,p.-x .� stL`����'"Pr",,;-'4.p 7�a,•-t�:�; ��' 4`r c .frt k E Y c � Y "L "ysp" -�„`i?..`dy, 1.:' CLERK /DEPT. AUTH.NO. NTIFICATION TAKE ..E f!! O L SEND❑ 1fwY� DESCRIPTION., UNIT COST - - AMOUNT' - fi:: r rr aKs�. UAN r } y,�s .�` ,1y t -.+j -_��, f-ri•s7..N i- L..'r ; Or as x a5 +.ci gg; �`.w-i• y��.` 'y.� y sn- .+�'ky`y,i +osg+-� . fi• ,. 7 _ a G 00 A Y E!1 R TIRE, I ENT ER k���'�-���, MALROT-. CREEK CA ,:. 4980510 + ;s -r Js' T Tt.IP.sdfmWOOW41 ototNston tannnts7p wl al r�ur9aae SUB TOTAL '* 1 }. ! TM15 FORMTGL r — t e00e auman nl =wto enn 1712 Ar uO TOTK l TAX' f 3 7 '�^y►1''�Ti'S{i Y 1M d SnGh CeQ F_ f a`{asa L B PU ER. I E _ TIPS/M1SC. n SALES SLIP Rr ., .a_« x .v fir- `- TOTAL r` z k^ 1IVlPORTANT:...RETAIN, THIS. COPY.FOR STATEMENT .VERiFiCATION CUSTOMER COPY - SArMPr_RF'+U.S Pat 4.403.793 Claim ig nst the Casty, or bistriot smpr Tp CLAM i June '17 ; 1996- governed by the Hoard of Supervisors, 2be oopf of this GODUMT, WrIed tois yosr Rur outing Endorsementa• and Hoard notice of the action taken on yoby the Action. 211 Section raferenoeis ars Board of St eirdsors (Paragraph IT, talar), to California Government ,Codes: giver: pursuant to Government Code ssotian 913 and X5.4• !lease note all �arai�". Claimants Steven & CaroZ (Cutler •• '`)?"'fid COUnSel Attorm"s Martha Radcliffe P. O. Box 98 MAY 2 0.'.1986 lddreas: Moraga; CA 94556 f�f�tE�rr �, CA 94555: . Awmts $5, 000. 00 By delivery to clerk on ,Date Received: May 20 , 1986 By stall, postmarked on May 19, 1986 Cert.f P 535 077 200 'Mir-k of tM—BcWr-d of Supervisors 70: y Attached is a copy of the above-noted olai11. Dateds May 2 0, 19 8 6 pM 'SATCHEL R I Merk, By 0_zDeputy Ca h K les t : county cots: s Gleffsora (Check only one) Q�) This claim oomplies substantially with Sections 920 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.29 and we are so notifying claimant. The Hoard cannot act for 15 days (Section 920.4). ( ) Claim is not timely filed. Clerk should return claim on ground that it was Bled late and send warning of claimant's right to apply for leave to present a late 'olaim (Section 911.3). ( ) Others Dated: BY: puty ty dgRga IIS. lights Clerk of the Hoard 70: (1) ty Counsel, (2) County Administrator r ( ) Maim was returned as mtimely with notice to claimant (Section 941.3). IV. BOARD 5 By unanimous rote of Supervisors present 04 This claim is resected in full. ( ) Others oerti y that this In a true Woorrset copy, enteredIn IS sti for this date. Dated: Ju 7 1986 PHIL ATCHM.AM, Clerk, Dep,tity Mork VAWW (Gov. Code Section 923) Dubjeet to certain exceptions, you Dave only cis (6) a enu* tram the date at this notice was personally served or deposited in the nail to lilt a oo:at action on this 610111. See Government Code Scotian 945.6. You nay seek the advice of an att my of pmr ohoioe in oonnection with t ds rtter. If you rant to consult an attonssey, you should do so Mediately. T. !!Mt Mork of the Board SD: Cl) County C=sal, (2) Cmmty Administrator Attached are copies of the above claim. Ve notified the claimant of the Board•: action on this claim by sailing a copy of this document, and a memo thereof has been filed and endorsed an the Board's oopy of this Claim in a000edarm frith Section MO. ( ) A warning of elaia11nt0a right to apply for 1 to t a late Claim Mas wailed to claiaant. DATEN JUN 1 0 JS86 PSL BAT�AR I Clark, zy � , Deputy Merk I MARTHA CLARK RADCLIFFE ATTORNEY AT LAW P.O.Box rt 120 COUNTRY CLUB DRIVE MORAGA,CALIFORNIA 94556 (415) 276.2225 May 19, 1986 i Contra Costa County Board of Supervisors 651 Pine Street Martinez, CA 94553 RE: Claim of Steven & Carol Cutler Dear Sir/Madam: Enclosed please find a claim on behalf of Steven and Carol Cutler arising out of surface water from heavy rainstorms running off County owned property and entering claimant' s residence . Said claim is self=explanatory. Please direct your response to the undersigned at the above address . Sincerely yours, al �Q 6 W E. MARTHA C. RADCLIFFE MCR:ag Enclosure i i i In the Matter of the Claim of STEVEN and CAROL CUTLER vs. THE COUNTY OF CONTRA COSTA STEVEN and CAROL CUTLER hereby present this claim to the County of Contra Costa pursuant to Government Code Section 910. 1. The name and address of the claimant is Steven and Carol Cutler, 592 Francis Drive, Lafayette, California 94549. . 2. The post office address to which Steven & Carol Cutler desire notice of this claim to be sent is as follows: MARTHA C. RADCLIFFE, Attorney at Law, Post Office Box 98, Moraga, California 94556. 3. On February 16, 1986 , claimant' s property at 592 Francis Drive, Lafayette, California, Contra Costa County, was damaged by surface water from heavy rainstorms running off County owned property and entering claimant's residence. 4. Contra Costa County and/or its employees failed to take reasonable care in using County property to avoid injury to claimant' s adjoining property when the grading of County' s property was so changed as to change the slope of County land and alter the natural system of drainage causing water to collect adjacent to claimant's land and casting surface water upon claimant' s loweriland and causing injury to claimant' s property i of limited to , carpets, heater ducts, heater and [RE, EIVED AY 'orb1086PHIL BATCHELOR ARO RBRV*M TRA A insulation in claimant' s residence. 5. So far as is known to claimants, at the date of the filing of this claim, as a result of the negligence of the person or persons responsible for maintaining and/or using County property adjacent to claimant' s property, claimants have been damaged in the amount of Five Thousand Dollars (S5,000.00.� Dated : �02 7?6 MARTHA C. RADCLIFFE, �At�tneyy for Steven & Carol Cutler i 2 BARD OF sumvim or dWK 005TA OMMA AND AS GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERV TION DISTRICT June '17', 1986' Clain Against the County, or District NMCE 20 CLAII�N11r!' governed by the Hoard of 9uper�isorst lbs ovpyor-this axwmz imed to you L yaw Routing woorsements, and Hoard notice of the action taken on yes claim by the Action. All Section refarenoes art Board of Supervisors (Paragraph M below)9 to California Goverrment Codes ! ) given pursuant to Government Code S"tiaD IL3 and 915.4• please note all vft%iggu'�ounty Counsel Claimantt Mr. and Mrs . Harold Boex ALtotlssy3 Daniel J. Curtin � MAY 2 o 1986 McCutchen, Doyle; Brown & Enersen M2rtim, CA 94553 Addresst 1855 Olympic Blvd. , 3rd floor P.O. Box V hand delivered +� • Amomt: Walnut Creek, CA 94596 BY Delivery to clerk m May 19 , 1986 $250, 000. 0+ Date Received: May 19 , 1986 By nail' postmarked on 2. : Clerk BY the FoOd of Supervisors 1Ds y Magia Attached is a copy of the above-noted claim. Dated: 4 May 20, 1986 pH, BATCH=, Mark, By Dapity C—athy n w es 44. : ty : mors (Cheek only one) ( ) This claim complies substantially with Sections 910 and 910.2. (x) 2bis olaim FAns to o®ply substantially with Sections 910 and 910.29 and we ars so notifying claimant. The Hoard cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim an ground that it Was tiled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). Others Dated: BY: posy County 1 III. INN: . . erk of the Hoard 70t (1) ty Counsel a (2) County Administrator 4' ( ) Maim was returned as untimely with notice to claimant (Section 911.3). I9. BOARD By unanimous vote of Supervisors present Ibis claim is rejected in full. ( Others . oerti y that this Is a true and correct oo 'a Grder entered is minutes for this date. Datedt JUN 1 7 NAR PHIL BATCHMM, Clark, By � , Deputy Clark VARN M (Gov. Code 3ectiaa 913) Subject to certain esoeptIms, you Lave only six (6) months from the date or this notice was personally served ar deposited in the mail to lila a ciourt action an thio alata. use GovezMemt Code Section 445.6. Tou my seek the advice( of an attoeW of your choice in eonneetioa with thin anter. If you want to consult an attorDey, you should do so immediately. 7. '!M9 Mark of the Board TO: Cl) County Counsel, (2) County Administrator Attached are copies of the above claim. Ve notified the claimant of the Board's action an this claim by mailing a copy of this dwment, and a memo thereof Las been filed and endorsed an the Board's Copy of this Claim in -*=canoe with Section 29703- A warning of Claimant's right to apply for 1 to t a late claim was mailed to bATmt—IUN��916 ice, UTDOMM a Mark. es, LL . Deputy Clerk 1 McCUTCHEN, DOYLE, BROWN & ENERSEN Daniel J. Curtin, Jr. 2 Palmer Brown Madden Bruce Reed Goodmiller 3 P. O. Box V Walnut Creek, CA 94596-1270 4 Telephone: (415) 937-8000 ED 5 Attorneys for Claimants I 6 MAY 1( '-ass i OR 7 ILqp 0 H PBRVIS LEF C eT0 TPA 6 8 er THE BOARD OF SUPERVISORS OF CONTRA C A COU Y 9 1 10 MR. AND MRS. HAROLD BOEX, ) 11 Claimants, ) CLAIM FOR INJURY TO 12 V. ) PROPERTY (Pursuant to Government Code Section 13 THE BOARD OF SUPERVISORS OF ) 910) CONTRA COSTA COUNTY; CONTRA COSTA ) 14 FLOOD CONTROL AND WATER ) CONSERVATION DISTRICT, ) 15 ) Defendants . ) 16 ) 17 To the Board of Supervisors of Contra Costa County: 18 You are hereby notified that Mr. and Mrs. Harold Boex, 19 whose address is 15 Lily Court, Walnut Creek, California 94596, 20 demand once again that Contra Costa County repair the property 21 which has been damaged as set forth below and further that the 22 County pay to Mr. and Mrs . Boex damages in an amount not yet 23 ascertained, but in excess of $250,000, for the injuries to 24 such property' set forth below. 25 26 i 1 1 This claim is based upon the following circumstances: 2 Approximately fifteen years ago, Mr. Boex subdivided a 3 2 . 5 acre lot he owned adjacent to Las Trampas Creek. Shortly 4 thereafter, the Contra Costa County Flood Control District 5 inexplicably and arbitrarily condemned the creekside portion of 6 one of the parcels but refused, over Mr. Boex' s vigorous 7 objections, to condemn the creekside portion of the adjacent 8 parcel . The Boex' s then constructed a home on the uncondemned 9 parcel, the property which is the subject of this claim. The 10 circumstances upon which this claim is based are set forth in 11 more detail in claimants ' prior claims and demands dated March 12 10, 1986, and April 16, 1986, which are attached as Exhibits A 13 and B and incorporated herein by reference. 14 Sometime after the Boex' s built their home, the 15 District began performing certain downstream operations and 16 other work on the Creek. Throughout this period, the District 17 constantly ignored Mr. Boex' s repeated warnings that such 18 operations posed great danger to his property and his repeated 19 requests that the District condemn his property in addition to 20 the immediately adjacent property already condemned by the 21 District. 22 The Districts ' acts, as well as its omissions, 23 resulted in massive damage to the Boex' s property. Over twenty 24 feet of bank has been lost to date, including eighteen feet in 25 the recent storms . 26 2 I The claimants do not know the names of the public 2 employees who caused the injuries to claimants ' property set 3 forth above. 4 The damages sustained by claimants to date potentially 5 consist, of an amount in excess of $130, 000 for work to repair 6 the damage to the property and prevent any reoccurrence of such 7 problems, as indicated by Mr. Kent, a representative of the 8 Flood Control District. 9 The damages expected to be incurred in the future 10 include an amount in excess of $120, 000 for additional damage 11 to the property including diminution in value of the property 12 and other damage not yet ascertained. 13 Claimants '.- demand that the County immediately 14 undertake the necessary repairs. Further details regarding the 15 damage to the claimants ' real property are set forth in the 16 correspondence attached hereto as Exhibits A and B and 17 incorporated herein by reference. This correspondence 18 indicates that the Board of Supervisors and the Flood Control 19 District are well aware of the basis of the computation of the 20 claim. Supervisor Schroder and Messrs. Kubicek, Kent and 21 Bertolero of the Flood Control District have visited the site 22 on more than one occasion. Mr. Kubicek, in particular, has 23 personal knowledge of the basis of the claim based upon his 24 extensive involvement in the matter. 25 . 26 3 1 All notices and communications with regard to this 2 claim should be sent to: 3, 4 McCutchen, Doyle, Brown & Enersen 1855 Olympic Blvd. , Third Floor 5 P. O. Box V walnut Creek, CA 94596 6 Attention: Daniel J. Curtin, Jr. 7 McCUTCH O E, B N & EN EN 8 9 By: a iel J. C tin, Jr. 10 Attorneys r Claimants 11 BRG-rr/2 0247P 12 72212 . 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4 . MCCUTCHEN. DOYLE. BROWN 6 ENERSEN -7 of fO.uCgL• s•� .•.r src•n••• t VAN VOORMIS 6 SKAGGS s.. lost o•.•ct TN.CI E1+6A.C.Ot.O CCr.[n ONE AL-0tN eOULEvA.O SUITE 670 "AN rPANC-SCO CAL"O-1— 9-1 COUNSELORS AT LAW SAN JOSE CALI.O.N-A 6S„7 (415) 363 1-000 less OLIMPIC BOULEvARO TNIAO IrLOOR t.oe)647.6400 POST O"Ict 9O■ V -J WALNUT CREEK CALWORNIA 04596.1770 (415) 937-6000 111tco.•t•+.15)6)' Goo. March 10, 1966 HAND DELIVERED Mr . Michael Walford Contra Costa County Public Works Director Attention: Mr . Milton Kubicek 225 Glacier Drive Martinez, CA 94553 Erosion of Las Trampas Creek Boex Residence 15 Lilly Court, Walnut Creek Dear Mr. Kubicek: This office has been retained by Mr . and Mrs. Harold Boex, whose residence is located at 15 Lilly Court, Walnut Creek, in connection with the severe erosion problems that have occurred along the Las Trampas Creek embankment at the rear of the Boex property. We understand from our clients that they have per- sonally contacted the Flood Control District representative on a number of occasions in an effort to obtain assistance in remedying the erosion problem. As you may be aware, the erosion has already claimed the Boex ' s rear fence and presently imperils their house, swimming pool and bath house. As you know, the District previously condemned a portion of the creek running behind the Boex residence and performed certain operations which may have altered the creek flow and undoubtedly aggravated the erosion problem, thereby increasing the risk of damage to the Boex property from storms such as those which recently occurred. Despite our clients ' efforts to resolve this matter, the Flood Control District has failed to reciprocate. Therefore, demand is hereby made that the Flood Control District immediately undertake to repair the damage to our clients ' property and to I EXHIBIT A t Mr. Michael Walford Attention : Mr . Milton Kubicek March 10, 1966 Page Two prevent the recurrence of such erosion problems . We are willing to meet with you at your convenience to discuss possible steps to this end, but please be advised that our clients will pursue any and all appropriate legal action to compel the District to remedy this situation. Hopefully, such legal action will not be necessary. i We look forwarding to receiving your reply as soon as possible and hope that this matter may be resolved amicably. Very truly .yours , an I J. Curtin, Jr. DJC:DLP/nw cc: Supervisor Robert I . Schroder * bcc: Supervisor Thomas M. Pcwers* Supervisor Sunne t'.right McPeak* *Supervisor Schroder : Bob, it is our understanding that you would like to faciliate the resolution of this problem as soon as possible and have offered to help bring the parties together to discuss possible solutions . However, this letter was necessary in order to get the ball rolling . Your time and consideration is greatly appreciated. MCCUTCHEN, DOYLE, BROWN b ENERSEN "l% + FORMERLY SAN FRANCISCO OrrI r VAN VOORHIS & SKAGGS SAN JOSE OFFICE THREE EMBARCADERO CENTER ONE ALMADEN BOULEVARD.SUITE 620 SAN FRANCISCO. CALIFORNIA 94111 COUNSELORS AT LAW SAN JOSE.CALIFORNIA 95113 (415) 393-1?000 1655 OLYMPIC BOULEVARD. THIRD FLOOR (406)947-6400 • POST OFFICE BOX V WALNUT CREEK. CALIFORNIA 94596-1270 (415) 937-8000 TELECOCIER(415)937-p004 April 16, 1986 Board of Supervisors Contra Costa County P.O. Box 911 Martinez, CA 94552 Settlement Offer Re Pending Litigation Boex v. Contra Costa County Flood Control & Water Conservation District; Board of Supervisors of Contra Costa County j Our File No. 72212.001 Dear Members of the Board: ` I am writing regarding pending litigation arising from severe erosion damage to property owned by our clients, Mr . and Mrs. Harold Boex. The property is located at 15 Lily Court, Walnut Creek , California. As set forth in my letter dated March 10 , 1986 (attached) , formal demand was made upon the County. to repair the damage to our clients' property and prevent any reoccurrence of such erosion problems. Unfortunately, the County has not undertaken such repairs. Our clients have directed us to take all necessary steps to protect their rights including filing a claim as well as preparing and filing a complaint naming the County as a defendant, if necessary. We have been authorized, however, to delay instituting formal proceedings so that the Board of Supervisors may consider this matter and direct the appropriate County officials to immediately commence the repair work . I request the Board to seek the advice of its legal counsel on this . urgent pending litigation matter and to settle this potentially very costly litigation at the earliest possible stage. i ) i EXHIBIT B I J3oard of Supervisors April 16, 1986 'Rage' 2 As you may be aware, our client has contacted the Flood Control District on a number of occasions over a fifteen year .period regarding the erosion problems on Las Trampas Creek . The District quite inexplicably and arbitrarily condemned the property immediately adjacent to the subject property which at the time was at the rear of the prior Boex home but refused to condemn the immediately adjacent Boex parcel , notwithstanding the fact that it was located at the next 90 degree curve in Las Trampas Creek . Both parcels were created by a minor subdivision of approximately 2.5 acres which Boex owned. The subdivision was approved shortly before the condemnation of the one parcel. The Boexes thereafter constructed their new home on the subject property. This condemnation of only one parcel was done over Mr . Boex' vigorous objections . The District then made certain downstream improvements and performed other operations on the Creek, all the while ignoring Mr . Boex ' repeated warnings regarding the danger to his property and his repeated requests that the District condemn his property in addition to the immediately adjacent property already condemned by the District. The District ' s acts, as well as its omissions , resulted in massive damage to our clients' property during previous as well as recent winter storms . Over 20 feet of bank has been lost to date, nearly 18 feet in the recent storms. The Boex' residence, swimming pool and guest house are in grave peril. Supervisor Schroder h.as visited the site and can attest to the serious and dramatic nature of the problem. The inequity of the situation is highlighted and magnified by the extensive recent repairs to adjacent properties which were condemned by the District at the time the District refused to condemn the Boex property. Our clients believe that they have been very patient, perhaps too patient, over the years in requesting and awaiting County action on this matter . Both Supervisor Schroder and Mr . Kubicek of the Flood Control District can attest to our recent efforts to reach an early and amicable resolution of this serious dispute. I sincerely hope that the Board will promptly take appropriate action and obviate the necessity of costly litigation. Board of Supervisors April 18 , 1986 Page 3 I lookforward to receiving the Board's reply as soon as possible. The urgency of this matter requires immediate action. Very yo s, D Cu i , Jr. DJC:BRG:scm2/5 cc: Victor westman, County Counsel Mr , and Mrs. Boex Mr . Kubicek, Deputy Director, Flood Control District LeoARa OF SurWYLOW Or rn,► cosrk rz, GUMPMOU Main ApI� the qty, or bistriet 1�D2TC2 June 17 , 1986 governed by the Board of Supervisors, Abe oap7 s dociamt soiled to fou L loan Routing its, and soars notice of tba action takers on far alma by the Aetaon. All Section referanoes are board of Super'vis" (Paragraph I9g baht). to California Government Codes ) given PX4suant to Government Gods Ssotian 913 and 915.4. ileacs now all ovarniags". Maimantt Douglas E. Aitken Attorneys Paul Schwartz `?�' CO`; 2004 Cedar Street MAY 2 0 15,. Address Berkeley, CA 94709 �• Amounts $1, 000, 000. 00 By delivery to Clark cc _.ividr in CA 91i,__._...:. Date Received:ved: May 20, 1986 SY mail• Pest' MaY_19_;._1986 erk of the Board of SUpervisors 70: MEEY Mao Attached is a copy of the above-noted alio. Dated2 May 20, 198 6 PHIL. BATC MM s Meat,-nmSj► D�7 : ty Counsel 70s er sots (Check only one) ()V Skis claim oomplies substantially with Sections 910 and 910.2. ( ) Suis claim FAILS to comply substantially with Sections 910 and 910.20 and we ars so notifying claimant. The Board oannot act for 15 days (Section 910.8). ( ) Maim is not timely filed. Clerk should return claim on Vvund that it was Mad late and send warning of claimant's right to apply for leave to present a late -claim (Section 911.3). t ) Other2 Dated: BY: putt' County 1 n1. VMS ark of the Board Sot (1) Cdunty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I'V. mItRD By unanimous vote of Supervisors present ( This claim is rejected in full. ( Others certify that this s a true correct copy the to its Its mip�es for this date. Dated: � 1 7 MR PHIL SATOMLM, Mark, by VIA"J DepAy Clerk VARNIM (Gov. Code Seatian 943) Subject to certain esoeptioas, you have anly six (6) months dram the date of this Dodos Was pw'sonally served or deposited in the mail to file a norm action on this alma. Drs Govw went Code Section 945.6. Zan sty seek the advioe of an attorney of lora aboioa in oonnsetias with this matter. If you want to consult an attorney, you should do so immediately. V. CCN: Mark of the Board SO2 Cl) County Cou nedl, (2) County Administrator Attached are copies of the above claim. ye notified the claimant of the Soard'a action an this Claim by mailing a copy of this document and a memo thezbof has been filed Cl and endorsed on the Board's copy or this aim in s000rdarae with Seetias 29703. ( ) A Morning of claimant's right to apply fbr Zea to to Clain won mailed to claisarst. DATED: 1966_ VM NATQELOR. Mark, By �._ _- . Deputy Clerk PAUL M. SCHWARTZ INCORPORATED ATTORNEY AT.LAW 2004 CEDAR STREET - BERKELEY, CALIFORNIA 94709 ` (415) 548-9800 May 19, 1986 f Clerk, Board of Supervisors County of Contra Costa County Administration Building 651 Pine Street , Room 106 Martinez, CA 94553 Re : In the Matter of the Claim of DOUGLAS E . AITKEN against the County of Contra Costa Dear Madam or Sir : Enclosed please find an original and two copies of a claim against the County of Contra Costa which I am today filing on behalf of my client , Douglas E. Aitken. Attached to it is a Proof of Service by Mail showing service of this claim on the Clerk of the Board of Supervisors . I have enclosed a self-addressed, stamped envelope. Please return to me a filing receipt , and an endorsed-filed copy of the claim. Thank you for your assistance in this matter . Sincere ' i PAUL M. % ARTZ PMS :kas Encls. i I 1 PAUL M. SCHWARTZ ATTORNEY AT LAW 2 2004 CEDAR STREET - BERKELEY. CALIFORNIA 94709 (415) 548-9800 3 4 i 5 ATTORNEY FOR CLAIMANT 6 7 BEFORE THE BOARD OF SUPERVISORS 8 COUNTY OF CONTRA COSTA 9 10 In the Matter of the Claim. of ) CLAIM FOR PERSONAL INJURIES 11 DOUGLAS E. AITKEN ) (Section 910 of the Government Code) 12 against the County of Contra Costa ) Claim NO. : 13 14 TO: BOARD OF SUPERVISORS , COUNTY OF CONTRA COSTA: 15 DOUGLAS E. AITKEN hereby makes claim against the County of 16 Contra Costa for the sum of $1, 000 , 000 (One Million Dollars) and 17 makes the following statements in support of the claim: 18 1. Claimant' s post office address is 3560 Miflin Avenue, 19 El Sobrante, CA 94803 . 20 2 . Notices concerning the claim should be sent to 21 Paul M. Schwartz, Attorney at Law, 2004 Cedar Street, Berkeley, 22 California 94709 . 23 . 3. The date and ulace of the occurrence giving rise .to _ 24 this claim are February 23 , 1986 , at 520 Minor Road, Orinda- r 25 California 94563 . 26 RECEI'Virlm MAY 1986 MI A MgLon P 1114 1 4 . The circumstances giving rise to this claim are as 2 follows: On the above date and at .the above place, claimant 3 slipped and fell in mud which had accumulated .on the premises 4 described in #3, above. Contra Costa County issued permits 5 including but not limited to building, land grading, and soils 6 permits at 520 Minor Road, Orinda, California, and the surrounding 7 neighbors' properties without proper geologic and earth-soil 8 studies. Improper and inadequate inspections were made of the 9 site and surrounding environs by Contra Costa County prior to and 10 after the building of the homes, structures, appurtenances, and 11 facilities in the areas described above. Geologic and soils 12 engineering studies were either not obtained or were performed 13 carelessly by the County of Contra Costa, without due regard for 14 mudslide conditions. Contra Costa County allowed the creation and 15 existence of public property in a dangerous condition. 16 17 18 5. Claimant' s injuries. are extensive. Generally, they 19 are to his entire body. More specifically, they are to his 20 coccyx, sacrum, back, legs and psyche. 21 6 . Claimant' s claim as of today is $1,000,000 (One Million 22 Dollars) . 23 7. The basis of computation of the above amount is as 24 follows: 25 a. Medical Expenses Incurred . to Date: Unknown at this 26 time. Amount will be provided when same is available to claimant. -2- 1 b. Estimated Future Medical .Expenses : Unknown at this 2 time. Amount will be provided when same is available to claimant. 3 C. Loss of Wages : Unknown. at this time. Amount will be 4 provided when same is available to claimant. 5 d. General ,Damages : $1,000,000 (One Million Dollars) . 6 7 Total : $1,000, 000 (One Million Do)ylars) 8 9 Dated: May 19 , 1986orz.,"10- .Z-e---,VWV Z- 10 7to-rneyfor c aima 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -3- { i PROOF OF SERVICE BY MAIL is Karen A. Shelesky , declare that : I am employed in the County of Alameda, California. I am over the age of eighteen years and not a party to the within cause. My business address is 2004 Cedar Street, Berkeley, CA 94709. On May 19 1986 I served the within Claim for Personal Iniuries (Section 910 of the Government Code) Clerk, Board of Supervisors on the County of Contra Costa laxsulAxnause by placing a true copy thereof in a sealed envelope with postage thereon fully pre- paid, in the U.S . mail at Berkeley, CA addressed as follows: Clerk, Board of Supervisors County of Contra Costa County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 I declare under penalty of perjury that the foregoing is true and correct , and that this declaration was executed on May 19 . 1986 at Berkeley California. i C`- BIDAYM OF 3VPSRyi92M OF COW 02111 odoprt, cu.IID�L BMW=_ _ Claim Ag�sinst the County, or bi•triCt ) VMCL► 1+0 ne 17, 1986 toverfled by the Board of Supervisors, ) The cep • d0mmt =110d to YOU is yscr Routing Bl,dorsements, and Board notice of the notion taken an your algia by the Action. 111 Section referenoee are Board of supervisors (Peragra* We below), to California Government Codes ) Riven pursuant to Government Code S©ctian 913 and 915.4. please note all *VWmivpN. Claimants Maria Aria et al ,. Attorney: David Massod Cou,* CJrlrse) Hardwick & Massod 186 Address: 1811 Grand Canal Blvd. ,#2 MAY 1 ti Stockton, CA 95207 1�. oMt: $100 , 600. 00 + By delivery to Clark an Martmez, CQ 94553 Date Received: May 16, 1986 By mail, postmarked an May 15 , 1986 Cert. `P 057 610 664 erk of the Board of Supe sot's 70: County Counsel Attached is a copy of the above-noted 01210. Dated: May 16 , 19 8 6 PM BATCHEL R, Clerk, By a w I es t n. : County Coups : ciwk sacs (Check Drily one) (�() This Claim oomplies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we ars so notifying claimant. The Hoard cannot act for 15 days (Section 910.6). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed lute and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By:I Deputy County WRNW1 in. rxx: Clerk of the Board Mt (1) Ckmty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I9. BOARD QtDFR By unanimous vote of Supervisors present (�Q This claim is rejected in full. ( ) Others certify that this is a true and orarrrect oo en in is ai for this date. ILJ Dated: %ri 198 PHIL BATCRFI.OR, Qerk, By , Deputy Clerk WARNING (Gov. code Section 9113) Subject to certain enooeptions, you have only six (6) months rho the date of tbis notice was personally served or deposited in the mail to file a court action an this claim. ase Government Code Section 945.6. You gay seek the advice of an attorney of your choice in Connection Mith this matter.If you want to consult an attorney, 7ou should do so immediately. 11. nM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are Copies of the above claim. lie ratified the claimant of the Board's action an this claim by sailing a copy of this document, and a memo thereof has been filed and endorsed an the Board's copy of this Maim in aaoordanee with Section 29703. ( A warning of claimant's right to apply forlea to Claimant. present late claim was mailed DATED: PHIL DATOMM Ip Clerk, By D . Deputy Clerk j c HARDWICK & MASSOD 2 A Professional Corporation 1811 Grand Canal Blvd. , #2 3 Stockton, California 95207 4 Attorneys for Claimant 5 6 7 i 8 MARIA ARIAS, individually and as 9 parent and guardian of VICENTE ALBERTIO CLAIM AGAINST CASTILLO and� CARLOS ALBERTIO ARIAS, PUBLIC ENTITY 10 and in behalf of the Estate of JOSE ARIAS; and MAGNALENA VALENCIA, 11 MAGNALENO ARIAS, 12 Claimants RECEIVED 13 vs. t4AY 1(A 1086 14 COUNTY OF CONTRA COSTA, PHIL BATC L 1 S LEAK AFD OF S RVISORS Public Entity rl,Aco A o � B 16 TO: COUNTY OF CONTRA COSTA 17 18 MARIA ARIAS, individually and as parent and guardian of VICENTE ALBERTIO CASTILLO and CARLOS ALBERTIO ARIAS, and in 19 behalf of the Estate of JOSE ARIAS; and MAGNALENA VALENCIA, 20 MAGNALENO ARIAS hereby make claims against the COUNTY OF CONTRA 21 COSTA, for a sum in excess of $100,000.00 and make the 22 following statements in support of the claim: 23 1 . Claimants' attorney' s post office address is: 1811 24 Grand Canal Blvd. , #2, Stockton, California 95207. 25 2. Notices concerning the claim should be sent to: 26 1811 Grand Canal Blvd. , #2, Stockton, California 95207. 27 3. The date and place of the accident giving rise to 28 HARDWICK 6 MASSOD ATTORNEYS AT LAW 1 - 1811 GRAND CANAL 8LVD.02 STOCKTON.CA.95207 (209) 957-6304 , 1 this claim is February 27, 1986, at or about Willow Pass Road and 2 Third Street, in Concord, Contra Costa County, State of 3 California. 4 4. The circumstances giving rise to this claim are as 5 follows: 6 Claimant, MARIA ARIAS, and JOSE ARIAS, were 7 pedestrians walking northbound across Willow Pass Road, at Third 8 Street, when a vehicle, driven by RICHARD BOEHM, collided with 9 them, causing injuries to Maria Arias and injuries and death to 10 Jose Arias. The claim is presented in behalf of the above 11 claimants for damages as follows: 12 a. Maria Arias - personal injuries, pain and 13 suffering, medical expense, wage loss, future medical expenses , 14 future wage loss, general damages; Damages are unknown at present 15 time. 16 b. Maria Arias - emotional distress, loss of 17 consortium, companionship, affection, support, friendship, for 18 wrongful death and general damages; Damages are unknown at 19 present time.. 20 C. Maria Arias in behalf of The Estate of Jose 21 Arias - personal injuries, pain and suffering, medical expense, 22 wage loss, general damages; Damages are unknown at present time. 23 d. Maria Arias as parent and in behalf of Vicente 24 Albertio Castillo, Carlos Albertio Arias, and Magnalena Valencia, 25 and Magneleno Arias - loss of consortium, companionship, 26 affection, support, friendship, for wrongful death and general 27 damages; Damages are unknown at present time. 28 HARDWICK 8 MASSOD ATTORNEYS AT LAW 2 1811 GRAND CANAL BLVD.t2 STOCKTON.CA.93207 - - (209) 957-6304 I A contributing or proximate cause to this accident and 2 resulting injuries was the negligence of the public entity in its 3 failure to properly place "pedestrian" signs, crosswalks, traffic 4 signals, signs, and/or lighting, at the subject location and/or 5 its defective design of the streets and/or lighting and/or 6 traffic controls, signs, crosswalks and/or the negligence of the 7 public entity in its failure to supervise properly and/or in the 8 hiring and employing of RICHARD BOEHM, and/or in the negligent 9 driving of RICHARD BOEHM, who was acting within the purpose and 10 scope of his employment at the time of the accident. 11 5. Claimants injuries are set forth in No. 4 . a. - d. 12 above and claimant, MARIA ARIAS, is still under medical 13 observation at this time. Jose Arias died as a result of 14 injuries received from the accident. 15 6. The names of the public employees causing 16 claimants' injuries are unknown. 17 7. The total sum of the claims as of the date of this 18 claim is in excess of $100,000.00. 19 8. The basis of computation of the above amount is as 20 follows: 21 Damages are specified in No. 4 a. - d. above. In 22 addition, said computation of said damages is unknown at the 23 present time and will be presented according to proof, but are in 24 excess of $100,000.00. 25 DATED:- 26 ATED:.26 MARIA ARIAS, ind. , and as parent & 27 Guardian of VICENTE ALBERTIO CASTILLO and CARLOS ALBERTIO ARIAS 28 HARDWICK& MASSOD ATTORNEYS AT LAW 3 1811 ORAND CANAL BLVD.i2 STOCKTON.CA.95207 (208) 857-6904 .1 and .in behalf of the Estate of JOSE 2 ARIAS; and MAGNALENA VALENCIA, MAGNALENO ARIAS 3 BY: HARWICK & /�IASSOD 4 / 5 DAVID J. SSOD 6 i i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HARDWICK& MASSOD ATTORNEYS AT LAW 4 1811 GRAND CANAL BLVD.iZ STOCKTON.CA.93207 (209) 987-6304 • 1 PROOF OF SERVICE BY MAIL 2 STATE OF CALIFORNIA 3 COUNTY OF SAN JOAQUIN 4 I am a citizen of the United States and a resident of the County of 5 San Joaquin; I am over the age of eighteen years and not a party to the within 6 above-entitled action; my business address is 1811 Grand Canal Blvd., #2, Stockto , 7 California. On May 15, 1986 I served the within 8 CLAIM AGAINST PUBLIC ENTITY 9 on the interested parties in said action by placing a true copy thereof enclosed 10 in a sealed envelope with postage thereon fully prepaid, in the United States 11 post office mail box at Stockton, California, addressed as follows: 12 CLERK OF THE BOARD COUNTY OF CONTRA COSTA I3 651 Pine 14 Martinez, California 94553 15 16 17 18 19 20 21 22 I, Theresa K. Richards, declare under penalty of perjury that the 23 foregoing is true and correct. 24 Executed on May 15, 1986 , at Stockton, California. 25 26 27 28 MMDWICK a MA8S00 ATTORNEYS AT LAW ' 01 MUM CAMAL NLVD.02 STOCKTON.CA.96207 (109)967-6304 � r•!mss AME N D E D BARD Or SDYl4t9i. tS Q Cam Mn Ali, Maim uainst the yi-er WWI* umet to QaIIltlf!' June 17 , 1986 Rovera�d by the Board of %perviscrof 'lis ooyy or-me Pw Aoutini Bn6orsements1 VA Board notios of the notion taken cocayo�s• bY abs Active. All 300tion ratareno.a I" Board or supervisors (�'ar VIO IT# WMW)t to California Government Codes Sign PXguant to Goverment Code Swum O3 and 925.4• !tease note all • Maimants Nancy G. Maia Attar"ys Jeanette K. Shipman J(/ Sterns , Smith, Walker & Grell .�j N 31986 •ddresst 280 Utah Street San Francisco , CA 9.4103 Hand delivered jmounts $1 , 600, 000. 00+ Bir delivery to alwk an _ ax 2,8_, 1986 Date Readwde May 28 , 1986 By mile OoetaariosQ an erk 31 the Board Of pesor'i lot y Lttaohed is a copy of the above-noted claim. Wads _June 2 . 1986 PAIL MT MI Clarke s9 Wwo __QatfiX K les = y s Mark or the ar avervLowe (Check only one) `N This claim oamplieo substantially with sections yl0 and %0.2. ( ) We claim TAILS to o®ply substantially with sections 910 and 910.2, WA We OPS so notifying claimant. The Board cannot act for 15 days (Section 910.5). ( ) Maim is not timely filed. Clerk should retul claim on VV%Md that it Mas filed late and send v-arrinp of claimant's right to apply for leave to present a late Alain (Section 511.3), Others Oateds By: putty ty III. MWs Qerk of the Board 708 (1) County Goy ml a (2) Comty administrator r ( I Clain w returned as Mtissely with notioe to claimant G9eation M1.9). IY. �fR tranimous Ate of supervisors present C>* 2leis alJeeted in frill. ( ) Others oerti y ifisif this Is a true WW correct Copy Br► the �a en is vdmltes for this date. sated: 17 lam. omm 9 clerk ss► . 4 Ply C20* VAX= (OOT. Coda section IMA) DAjeet to certain ex0eptions, you trvn oMaiy six (6) Owths rhu the date or lois tiotioe w POrbOnally served or deposited in the tail to file a ooWt action oo tris ,lata. see Government Code Jeotico 915.6. Tay day seek the advice of an attanwy or yd's' atloid in 4010C idtb thLs tatter. 1f you rant to 00nmat an atta%& .Yt ?par should-do so immediately. �. B'Mt Mork or the Board IjDs (1) OPMty OP"Ol a (2) CWJnty Administrator Attb&jed are copies of the above claim. ye notified the claimant of the Board's aetivn an this claim by mailing a copy of this do umente and a memo thereof hu been filed Old &Waned on the Board'i copy of this Claim !.n .*=,dwM with section 29703. ( I A "truing or claimant's risbt to apply !br leave tot a claim Mas wailed to claimant. SITID:_SIIN 1 q 1285 PM ZVOMDRe Mork, By 71, ' , o DDPJty Qer,k CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County RECEIVED TO: Contra Costa County MAY Clerk of the Board 1 ,00 651 Pine Street CHK U.TCHE107 Room 106 LUK 0 Il n;$!s{gq^• ClJ Martinez, CA 94553 � � -• Pursuant to the provisions of Section 910, et seq. of the Government Code ofd the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Nancy G. Maia 913 Randy Lane San Pablo, CA :94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 913 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE K. SHIPMAN Attorney for Claimant 017-8 i i 'CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, '! inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control, repair and remove debris from 'Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have . known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamin?ation, mold and decomposition during the flood and escape efforts ; (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical, and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' feels incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n) Damages for other injuries which are not presently known . spablo.rpt j i 1 ' 4 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, re: Maia v. Contra Costa County RECEIVED TO: Contra Costa County MAYIL-11986 Clerk of the Board 651 Pine Street PHIL SA"LOR Room 1O6 CLER ARDTRA Martinez, CA 94553 e . Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Nancy G Maia 913 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemi ion of Damages" which is 'attached hereto. May 13, 1986 �--C JE TTE K. SHIPMAN A orney for Claimant 3017-B I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real �and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: i (a) Contra Costa County breached its duty to maintain, control, repair and remove ',debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior: to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously . overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3017-B (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; i s r. CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Maia v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; j ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant' s spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained, as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; . (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. i I I A M .-E N D E D Man Or Surwyl.4w ar OMA C=MT AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLO-OD -CON.TROL AO-WATE CONSERVAT�"6mment""'3'lad j]Wjj,.. June 1*7 , 1986, Clair Against ww Ownty. or In _met ipvwvsd by the 304,rd Of &PwT1 go *W to IN "ar 100tiAg &AWSSMU# 001d 3001M Notice at the motion WOOD an low no Action. All Section rtrw4noft aft" Board of ftarv"" aw"rwh IT$ )v to California Governpent Codes gVen Pzw"A to GoverTmont Code swum 113 and K5.4. P20M nota all Claimants Patrice Jensen ! Attaruqt Jeanette K. Shipman CQOW Stern, Smith, Walker & Grell JI!N 0 3 Addraws 280 Utah Street . 00 San Francisco, CA 94103 Hand delivered 4joir am- vets $1, 000 , 000. 00+ Ry delivery to Clark on maX28 . 1986 - date AWII"dt May 28 , 1986 wy =11I postmarked 40 -M: -Mark Ef the Ward -of 34irvisora 201 County cwjael Attached Is a COPY Of the above-noted Claim. bateds June 2_198 PM UTOMUM, Mark, p y -"a 7- -Kholgles, Clor ww DO" Or (Check Way am) TDI ark 0 IUD 01412 O=P1163 9UtGt&nt14I1Y With Sections 910 aid 910.20 Ibis Claim FAILS to Omply substantially with Sections 910 w4 IA0.29 and us 0% So notifying Claimant. The Board cannot act for 15 days (Section Sto.1B), Maim Is not timely filed. Clerk sho;Zd return claim an ground that It w" nud late and send WAMI Of Clkiftntlb right to apply for leaveto P WPM"to a late Claim (Section 9U.13 , Others INYT 2�" C7. 4�11 V M. nW& jC;srkofthe 9wa*d 20s (1) County Counsel (2) County AdmIrAsUsW • Malls yu returned 22 Untimely with notice to claimant (39ftlon IV. low By waniwus vato of wperylsors present !Alis cdalwAls rej&fted SA run* Others I Ger-outy- that thii is a tr"'E0 Correct copy ant-4-r-6-T SA yu- 011mites for this date. -Ntsdl JUN 7 Iggg "M UTOELON 9 Mark -A" • Clark of IM WAMM (00T. cc& Section IMS) Subject U certain Meptions, you Lave Mly Six C6) months rM the data Sr notice WS PwwneUy carved or deposited In the MI, to fila & W ab"' 8" w tea Goy =ect Cads30CUOU "SA. Jrt notion Ce ?Cu MY seek the advice or an attorney or yaw &0las to Connection alth this attar. It you want to Consult Nn attOrMY, VOU Bhmdd do so Immediately. T. "Mi Mark CC the Ma-d qjDj CI) County Counsel„ (2) 0"*Y AdmirAI2tMtCr Attached WO 00009 Or the above 03st . We wtirlsd the fiction an this dalmant of the swrldta 61'" by mailing a CM Or this dmjmto sod a NMO th~ W bmm filed and endorsed an W soamts Copy or tots C3.42 in I'SnOO with 3wtLon 29?03. A womins of Clalmentfs plot to 03afm t. to qpply rw ISO to t a claim I" mailed &ATMUM-1 Q 100r, "M KTOMLAM# Mark, ly A ftP*Y Clerk A Y CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jensen v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Patrice Jensen 5788 Robin Hood Drive E1 Sobrante, CA 94803 RECEIVED 2. The address to which notices are to be, sent i Jeanette K. Shipman MAY A98S LAW OFFICES OF STERNS, SMITH, WALKER & GRELL ,L A Lon 280 Utah StreetCLE KB ARD UPERVISOR NTRA STA San Francisco, CA 94103 1 . .. .... v . 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1219 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE K. SHIPMA Attorney for Claimant 3002-B CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and • subsequent contamination , mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained -while e,scaping from the floodwaters, mud and debris , and from the fear -for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt ^ ° , ,. . ' . . . ` ^ ` CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jensen Y. Contra Costa CountyFlood Contpol Dist + TO: Contra Costa County Flood Control District MAY 101986 Contra Costa County mm SuNROR 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of Cali*ornia, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Patrice Jensen 5788 Robin Hood Drive El Sobrante, CA 94803 2. The address to which notices are to be sent is- Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 18, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The , descri e~*sla��paem�� sdeunages= is in the, " Itemization of "Tary ���� � 7- --- --------- -- --�-'_-,- - J TTE K. SH -- , Ah±pdrney for Claimant ' 3002-B i e CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jensen v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknow€:iy, the-tesla tumnt_ . 1TEMLZATIGbLOE.._nnMAGE&t,1, (a)" image'"" r6ar property; n'clucIi ig but 'not limited" o d m hut' on in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment,. use and repair expense; 3002-B (c) Expense of preventing further damage from future flooding; a , P. Y CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jensen v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; ° (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; . (1 ) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and DamaWs far._other.".,t urie .arh:Leh:...a;re, nat. presently_ known..: A. M_E_N, D_ E_ D a voms or AW coca Mm--2 IN SM C1alm Igairrt the ftmty, or 41strivt CE 20 6amf mulled tPw e 17 , 1986 6ove�-nrd by the Dowd of Supsr*iaoe�s, !!ss cop! s pouting BrAwwmenta, and !bard actice od the action tainn ao pore a1 wo Actim. tll Section rsfarenar OV Board of visors (para rqh IT$ !alar), to California Goverment Codes given pu'suant to Govan amt Code sectiao 113 and 915.6• Heave oohs all • Cla acts Patrice Jensen ,ttoMWy= Jeanette K. Shipman / Sterns , Smith, Walker & Grell get. UN 49 19 Address: 280 Utah Street �� San Francisco , CA 94103 Hand delivered iowts $1, 600, 000 .00+ ft delivery to clerk CO _may 2 8 . 19 S 6 Date Deoedvsd= May 28 , 1986 By Dail, postmarked m erk if the BOArd Of pe son lot y mzim lttadad is a copy Of the above-acted alb. Dated: June 2 . 1986 FM AkTCHEL R, Clerk, NY 0th les : y s ark s" (Check only One) (X) This Claim complies substantially with Swt1Ons 910 and 410.2. ( !lits Claire !FAITS to comply substantially with Sections 910 WO 410.2, and tis aM so notifying claimant. the Board Owwt act for 15 days (SectiOo 910.0). ( ) Claim is not timely tiled. Clerk should rstum Claim ccs mound that 1t w Bled late and send warriof claimant's right to apply for leave to prosect a 3140 claim (Section g11.3). Otbart Dated: a ft: in. l7 ws Clerk of the Board 70: (1) County Counsel, (2) County idministmter • ( ) Clain vas returned as Untimely with ootioe to Claimtnt (Seeticn 911.3). I9. �eA�lD tBjtdrA SY unsanimo�z vote of wpa"Iwe presaat cw. CA lois a sliO is rt is cull. ( ) Other: certify that s Is a true correct Copy the 'a eo oinutes f tis date. Dated: UN 1 19bb r M a�MMM, Clerk, ByJAIA.J ° . I.p*y Mark 1tJlWW (Gov. Code Section 113) &abject to osrtain esoeptions, you have only six (6) months rew the date at a" ootioe w pwvwally sewed or deposited in the nail to rile a Oma room ao tU& alai,. mss Govenmwt Code seotiao 915.6. Iou ray seek the advice or an attar-my or pw Choles in Oarxactton with tea Matter. If rou want to consult an attoney, ysrn &%Mdd do so immediately. T. teals: Mark or the Board SDs Cl) Coasity oomsel, (2) Comty liinistrrater •tUWW are copies of the above claim. We notified the olW nit of the Board's setiOn On this Claim by nailing a 00" of this dooment, and a Demo ttxreot has been tiled Old endorsed en the Ward's copy er this Claim in accordance with Section 29703. ( ) L vwmlr►g or alalmnt•s right to aWy ibr lea tot a late claim saw nailed to Glaiaant. DATED: `X11% 19 W6 M KT=M o Mork, By 0 Depart? Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jensen v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Patrice Jensen 5788 Robin Hood Drive E1 Sobrante, CA 94803 RECEIVED 2. The address to which notices are to be sent i Jeanette K. Shipman MAY ,G1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIL CHELORs 280 Utah Street LER ARTRA UPERV 0 TA o •`,J, San Francisco, CA 94103 a .. 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. , May 13, 1986 J ETTE K. SHIPMA Attorney for Claimant 3002-B CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jensen v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3002-B (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; s,1 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jensen v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant' s spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et se -0XI Cf .4 1.-.gs re: Jensen v. Contra Costa County RECEIVED TO: Contra Costa County 14AY.�*, 1986 Clerk of the Board I:00ft M. 651 Pine Street PWL BATCHELOR Room 106 ERx B D COSTA OF SSI 1 ES C T Martinez, CA 94553 B " o Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Patrice Jensen 5788 Robin Hood Drive El Sobrante, CA 94803 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1219 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANET K. 'SHI Attorn y for Clai nt 3002-B CLAIM FOR PERSONAL INJURIES., __PROPERTY DAMAGE AND EQUITABLE.__RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive , as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of . damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from suture flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; .(_.f..)`_. -Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from-_-the -fear" for personal safety and the loss of and real ,and personal property in the event of future flooding; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; i ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation -or loss of time from employment and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i i 1 . AM .-ENDED IV V Cr sures iL w ar Cosa acioRi't, gLlloleRA AND AS THE GOVERNING BOARD OF THE CONIRA COSTA COUNTY- _ ClaLLD CON �O� W TSE CONSERVATIM�� June 17 , 1986 ApIrWt governed by the Board of Aupervis"t Tw copy • ed to to Par 10AIng Er�dot�se wta, and Board eotio0 of the notion talo on your w taw Actim. All Sectien r.farenoer are . Board of AverTIO" (para "i Two balw), to California Government Geodes giAo pxsuent to Qove+rsment Coda Seotiea �3 am ItS.%. Clew note all Cww C1112aat: Clay Jensen JUN 0 31986 Attorney: Jeanette K. Shipman Stern, Smith, Walker & Grell � . Addrrrs: 280 Utah Street San Francisco , CA 94103 Hand delivered ANOWt: $1 , 000 , 000. 00+ By deli wr7 to clerk on may 28 - 1986 bate 10001 wd: May 28 , 1986 ' Sy Wil• post'~ an . erk of NpeFgwrs lot MOREY Diaz Attached is a copy of the above-noted OWN. bated: June 2, 1986 lull. VATM=j CLerk, BY bio- - - jes = y colunbil IN Mark or Va Board CC &"MLOWS (Cheek only one) (�() IW s claim ocmpl i es subetanti ally with Sections IMO WA 410.2. ( ) rats claim fAII.S to o®ply substantially with Sections 410 and OMO.29 and we ars no notifying claimant. 7be Board oannOt tet for 15 days 4Ssatiee 140.8). ( ) Maim is not timely filed. Clerk ahmdd return claim an groused that it w tiled late and send warning of elaimantfs right to apply for leave to present a date claim (Section 411.3). ( ) Other= bated: By: poly ty III. : C10rk of the Ward SC: (1) County Counsel, (2) County Administrator r Qais was retwmed as untisely with notioe to olaiwant (Section 01.3). I9. VDAB'D OR= unanimous vote of Supervisors present OSS leis oiaim�is ra in !�]l. Other: oertify-that this Is a true sind oorrect Dopy the Board's en y airslt�rl�is elate. Dated: "M BATOMM. Mark. 01 DOP3ty mark Ykwm (00v. Cob 30otion 03) bbjftt to osrtain 0zoepticns, you lays wily sin (6) sonths ljrw the date tet lain notice w personally served er deposited in the =11 to file a cart Wtim an tbia elais, sea 00.eunment We 30OLIM 945.6. You MY seek the advice of an attorney of ear doias in oorc= ton ultb this Uttar. If you mint to oonmdt Im attonWy, you should do so Immediately. T. nMi Cie:rk or the hoard !D: Cl) Oouncty CoeMd• (2) County Administrator Attaaw ars copies of the above claim. Ve notified the etlaiaaset of the boardts aetion an this claim by nailing a copy at this t=t-d#h1= a 1=0 thereof has bran filed and w4weed on the Board's copy of this Clain With Sretion 29703. ( ) A rarmina of :l•.�^t's riot to Wy lbrr lea to t 7 a Olais Mtn nailed to olatae�nL. atTID: 111N 1 4 nt. fSII, IIIY MM a Mark, � v testy Clerk J iY CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jensen v. Contra Costa County Flood Control District + TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of' the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Clay Jensen 5788 Robin Hood Drive E1 Sobrante, CA 94803 RECEIVED 2. The address to which notices are to be sent is: Jeanette K. Shipman 11 MAY41986 LAW OFFICES OF . STERNS, SMITH, WALKER & GRELL �� ` PHI Woo sE�eaviso 280 Utah Street TRA " San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1219 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANE Atto ey for Clant 3002-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries. and property damage, both real and personal , on or about February 17 through February 20, 1986, ; inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; F (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from suture flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained -while escaping from the floodwaters , mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt CLAIM FOR PERSONA_ INJURIES, FR(.1.PERT`v DAMAGE AND EOU I TABI....E RELIEF Government Code, Section ?IQ, Pt seq� out A"At If Gbf • } . •7:��o * to 1 _: n# ATI bob;Tn-YtG ' I)IkTn!it, n Contra Costa. County 651 Pine Street PHIL S*QUOR Room r^_ LERK B RD OF SLI RVISORS C T COST Deputy Martinez, CA 94553e Pursuant to the provisions of Section Ott, et seq. of the Government Code of the State of C:ali4ornia, claimant claims damages and equitable relief from Contra Costa County Flood Control District. t The name and post office address of the claimant is: Clay Jensen 5788 Robin Hood Drive El Sob r"ante} CA 948OZ The address to which notices are to be sent is, Jeanette K, Shipman LAW OFFICES OF STERNS, SMITH, WALKER I GRE:.1._ _ 220 Utah Street . '=ran Francisco, CA 9410:7 3. The circumstances which give rise to this claim occur"r"ed on February 18, 1986 .and are described in " The Basis of the Claim'' which is attached hereto 4. The names o+ all Public, employees causing the injuries, damages and losses .are the agents, servants and employees of Contra a l.osta, County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 000, Flis an amount, presently unknown, but believed to be several million dollars, for the repair" of drainage systems to prevent future flooding. The description of the claimant ' s damages is in the " Itemi�"--or" of Damages" which is attached hereto. May 13, 1986 rAN .T7'E" K. SHIP IAN :•t+"._r-nQ�: for Cla . ..ant i I I 1 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jensen v. Contra Costa County Flood Control District . t d) . :tense -farfor aims a£ c3aimasrt :and volunteer it s; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. i I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jensen v. Contra Costa County Flood Control District R&,BASISMDF.: :.CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to� said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3002-A (c) Expense of preventing further damage from future flooding; _ . .. , --- • - • -A- Cr M E N- DED - -- - C! or d�Ni �Sft Q90lr!'i ' s• Claim LPIthe Oo�tys or blArlot June 17 , 1986 sots �s �a oa�eaa`� I�ed to is has' goverfled by the Board of 'upsr*i coir! pouting �6orsemrnts and Board motioe of w action taken an �: Oala�srj; no Action. All section nfarenoes ora Board at �'d� �ar'aF'� �$ �i wen pursuant to Cal i tornf a government Codas ursant to tiover�ment Cods Scotian 113 sad 915.46 !lease nolo all Claimants Clay Jensen .. UI* ww" ltta lms Jeanette K. Shipman JUN Q 3 1986 Sterns , Smith, Walker & Grell Sddroest 280 Utah Street San Francisco , CA 94103 Hand delivered Bnowts $1, 600, 000. 00+ By delivery to clerk on _may 28, 1 A R 6 Mate &*WV@dt May 28 , 1986 By mails postmarked an . erk R the Board of XRFRsods lot County Mwi •ttaehed is a copy of the above-aoW 022,101. Datsdt June 2 • 1986 PM UTCHE"s Clerks BY &*�, ath tyles = y : ark W UN 006M 4C SUPGrV19" (Check only one) (\A Ibis claim oamplies sub9tantially with sectiows 910 and 910.2. ( This claim 1rAIIS to oamply substantially with sections 910 and 910.29 and We ars so notifying claimant. She Board cannot act for 15 days (Section 910.5). ( ) Maim is not timely filed. Clerk should return claim on g vuM that it Mas tiled late and send varni of claimant's riot to apply for leave t0 present a late elaim (Section 951.31. ( Others - Otted: By: � Rrt Y ty muiwi M. 16t Clerk of the Board 10: Cl) County ftraols (2) County ldministrotor Main wu returned as untimly with notice,to claimant (Section 91.1.3). V. Mw By UUrdmoun Ate of Supervisors pent Q4 rats ol&1&2 re in lull. ( ) Others errLi y that this-is a true correct copy of the 's anIn Ito batedf: VIT19s Wim. wnmm, Mork, sy ri. . 9.0 uty Mork YtHIri X (Oov. Code Blatt= 313) Dnbject to certain osoeptions s !vu ba" only six (6) months th s the tat• at this notsoe wu paracnally served or deposited in the sail to file a nowt action an this Alata. ase Govanent Code Ssotiao 945.6. Tau toy seek the advice of an attamey of tow d1boios in corrteetiati rith this Batt-or. If you want to consult an attorney, ?ou shotdd do so tmsediataly. V. "Ms Mork of the Dowd !0: C1) County oas»al. (2) Cwmty •ftinistrator •ttaattisd are copies of the above claim. We notified the claimant at the Board's action an this claim by sailing a copy of this doaamts and a moan thereof has bow filed Md endorsed on the Board's copy of this Claim in With Section 29703. ( ) • Maruing of claimant's right to fly ibr lea to t a late Blain mw sailed DITEN �., NIL 3tT=L0R s Mork, Tf DsPA7 Clerk V. .CLAIM FOR PERSONALIINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jensen v. Contra Costa County RECEIVED + TO: Contra Costa County MAY a,d1986 Clerk of the Board hc c) p 0- 651 Pine Street PHIL BATCHELOR =C� RD OF SU RV ORS Room 106 �RAcosT Martinez, CA 94553 s °e Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Clay Jensen 5788 Robin Hood Drive El Sobrante, CA 94803 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1219 Brookside Drive, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE K. --§—HIMN Attorney for Claimant 3002-A ?ERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM sustained physical and emotional injuries and property )oth real and personal, on or about February 17 through 20, 1986, � inclusive, as a direct result of the negligence, less and recklessness of said entity and its agents , servants )yees as follows : I entity breached its duty to maintain, control , repair and �bris from Wildcat Creek, San Pablo Creek and San Pablo Dam. said dates of damage , said entity knew or should have known , actual and constructive notice that San Pablo Creek and :reek serve as a natural runoff and drainage system for water ited by seasonal rains and had previously overflowed their 1 entity failed to develop, design, require or demand an design and construction of a drainage system for residents .ty of San Pablo, and failed to warn of impending flooding ; i entity maintained and continues to maintain a nuisance due :adequacy of drainage, creeks and other drainage systems and, :ilure to maintain , control and repair same , should be to compensate claimant for damages and to take all steps to abate the nuisance ; •eason of the foregoing, said entity maintained and continues An a dangerous and defective condition of its property; . entity was negligent or otherwise liable, including acts ions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: ge to real property, including but not limited to diminution loss of use , enjoyment and rents ; repair expense , 1 living, moving and storage expense ; ge to personal property, including but not limited to the njoyment, use and repair expense ; nse of preventing further damage from future flooding ; nse for debris removal including reasonable compensation for laimant and volunteer laborers ; onal injury caused by the floodwaters , mud, debris and t contamination, mold and decomposition during the flood and forts ; ( f ) Emotional distress and other personal injuries sustained while .escaping from the floodwaters, mud and debris , and from the . fear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ' ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt '. CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jensen v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the cla mant \ Clay Jensen-^�� •�� 5788 Robin Hood Drive j, j'� El Sobrante, CA 94803 LE D2. The address to which notices are to be sent � 1986 Jeanette K. Shipman LAW OFFICES OFC ' 'JASTERNS, SMITH, WALKER & GRELL osuweo!s°280 Utah StreetlJr San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 __ � _�=-- -�=------ JFr NETTE K. SHIPMAN Attorney for Claimant 3002-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jensen v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: ( a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3002-A (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; ' CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jensen v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant' s spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. . ... _ _ . . . .. _ ... 111 AMENDED -- - D - -- or su s ar cam mm 000Rtt� an aoer=� SWAM Claim Wrest the Cmmtys or bistrift June 17 , 1986 Of � CL► !0 Q.AD�t�!' ed to L �' governed by the Board o 'uD��'a• ooH Routing a dw sawte, and Board MUM of the action taken m yes:' b! !!� Actiaa. All Section refarsnora ars Soatd of ftwMis" )10 to cal i tons a rkovernmeat Oodas �i wn pursuant to Goverunct Cods seotiian 913 Mara L. Wichner, a minorm" !1514' !lease note au � �0 Clairit: County Co"I AtUw%"s Jeanette K. Shipman Sterns , Smith, Walker & Grell JUN O 31986 Address: 280 Utah Street San Francisco , CA 94103 Hand deliveredfnQLCAJ � Awwts $11 000, 000. 00+ By dsllvary to Clark an mgy 28- 19,90; SateBeoai w0: May 28 , 1986 by nail I Postmarked an erk the Of pe soh lot CROty •ttached is a copy of the abors-noted Claim. O)Oj" L�ia� P"uty Oateds _June 2— 19$--RM ZVOM OR- C Wks 31,Y athovules t COLFty camel TDs (Check only ane) (� '!leis claim oamplies substantially with Sectio:cs 910 slid 910.2. ( Timis 0241M TAn s to o®ply substantially with Sections 910 and 910.29 WA Ms ars mo notifying claimant. The Board oaanot act for 15 days GSeotim 910.0. ( Claim is not timely filed. Clerk shmad return elms an vvur d that it was filed late and send Varnin� of claimant's ritrrt to apply for leave to present a late Main (Section 511.3). ( Others Dated: e�-E..- ty III. nMt Clerk of the Board 100 CO County Goussel (2) County Adainistr%W ( dais was returned a, untimely with notioe to claimant (Sectito 911.3). I9. DQAR'D t2tZ A unanluouus Ate of supervisars prasaat !his Ci7u0- rejected in full. ( ) Mors osrti y that this Is a true iR oorreat copy or the Board's en s minutes for this date. Dated: JUN 17 1986 "M VAIVELM, Clerk. syr 01 ° . DaPAY MWk VAWM (00v. Obde Sedum 413) Subject to owUln esoeptiaas, you Dan Only ai: (6) months thu the !late Sr lata notice was peQ•sanrlly served or deposited in the mil to file a own acticc oo tats algia. dee Gover•amt Code 3eotiao "5.6. You my seek the advioa or an atta W or yo' ahoioe in OwV*ctim with this mtt4r. It you rant to omvdt an att -my, you ahmad do so twediatelye V. IMs Clerk of tea Board 4j), Cif pcasrty Cosssserl� (2) County ibministmtor Attadad are Copite of the above olais. Ye a0tified the elaisant of the Soard,s •etion an this claim b9 sailing a Copy of this doomeat, and a memo thereof hU Oman tiled and andarsed oa the Boardf.s eopy of this Clair in &*=1anoe with 'Odom 29703. ( A VWMIng acc elaiasnt's rift to apply ibr Iva to t a late dials w tailed to DATID: JIM19 �g fit. ZIMM,OR, Qom, S Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq a,_..J�, re: Wichner v. Contra Costa County RECEIVED TO: Contra Costa County MAY d t 1980 Clerk of the Board 1-.00 P M• 651 Pine Street PHIL EATCHELO: L Wf)O,S Room 106 T��•cusT Martinez, CA 94553 c D,I J. Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Mara L. Wichner, a minor By and Through a Guardian Ad Litem 1010 Barbara Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1010 Barbara lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 AXNETTE K. SWIPMAN Attorney for Claimant 3020-C CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq.. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive , as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows: (a ) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in, the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due- to ueto the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Mara L. Wichner, a minor By and Through a Guardian Ad Litum ' VW 1010 Barbara Lane San Pablo, CA 94806 L�IEEIVED 2. The address to which notices are 'to be sent iY i6gJeanette K. Shipman 85 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL IL 9A CHEL0R IC F 11 "VIS280 Utah Street A ST O. -r" San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 1 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 GZ2�7 J TTE K. SHIP A orney for Claimant 3020-C CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3020-C (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; i t s ppp a CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt A M 'E N D E D Or Cr Cam Coau T. c AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FL09D CON ROL jW�,W CONSERVATI j���t June 7 , 1986 Class As see Wy, ar •�� soveraed by the Board of Supavisars, ms am s c mien ' Touting moos sw"Ita, and board notice o< the action taken On has' b� the ActioU. All Section, referanar are �si"d of D�''�8 w �o �• °r)• to Calita-ria Gooerrmert Codes gtvc pjw=t to Gontwient Code Scotian, IL3 MMMMUMM and 915.4. Hesse note all riiarsi "ri Claiasits Mara L. Wichner, a minor.. ��U cajaw AttorWs Jeanette K. Shipman JUN 0 31986 Stern, Smith, Walker & Grell AftneL CA 90%1A Sddrrsss 280 Utah Street San Francisco , CA 94103 Hand delivered Asamts $1 , 000 , 000. 00+ delivs 7 to clerk on, _May 28 , 1986 Date beosiwds May 28 , 1986 By Mal, post'~ an erk of Supervisors 701 ORREY aiiiza lttacbsd is a copy of the above-noted nlaia. Dateds ,June 2, 1986. SII. BATC EUR 9 Clerks By Nk�' : y Camel TDs Clerk 6P Me DO&M or 84WVLX" (Check only one) This claim oamplias substantially with Sectiam 410 end 410.2. ( Ibis claim i+An.S to comply substantially with Sections 410 ane 910.29 aid we av so notifying claimant. The Board oannot act tar 15 days (Sectioe 910.3). ( ) Claim is not timely filed. Clerk should retuv elaim on pvaad that it was filed late and sena wArning of olainLWo right to apply for leave to iresent a lags claim (Section 411.3). ( Others Dated: 7 putt mmty MGM sommmmm C/ III. nM: Qerk of the bird 10s Cl) County Counsel, (2) County Administrator r ( Main ran retunrad as mt1wly with notioe to claimant (Scotian, IU.3). IT. 1000 unanimous vote of Supervisors present OO 2ws 61 re in !till. ( Ouars I ! thithis Is a true oorrect copy the '• an, Ated: Tt"N 17 "M bATOELM 9 Clark. �► ° . Dspntt Clerk . WARN= (Gov. Code Saation 913) object to ourtain esoeptioosa Im have caiy cis (6) months brae the date ci we notice was pea-acr lly served ar deposited in, VAa axil to We a aunt action, to tDia alata. see Gov&—Mont Code Section, 915.6. You gay seek the advice of an attormy ee lour choice in owractiao ulth this vatter. If yvu rant to consult an attorney, you should do w i®ediately, f. alis Clerk of the board IN Cl) Coynty DMIMl s (2) CWMty Aftlid natar Attached ere copies of the above claim. We ratified the closeout of the board's action an this claim by walling a OM of this dooumts orad a Mw tlkreof hay been filed and endorsed ori the Board's copy of this Claim in, a000r'dan0e with Section 29703• ( ) A yarning ot. f ol.aiaant's right to apply !br lea tot a late claim w walled DIATID:!J�989 !SIL UTOMM a Clerks By Jr. v Sfeputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Mara L. Wichner, a minor ' By and Through a Guardian Ad Litem 1010 Barbara Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is: II"fiv a)A1986 Jeanette K. Shipman LAW OFFICES OF STERNS SMITH WALKER & GRELL PHA Tc e�oa �L ARD WAVVISO r NT 05TA 280 Utah Street T San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1010 Barbara lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETIfE K. SHIPMLA Attorney for Claimant 3020-C CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage , both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents ,' servants and employees as follows : (a ) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; j. (d ) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited . to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; a • a ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt r. � CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County Flood Control Di VOT / � / TO: Contra Costa County Flood Control District rRECE1:1 | Contra Costa ;County 651 Pine Street Room 106 PHIL R BATCHELOR 'sots Martinez, CA 94553 k1141XI COO,511' ,L;ZaL-- Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District . 1 . The name and post office address of the claimant is: Mara L. Wichner, a minor By and Through a Guardian Ad Litem 1010 Barbara Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair oj�.draipsqe .systems tcgprement'futu-re f�,1oodi�T. The - c4�scri�t�zzn cs�~r��es�ci�ai�u�nt 's d tb��� ' Damagesi whic±x is'-e±tac6ed heretzz. '' ' '. May 19E1+ / � JEA El E K. SH . A/ ey for Claimn�( � 3020-C CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently !TEM=T10rT"OF DAMAGES: a) rv .. �_ iudirt 'Ott: nth"Z3itrti `' 'harcr :, in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3020-C (c) Expense of preventing further damage from future flooding; a CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabc lit — !.-.N-- - `m Cr or Cam cm- O=M-, sm MainApInat the County, or WWI* C2 !0 Q.A�tA11? June 17, 1986 tcvwTod by the Board of puparvisorso 7be Copy s ed to is par iloutiAg woorsementa, WA bard wtioe of the s►oticn talon as you[' !ry wo Action. All Section W&14n r erg Board of awdsors O w 40 r. bales)s to Califw rja 0overnment Codes given pis rma to Government Ooae Isodose �3 end Its.%. rlease note all Maisants Sanford Wichner Attoeady: Jeanette K. Shipman JLIN0 31986 Sterns , Smith, Walker & Grell Addriu= 280 Utah .Street ft*"ft San Francisco , CA 94103 Hand delivered Awowt s $1, 600, 000. 00+ 'y deli very to Clark GO _May 2 8. 19 8 6 bat; beodwd: May 28 , 1986 Sy sail, Postmarked an ark of Kipervisors 16, county Diaz Attached is a copy of the above-noted alms. June 2 . 1986 J ted= u PM UT0�MM 9 Clerk& gy Wadi ath tyles : County cminsil 7Ds or (Check only one) IIsi* claim onmplies substantially with Sections 1110 end 410.2. ( this Claim TAILS to Comply substantially with Sections 610 and 610.2, eetd we are so notifying claimant. The Board oannot act for 15 days GSection 610.8). Maim is not timely filed. Clerk s?:ould return claim on VNMA that it was tiled late and send r w%1 of claimant's rift to apply for leave to present a We claim (,Section 911.3). ( ) Others Gated: ay: Dity ty III. MlLfl: Aark of the Board 201 (1) ty Counsel, (2) County Administrator ( ) Mame ray returned as mtisely with notioe to claimant G9eetion 91e4)e IV. W0m 8Y animous Ate of Supervisors present 7419 olaim^is rejected in ftU e ( ) Others Certify Wat iRs Is a tnse ia ocrerot copy or 's en is 101MA" for this date. Ated: 17 V86 Nn SI1TR mm. mark, Vyy , Deputy Clerk VAN= (am. Bode Section IM3) object to ocrtain esoeptioos, lou hays only sis (6) sonths leas the dote d lois aotioe w Pw4w cmlly served or deposited in the nail to file a cou t action oo lois alma. 300 Goyenment Code SOLUM 945.6. Tau my seek the advioe of an attocesy of poor choice its oonrwtion tdth this atter, If !ou rant to consult en attottsey, 7Ou shadd do so L®ediatelye 1. Ali: Clerk of the Board ID: Q) Oowty OOu!' ds (2) Cminty Administrator Attached are COPies of the abm claim. We Wtified the olaisant of the board's action en this claim by sailing a COPY of this docu mt, end a ano thereof Acs been filed Md d Mdarsed Mthe board's Copy Cf this Claim in a000rdanoe frith Settim 2"03- A werning of claimant's riftf�qntght to apply ibr lea to t a eats Claes tai nailed DATED 1 66 tBII, 31791E OR s Clark, By , .... _ 1e}Xaty Berk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et jj'�� re: Wichner v. Contra Costa County � ��IV��J + MAYA?' 1986 TO: Contra Costa County l:oo p.M Clerk of the Board PMR P.TCHELC' 651 Pine Street E1.K eo r;;xs!u C;:. h.GJST! D Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Sanford Wichner 1010 Barbara Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, .WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1010 Barbara lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 lY1�-+1 ANETTE K. 'SliIPMAN Attorney for Claimant 3020-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive , as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; n (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build , repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt a �a CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant i Sanford Wichner 1010 Barbara Lane San Pablo, CA 94806 R-ECEIVDIJ 2. The address to which notices are to be sen is: Jeanette K. Shipman MAY 1 Lo1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIL8 TFHUAnO GEgU1SOR 280 Utah Street C TR T San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemiz ion of Damages" which is attached hereto. May 13, 1986 J TE K. SHIP N rney for Claiman 3020-A � J CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3020-A (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; • CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i ) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. A M E N D E D 7777 CLAW AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FL D CON ROL _W�1 E CONSERVATI IwEiMA to L Claim AS 0tu 9 �y, er9 June 17 , 1986 goverasd by the Board Of 'upa�rvis" "s Cop? • Par pouting nr4wiame�ats, and Board aotios of the action taken an low IN as Action. All Section r4famoee spa Board of 94 rdson Pb 1T$ 681409 to Calttornia 00TW40Wt Codas given psw"A to QoCods an S3 and 215•4• 7140.54 note all eitarnit�M". Qalowts Sanford Wichner Attaemsy: Jeanette K. Shipman COU*�lA Stern, Smith, Walker & Grell JUN 0 3198 Address: 28 0 Utah Street 6 ss San Francisco, CA 94103 Hand delivered `• • rrxat s $1 , 000 ,000. 00+ ft deli very to clerk an Ma!2n%" nate 19001 wed: May 28 , 1986 Di' milt h0barw an - . --Mork O Ye sora lot amy Maio ituabed is a copy of the above-noted 61412. Dated: June 2, 1986 PH= BATOC=, Clerk, BY jWPAY : y : er (Check only one) (� !leis claim o®plias substantially with Sections 210 end 210.2. this claim FAII.S to comply avbstantially with Sectiorm 210 end 210.2, end We ars so notifying claimant. Zbe Board Carnot act for 15 days 4Seotion MOA). ( ) Claim is not timely filed. Clerk should rets claim on band that it teas tiled late and send warning of claimant's riot to apply far leave to p%eseast a late claim (,Section 811.3). Others area: By: �� any ty su. : C14rk of the Board 70: (1) Cointy Counsel, (2) Canty Aminiatrator Main was retwned as snti=ely with nvtioe to Claimant (Section 2x1.2). IT so= 01mlR wnim in vote of Supervisors present Q4 !tela 01 re in bull. Others . 11 y that this Is a tna nonfat Copy the Board's en is sinvtes for tug dote. naive: 9885 r m B�A'Tcmw clerk, Dir0 . Deputy Clerk _ VA24ttlIC Mov. Cc& S4ctiao 213) Subjeot to amuln exceptions, you cave Deily six (6) wntha fhcee the date at lass entice w parsonally tarred or deposited in the sail to tyle a Cart aotian an tam slat=. See Government Code Section 945.6. You gay asek the advice of an attarzwy of your aboioe in Cog Ion tlths We Patter. It you :ant to Commilt On attosMMy, You shaild do so Imodiately. •. "M: Clark of the Soars IN Cl) Camty owzml1 (2) Canty Administrator Attached are Copies Of the above claim. We notified the Claimant of the Board's action on this Claim by smiling a Copy of this doaieat, and a new thertrof hu bm tiled Md unda M. ee the Board's OM of this Claim in accordance with Section 24703. ( i taming of claimant's Plat to apply ibr lea to t a late alms mw ■ailed to alaisant. WED JUN 12 i4Rf �II. 11COMLOR, Mork, Sy ° 98Prty Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contia Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Sanford Wichner 1010 Barbara Lane " San Pablo, CA 94806 T -ECEIVED 2. The address to which notices are to be sent is: j� Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, .WALKER & GRELL ► llBATC ELORVMORS 280 Utah Street CLERK '"RR°A°o Aco San Francisco, CA 94103 e 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1010 Barbara lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEA99TTE K. SHI MAN Attorney for Claimant 3020-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive , as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows: i (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) , Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; j i i r ti (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters , mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained ;as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i ^ . ' ^ ` - CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code. Section 910r et seq re: Wichner v. Contra Costa County Flood Control D + TO: Contra CostCount- Flood Control District MAY), 1986 Contra Costa CountY. 651 Pine Street PHIL BATCHELOR ORS L 111K 90 RD OF SLIFEWS Room 106 Co Cos Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Sanford Wichner 1010 Barbara Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The de t�� es=��" �o°'the�'Itemiza��oo. o� ^ `\ _ ____ __________ J AN TTE K. SUPPAN \ Att ney for Clabmat / 3020-A | � | CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknow b3L.,,thQ--.cta man..,.. (a 3 D w . � a 3. a a csr . _ in value; loss of" use-, enjoyment and rents; repair expense, . additional living, moving and storage expense; (b") Damage to personal property, including but not limited to the loss of enjoyment; use and repair expense; 3020-A (c) Expense of preventing further damage from future flooding; I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County Flood Control District I ` + (d) Expense for debris removal including reasonable compensation for time of claimant Iand volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; � ( f) Emotional distress and other personal injuries sustained while escaping from the' floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (rL, images f az..--other Am-Juries whiah are not-presently known. `I b AMENDED _ ars cr supay1m ar INS MCA CM-01, 9MMM AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY _ FL D CON ROL W E CONSERVATZ June 17 , 1986 Clain Against � UMMY, or�.te�'e� �'�6__ q, ed to s.► � gDvw%*d by the Do" of Supervisors, se ooh clouting �6orsawnts, and Doerd wtioe of the action taioan an Da:' y t!r Actica. All section refernoas ire Board at a,:par+dsors O&MV420 ITI b")r to California Goverment Codas given Prousnt to commmemt Cods Seotim IL3 Md !lease note all aitaroi ". Claimant: Shelby L. Wichner, a minor Aunty CowuM Attarney: Jeanette K. Shipman JUN 0 31986 Stern, Smith, Walker & Grell MS Address: 280 Utah Street tB , San Francisco , CA 94103 Hand delivered Anoint: $1 , 000, 000. 00+ By delivery to clerk 6D May 28 . 1986-, nate Beoed ved: May 28 , 1986 B9 evil P�tw' oo .. . irk if M lowrd of §rP_eF90:Fn lot County aaam Attaebad is a copy of the above-noted claim. . Dated: June 2 , 1986 PHIL DATOMM, Clerk, ByL ' = County : Mark g) tat boara cc avwTaws (check wily one) Plias claim omplieo substantially with Sections 910 and 110.2. ( his claim FAMS to oamply substantially with Sections 1110 and 910.29 WA We ars so notifying claimant. The Board owmt amt for 15 days (Seotieo 910.5). ( ) Geis is not timely filed. Clerk should return claim an gmmm:d that it was riUd late and send wwrd � of claimant's rigtt to apply for leave to present a lata elm (,S s ection 411.3). t Otieer: Dated: tee_ By: Deputy CiEfy ISI. !fel: Clerk of the Board 20: (3) County Cmnsel, (2) County Administrator ( Main was returned as untimely with aotioe to claimant Glendon 9 .1.3). IT. MM �PRBy uunlaous vote of Supervisors present aa+ P4 Phis olaim"Ys refect in 1411. t � Otear� owU y that this Is a true and oerrect the "a en t� shutes for" s date. Dated: 17 "M UTCPELM 9 Clerk, By ° . deputy Mwk MI M1UO= (Gov. Coda sectiwn 913) D&J"t to oertain esoeptiaos, !ou have wall ail (6) months Dram the date at We bound w parsonaliy served or deposited in the nail to rile a Dart wtiwo 0o tag alms. See Cow MOCt Cods SeCUM 915.6. Tou mal seek the advios of an atta mey of Oar wboioe in oaviartion Vith tail Wtter. If You :rant to Omwdt an attorney, yvu ahauld do so tamediataly. T. FM: Clerk of tel Board IfD: (1) Cmsity ftZM11P (2) Colunty Administrator AttaMhed are copies of the above claim. We notified the olaisant of the Board's action an this claim by eall"I a Copy of this do Ment, wad a memo thereof has been filed and endorsed m the Board's copy of this Claim in aeoor"darm With Section 29703- ( ) A wrnIng Of alaimant's right to amply rw lea to 77t a Late claim w nailed to elaiaaat. D�l'PID s t�m 1 q ASK !�L ILTOMDR, Mark, By - -- Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County Flood Control District 1 + TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimantV�- :�-<-� Shelby L. Wichner, a minor By and Through a Guardian Ad Litem RECEIVED 1010 Barbara Lane San Pablo, CA 94806 tl AY �-� 1986 2. The address to which notices are to be sent is: LOR Jeanette K. Shipman oILR TFSUPERV60 TRA OSZA. -• LAW OFFICES OF e ... . ,.. ���ti. STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1010 Barbara lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE K. SHIPMAN Attorney for Claimant I 3020-D CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF - Government Code , Section 910 , et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, � inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; i ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant 's family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . i spablo.rpt ' , CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seg. | AAAJS-RPI " re: Wichner v. Contra Costa County Flood Control D + RECEIVED TO: Contra Costa County Flood Control District MAY 1& 1986 Contra Costa County 651 Pine Street KI W&ROR Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, at seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and most office address of the claimant is: Shelby L. Wichner, a minor _ By and Throuqh a Guardian Ad Litem 1010 Barbara Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF ` STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 ` 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses arVthe agents, servants and employees of Contr! Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the reps4rl to"prevent future flooding. The osamss `tssL rmv the�'^I Damaqea�7 whjj::�b- i-s e��tachey±- here ta~^- Ma1zy `rqE7ar ' � TE K. SHI�M | �.� r rney foClaims� �� 3020-D i •. CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County Flood Control District ! THE BASIS OF THE CLAIM I Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknowns:,by..tbft4: last. t'I'E9IZXTIOIY7'O7"-II7=GES: a) DII3 " `„ in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3020-D (c) Expense of preventing further damage from future flooding; r ' r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County F1ood. Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt Q AurwVIM tr Cwt ASIA MwffA + • !i0 Qa r June 17 , 1986 Qais wwt tae Oas:tys or bistriat CH eQ to Is Tris' 4Overned by the Hoard of Supervisors# !ha onpY s Routitng sn6orsemsnts, and Hoard totios of the active Wan on pots' bl tb• 2ctice. 211 Section rsfar"anosr arD DOard of supsrdo" (Pa w%* ITS !alar), to Calironnia Govar mit Godes given Pzsusnt to GoCods B tion IL3 Claimants Shelby L. Wichner, a minor 115.4. nesse nolo all County 2tta -Mg Jeanette K. Shipman Sterns , Smith, Walker & Grell JU Adds 280 Utah Street N D `� 1980 San Francisco , CA 94103 Hand delivered � 2�ats $1 , 600, 000. 00+ Dy delivery to Clark a _May 8 . 198 6 Date Deprived: May 28 , 1986 By tail post marko on _ erk if the bwd of X5iRIDWS 15, y •ttaehed is a copy of the above-noted alai?. • Dateds June 2 _ 19 8 6 !HIL UTOELOR I Ctarkg By nth K les = -County : MarkW (Check wily ane) (X) This claim o=plies substantially with Secticm IMO std IM0.2. ( This claim ?AILS to o®ply substant i ally with Sect i ons 910 and 910.29 saki M tea so Notifying claimant. The Hoard Carnet act for 15 days GSsotieo MOM. ( ) Claim is not timely tiled. Clerk shmad return elaim an gmu,d that It w tUed late and send rearmn� of claimant's right to apply for leave to present a late Claim (Section 91.1.3). ( � Others By: LA-j1,C. putt ty ra. PA&s Clerk of the Board IN (1) County Carml e (2) Comty Administrator • ( Main was retwned as mtisely with Notice to claimant (ftction X1.3). 19. DOAK OIGaD,�t Byunanimaus vote of Suparrison present This elrsJected in !till. ( ) Others oerti y that this Is a true coneeet copy the 8oa:d•D —ft tri minutes for tMS date. tatedt 7 1 �b PM M TMMXP, Mork, lr Deputy Mark WV= (00.. Dods section qi3) subject to certain esoeptlwa g you lave only six (6) sonths firm the date at this sotioe was personally served or deposited to the tail to rile a Cart room an this Claim. ass Government Code 3e0UGO 315.6. Tau my seek the advice of w attorney at poor abolce in acrrActIM with this tatter. It You want to consult an at!!=, ?ou shmdd do so lowedistely. T. n!: Mork or tee Board TDs Q) O �UBty Comes!, (2) Casty Adminlatmtor 2ttadwd ars Copies of the ebm claim. We notified the Claimant Of the Doardis action on this claim by tailing a oopy of this dootmeat, and a trona thereof has Owen !Sled and andarsed m the Board's Copy of this Maim in with Statim 29703. ( ) 2 earning et olaitant•s right to apply rw lfa to present a late Clain wv wiled to Claimant. DATED: ,UN 19DATO ELOR s Mak d PdtpUty Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF 'q J Government Code, Section 910, et sea.( -1gJ L re: Wichner v. Contra Costa County RECEIVED TO: Contra Costa County iAY d 5' 1980 Clerk of the Board I Soo P.M PHIL 9ATCHR0.2 651 Pine Street LERKa P.)or 51 Room 106 cc + r.cosr•. -. Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1 . The name and post office address of the claimant is: Shelby L. Wichner, a minor By and Through a Guardian Ad Litem 1010 Barbara Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1010 Barbara lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE K. SHIV14AN Attorney for Claimant 3020-D CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant 's family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt f. CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Shelby L. Wichner, a minor By and Through a Guardian Ad Litum 1010 Barbara Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is Jeanette K. Shipman MAY I� 1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIL BATt; E R 280 Utah Street LERKB RD OF ERVISORS San Francisco CA 94103 TRA CO A 3. The circumstances which give rise to this claim occurrecO on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 J N TE K. SHIPMAN A orney for Claimant 3020-D: CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should- have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3020-D (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Wichner v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt / ,�2 ,A�'IETDED JUN 12 1986 . tT.ADK BOARD OF SUPERVISORS OP' OMM M13TA CMM, cma7 .CM BOARD ACTION Claim Against the County, or District ) Imcz io cLA KANT June 17 , 1986 governed by the Board of Supervisors, ) The oop9 of Vffq—&FFw—wt- mailed to you Is your Routing Endorsements, and Board ) notice of the action talo on your claim by the Action. All Section references are ) Hoard of Supervisors (Paragaph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all Warnings". Claimant: Minnie Moore Guardian ad litem for Shomaire Baye'Johnson Attorney: Address: 5225..McBryde #5 - Richmond, CA 94805 transmittal Amount: $250,000,00 By delivery to clerk on June 11 , 1986 Date Received: June 11 , 1986 By mail, .postmarked on June 9, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: June 12 , 1986 PHIL BATCHELOR, Clerk, By Deputy -Tith K44wles II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( 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. Clerk should return claim on ground that it was filed late and send Warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: i Dated: ,�,�- z" By: putt' County Counsel III. OM: Clerk of the Board TO: (1) Co ty Counsel, (2) County`Administrator ( ) Claim Was returned as untimely With notice to claimant (Section 911.3). IV. BOARD ORDER unanimous vote of Supervisors present aa. C>0 This claimkis rejected in full. ( ) Other: I certify that this is a true and correct copy the Board's Order entered in its minutes for this date. Dated: JUN 11286 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to oertain exceptions, you Have only six (6) months from the date of this notice was personally served or deposited in the mail to file a oouart action on this claim. See Goverramt Code Section 945.6. You may seek the advice of an attorney of your choice in cormection .with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardfs action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance With Section 29703• ( ) A Warning of claimant's right to apply for leav o preaent a late claim Was mailed to claimant. DATED: JUN 191986 PHIL BATCHELOR, Clerk, By OJAJ , Deputy Clerk ce: County Administrator (2) County Counsel (1) .CLAIM TO: BOARD OF SUPERVISORS OF CONTRA "_rr Mpp1irationto: s " Instructions to ClaimantVerk of the Board Sl M rtinez,California 94553 �. Clams relating to causes of action for death or for injury to 'Person or to 'personal property or growing crops must be presented not later than the 100th day after the accrunl '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. (Sec. 911.2, Govt. Code) 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, California 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 fr&udulent claims, Penal Code Sec. 72 at end of—this form. RE: Claim by )Reserved for Clerk's f ing stamps Minnie Moore Guardian at Litem RECEIVED for Shomaire Baye' Johnson, (a min r) 5225 McBryde #5 Richmond, Ca. 948 1 MAY Against the COUNTY OF CONTRA COSTA) 3 .4 ^ PWIL pKTA (jh� gpgS ONTRA or Social Service Depart. DISTRICT) e Fi in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 250. 000. 00 and in support of this claim represents as follows: I. ` When did the damage. or injury occur? Give exact date ani houij April 18, 1986 ee-- �. W�iere did tie damage or injury occur? (Include city and county Contra Costa County Social Service Department, 1305, MacDonald Avenue, Richmond, California 94801 eT eeee e e e ee e e e e e e e e eeee-eeee ee e e e e ee eeee e e eee e e eee eeee----- 3. How did the damage or injury occur? (Give �u�S details, use extra . sheets if required) Eligibilty Worker, Elizabeth Oish, and Velma Sharrock are game- playing with with Shomaire Baye' Johnson' s Medi-Cal Card, and his cash grant, causing it to be detrimental to his health. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Elizabeth Oishi refuse to accept Social Security Card and Birth Certificate from his Alameda County File, when Alameda County is most happy to forward said documents. Ms. Velma Sharrock, supervisor of Ms. Oishi, condones such actions. Robert K. ;rAeY /`N Director of Contra Costa County Social Service Department, refuse to talk (over) to me, or correct said matter. y •AuoTa; g ;o A4TTnb BT '6uT4Tzr► so 'sagonon 'qun000e 'TTTq 'mTeTo luajnpnez; zo asTe; dug 'euznuab ;T aures agl Aed zo MoTlu o4 paztzog4ng 'zaoT;;o so pzeoq 069TTTA zo pzga► '4oTz4stp X4To 'uM04 'd4unoo A" o-4 zo 'iaoT;;o zo pzeoq 94e4s Aug o4 juamA;d zo; zo aausrsaTTv zo; s4uasazd 'pnei;ap o-V -4u8-4uT glTA 'oq.w uoszad Azae3, :sapTeozd,,aPoO Teu,ad-.ag3 ;a U uOT'4099 MIXON •oN auogdaTay -ON auogdaTay 50.86 . sselppy •e:) 'puouigozui ' 9# aP agoN S Z Z S ain-4eubig s 4ueurrvT Aau1044Y ;o sseappy Pug amgN u •;Tegaq sTq UO uOsJad amos Aq zo ( auzo44v) :01 S33I,LON aN39 4uemTeTo 8" dq PaubTs mTejo aq.L, :saptnozd Z•oT6 •oag apo, •4noS �sss���+rassss��r�r�a►��rs��s�ss�rar���s���►�r����a�r�►s�rs��c�►.f.+���a�►}.+►+��.s.��.ass.��}ass��r buT'eaq -.e aonpoad.. TTTti 11 S S.Nf1Owv: HUI 1 -r-- . -- ----rr-------- ------rr 3,Lva � xe ;4q4:AznLui zo 4uaptoog-sTql ;o 4n000g uo 9p2ot noA Past -1-u-01.�-rr--�-3i _8 - - -- i 1 5uzaeaq qe aotipoad TTTM _sT94Tdsog pug sio-400p 's8ss3u'4TM ;o sassazppg pug sameN __8 ---------- ------------------------------------------------------ buTaeaq qv aonpoad TTTM ( -abvmep so Aa4ut anT439dsozd Aug. ;o 4unoum L- Lp P94Qu'T4s8 aq4 9pnT0ul222duio3 aeoge pamTvTo 4unomv aq4 ser: MOB •L buTaeag qe aonpoad TTTM (abeump 04nu zo; S0lvMT4s8 oM4 goe44Y •PGMTeTo sabeump zo ssT.xnPT ;o 4u84xa TTn; anTO alnsaz TlvTa nod op satznCut zo abemep legM '9 IV I gaagou pue 'xoo.x.zegs VUITan 'TgSTO ugage2TT3 ZAmCuT zo ebv=p agp buisneo saaAoTdma ,zo s'4ugezag 'szaoT;;o :;oFz*48Tp 20 A'4unoa ;o sauigu ag3 szu '4egjy •S . AMENDED CLA3Q Q CERA CWTI 0=77- AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY _ FLpOD CON ROL W E CONSERVATI June 17 , 1986 mai. Asinst tee County, arweA aauz��a�nRr b to is soar daveraed by the Board of Supervisor, �• w" Routing and Board wtios of the aotim takenm b aw Actico. All section svfar�enoas ars Doird �'tiaoc's tp � r� ��)� to California Cow mens Codes 61ven ptrsuant to lioverrnmant Coes Scotian !l3 John M. Ingram am0 �s'�' Plam ads 431 Claimants •• Attcemrys Jeanette K. Shipman . Stern, Smith, Walker & GrellN Addrsess 280 Utah Street 1gA6 San Francisco, CA 94103 Hand delivered I CA its $1,000 ,000. 00+ ly delivery to clerk an May 28 , 1986 ' nate Seoei Ads May 28 , 1936 By mil• Pew on erk o pe son : y Attached is a copy of the above-noted close. Dated: June 2, 1986 PM BATOELDR, ClOrk, By = comty Caunsel TDs MerkW (Check only one) t�1Ibis olaim oomplieo substantially with Sections 110 and 110.2. t Phis claim TAn.S to omply substantially with sections 910 WA 940.29 and re aye so notifying claimant. The Board oannot act for 15 days (Section 110.0. t Claim is not timely filed. clerk ehovld return elats m V%O" that it has filed late and send KaMd of claimant's richt to apply far leave to present a late elms (Section 411.3). t � Others Lateds 2.. "tr �Y= � p�Y ty III. PY&& Clerk of the Board 70: 0) ty ectr el, (2) County Administrator r ( ) Main ww returned as sntimly with notioe to claimant ($eQtion X1.3). IT. so= By unnIsous vote of Supervisors p�aseat Q� !Psis cTaistiis refected in full. t I Other newts y that Ms Is a true correct Dopy the Board'�ry en is abbot 0 for this date. hated t PHIL BATCRLW 9 Qerk 9 By • tltAuRy Qerk VAhrrM (Oov. Cods section 313) Sub3eot to Ow thin esoeptions s lou have only sit (6) wnths frm the !late of this aatioe w p owlally sar►ed or deposited in tee sail to file a oou t Wtion an this alma. see Government Code Ssotion 915.6. sou Sy seek the &Mae of an attor W of I r aholos in 0"Swe ion with this .atter. It 7w rant to ocnsult an attosveys 7vu seotdd do so lnw&ately. T. Vs: Mark of the Board IDS a) Cotnty oo�sal• (2) county Administrator Attached are 0100e9 of the Mare aloins. We tiotified the olaluent of the star-d's action on this claim by nailing a oepy of this t=Vts and a 111w thereof h13 bNM tiledand edosed an the Board's oopy of Ibis Maim arsos with 98etim 29TO3- A w��of alaiaant's right to gPay far lea to t a late class tau wiled DATIDs JUN 1919$6 PM WMEL08s Cterk, ft Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Ingram v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: John M. Ingram 910 Randy Lane u San Pablo, CA 94608 RECEIVED 2. The address to which notices are to be sent is: RECE1VED Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL lER HARD CHECOR 280 Utah Street 'TRA TAERVI San Francisco, CA 94103 sy : 3. The circumstances which give rise to this claim occurred on or about February 17; 1986 at 910 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE . SHIPMAN Attorney for Claimant 3010-A CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seg. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive , as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; (f ) Emotional distress and other personal injuries sustained whild escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 6, A re: Ingram v. Contra Costa County Flood Control Disl` i �ETVED TO: Contra Costa Count Floo3 -Corrtrol. District , b 1986 Contra Costa County Amo 651 Pine Street ��lO P•M' PHIL BATCHELOR Room 106 aacc RD OF SUP SOBS A COSTA Martinez, CA 94553 B ° Dc . Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: John M. Ingram 910 Randy Lane San Pablo, CA 94608 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 J N TTE K. SHIPMA A rney for Clai a t 3010-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Ingram v. Contra Costa County Flood Control District SHE BASIS OF"THE XLAIN Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; (c) Expense of preventing further damage from future flooding; r . 4 i ♦ � CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Ingram v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm..rpt _ . •__.. . • MENDED - r --. j• A. e� a vi�ts W tow Mn Gown, Mais Apinst the Owmty, or bistriet MC,E 20 Q AMM June 17 , 1986 �ommed by the Board of duperris"t the ooP7 0� tai• ed to is PW 1toutirS worsements, and Board ootids of the dation taken o0 3aw � "10•ct1w. All Bsctioa ref"noai are Board of &vw dw s chr'asrao Two baby), to ealifwnla Qovwmwnt Codes giwo p"umt to Goverumeat Code seotiao 313 so d 915.1. rim" note all . c ounw Maiatantt John M. Ingram cw* •tteieMt Jeanette K. Shipman SUN 031986 Sterns , Smith, Walker & Grell alum CA 9656 Addreest 280 Utah Street San Francisco, CA 94103 Hand delivered p ! - �tt $1, 000, 000. 00+ By delivery to clerk an May 28 19 8 6 Batc jwdvad: May 28 , 1986 By =119 postmarked aD -PW: Merk"R the board o pe sods 708 y ♦ttaehed is a oopy of the aDovs-noted plata. tiatedi June 2—19 8 6 !'M BAIT ELDR. Clerk. NY ��tL -C-athy K tyles : y coxisel TDs G1erkbruiemiRcelvernmV (Check WAY ant) ( !leis olsim o®plies substantially rith 3ections 910 and 910.2. ( rals Cato TAILS to o®ply substantially with Sections 910 WO 910.29 WA re SM so notifying claimant. The Hoard oannot act for 15 days (Seatian 910.8). ( ) Maim is not timely filed. Clerk shoaid return claim an VVund that It w MOd late and send wwming of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others aatedt , C,. _ By poly ty EU. IM: Clerk of the Board 70: (1) WwWy Omwel, (2) CovntT tdministMtor • ( Maim wu returned as mtiaely with notioe to claimant (3eetion W.3). I9. BDARD �l0t By unanimous vote of 9uparyisors pyeez`. bd This aS" rs� !till. ( ) Othara ourti y that this Is a true correctdopy the is is smites tar t2ts date. - patedt UN 1-7-198-T PM UTCELM, Mark. By � . Deputy Clerk ilAalam (00y. Coda Ssation 913) *object to certain esoeptiaos. lou have only Bis (6) gmths Dram the date at Mita rotioe w personally served or depasited in the nail to rite a ooft aotian m this alma. a" Govt Cods section 915.6. ?ou day seek the advios of an attornry of Par ahoios In 0mrswtion altb this utter. If fou rant to consult attorney. !vu sftould do so lowdiatoly. T. BlIC?i: Clerk of the Board Zp: (1) 0psty Oounsel� (2) Comity jdministratotr Attached are oopiee of the abaft olaim. We notified the oWNWIt of the Boardts action on this claim by mailing a OOPY of this doaumeats and a s 0 thereof has been filed and eodarsed m tee 90ard's dopy of this Claim in &DOCrIjanoe with Bsetion 29703. ( • raraing of olalsont•s r107t to apply rw to t a late Claim w nailed to Claimant. DITID: 111N 1 9 1gRf PM PITO MDR� Marne Vy 0 UIPAy Qa,k CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et CILJ 14 Oi'A�IL re: Ingram v. Contra Costa County RECEIVED TO: Contra Costa County �����a� 1986 Clerk of the Board Pp1, 651 Pine Street PHIL BATCHELOR Room 10 6 ER Ce RA OOST P( IsoRs Martinez, CA 94553 By(T2-1111 � " ' "' Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: John M. Ingram 910 Randy Lane San Pablo, CA 94608 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 910 Randy Lane, San Pablo,, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages':" which is attached hereto. May 27, 1986 JEANETT . SHIPMA Attorney for Claimant a 3010-A CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF' Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive , as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop , design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due . to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; i. (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained wh'ile'' escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Ingram v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine .Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: John M. Ingram 910 Randy Lane San Pablo, CA 94608 R F 2. The address to which notices are to be sent i i-""CEIVED Jeanette K. Shipman MO1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHiL BALOR 280 Utah Street LERK TR O gUPPEAVI S San Francisco, CA 94103 TA M . . . 3. The circumstances which give rise to this claim occur on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of .Damages" .which -is attached hereto. May 13, 1986 JEOo TE K. SHIP N Atey for Claimant 3010-A I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Ingram v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to -maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; i I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Ingram v. Contra. Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the- creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt AME N D E D Or �uyIMIC t.S R SW ooarl , AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY mainFLJgD CON Count�OLL Wj �E CONSERVATI June 17 , 1986 lovern�ed bi Uw Board of Supervisors,or NuM �a ams '—iia ed to Is 200" Routing D,dorseements, and Board wtice of the actino Nakao an lour bl t�M Actium. 211 Section refarenoes ars Baard of S�aperdsors Two baler), to California GovernW-nt Codas given prsuant to Gorerrssasst Cods Seotice IL3 tad 915.1• !lease note all wiw%IX q Clai�ts Sally Dunn 8 Attarsssy: Jeanette K. Shipman •1j/N Stern, Smith, Walker & Grell 3 Address: ' 280 Utah Street "At -- 1$86 San Francisco , CA 94103 Hand delivered Ifrf • ` " Amounts $1 , 000 , 000. 00+ ft delivery to alerk ae May 28 _ 1986 S� Bate Beosdveds May 28 , 1986 D9 ma i$ postaarkad an Clark R the of NWRTTSOM 16S y MrUM Att&cbmd is a copy of the above-Dotedossim- Lads June 2 1986 }HIL MTOMAR, Clerk, BY � ) w : county s ark (Check only one) (xj Zbds claim complies substantially with Seetioeas 90 emd IM0.2. t Airs claim ?An s to ocmply substantially with Sections 1110 Ond 910.21p and eve ser so notifying claimant. The Hoard owmt act for 15 days GSeotioe IAD-B)- Claim is not timely riled. clerk should return claim on vaend-that It w food late and send warning of claimant's right to apply for leave to pwaaet a lata elaim (Section 911.3)- 1 ) Otbert hated: _. Bye r��..-C putt tY IIB. *l Mi Clerk of the Board 70t (1) ty Colunsel, (2) County Administrator ( ) Main was returned as untimely with notice to Claimant (,section M113). V. Mw an= By unanlwous Ate of Supervisors p4m nt t?d !tris ola w%^ rejected in full. t ) Otbers certify that this Is a leve iR oorrect copy, Its minutesPF199 tJds date. tateds JUN rum, BATQISAR, Clark, 9y Tlftm7lu 1, . *R*y me* vMM (GOT. Code section 113) Bubject to owUln ssoeptioos, !ou have only six (6) sonths !from tto data d this uati oe was personally served or deposited in the mail to rile a awrt action cc this alarm. ON 00TOr aDt Code SeOtiao 915.6, Iou MY seek the &Moe Cf an attorDey of lour atnioe in =goo IM with tors Dalley. If !ou rant to oonault an attorney, Tau Whoozd do so immediately. T. IM= Clark or the Board IN a) MulAY Counsel, (2) city Aftinistratar Attaded era capias of the above cUim. Ye notified the Claimant at the Board's action an this claim by mailing a copy of this doauerat, and a Demo thereof ba' bbm tiled Md endorsed m the Board's copy of this Claim in a*oordarae With Section 29703- ( I A earring ct claimant's rigbt to apply rbrto t • Ciera vas sailed to alaimesnt. OITIDe,lUN 19 19A9 }SII. 11►T�AR, Clark, aj► Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Dunn v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claim nt i Sally Dunn lN� ' 2230 Giant Road San Pablo, CA 94806 IRECE 1VEID 2. The address to which notices are to be sent Jeanette K. Shipman MAYA LAW OFFICES OF STERNS, SMITH, WALKER & GRELL , " L� 280 Utah Street �CLEARITAIRC)oERVISORA C TA San Francisco, CA 94103 �/\/� 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 2230 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. 1 May 27, 1986 JEAN E K. S—HIASAN Attorney for Claimant 3003-B i i i I s CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive , as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES : (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from Zuture flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; (f ) Emotional distress and other personal injuries sustained while . escaping from the floodwaters , mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt ' . ' ^ . CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. ". re: Dunn v. Contra Costa County Flood Control Distr ' + TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Streetpgtt BATCHELOR Room 106 C RA COST De Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Sally Dunn 2130 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman ' LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 18, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. -The description of the claimant 's damages is in the " Itemization of Damages" which is attached hereto. May 13, 1986 #TE K. SH trey for Cla��ant 3003-B CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Dunn v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3003-B (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Dunn v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. _ . - •--.. . . AMENDED - - - - D CUIN mu MUM" OF SUPPY Ctais W� the �tYe W biste�� 20 Q. R June 17 , 1986 Rove: by the Board of 9upervisart, 2te GCOp7 • ed toto "we Routing Bndorsements, and Board wtios of the Ian taken Cn Imr � b2 the Actiae. ul Section refw%ences ars Board of ftervisan VwB 10 re baler), to Califamia povernment Codes given PzVuant to Goverment Code mecum IL3 and 115.4• Haase nota all yvarniawo Clailont: Sally Dunn Attar ", Jeanette K. Shipman Sterns , Smith, Walker & Grell / Addrssst 280 Utah Street q► San Francisco , CA 94103 Hand delivered p't?i jo 119, Amounts $1 , 600, 000. 00+ Djr delivery to Clark fate BtoaSsad: May 28 , 1986 By Mile oostaafted on ark if the Of pe tan 108 County airuz Attadbed is a copy of Uw above-Doted Chiu. patedt __June 2 . 19 8 6 FM Rem"I clerk, By ath K wles : aynTy : Clerk4w Ube DOM of lQueffa0e'a (Cheek only ane) ! ibis claim 0amplies subetantially with stotiew 910 snd %0.2- ( ) ibis Claim FAILS to oamply substantially with sections 910 and 910.29 and we an so notifying claimant. =be Hoard oannot act for 15 days (SeCtioo 910-0- Claim is not timely tiled. Clerk should retum Claim on Vvund that it was lilad late and send warns of claimant's riot to apply for leave to prw ant a lata Claim (Section 411.3). ( Other: A Gated: BY: � c DAY 0MUnty � III. M6t Clerk of the Board 701 (1) Coynty Counsel, (2) County Administrator r ( dais wad returned as untimely with notioe to Claimant (station 911.3)- 19. MM � avuldmou�s Ate of 9upertrisoes Pmwt 4a. � This Clai4rejected in full. ( ) Other: - Certify tMt Ms In a true oormt ooJ] the 90"Va eo is minutes tar this date. Dated: PM NATOMLOR, Mark. �► o • Ly Clark i1AKW (Oov- Code statim 313) Wbject to oertain esoeptiansI Tau gave only tis (6) months !m the date at WS notice w personally served or deposited in the .ail to rue a 00urt wtioo cc this claque Cee Goverment Code 9eotian "SA, Tau My seek the advice or an attanwy or lour atclas in ocnnection with this utter. It M rant to consult an att"Mey, you tbuld do no lmw&ately. T. naris clerk of the Board m= a) County oo mW a (2) Cmmty Administrator stta&Ad are Copies of the abose claim. Me WtitYed the Claimant or the Board's action on this Claim by tailing a Copy CL this dM meat, Cad a Demo thereof has bow tiled and er�darsed w the Board's copy od this Claim iso with station 29703- ( ) L tarnin6 cc alaivant•s right to apply rw lea to t a claim was mailed AC' claimant. DATED: JUN 1 9 19Rf 701 NiT=M a Clark, V a 08PAY Clerk I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 14 ' re: Dunn v. Contra Costa County RECEIVED TO: Contra Costa County MAY.M 1986 Clerk of the Board 1.O0 FM, P L BATCHELOR 651 Pine Street JERK B RD OF isoRs Room 106 a cosT . De ut Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Sally Dunn 2230 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 2230 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 lY�e�-rte JEANETTE K. SHIPMAN Attorney for Claimant 3003-B CLAIM• FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive , as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c ) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; ( f ) * Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i F , CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Dunn v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the. Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claiman Sally Dunn 2130 Giant Road RECEIVED San Pablo, CA 94806 2. The address to which notices are to be sent is: MAY 1C01986 Jeanette K. Shipman LAW OFFICES OF �E "ARO F UPeavis STERNS, SMITH, WALKER & GRELL NTRA TA 280 Utah Street e San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,00.0,000, plus an amount, presently unknown, but believed to be several million dollars, for the repairof.: drainage systems.,to;-preuent._future faood ng—,-Ths:.. .. descgt R; May 13, 1985 J AN TTE K. S P t rney for Claimant 3003-B 'CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Dunn v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, . 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. t*[ EK(41 ,y t _. . in value: lis - cyjcct arfc€ rents;=r =rxgerrse additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3003-B (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; r r R CLAIM FOR PERSONAL, INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Goveirnment Code, Section 910, et seq. re: Dunn v. Contra, Costa County (e) Personal injjury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; i (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. t i A M E N D E D ELLIN AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FL22D �CONTROL W E CONSERVATI June 17 , 1986 Claim t�snst tee Qo�s�ty, ar CE nulled dwumt to �. Fur governed by the Board of 3uperviaoe�s, �e � ilouting worsecN ts, and Board I notice of the MUM taken an far rue Action. ul section referanoes are Board of Supervisors (P.rw'� two baler to California Government Codas l gi rec pirsuarit to Qocob seotian IL3 and 6i5A, dens: note all R� Claita�tts Cabbert Dunn .. Stta nMs Jeanette K. Shipman JUN 031,986 Stern, Smith, Walker & Grell *11n` at dddriess 280 Utah Street San Francisco, CA 94103 Hand delivered Amounts $1,000 , 000. 00+$1,000 , 000. 00+ i INY de11vW7 to clerk an May 28 . 1986 nate neoedwds May 28 , 1936 By rile Pstw~ an erk ir the Board of supervisom V63 5==y Maim Attsobed is a copy of the; above—noted Glals. fated: ,June 2, 1986 PIM NATOMLOR, Clarke BY 28147 . : Y : Mark W Un Board or Bupw%wrn (Check only ane) Ibis claim o®plies substantially vitt 3eeticrs 910 :rid 310.2. t Ibis claim TAMS to oompiy substantially with Sections 9lo and 910.29 Mrd re am so notifying claimant. The Board owwt act for 15 days tsectiao 940.8). t Maim is riot timely filed. Clerk should return claim an Pound that it w Mod late and send morning of claimant's right to apply for leave to pressat a late claim (Section 511.3). t ) Otbers fated: � . -- gyroC C Putt County W. nMs Park of the Board IOs Cl) Casty C zml, (2) County 3dminlatmAw r t Maim was returned as untimely with-wotioe to claimant (Section 91.3). IT. VDAIM OW my unanimous Grote of Supervisors present Od Ibis olaiz%3 n in fulle t f Otbers oerti y that s Is a true E0 OC/rrect aopq theSMMIS Ita . 111viflpr�Ws date. toted: lIB�JNN 7-97 PM WT=M, Mark, ByI TA.A- . SlepurtT Rene iU►RrtDIG (Oov. Oode section 943) &b.ect to OwUlri smoeptims, Iou have aaly six (6) Wnths from the date at ltia notice w personally served or deposited to the mail to file a amirt action an tau alma. ON Covel�mwt Code 360tian 945.6. Tou gay seek the advice of an attammy of par ahoios to c ijoetian VIth the elettsr . If ?vu rant to ooneult an attorney, fou should do so ismsdittely. Y. nms Clerk of the Sward ID: t1) Oaantl CWNse1. (2) 00Wt2 SdmirAIAMUr tttaclwd art copies of .the abm claim. We notified the claimant cf the Sotrdits action an this claim by sailing a copy of this doa►amat, had a Mme thereof has bow filed and w3dcsM the Board's aoyy of this Claim in a000rdarae with Section 29703. ( A earning of asaisant•s nigh to qpgy for lea to tclaim w wiled to a8laiannt. OITEDI,11 tN 1 9 1486 MM Rt7%X pR 9 Clark, o OepUt7 Clerk r -CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Dunn v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. i 1. The name and piost office address of the claiman �} Cabbert Dunn ` 2230 Giant Road RECEIUEI� San Pablo, CA 94806 2. The address to which notices are to be sent i MAY a4198S Jeanette K. Shipman LAW OFFICES OF *EILFII'l AT HE CR LER PERV15 STERNS, SMITH, WALKER & GRELL AC TC 280 Utah Street ey San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 2230 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 i JEANETTE K. SHIPMAN Attorney for Claimant i I 3003-A i • r' , CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage , both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : i (a ) Said entity breached its duty to maintain, control, repair and remove debris fromfWildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San ,Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same, should .be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, ;moving and storage expense ; (b) Damage to pers,,onal property , including but not limited to the loss of enjoyment, use and repair expense ; (c ) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; i ( f ) Emotional distress and other personal injuries sustained while , escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant 's physical and emotional injuries ; (j ) Compensation flor loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks, and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i j i i L ` ' . . - ` ' ^ . ^ ' . CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Dunn v. Contra Costa County Flood Control DistricRECEIVED + ' TO: Contra Costaiou-nftv, Flood Control District MAY It 1986 Contra Costa County 651 Pine Street Room 106 | / Martinez, CA 4553 | ! Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. / 1 . The name and lost office address of the claimant is: Cabbert Dun 2130 Giant Road San Pablo, CA !94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 18, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of draipage systems to prevent future fI description of the. claimant 's damages f Damages" which is Attached hereto. / May 13, 1986 | __ ________ ------- ----- EA TE K. SHI � /At�orney for Cl�.mant m- | 3003-A � | • r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Dunn v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both realiand personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa 'County Flood Control District breached its duty to maintain, control,' repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c). Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: ` (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, ;use and repair expense; 3003-A (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Dunn v. Contra Costa County Flood Control District i (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from thefloodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa. County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. i E AME LA D E D _ I or SUPPUM t - Or COM MA 86 osis wrest tee amoty. or b s�st cE !o cola 17X19 . governed by the Board of supsrvi . NWY Routing Vdarmwt, and Boae�e engine of the satsaa cacao ao e.ton ter Actiao. All Ssctiao retw"MOss WO Board of visors owwr h i7o to calitarnis Government Godes given pursuant to Goverament Cods Eeetim IL3 and Its.%. now nou Jou eiiaraia 00 aa12w*1 Cabbert Dunn Qftw Attorneys Jeanette K. Shipman �� e�► Sterns , Smith, Walker & Grell JUN Q-31986 Address: 280 Utah Street San Francisco , 'CA 94103 Hand delivered ' wma. CA 161ft AMMDt: $1, 600, 000. 00+ By delivery to clerk an May 28 , 1986 nate Beoei w0: May 28, 1986 By mile postaarked an . arkBF the Board of Sjpei6TIO�F 161 Y Maigg Attached is a copy of the above-noted Clain. n lktsd: June 2 !'M IRTOELO i. Marks By nth K les : County : erk (C?Mk only one) ibis claim ocmplieo substantially with sections SL0 wA IL0.2. • t ) !lits claim funs to oamply subotantially with sections Sao end 910.29 std we ars so notifying claimant. The Board oannot act for 15 days (Sinden 910.8). ( ) Maim is Dot timely filed. Clerk should return claim an VVWA that it Was fil0d late and send wrarninp of olaimant's right to apply for leave to present a lata *lain (Section 911.3). t ) WWI Oated: Byt"d7 Deputy ty MWa III. nM: Clerk of the Board 20: (1) Casty Cor:ssel g (2) County Administrator t Mein ww returned as mtiaely with notice to claimant (9eatieo sues). Iv. tom aux rsw4sow vote of supervisors present C4 Deis olai ss rejected In full. t Others oats y that this Is a true W oorr.ot Cops► the 's Order oo is bateast111V 1'19 s PM ZVOELa+go mmw—� , dark. By ' . nswtiy Qerk su►srr W (Gov. Cods Scotian 913) aubjeet to oeertain exceptions, tau have only siz (6) months rima the date Cr this bodes w personally served or deposited is the nail to file a court action an this alRSM. ase Commment Code 360tion 915.6. You My seek the advice or an attorney or Torr ahcior in o(xVwC Ion Math this latter. If pall rant to ammat an atto=, you should do so tamsdistely. T. X21 ms Clerk Cy tee Board ID: CL) Cavity Gor=Q.e (2) County Admiaistrator Attached are copies Of the above olais. Ve untitled the oltiatnt at the Board's setion an this claim by =1114 a COPY of this documtg and a wwo then wf W eran filed and endarsed an the Board's aw of this Claim in ft000rdswe Mith Ssctioo '19703- C ) A Naming of elaiwant*s right to apply !br lea to t a late alms Mas tailed to claimant. A1?ID:�I�N 1�t���PM BJTCRM R, Magic, By o OepAy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Dunn v. Contra Costa County RECEIVED TO: Contra Costa County MAYA( 1986 Clerk of the Board I'.00 FM I 651 Pine Street PHIL BATCHEt R ERK B D MS0.7 Room 106 co A Depu�y_I Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Cabbert Dunn 2230 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 2230 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE K. SHIPMAN Attorney for Claimant 3003-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive , as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; i ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt Lr CLAIM. FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Dunn v. Contra, Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Cabbert Dunn 2130 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent i : RECEIVED Jeanette K. Shipman LAW OFFICES OF MAY�� 1986 STERNS, SMITH, ,WALKER & GRELL 280 Utah Street OR San Francisco, CA 94103 �` DOIALR ATCS�pEgV oae ��CL O i OST 0IV 3. The circumstances which give rise to this clai on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The des=k pj: oFz.;of"tb,&-.1wllmaatkl,'� ;damages ,T"C:.:_ii -.that " .tem zatMOM.a - JE E TE K. SHIP A ney for Claimant 3003-A r . t CLAIM! FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Dunn v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: ( a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; -(c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. r R1 n . in value; F c use,'`erry2yve and rents`; 'repai"r expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3003-A (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; 'P Y � y CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Dunn v. Contra Costa County + I (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; j (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. I AMENDED Q !DP"�tP1.Y7RS Q d�l� Q1SPl �ITi AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY _ Gals Q L D CONY or 4W JE CONSERVATI June 17 , 1986 governed by the Board of Supsrviaa�s, no ow • ad teaIs Par !!outing &d0rse:mernta 1 sad Dows'd MUM of the action taken an In12 ttss lctivo. t11 Section refw4naas are Board at AQWvisars owiffsp M b dm)t to California Government Codes . given p vm* to Governiamt Cove D•Qtica 93 and 315A. Flew ante all eKaratwe Clal= tt Harold A. Duchene Attaelrys Jeanette K. Shipman ION 0131986 Stern, Smith, Walker & Grell Addresas 280 Utah Street ' San Francisco , CA 94103 Hand delivered ieotnts $1 , 000 , 000 . 00+ By deli VW7 to Clerk an May 28 , 1986 •- nate Baosi nds May 28 , 1986 By wdl t post'~ an opo• Clerk y Mao ittaebed is a oopY of the above-noted again• Dated: June 2, 1986 !lilt iATCMAR 9 Mwkg ByPepty - - : Comfy c4imal TDs Mer1r0f (Check only one) (\11 1lsi9 claim complies svbetantially with 3eetians 410 and 410.2. !gals Claim FAILS to damply substantially with Sections 410 and 410.2, end We are so notifying claimant. The Board owmt act far 15 days (Sectiao 410.6). t ) Male is not timely tiled. Clerk should return claim an Sm rnd that it rias tiled late and send wArning of claimant's richt to apply for leave to present a late claim (.Section 811.3). OLbars 477DePAY ty 3n. nCH: Clerk cd the Hoard 20s (1) County Counsel t (2) County Administrator ( Main vas returned as wntinely with notioe to Claimant (Section 411.3). I9. SDA2DvlalR %rania� Ate of 3upertrism"" present !lsia colaimZis re in 11dl. t ) Others i y ttAt Ws In a true oorreot Copy the to 5qW en to Idmites for pla elate. tatedLTU11 7 1986 PHIL HA70MLM 9 Qerk9 By . Deputy Clerk 01 IIJ►RIt M (Oov. Onda section 413) subject to Certain esoep+tiaos I Fou have Only six (6) aonttr !race ew elate or dela notice w pea-&Ox y &W-TW or dep=lted in the axil to file a Court actino 0o tMa elate. an Government Code 3ocuon 415.6, You My seek the advice 1 of on attawy eef par d1oios in oocunsetian with this rtUr. It You rant to oonsult an attam"I !ou should do so i®edistely. 7. I"& Mork of the Board 3D= (1) OPuYty OwimI. (2) Cautnty Administrator •ttaQW are copies Of the above clogs. We notified the Claimant of the Soardwa action on this claim by •ailing a Copy of this doeumesnto send a 1=0 thereof Ass bean filed and endweed on the Board's Copy ext this Claim in a000rdarnoe with lection 29T030 ( 3 eearning of 0121sarntwe right to apply Itr leat a late adorn M9 wiled to olaiaaat. �Tm:__11IN 1 9 1986 !ffiL SiT'QO3,OR QCT, By — z Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Duchene v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 i Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimarRE( ` Harold A. Duchene 901 Randy Lane San Pablo, CA 94806 EIVED 2. The address to which notices are to be sent isJeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL HIL EAT HELOR 280 Utah Street TRRAC s }C►+soRs . .. . ey San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 901 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANEVE K. SHIP N Attorney for Clalfnant 3018-A I i i J r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage , both real And personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as f6llows : (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo , and failed to warn of impending flooding ; ( c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks - and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, .moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; ( f') Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustainedfas a result of witnessing injury to claimant ' s family; j ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. IL re: Duchene v. Contra Costa County Flood Control Di # - D ..70: "Contra Costa 'County 71-obd'TCorit tdl'"D:Lstr3r-t _ "`Contra Costa- 651 651 Pine Street Room 106 I PHIL aCOBAiCHEL R Martinez, CA 94553 LERKBBO ACOOST VISORS B De utv Pursuant to the provisions of Section 910, et seq. of the Government Code of ' the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Harold A. Duchene 901 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 rAETTE K. SH*mant Ay for C 3018-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Duchene v. Contra Costa County Flood Control District THE.:SB.SSS.r;DF :TIDE .'SIM Claimant sustained physical and emotitma-i"Inj-dries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; (c) Expense of preventing further damage from future flooding; i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Duchene v. Contra Costa County Flood Control District (d� FXV�Q..dor: fleb�r3s r va3_ naLudi . r$ onable com satlon .for (e) Personal injury caused by the floodwaters, mud, debris and 11 subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt I I AMEND E D Q CWS= TA CSD n-0, . loam W". claim W net the qty, Cr bi stri t tE !0 CiA�A*! June 17 , 1986 gcvernsd by the Board of Supertisors, !!Ie W" a — twied to is 1W Routing w rwents, and Board 0otice of the motion (akar ars lour by WIS Actioo. All Section rsfaranoes are Board of SupardWM Vartfrs* to California Government Codes given gur'surnt to Government Code aeotiao !i3 and 935.0. P20ane note all Claimants Harold A. Duchene rncnty Attunes Jeanette K. Shipman JUIN 0 Sterns , Smith, ,Walker & Grell ' ,�8� Address 280 Utah Street CA San Francisco , CA 94103 Hand delivered Amounts $1, 600, 000. 00+ By deli very to clerk m May 2 R . i A 8 6 Date BeoeiAds May 28 , 1986 By sail, poats0,riad an • . erk Ef the ITaFd o pe sora T61 y Attached is a copy of the above-noted claim. Rte. MTOMLOR� Clarke 3�atads June 2_ 198 • By ai�� C-athy KnoWles., s yTDs Mark iff the Board Ofson (Check ally one) (X) This claim o®plies substantially with Sections 910 acrd IM0.20 bile claim FAILS to *=ply substantially with Sections 9M0 and %0.2, aced vs, ass so notifying claimant. The Board oannot act for 15 days (Sectiao 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was 61014 late and send warning of claimant's, right to apply for leave to present a We Claim (Section 911.3). ( I Others Dated: ft—:-T DePAY NCrify 557rNi, in. M& gerk of the Board TO: (1) Cotmty Counsel, (2) County Administrator r -( I Claim vas returned as untimely with notice to claimant (Seatioo 911.3). IV. WMptD�EaaR��,-� umnimous vote of Supervisors present This claim% rejected in !till. ( I Others oerti yolttsa this s a true ocrrvct 00 Board's Order en is batear3 j T 19 s ", SATOMLOR 9 Mark, �r 6 . Deputy Clark VAWM (Gov. Code section 913) "Ject to certain esoeptioos, Im gave only six (6) months fram the date of (bis tioti oe acs personally served or deposited in the mail to file a court- motion 0o tons claim. ase Governoeot Code S.otioo 945.6. You may seek the mdrioe jof am attaOay of YOW choice in oorrneetion tritb lois matter. If you rant to consult an attorney, ?ou should do so,immediately. T. nM: Mark of tba Board 42Ds CO County CWWel, (2) County Administrator Attacdred w Copies of the abase Claim. We notified the Gj&t ant of the board's action an this claim by mailing a COPY of this dooment, and a memo thersof has bean filed and endorsed an the Board's cM of this Claim in aamtarwe with 3eetioo 29703. ( I A warning of elatmant'a'right to apply tor 1010, to t a late Alain was mailed �►�:lJU 9196 tit. Urate, Clerk, By Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQ ITABLE RELIEF Government Code, Section 910, et re: Duchene v. Contra Costa County �Ugy v We;I?' 1986 TO: Contra Costa County Clerk of the Board lEBK 8 HIL C of EE , C 651 Pine Street C. c ?.TPI) � '" Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Harold A. Duchene 901 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 901 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JE TTE ,K. S I MAN At orney for aaimant 3018-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM i I Claimant sustained� physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, ; inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; k (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including. acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustainedas a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt CLUX BOARD OF SOPERVISORS OF CUffff COSTA OaON'PY, CALIIMIA BOARD ACTION June 17 , 1986 Claim Against the County, or bistriet ) 11MCE TO CLUMANT governed by the Board of Supervisors, ) The copy of s t mailed to you ie your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarnings". Claimant: HAROLD A DUCHENE col ntV Counsel Attorney: JEANETTE K. SHI�PMAN -MAY LAW OFFICES .OF ;STERNS , SMITH, WALKER & GRELL 2 1 1886 Address: 280 Utah Street1� ' Z;, 'Ve�d San Francisco, ;CA 94803 Hand delivered Amount: $110 0 0 ,0 0 0 . 0 0+ �, By delivery to clerk on r,a v 16 - 1 9 S F Date Received: May 16 , 19186 By mail, postmarked on no a nve] one I. FROM: Clerk of the Hoard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: May 20 , 1986 PHIL BATaMDR, Clerk, By Deputy __r-a-tYy Kno es II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. (X) This claim FAILS to comply substantially with Sections 910 and 910.2, and Fre are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed u late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 1AA4 M6 By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) gunty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of 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 WAMM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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 oonnection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this -document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: PHIL BATCMDR, Clerk, By , Deputy Clerk oc: County Administrator (2) - County Counsel (1) NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Jeanet K. Shipman Law Off i es of Sterns, Smith, Walker & Grell 280 Utah t. San Franc co CA. 94803 Re : Claim of HAROLD A. DUCHENE Please Take Notice as follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2 , or is otherwise insufficent for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimaint. 2 . The claim fails to state the post office address to,.•!which the person presenting the claim desires notices to be sent. x 3 . The claim fails to state the doftza, place axxmr w=xa -x of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. 5. The claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 6 . The claim is not signed by the claimant or by some person - on his behalf. 7 . Other: VICTOR J. WESTMAN, County Counsel By: r Deputy ounty Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. 5§1012 , 1013a, 2015. 5; Evid.C. §§641 , 664) My business address is the County Counsel ' s Office of Contra Costa County, Co.Admin.Bldg. , P.O. Box 69, Martinez, California 94553 , and I am a citizen of the United S::ates, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true cony of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it in an envelope (s) addressed as shown above (which is/are place (s) having delivery service by U.S. ^�ia-._1) , which envelope (s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra .Ccsta County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: slay' 22., 1986 at Martinez, California. cc : Clerk of the Board of Supervis s (original) Administrator (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. C. §§910 , 910 . 2 , 910. 4 , 910 . 8) CLAIM FOR PERSONALIINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Duchene v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the clai nt Harold A. Duchene 901 Randy Lane San Pablo, CA 94806 T E 2. The address to which notices are to be sent i 1 Jeanette K. Shipman MAY Va 1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHlls.1 TCHeLoa 280 Utah Street NTRA STPCO' 3 Y San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 I Jgorney E K. SHI N At for Claimant i 3018-A i I t CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Duchene v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; a ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; ( i) . Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt 1 • A M E N D E D • CLOW exLy—Own Claim WnWt the Oooty, or bistriat CE !0 Quell l' June 17 , 1986 , ��� to is � `over od by the Board of 30w visces, 1tr ft"pouting Dow -MOnta s and Board wtice of the action taken an jour b! Action. All Section r*faranoes!are Board of a"niecre (tLmw%* r, ecly e to Cal i tcmia government Godes ��S.,p�+'!Mnote ����sect°° 03 Claimants Harold A. Duchene r� cftw Attorl"I Jeanette K. Shipman JUN 031986 Sterns , Smith, Walker & Grell Addriss 280 Utah Street rA San Francisco-, CA 94103 Hand delivered Amamt s $11000, 000.'00+ Dy deli vert to clerk an _May 28 , 19S6 Date woWnds May 28 , 1986 11Y mail, potaw*w an vk R the Board of 9jpeF9wM lot y Maio Attached is a copy of the above-noted claim. s mttad: June 2 . NM NkT=M, Clark, By _ 19 8 6 C-athy Kn&wles . : Comty commal TDi Clark W UN BOWV or BWFRO"� (Cheek way one) (X ) This claim oomplieo subatantia111 with Sections 910 Wd 910.2. ( ) vis claim TAIIS to comply substantially with Sections 910 and 110.29 and NO an so notifying claimant. The Board owmt act for 15 days GSeetion IM0.8). ( ) Claim is not timely filed. Clark should return claim m Vaasd that it was tiled late and send warninng$ of claimant's, right to apply far leave to present a late claim (,Section 9111.3). mated$ BY: Wty tY III. P6s Clark of the ward 70s (1) Casty Counsel, (2) County Administ mktor ( ) Main was returned as untimely with notice to claimant (Section 911.3). IT. MAi!'DpliSccdt � u<�ardamn Ate of Supervisors praseat O4 79do olaim^Srejected in fill. ( ) Others efts i that this s a tKn-- correct eo Board'• en y Dated��UlV 1 f t9�b s } . SJITCFMM 9 Clarks By ° . DOpuC2 Clerk 1tAwm (OOT. code Bectian 913) &Aject to oartain asoep+tioos, jou have wly Bis (6) omths hm the date at this MOUM w personally served or deposited in the mail to file a court notion Cc this alma. ase CovwMwt Code Saatioo 945.6. Tou mal seek the advice of on atto mem of jour atoioe in cag*etion tdth this rttar. If jou rant to consult ars attonmeYo Tau should do so immediately. T. VM: Clark of the Dowd 4JDs (1) oousty Ooumel, (2) county Administrator Attacbsed are copies of the above claim. Ye notsfied ttse alainent of the Doard•s action on this Claim by mailing a copy of this documt, and a Demo thereof tsar been filed and a dareed m the toard•s ooyy of this Claim in garm with Deetion 29703• ( ) A raining of _l a_i_S^t•s right to hP y rwIDOPAY to t a Late alais ms mailed ��to =9 6 tan, RtMELOiR, Clerk, mj Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQ ITABLE RELIEF Government Code, Section 910, et , T re: Duchene v. Contra Costa County RECE1TV ED MAY or 1986 TO: Contra Costa County Clerk of the Board PHIL MTCHcic2 Lt:K B D(? 651 Pine Street a '1i:n CVG j, Room 106 Martinez, CA 914553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Harold A. Duchene 901 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 901 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities .are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEAWTTE K. S I MAN At orney for naimant 3018-A i I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF- Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, ` inclusive, as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from' Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual andiconstructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; k (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including- acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; I ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt i i a t r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Duchene v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1.. The name and post office address of the clai nt i Harold A. Duchene 901 Randy Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent i Jeanette K. Shipman MAY 61985 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIL61 AF I s 280 Utah Street CHER NTM ST CO. San Francisco, CA 94103 v y 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 J N TE K. SHI N At orney for Claimant 3018-A i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Duchene v. Contra Costa County I THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986,; inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in' the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Duchene v. Contra Costa County + (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (i ) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ( 1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt AME N D E D Kry 9LMirn er cr C�TiA COTA QMfZ'i, Cie MU AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY MR AM �� FLAs OD CON ;OLL W E CONSERVATI E-10 ! a 17 , 1986 or Boveroed by the board of 3upsr*iacA• !!se Dopy s >�' ob flouting �6ocs�te, artd hoard notice 0f the action taken cn jots" 1rt !bs Action. All Section retarenoer Icer Dmrd 0f &'vim r• �&r�• to California oovernment Codas given n5. too Com a te"•a �3 Qaissants Tom ColatrellaCc j .. tttonlssy: Jeanette K. ShipmanIh► Stern, Smith, Walker & Grell Address: 280 Utah Street JUN p San Francisco, CA 94103 Hand delivered Amounts $1, 000 ,000- 00+ By delivery to Olerk m _May 2 Date Seosiwd: May 28 , 1986 sy =11post w*w an • -Mork Bf tM Board Of pe Sore 16, county Mao lttachsd is a copy of the above DOW 01412. nateds _June 2 , 1986 !'HIL 2ATCHELC R, Merki n9 NL--�" .PoPJL7 : y : Gler (Check only one) (/Q This claim complies substantially with Sections 910 mrd 110.2. Ws claim ?AII.S to o®ply substantially with Sections 910 and 910.29 and w are so notifying claimant. The Board owmt act for 15 days (Section 910.8). ( ) Claim isnot timely filed. Clerk should return claim on V%vxd that it teas lilad late and sena warniof claimant's right to apply tar leave to p%esent a lata OWN (Section 911.3). t Others Oeted: Sys pY t7 III. nMt Qerk of the Board 70: Cl) County Casssel, (2) County ldministmtor • ( Maim wad returned as untimely vith notice to 6241mant (Section 911.9). IT. IDAIM uunisw vote of Supervisors pure t av"j-1LT 04 leis 0lai�is rejected in full. ( Others oerti y that this Is a true and correct COPY Baard'a q asrastI 7- r%,,,T5h1s date. Dated: N 1 s !HIL SI1TL4ffi.OR, Clerk, �► o Clark NAM= too.. Diode Section 913) Subject to owUln ezoePtions, you !save only cis (6) tenths ftaa ttr &to Cr tea dotioe wad personally served or deposited in the mail to file a cart action nes thin 41412. Sae Govw=mt Code Seetioo 915.6. You day seek the si tine of an att rwy of jar &%rola in aon�e�settoa with Abid natter. If you went to consult at to=t you should do so i�iately. T. rMt Qerk of tee sere 4jD= a) County Counsel, (2) oasit, tisatatratoe• Attached are copies of the abm olais. Ye notified the elatwmt at the Board's action CO this claim by tailing a copy of this doetmeat, and a swo thereof %a bow filed and endorsed Cn the Board's Copy Cy this Qais in Woorlbwe with Section 29703• ( ) t 03&4 n6 ad olaimant• to olaimaut9 right to apply fbr lea to t a late claim wu sailed . nilTID:ItIN 1 9 1986 !m UTQOLOR, Mork, By V itt Clerk • i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE, RELIEF Government Code, Section 910, et seq. re: Colatrella v. Contra Costa County Flood Control District + I TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 1 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of, the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. (1 r 1. The name and post office address of the claimant � �( Tom Colatrella 906 Randy Lane RECEIVED San Pablo, CA 94806 2. The address to which notices are to be sent is: MAY 2 D �q Jeanette K. Shipman LAW OFFICES OF PHIL8A H Loa CL OARD PERVISORS STERNS, SMITH, WALKER & GRELL TRAc TA 280 Utah Street ' 'Y"' San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17; 1986 at 906 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 I JEANETTE. . SHIPMAN Attorney for Claiman 3006-C CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910 , et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, 1inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control , repair and remove debris from !Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and I constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design , require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; - i I i a n (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the, f.ear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustainedias a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physicaly and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i | | " ~ . � .° . ^ , - ' ' ^ , ' CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Gove nment Code, Section ?10, et ieq A P',A"J I J nei �~ - - rz _ | - c'{ - ` - ' Contra- Costa Countv 10 651 Pine Streit PHIL BATCHELOR Room 106 ' (VLERK | Martinez, CA 94553 Pursuant to the provisions o+ Section 910, et seg. of the Government Code of the State of California, claimant claims damages d equitable relieft. 1The name and i ost office address of the claimant is: Tom Colatrella ?06 Randy Lane I San Pablo, CA 94806 2. The address t I .which notices are to be sent is: Jeanette K. Shipman LAW OFFICES Ori STERNS, SMITH, WALKER & SRELL 280 Utah StreEt San Francisco, CA 94103' 3. The circumstan I ces which give rise to this claim occurred on February 17, 1186 and are described in "The Basis of the Claim'' which is attached hereto. 4. The names of 11 public employees causing the injuries, damages and losses are the| agents, servants and employees of Contra Costa County Flood Contr011 District whose names and identities are not presently known to claimant. 5. The amount of Jamages claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for- the orthe repair of drai age systems to prevent future flooding. The description of theclaimant 's damages is in the " Itemization of Damages" which is attached hereto. May 13, 1986 JEA K. SHIPMIN� ,At or ey for Claimant ' 3006-C | ~ / AM E N D E D ., _ — -- - - At OF ar �LAV aoara C=M, cg m-a- i NOW dais wrrt the Ootmty, or biatriet CD !0 Q.LDDIIR June 1 I , 1986 govea'fled by the ward of qupeu'*iaars, !be am • ed t0 L !�' Routs Endwaements, and ward, Notice of the aatice taken an lot=' � 1r' "Is °g sous � h Ile be~lor)9 acticc. All Section retarer�oas' ars Doa:d � �"�"� 6ovei�t CoOe ao �3 to California Government Codas Sinn pa Mot - and �t5•t• fleece note to �COMM, Clais�ts Tom Colatrellal .. AIN 0 31986 attcwwMt Jeanette K. Shipman Sterns , Smith, Walker & Grell addr-ass: 280 Utah Street San Francisco , CA 94103 Hand delivered its $1, 000, 000. 00+ by delivery to Clark on _My 28 . 1996 _a nate DeosivW: May 28 , 1986 BY fail, oostuarw an • erk the o pe tors : y • ittaebed is a copy of Un above-noted Clain. . Da tads June e PM RATQOM. Mark, Dy _ i98� nth owles = y s sora (Check only one) (X) "is Claim e®pl1e3 substantially with Sections 910 sad 910-2- 7419 10.2.Iliis Clailt yAII.S to o®pl y substantially with Sect i ons 910 and 91 0.29 and we ars so notifying claimant. The Board Cannot act for 15 days (Section ( ) Claim is not timely tiled. Clerk should return claim an Vvund that it w Bled late and send ww-rds� of claimant's richt to apply for leave to present a late Claim (Section 411.3). t ) Others Cettqd t C Dy s �-c c K C LCI putt' ty 1 ]II. nft Clerk of the Doard 701 Cl) Carty Cantel, (2) C mty aftinistrator • C ) dais was retwoed as untimely with notice to Claimant (,Section sues). IY. mm amt wa-4wus vote of Supervisors pretax t 04 Ibis olis rejected in !till. C ) Other's oerti y Ust this In a true IR cor"Ot Copy the 1 Order entered In Iis almites for this date. . Dated: JUN 17 NAS !Pill. UTCFE", Mork, (LO . Deputy Clerk 11AMM (Gov. Code Sectice 913) sunjeot to certa10 e20eptioos9 you have Cnly six (6t' sontlr Aram the date or this Notice res personally served or deposited is the sail to file a Dart soticn on %Us algin. an Govw moot Code Seauco "5.6. You may seek the advice of an att may at yotr Choice in connection VIM this tatter. It-lou rant to Consult an stt=, Im Wmild do so ismediately. I. 2l wt Clerk of the Board IN Cl) WjDty OMMAwl a (2) *Mty id rdstrater Attached are Copies Cit the above Claim. we notified the Gla mmt- Cf the Daard's setion an this Claim by sailing a copy CC this 11011- rate srO a memo Um sof pas bei tiled and wdarsed m the OMM's Copy Cf this Clair in with Section W03. ( ) a yarning of _salma^t-•s rigrt to apply for lea to t a late alai& sa, nailed to actaissdat. DITIDi JUN 19 1986 - PM SIT MM. Clerk, By n Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq 46"k J re: Colatrella v. Contra Costa County RECEIVED TO: Contra Costa County 1986 Clerk of the Board (:00AM. 651 Pine Street PHIL BATCHELOR (JERK BO OF SUPE i RS Room 106 BCO COSTA Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Tom Colatrella 906 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 906 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEA TE K. Attbfney for Cl imant 3006-C i i y CLAIM •FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM i Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, linclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates' of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; i (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; i y ( f ) . Emotional distress and other personal injuries sustained *while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustainedias a result of witnessing injury to claimant ' s family; i ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks, and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Colatrella v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claim a t is Tom Colatrella 906 Randy Lane San Pablo, CA 1 94806 RECEIVED 2. The address tb which notices are to be sent i M AYt(-' 1985 Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL CLERKpH1L8A HEXAqp S pERVISO AC A 280 Utah Street s . . San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 1 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of ,damages claimed is $1,000,000, plus an amount, presently unknown; but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Item' ation of Damages" which is ;attached hereto. May 13, 1986 AtA ney forSClaiman I 3006-C • 1 AME N D E D eLLIN FM Q aurwv QCam !'tl G= AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY _ FLppOD CON ROLWTE CONSERVATI June 17 , 1986 claim i6ait:st the �y. Gr �*+a� s "'��ed !O L� 2aa' govwr�aed by the Wsr'd Of Supewis1"# � coy! pouting M)dwsementa l and Daard; Wtioe of the action Makro On lar by the ♦coca. All Section rvfarenoas!are Board of A'd " � r. 6@UW)• to Caiifcraia Qovamzwt Ctioe.o ; Si.ma punuent to 0ova�rrment Code secR.lon !i3 and 415.4• nesse note all �O�Y GbU11Se1 Claimant: Jane Colatrella i ,. JUN 0 3 1986 AtUrMys Jeanette K. Shipman Stern, Smith, Walker & Grell Address: 280 Utah Street San Francisco , CA 94103 Hand delivered `art: $1 , 000 , 000 . 00+ By deliver! to clerk on _May 2 8 . 1986 Date seceiwds May 28 , 1936 joy X10 pstasrked oo • _-Merk Bf tht of NpeRIMM 161 y Diaz Attached is a copy of the above-DOW Clain. Dated: June 2,_ 1986 PM UTOMDR 9 Clerks By = countycotmal __70sMarit-CC the Board or jupwvibm (Check only am) IW* claim ocmplies substantially with Sections 910 and 910.2. lois claim ]PAILS to ocmply substantially with Sections 910 and 910.29 and we are so notifying claimant. The Board oannot act for 15 days (Section 9i0.8). ? Calm is not timely tiled. Clerk should return claim on Paa:d that it w tiled late and send warning of claimant's right to apply far leave to present a lata claim (Section 911.3). ( Others fisted: _,J5 Alnn By: p t Y ty III. s Qrrk of the Board 70: (1) Carty Carsel. (2) Canty Administrator r ( ) Claim was returned as mumly with notice to claimant (Section 911.3). Iv. BOARD am unaniman rote of Supewisars present b� Ibis eiaim�'is reflected in full. ( ) OCMs iW9tjtthatthis Is a trueW oorreci Copy the s w is nated,JUN�1 7 jAb s MnSATOMM Clwk • • By ° . spy Clerk tumm (0". Cede section 913) Subject to certain esoepti0009 You have only sis (6) months Pram the date at this Wtia w peQVWAUy sawed or deposited in the ail to file a Cana action cc this alai.- ON GovWzmmt Code SWUM 445.6. Tou eT seek the advice of an attomry of par ohoioe in oonneetica with this asttar- It tau want to oossault an attoMWy, lou should do so immediately. T. FM: Mork ar the soar"d Ws a) darty ooun.el, (2) Cwmty Administrator Attached are copies of the above olein. ice Wtified the olaisant of the Soardts action on this claim by mailing a copy of this doemnts OW a cemo thereof leas bw tiled and endorsed m the Boardfs oW of this Claim in t000rdarae with Section 29703. ( ) A warning of claimant*s right to apply rwUIto t late claim w oiled WENJUNE 191986 Pm KT=M a Qom, syP1 .A.. 9eA3ty Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Colatrella v. Contra Costa County Flood Control District + i TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 1 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages And equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claim nt is Jane Colatrella 906 Randy Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent i 5 Jeanette K. Shipman MAY74 1?6.. LAW OFFICES OF LOR STERNS, SMITH, WALKER & GRELL PHIL A �N ERVISO 28Q Utah Street UnERARD RAC TASan Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 906 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27,, 1986 JEANETTECA. SHIPMAN Attorney for Claimant 3006-D i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage , both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates 'iof damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; i l I i (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the' fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant 's physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks, and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt f i i i / / ' . ' . CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Gove rnment Code, Section i10, et seq. .^�.~�.�/m��u�^���"�=^�,�uu��� - 7�7Di 7[b7tr--i4 icnust--atl7, I*znd Cvy2,t rd&D isVilzi , ' Contra Costa County ` ~"� Is to Ph. 651 Pine Street Room 106 ! 10:K PHIL BATCHELOR ISORS C I MOD 0 M111UA I WV oh COS Martinez, CA 4553 | Pursuant tohe provisions of Section 910, et seq. of the Government Code o+ the State of California, claimant claims damages and eauitable relief from Contra Costa County Flood Control District. | ' 1 . The name and Post office address of the claimant is: Jane Colatrella 906 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH', WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached' hereto. 4. The names of all public employees causing the injuries, damages and losses are thy agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount damages claimed is $1 , 000, 000, plus an amount, presently unkno but believed to be several million dollars, for the repair of dra ynage systems to prevent future flooding. The description of the claimant 's damages is in the " Itemization of Damages" which is attached hereto. May 13, 1986 JEAETTE � fSHI �K � N t� rney or Claimant 3O06-D � | .- ` ! _ . N DED -. Q Cgs MM QJOl�Ti Cl� wt tae qty, bistrid June 17 , 1986 ltee CL !0 Q�ndBf!Milled to L Par dovscmed by the Board of supervieoe's• �Py pouting t16orsamts I and Board ; Oona od the sotiao tafc�n as las' d! the Actioc. All Section refwnoss we Board of 3tiwvi"M O�ih M ���� to California GOTS went Codas Si vac pursuant to Government Cods awum 11.3 sod 915.0• Metas note all ai►a� Claimants Jane Colatrella AtUNI"s Jeanette K. Shipman JUN 031986 Sterns , Smith, Walker & Grell Address 280 Utah Street ' San Francisco , CA 94103 Hand delivered fto:sts $1 , 600, 000. 00+ DST delivery to clerk an Ma 28 . 1986 nate Beniw0: May 28 , 1986 DST aril, Oosburked m erk of SYF& WM 168 y Attached is a copy of the above-notb olala. n Lbs u WM BATOMLDN 9 Qerk, By � June 2 . 1986 nth les . :—County : Clark Uw (Check only one) (Xi This Claim oamplies substantially With sections 910 sb 910.2. ( 7W9 Claim (AILS to oamply substantially with Sections 910 and 910.29 old VO era so notifying claimant. The Board enact act for 15 days (Section 910-8)- A ) Claim is not timely filed. Clark ahould retum Claim an Vv" that It w filed lite and send warnir� of Claimant's right to apply for leave to present a late claim (,Section 911.3). j Gated: BY: tY III. VM: Qerk of the Board TO: Cl) County Commit (2) Canty tbainistrstor 0 ( Clain Was returned as untimely with ostia to Claimant Oectioo 911.3). IY. B= By unanimous vote of Supervisors present O4 fts of is rejeetb in ( ? Other•: oarti y that this Is a true oorreet copythe 'a an to adnutes for this date. I IL Dateds !'HIL BAMMLOP, Clerk, Dy • baPdy Cleans landa MABrrM (Gov. Cods Section 913) Subjeot to oartain esoeptioos, you have only six (6) aoonths f vm the date or !'cis anti oe ran pargcnLuy sarvb or depcsi tad is the sail to file a cart satiao 0o this 411010. ass Govern =t Code 30atioD 945.6. Tau My seek the advice of an attarsy of yar aboios in oer»s IM VIth this Matter. If you rant to consult an attorney, you Lhmdd do so immediately. T. BDA: Clerk of the Board ID: a) DMMtY Cassel. CO Casty sdmiAistrator Attactued an copies of the abed claim. Ye notified the olaisorit of the Board's action on this claim by sailing a oopy of this dooment, and a ammo thereof has Oven filed W endorsed m the Board's OopY of this Claim iso ftoard. with Section "703- C ) A Munif►g cc olaisant•s r407t to apply ibr lea to t a late claim w mailed to claimant. DITEN .11IN 1 ,9 1986 PL 11lTQi M i, Clerk, By ° OsAttY Clerk .CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. /! () 4,0111 ,0A ggJ re: Colatrella v. Contra Costa County RECEIVED TO: Contra Costa County li"AY a5' 1986 Clerk of the Board 111OORM- 651 Pine Street PHIL BATCHELOR Room 106 LERK B RD Of SUP (SOBS C RA COST o D* uf Martinez, CA 14553 e Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Jane Colatrella 906 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 906 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEAN21erE K. SHiPidAN Attorney for Claimant i 3006-D I CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. ITHE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage , both reall�and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : I (a ) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, .use and repair expense ; (c) Expense of preventing further damage from suture flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; I I i ( f ) Emotional distress and other personal injuries sustained 'whi,.le escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity, (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. i re: Colatrella v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 1 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the cl 'm nv,'c` l Jane Colatrella 906 Randy Lane ]KECEI ED San Pablo, CA 94806 1�/ y 2. The address to which notices are to be sen is: MgY �1o1986 Jeanette K. Shipman LAW OFFICES OF PµILSATGHELOR STERNS, SMITH, WALKER & GRELL ( EA RD PERVISO F Ac 280 Utah Street e San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 JE TE K. SHIPMAN A rney for Claimant 3006-D i - CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Colatrella v. Contra Costa County ITHE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both realland personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: ( a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. . ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3006-D (c) Expense of preventing further damage from future flooding; i (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; I I I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Colatrella v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant' s physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. I i i 1 I i AME N D E D Cr a CWW aoat� oc,o�rt, AMC= AND AS THE GOVERNING BOARD OF THE CONTF.A COSTA COUNTY _ FLooPD -�CONTTROL _WAT�E CONSERVATT SIT June 17 , 1986 claim �titsst the Oo�s:ty, or is 1wan Bove: by the Board of 2upervis"t the Copy s mailed to flouting Worseemta, d Boardactio. ad the action talon an w M bs b !bs Action. All fiction referrer ow are Board of fteruisors (Pm'aQ'aih IT# to California tioverr:sent Godes at wen prsuant to cob SeotiM 113 and 915.40 !lease note all www"1080 4%* Qai-ants Ray 0. Cates J UN p 3 Attorneys Jeanette K. Shipman 1986 Stern, Smith, Walker & Grell Addresss 280 Utah Street San Francisco , CA 94103 Hand delivered ft `amts $1 , 000, 000. 00+ by delivery to 62W* Cc Mat' 25 , 1986 Date Re dyads May 28 , 1936 by tailI Potmrw an • . ark if the Board of 5YjTe"1.0;F 16, County Waim ,attached is a copy of the above-noted algia. n Dateds June 2 1986 PM llClerk# by 4� = County mimil TD: Clark or un lomm cc 8upervLoars (Check only one) 7nis Claim o®plies substantially with Sectlaw 910 aced 910.2. ( lis Claim f ® AnS to oply substantially with Sections 910 and 910.29 gad lis sire so notifying claimant. the Board Catnot act for 15 days (Section 910.4). ( Claim,is not timely filed. Clerk should return claim an ground that It was filed late and send warni of claimant►s right to apply for leave to present a late alms (.Section 911.3. C ) Others Dated: / By: c 77� PAY NFEY III. tll s Qerk of the Board TO: Cl) 0iinty Oounad 1 (2) County Adai:sistrator Main was retuned as untitely with notice to Claimant (,section 911.9). IT. MW OIbER unanimous Ate of 8uparvisors present This ClaimmAis rejected in lti11. Certify that Ms is a true W3 oorrect Dopy the 's an is minutes for this date. nated: JUN 17 1986 PM BATOMM, Clerk, ft 1. . !My Clerk MIRt= (Gov. Code Section 913) subject to orrtain esoept CCO, you save only sit (6) months pram the slate at lata bots*& w parson LUy served or deposited in the nail to file a cart Cation m this alai-. see Oove11=e10t Code SWUM 945.6. Tou say seek the advice Of an attar my of yar aboioe in orxvwcion with is yaLLer. It you Mart to oonault an atto+�ey, lou shatild do so immediately. •. nMt Clerk of the board !Ds (l) Oas:ty OwWa s (2) Oointy ,administrator Attached ars copies of the Owe Claim. We notified the olaisment of the board's action an this Claim by tailing a copy of this dDCW=t, and a mems thereof has beta tiled and endorsed an the Board's copy of this Cama in a000r urM with SaaRicn 29703. ( A waing Of Claimant's right to WY ibr lea to t a late mala No wailed to alaimnt. DATED AVN 191 9ffiI. SITQ;FZM# Clerk, _ _ Da}tity Berk l M CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Goverinment Code, Section 910, et seq. re: Cates v. Contrail Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 914553 Pursuant to the provisions of Section 910, et seq. of the Government Code of! the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: ` Ray 0. Cates t�4 921 Randy Lane San Pablo, CA 94806 RECEIVID 2. The address to which notices are to be sent is: �/ Jeanette K. Shipman MAY LAW OFFICES OFSTERNS, SMITH, WALKER & GRELL PHIL 8A H pqLERK I p PERV 280 Utah Street a RAC TA San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 921 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANET Attorn for Clam l 3005-A i 5 'CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 1THE BASIS OF THE CLAIM i Claimant sustainedl physical and emotional injuries and property damage, both real land personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : I (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be ' compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; (f ) Emotional distress and other personal injuries sustainer, while escaping from the floodwaters, mud and debris , and from the fear for personal safety and. the loss of and real and personal property in the event of future flooding ; i (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i 3 - . , . ' ^ CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUIT Government Code, Section 910, et seg. re: Cates v. Contra Costa County Flood Control Dist ' + / MAY Ito 1986 TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street | DePJJtyJ Room 106 1 By 0 ! Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Ray O. Cates 921 Randy Lane . San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 000, plus an amount , presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future 'flooding. The description of the claimant ' s damages is in the " ItemQation of Damages" which is attached hereto. May 13, 1986 -�� ------- JVNE , c K. ��1�,.�.�° ttor ey for Claimant ^�-_~� 3005-A | CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq.- re: eq:re: Cates v. Contra , Costa County Flood Control District I THE BASIS OF THE CLAIM Claimant sustained, physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, � inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, . repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3005-A (c) Expense of preventing further damage from future flooding; I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cates v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. i i A.M_E._NDED �. p�xn esR s A waw �OIITi, Claim Wnst the County, or bisttiet wrier !0 Q.lat M June 17 , 1986 joveraed by the Boyars of %Apw viwm 9 '1!r 4 VY s ed tois ' Routing Bn6orsemes ts, and Board , ootioe of the aotiaes taken m Yvur � b2 WIN Action. All Section refararar are Board of Suprarviscrs �ih 17• bdar)a to California 'Ooverruent Codes �ni5.tmteaooaGoovelote �t 0060 beou !�3 Claisante Ray 0. Cates I .. l J Attore�sy: Jeanette K. Shipman Md lIN o X98 Sterns , Smith, Walker & Grell is Addrasa: 280 Utah .Street San Francisco , CA 94103 Hand delivered iomt: $1, 600, 000. 00+ Sy Oelivary to Clark on �MjX 29 . 1 9 8 6 ffate B"dwd: May 28, 1986 By axil, postaarw an . --Mork U the of biperviews 158 y Attached is a copy of the above-noted alala. Bated: June 2 . 1996 Tom• UTOMUM, Cly, By ath Ka&les = county : ark- (Check only one) !lila claim o=plies substantially with Sections 9110 and 910.2. ( lois Claim TAILS to oamply wibstantially with Sections 1110 and 910.2, and ve era so notifying claimant. The Board oanwt act for 15 days L%ftIcn 1110.0. ( Maim is not timely filed. Clerk should return claim on graa:d that it w filed late and send wrarniof claimant's right to apply for leave to p%sent a lata claim (.Section 951.3). Dated: By: L-<- L� putt ty III. PSM: Clerk of the Board 70t (1) County Counsel, (2) County Administmtar • ( Maim vas rstwmed as untimely with notice to claimant (Section 91.3). IV. Now rlrR unan som Ate of Supervisors present (>I !lila nlaim%is re•)ected in full. L ) Others osrti y Mit this In a trueim oonvet Copy Board's 16 minutes f this date. Dated: UN 171986 Pim. NAMML iR, Mork, By , pa y Rork VAMM (Gov. Code Ssotion 1113) SutJeet to ostein e20eptioca, You haws only lift (6) months fres the sato at tDis notice tea pwwnally served ar deposited in the mail to file a Cart aotian an tats alma. See Covenant Code Scotian 915.6. YOU My Seek the advice of an attamey of Yat &Rola in eWne Im with tms tatter. If You rant to ommat an att rwy, you Should do so ismediataly. 1. nM: Clerk of the Dowd 4RDs Q) Canty Counsel, (2) County Administrator Attached are Copies Of the above Claim. ate notified the Cle=mt of the Board's action CM this Claim by nailing a Copy of this docmwts and a 0=0 thereof has bow filed and e04101"d an the Board's Copy of tots Claim is Dowdanoe with Section 29703• L A Yarning of Claiaant•s right to apply rW lea to t a late almem a , mailed WE)IJ bN i� DIT=rOiR, Mork, DtPAy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. i416J1V11AUAJ re: Cates v. Contra Costa Countyn 1K I 7ED + .G1 V Li.v TO: Contra Costa County 1AAYa!( 1986 Clerk of the Board 11100 P/N. 651 Pine Street ►HiLSATCHELOR IERK B ARD Of SU ISORS Room 106 rY C RA COST C .v D Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Ray 0. Cates 921 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 921 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE K. SHIPMAN Attorney for Claimant 3005-A f I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive , as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo , and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; I I i (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt I �f CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cates v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Ray 0. Cates 921 Randy Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is: MAY�� 1986 Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL ��ES °H1AAo F"u°EAVIBO 280 Utah Street B TRA TACO. San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair ofdrainage., system&—toy.prevent. f uture f looding.... The- Iftp .. May 13, 1986' J A TTE K. 4Cla t orney font 3005-A i .t 4 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cates v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San - Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. in va1uiw additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3005-A (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; i . CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. ' re: Cates v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. i i f i AMENDED f t! auraRPQ cow MTA MMM AND AS THE GOVERNING BOARD OF THE CONTF-A COSTA COUNTY _ FL0o99D -�CONTTROL _Wj�JE CONSERVATI June 17 , 1986 Maio faint W County, Cr ULto is 2oa' govetZfeO by the heard of %parvio"t "a Copyor-we documT, Mailed ilouting 1Dn6otSHW:ta, and Board; aotios of the Wtian taken m Yes' w the Action. All Section references we Scatd of 94er*isors ITS bldw% to California Goer meet Coed" given paVMA to clover went Cods Station 9l3 end 915.4. deans note all • Maifa:fts Charlotte J. Gates .. Attofrmtyt Jeanette K. Shipman Stern, Smith, Walker & Grell Addrssst 280 Utah Street JUN 0 31 San Francisco, CA 94103 Hand delivered Amounts $1 , 000 , 000. 00+ By delivery to Cid on Date 2eood olds May 28 , 1936 By Edit 0ostmarw an : ark of Supervisors : county attached is a Copy of the above-DOW Clam. Detadt June 2 , 1986 PHIL BATQMLAR, ClWkg V : 93CEFY : er (Check only one) (x) This Claim complies Substantially with Sections 910 sfltd 910.2. This claim PAII.S to oomply substantially with Sections 910 and 940.29 end we ora so notifying claimant. The Board oannot act for 15 days (Section 910.8). ( Maim is not timely filed. Clerk shmdd return claim an grastd that it was tiled late and send warm of claimant's right to apply for leave to presevt a late Claim (Section 411.3). t ) Othart bated: - WT: L-e-1. MY ty III. ni: Clerk of the Board 70s Cl) ty Counsel, (2) County Saministestar r ( Claim was returred as sntimely with notioe to Claimant (Section 9U.)). IT. BOrARD am unanimous vote of Supervisors peyssat DO this oolai>�lis refected in ltr11. i Others Ciro y the We Is a true iR oor"at copy the to Wn to all utas for this date. ` Datedt IUN 1 7 1986 PHIL UTMELM, Clerk, � . Deputy Clerk ItARNDIC (Gov. Cod. station 943) Sf&Jwt to Certain eaoep+ MBs You have only tis (6) .oaths from the dat• at this Cotice wru pea`sonally served or deposited in the mall to life a Cart actim &n this alata. See GovGr=wt Code 39otio0 945.6. Tau MY seek the advice of an attamey of Your ODIC* in oofnice with this natter. If You want to oonsult an attontry, You shmdd do so iosdiataly. T. "Ms Clerk of the Board hit C1) Canty Oomsefl, (2) County Administrator Attached are copies of the above Claim. Ye ratified the Clsinant of the Board's action on this Claim by sailing a cOpy Cf this doatnt, and a rmo thereof by bin tiled Md endorsed an the Board's Copy of this Claim in aOmtkrae with 36ction 29703. ( • warning of alaimsnt's right to apply !br lea to t • &lain was ailed A1TED to 6 "31D►TOMDR, Clerk, By 11 DDR*y Clerk r I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cates v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of ; the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Charlotte J. Cates 921 Randy Lane San Pablo, CA 94806 T 2. The address to which notices are to be sent i :RECEI ED Jeanette K. Shipman LAW OFFICES of MA1�- 198IS STERNS, SMITH, WALKER & GRELL 280 Utah Street P" GATc A R$ ERK A D OF$ RVI$O San Francisco, CA 94103 �' Aco$ Aco e 3. The circumstances which give rise to this claim occurre on or about February 17, 1986 at 921 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTSH P A Attorn for Claim t 3005-3 I I ti 1 CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, 1 inclusive , as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and !constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents ; repair expense , additional living, 'moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; i r (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant 's physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build , repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i i I I . ' . ` ' ^ . CLAIM FOR PERSONAL |( INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF ` Government Code, Section 910, et seq. , re: Cates Contra y Flood Control Dist + TO: Contra Costa ood Control District Contra Costa Count\Y Room 106 Martinez, CA 145.5.7; 6A ILOR Pursuant to he provisions of Section 910, et Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. � 1 . The name and post office address of the claimant is: Charlotte J. Cates 921 Randy Lane San Pablo, CA 94806 2, The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agentsv servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 000, plus an amount, presently unknown, lbut believed to be several million dollars, for the repair of drainage systems to prevent future flooding. Th description of theclaimant ' s damages Damages" which is attached hereto. May 13, 1986 � EANET TE K. SHIPM AN � At rney for Claima�t^ 30O5-B / | | CLAIM FOR PERSONALIINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cates v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of',Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa 'County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to, take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3005-B (c) Expense of preventing further damage from future flooding; i - • is .e r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cates v. Contra Costa County Flood Control District I (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from theifloodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. i i p;,Rn cr summm cr cam ooat� cUORrt� • l Clain Wrwt the Munty, er bistrIA CC 20 aAlpjW June 17 , 1986 Bovaraed by the Beard of Supervisors, the Copy ed ito 1s Pw 110ating DOW*omits its a and q=rd entice of the satiao taken = Ices' try t!r •ctiae. All '.Section refarenoes re Dowd at �per'vi8" ��� IT$ balor)� U californis Government Codas given pzwjmnt to covert Cods an 93 Md 915.4• llaase a� all +�t • Claias�t: Charlotte J. Castes h coASRI Attammys Jeanette K. Shipman JUN 0.3 1986 Sterns , Smith, Walker & Grell Address: 280 Utah Street j ftbW 6 San Francisco , CA 94103 Hand delivered AMMMts $1 , 600, 000. 00+ Dy Oelivary to alark m May 28 . 19 s 6 Date IOW VW: May 28 , 1986 sy mile Petaarksd an _-— • erk if the 30ard of NFr_'9iR;i_ Iffil 9FPMtY MaZ •ttaehsd is a copy of the above-noted claim. Dated: -June 2 - 19 8 6 14iA. 1ltl?t1df1As1, Qerk, D;1 La������ 6th K tyles . : yCamel : Gark sora (Check only arse) fix) Ibis claim oamplies substantially with Sections 910 and %0.2. ( ) lois claim FAILS to oceply substantially with Sections 910 and 410.2, end We IM so notifying claimant. The Board owwt act for 15 days (Seatiae Claim is not timely filed. Clerk should return class on VVUnd that it Mas lilsd late and send wara of claimant's riot to apply for leave to present a late Wale (Section 911031. Ours Dated: Demy COMEf III. nMs Clerk of the Board 70: (1) Gowt7 Cossssel, (2) County lftinistratar ( Main was returned as unti0ely with notice to elaisant (Section 9.1.3). I9. IDARD unarduous vote of 9upervison Pmeent ltiis assm^ss rejected in cull. ( ) Others Oaarttadmti y�the this s a true correct Copy the �s � � is Dated: Uff 191 . BATOELM, Clerk, By A&M . �tputy Clerk *AM= (00v. 00" Seatioo IMV SUbject to orrtain exceptions, you have e4ly six (6) sonths ths the date Cr this Wtice was peownally served or deposited is the pail to rile a Cart aotioo oa this 61010. ass Government Code Seotiao "5.6. You MY seek the advice of an attermy CC par ahoioe in oormsetior: tritb this better. It you want to consult an attorney, you s?no«td do so ieeediately. �. I"$ Clerk of tee Board Ips CO oaaty cowed, (2) Dowty Administrator Attached are copies of the above slain. We notified the alaisant of tlw Board's action on this claim by seising a copy of Wdo doe+meat, and a sac thereof has ecce tiled and Gftr ed oA the lbard's oapY of this M ai0 in with 3ectiao 29703. ( ) A naming of eLiswt•s rigbt to apply ftr lea tot a Quin My nailed to olaisaat. en am:_ JUN 19 1996 TM KTQOIM a Mwkq By A.-7. o ��y Clerk 3 I , CLAIM FOR PERSONALiINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF I Government Code, Section 910, et seq re: Cates v. Contra Costa County R.ECEI VED TO: Contra Costa County [AAYay 1986 Clerk of the Board 651 Pine Street 1:00pm. ►H0.BATCHELOR Room 106 I LERK B RD OFS VISORS Martinez, CA 94553 s C RA COS o i D utr Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Charlotte J. Cates 921 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 921 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE . SHIPMAN Attorney or Claiman 3005-B CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from� Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; i. (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from suture flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; I r ( f ) Emotional distress and other personal injuries sustained while - escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; i ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future - flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt i i t.s f CLAIM ,FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cates v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 i Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Charlotte J. Cates 921 Randy Lane \ � San Pablo, CA 94806 2. The address to which notices are to be sent is RECEIV Jeanette K. Shipman LAW OFFICES OF Mp te- 1996 STERNS, SMITH, WALKER & GRELL 280 Utah Street a►,AaoA F"TOE;T s San Francisco, CA 94103 NTS 3. The circumstances which give rise to this claim curr on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The attcu M.GC-" MAY f� --- --------- --- --- ,JE TE K. SHI N At orney for Claimant 3005-B I i i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cates v. Contra Costa County ITHE BASIS OF THE CLAIM I Claimant sustained physical and emotional injuries and property damage, both realland personal, on or about February 17 through February 20, 19861 inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: i (a) Contra Costa 'County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and ,to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. in value; se•,.--- additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3005-B (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; i a CLAIM 'FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code., Section 910, et seq. re: Cates v. Contra Costa County + i (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant' s spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant' s family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. j i i i AME N D E D ism Cr Cam COCA WMM, cm AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY —=- Qais � L�D CON y OLac JE CONSERVATI "r ed tone L, 1986 governed by the Beard Of &Dervisoe'e, Tbs Oof►! s 1W Ilotitting adocsementa l and Board, motice of the action taken an lar etlaia b,► abs Action. All section r6faren008ora Board cc supervisors aw1w apb IT# eaiar), to Cali for ni a Govarmwt cods I given pursuant to Government Dods seatian 93 and 915.4. 2lease note all Waraio 16 Qaisants Mary Jane Broyles AtLcrW73 Jeanette K. Shipman X03 Stern, Smith, Walker & Grell r9g6 Address: 280 Utah Street San Francisco , CA 94103 Hand delivered Amounts $1 , 000 , 000. 00+ By delivart to Olarh an May 28 . 1 86 - nate Received: May 28 , 1936 By mil. Petw~ an .. • . eek U the O p— sons lot county aialgil Attached is a copy of the above-noted claim. nateds June 2, 1986 PHIL 5kTOIE", Geek, By VA = y : eek (Check only one) jis claim o®plieo substantially with 3sotioos 910 end IMO-20 ( ) rAls claim fAn S to comply substantially with Seations 910 and 910.29 seed We sire so notifying claimant. ibe Board cannot act for 15 days (Seation 940.5). ( claim is not timely filed. Clerk ahovld return claim on Pried that it w lilt late and send warning of claimantla right to apply for leave to p maent a late claim (Section 911.3). ( Otbars ey: PAY tY In. nM: Clerk of the Board 70: Cl) ty Counsels (2) County Administrator r ( Main was retwW as untimely with notice to Claimant (Section 911.3). IV. BDA3'DBy unanimous vote of 3upw vlwrs presentt 0'� Od This aid" rejected in lull. ( ) Others cert fy that this ls a tswe W oonrsc copy the • an is ■ mites for tbds date. Dated: 17 NnSIITQiO.OR Marks �r ° • Deputy C:LWk 1t410tDIG (clay. Cede seetian 943) Object to certain exceptions, Iou have only si: (6) montbs rM the ante er this notice w pers�y served ar d*positsd its the mail to file a cart aoticn an tlsis alms. see Government Code 3sction 915.6. Tau may seek the advice of an attarasy of par aAoioe in Comma Ion witb tWis Utter. If !ou dant to 0000 It an attw%OY9 YOU should do so immedately. /. !'M9 Mark o[ the Board 'ms (1) Doosty Cwmwl, (2) Casty A&inistratcr Attad W ase WON Of the above claim. Ve notified the alaluent of the Board's action an this claim by mailing a copy of this doemt W a ono tbpas Ogen filed and ssdossrd on the Board's am of this Claim in a000rdanoe a�sof with AsetIan 28703. ( ) • naming of clalmantts right to egrply ter lea to p7t • We claim w nailed to claisant. WIN 49 19198 IM BAT MLOR, Qerk, By 00PAy Mark CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Broyles v. Contra Costa County Flood Control District + i TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Mary Jane Broyles 906 Randy Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is: Jeanette K. Shipman MAY1,18F; LAW OFFICES OF STERNS, SMITH, WALKER & GRELL Pµ�teA1 LOA ERK B RD Of U pVl$Op$ 280 Utah Street NA C0 AC . San Francisco, CA 94103 s 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 906 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 , JEANETTE K. SHIPMAN Attorney for Claimant 3006-B CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE 'RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; � 0 (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant 's physical; and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt \- � ' . ' ' ^ CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. ` re: Broyles v. Contra Costa County Flood Control Di + ' TO: Contra Costa County Flood Control District MY It 1986 Contra Costa County 651 Pine Street PHIL BATCHELOR Room 106 3RD OF SUP VIS Its Martinez, CA 94553 _ Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Mary Jane Broyles 906 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are desoribed in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding . Th description of the claimant 's damages " Itemiz .t on of Damages" which is attached hereto. May 13, 1986 _ ME TE K. SHIPMOU tot ey for Claima. t � 3006-B ' CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Broyles v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM I Claimant sustainedphysical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, � inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enJoyment, ! use and repair expense; 3006-B (c) Expense of preventing further damage from future flooding; i II I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Broyles v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant' s spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of -witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. A M 'E N D E D CrVX N au t IMM Or GNM MU 0=77a CK OWIA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY ClainL D CON T OLo _WATE CONSERVATI � jjAq= June 17, 1986 Against TOP liovrrnld the Beard of &pes�Yiioe7 "� ��*d to is uting boorsamenta, and Board ' moticof the aatim Ulm as Toter � bj tie. Actias, All Section refemoft W . Board at Svperrvitos owarumo I7& baiCtr), to California GOVWTDent Codes $avec prrst int to Government Code aboutat 193 and 315.4. Heise note au sitaraio�`. Mais�tt Ruby J. Brown 14* lttarusyt Jeanette K. Shipman JjjN Stern, . Smith, Walker & Grell Q3r9�� Addrresst 280 Utah Street San Francisco , CA, 94103 Hand delivered � AN, Mt $1, 000 , 000. 00+ MY deliVWT to oltrk as May_.2g�. 1986 Data BteosiVed: May 28 , 1986 by Milo postomft d an ark of NFRISors 103 CRAM ,ttaftd is a Copy of the abovenoted o]aia. Y Dateds �June 2, 199 8 PFM BITQEAR! Clo rk By (Check way am) ar This claim Complies substantially with Sections Ito and 110.2. } VWX Claim ?AILS to "Ply aubstantf ally with Sections 310 and fX0.29 and We Won so ratifying claimant. She Board oarrumt act for 15 days (Sectibo 910.$). } Claim is not timely filed. Clerk should return claim on Vvund that it was tUed late and send warning of alaimuentI& right to apply for leave to prasent a :„ate 0292 (Section 41.1.3). t } Otbert WE T6mty IIT. Fly: C;wk of the Board 701 0 } County Cca Ad 9 (2) County Administrator t } Main vu retwm*d W untimely with notioe to olaiavnt (Section lY. utanis095 Vote of Superwiso°s p slut � Phis olasa�i,y sa rtiu.. t } Others oerti Y that this Is a tarue am Correct can, orRs ,� ulnutes for s date. la IRA Dated: 17 l"III, SATOELM 9 Cleft o BYP44AIA • s Arty McMt lBuD,)eot to Certain ttmoptiiens9 ?vu ba mlOMM y six t(66) months ftam the at* Morios waS persa�nally sasvad or deposited in the mail to file a Court aotim aD ifts Mee 00vwm of Code Seotiao 945.6. ?ou rT tack the advice of an atta tay of yaw abotos in Connection tdZb tbdtt aeLtarr. It >'m want to oocwnCt an attarMfYv 7vu Omdd do so 1=ediat44y. •. VMS Clark Cf the ftwd IO►: CO ftwtY CoVlfall j (2) County jfnir4strator itt&&Od are aopiaa Of the abm Ciafe. We notified the alaisant of ttx &ardts action ars this Claim by Mailing a Copy at this document and a sumo ttkreof has bsen tiled and snd r*W ore Un Board's oa►py cd this main in ' with Section 29ta3. l warning Of olalmn!ttxs right to awy yam. 3=M:10�0-1�9 to 4datoant. ada tis ■ailed 1. Isss l�I, DIT . ae*, py DIPAy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Brown v. Contra Costa County Flood Control District I + TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood ontrol District. 1. The name and post office address of the claiman , � 1"�,k Ruby J. Brown RECEIVED 2190 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is. MAY a-��% � vqr Jeanette K. Shipman IL BATCHELOR LAW OFFICES OF �Lea �RoR MCIF SAc vl STERNS, SMITH, WALKER & GRELL e 280 Utah Street , San Francisco, CA 94103 r 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 2190 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the, "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTEIX. Attorney for Claim0fit 3001-A I; I j CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE. RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both realand personal , on or about February 17 through February 20, 1986, ` inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from! Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled. to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; i I ( f ) ' Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the` fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained ; as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq1PL4_LJJ re: Brown v. Contra� Costa County Flood Control D s �i.V TO,: :Contra,_c osta 11couaty-Flmod y tro3 D str ct + +' ' . 1986 Contra Costa County $'a0 P.m- 651 Pine Street PHIL BATCHELOR Room 106LER CO RAOOS7A RVSORS Martinez, CA 94553 a De "" Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: Ruby J. Brown 2190 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER& GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 J TTEK. SHIP N orney for Claimant 3001-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. --re: Brown v. Contra ! Costa County_Flood_-Control District "> THE BASIS OF THE `CLAIM Claimant sustained; physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. i re: Brown v. Contra Zosta County Flood Control D3strlct + (d) Expense, for debris._removal Ancluding.,--reasnatav'. comgenzation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and _escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt I I A M E N D E D Cr sow Or Cam conn. AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY. _ FL D CON ROL W E CONSERVATI June 17 , 1986 Cia12 AS--- 90umb ar ed to Is Pr 8averfl+d by w Soars of 'uparvisaroo �e ooff Uouting BndorsemMUls and Board notice of the aotian taken an 7mr b! the Actscm. All Section »feranoes, are Board at awTisocs h ITS balaw)o to California Govarment CodesMMON; given ant PjW to Government Code Sectim 913 and 945.4• Flew now all Claisemts Victor E. BroylesMON Attar "s Jeanette K. Shipman JUIV 8 3 1986 Stern, Smith, Walker & Grell '!Wbwik fA Addresss 280 Utah Street San Francisco, CA 94103 Hand delivered `• ' its $1 , 000 ,000. 00+ By deliwrY to clerk go _May 28 . 1986 nate Baadvsds May 28 , 1986 By tailt fit'~ an • 72. s ark of Yupervisors 162 CFM7Y Attached is a copy of the above-notod clava. . Baud s June 2 1986 PHIL UT HELOP, Marko ft ftPAy y 041 : aizriry colmea =3 Marjrw (Mmk only one) t?C) Ihis claim oamplies substantially with Sections 910 and 910.2. Ibis claim !AILS to ocmply oubetantiall, with Sections 910 and 910.2, and We ars so notifying claimant. She Board oannot act far 15 days (Section 910.6). ( ) Main is not timely filed. Clerk should return claim on Paand that it tits Bled late and send WW Tdof claiauit►a right to apply for leave to present a late *Stun (Section 911.3). ( Others bated: By: -FepAy ty in. Flims Clerk of the Board 'Tot (1) Count, Counsel q (2) Count, Administrator r ( ) Main Baas returzwd as smtLeely with notice to cIaissant (9eetion 911.9). IT. MM 8y unanimx vote cc Supervisors pveent p� !his olagis rejected in full. ( ) Others . oerti y that s In a true W correct -COPY the Boar'd9a On L almstes for this date. Dated: 7 19�b PHIL IMTQ�ffiM 9 Mork. Dar 0 R1d . bsputy Mork Y11 sm (00v. Cade ssetiOn 913) Subject to Certain exceptions, !au have ady six (6) months f am the date or this natio* Was personally served or deposited to the nail to file a Cart notion an dais.,. slain. Ise G0VW=wt Coda Sectim 965.6, Tou MY seek the advice of an attorney of I r ahoios in owrnwtian with this •tier. It you sant to consult an attorney. 7vu should do ao immediately. - T. "Wt Clerk of the Board TDs Cl) Casty Oamael11 (2) Casft, dclmiTsist!'atoe' Attached are copies of the above oitim. we notified the olaisant cc the Boardfs action an this claim by tailing a copy of this dMawt, and a Demo tbersof has bean filed and endal . m the aoard's Copy of this Claim is with bection 29703• ( I A warring of cialmn.*s riot to way !brto t a SO Qlataaato Clair tins nailed Sl'i'IDs ,UN 1 g 1���i IM llll'Qi UMI Clerk, By bPA1 Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Broyles v. Contra Costa County Flood Control District i TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 1 Martinez, CA 94553 I Pursuant to the provisions of Section 910, et seq. of the Government Code of ' the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claima t is: Victor E. Broyles Gu" ,� 906 Randy Lane ! ""�'� San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is Jeanette K. Shipman �JINY a. QPM. LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIL IAT ELOR 280 Utah Street �LERK DOF u viSM RA C A San Francisco, CA 94103 a .• • • • ••••• 3. The circumstances which give rise to this claim occurre on or about February 17, 1986 at 906 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE K-.J SHIPMAN Attorney for Claimant 3006-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF- Government Code, Section 910, et seq. THE BASIS OF THE CLAIM I Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, !inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control , repair and remove debris from !Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; v (b) Said entity failed to develop , design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; I i- (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; i i ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and ' the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant 's family ; i ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt j I . . ^ , , . . . . . ' CLAIM FOR PERSONAL; INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. I �01 L�L* A" I re: Broyles v. Contra Costa County Flood Control Di tt / ' + AtCEIVED TO: Contra Costa younty Flood Control District Contra Costa County 651 Pine Street PHIL BATCHELOR ! Room 106 Martinez, CA 94553 / Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Victor E. Broyles 906 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 T. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. ' 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be severalmilli l for the repair of drainage systems t t f fi description of the claimant ' s damages is in the " Itemiz of Damages" which is attached hereto. May 13, 1986 °~ TE K. SHIP Attorney for Cla matt 3006-A � ' . r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Broyles v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both realiand personal, on or about February 17 through February 20, 1986,1 inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control,, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, .use and repair expense; 3006-A (c) Expense of preventing further damage from future flooding; CLAIM� FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Broyles v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. M E 9-b E D yn or gnnvelral�tS or C� Mj Q1 IM, cm.ao M Maim wnst the qty. or biitMstJune 17 , 1986 Ce: !0 Q.A� governed by the Surd of superviVia oopy sors, s oc�ureen ed to !� 1w SoAing Er4waemests, and Board motics of the aotiao takao 0o tar Art No Action. all section refarenoee!ors sore of Sug»oc-visors (tara�apb _'►. Oalvno�ti )� to California Qoverment Codes ! given pursuant to QoverrseenL Code Seao IL3 Good 915A. Flow cots all • Claimants Victor E. Broyles Attawr Jeanette K. Shipman J(�� Sterns , Smith,. Walker & Grell 406; /93 Addrrss 280 Utah. Street San Francisco , CA 94103 Hand delivered sots $1 , 0 00, 000. 00+ By delivery to olrk an May 28 198 Date jeos3sN: May 28 , 198 6 By •til I, postaariad on . erk Ef the Dowd of SaPiFROWS : y Owma Attached is a copy of the above-Doted 03412. 0 tateds June 2—19 8 Ei PM BhTa�MN I Clerks NY +Lx 4th K les : y : er ecce (Check only ane) This claim oceplies substantially with sections 910 and 910.2. ( 7W9 class TAILS to omply substantially with Sections 910 and 910.2, grid We W% so notifying claimant. The Hoard oannot act for 15 days GSectim 910.0. Maim is not timely filed. clerk shmdd rets elaim m gmwA that it was tlUd late and send warmof claimant's right to apply for leave to prosent a late alais (Section 911.3). t ) Other: noted7 Fh: c.c , PAY ty 1 M. nM: Qerk of the Board 709 (1) ty Counsel, (2) County Administrator • ( ) Maim was returned s', untimely with notice to claimant (3ection 911.3). I9. BDAAD am unanimous vote of supervisors present ap.a^-uo-4a This alaur is r0ected in full. ( ) Others osrtt y Aha this in a true an oomect copy the 's en to a mites for this date. Bated: JUN 17 a85 m PM DA70 LM 9 Murk, B9 • • !!ELY Clerk M1►1a M (Gov. Cods Section 913) Subject to certain ssoeptims, you taut only sit (6) •onus f calm the date at this •otiof w Pownally served or deposited In the mil to t11s a omrt •atim a4 teems elaia. ass Coverrmemt Code 30CUM "5.6. You my seek the advice of an attorney Cf jar ahoios In oermeetIon with this Slattre it you sant to ommat an attorMy, yvu at:ould do so Laeediatsly. T. tl Ms Clerk of the Board IN (1) Gassty W"Al s (2) Cally Adaiatstmtor Att &Ad are oopias of the •bone claim. We notified the Claimant of the naard's action an this Claim by mailing a m'DY of this d*CU=t, and a Mo thereof eras been tiled Md an&reed m the Surd's Dopy of this Claim in with Section 29703. ( 1 A waming or olaiaant's rubt to apply ibr lacto t • alai& w •ailed to al4imat. e#tTIDs 111N 1 9 198 PM NATMELDR. Mork. � 77� - bait. Clark r1 � CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. rt- I � 0/'"d re: Broyles v. Contra Costa County RECEIVED TO: Contra Costa County 14AY.29' 1986 Clerk of the Board 1:00RM PHIL BATCHELOR 651 Pine Street ERK{ aoOFSUP sots Room 106 C ACOST 8 .. . . ...R De u+r Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Victor E. Broyles 906 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 906 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTt K. SHIPMAN Attorney for Claimant .I i 3006-A • CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustainediphysical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris . from 'Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and 'constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal in* caused caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; t - CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Broyles v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA !4553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the cla a ' AC. , Victor E. Broyles 906 Randy Lane San Pablo, CA ,94806 RECEIVED 2. The address to which notices are to be sent 's: MAY�� 1956 Jeanette K. Shipman so LAW OFFICES OF PHIL BATCH oA VISOR STERNS, SMITH, WALKER & GRELL (�Cra NTpAo TAE P- 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of ,damages claimed is $1,000,000, plus an amount, presently unknown; but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The cacc�i gtflA., af. ;the: c,la�aant':s:. damages- s�_isrt.-thee."`I:.t�em3.zat4a:...cxf'�: smash JETE K. SHIPMA At rney for Claimant I 3006-A I i i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Broyles v. Contra Costa County THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real'; and personal, on or about February 17 through February 20, 1986; inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa' County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. zrw additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3006-A (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; i i ° r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. i re: Broyles v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; ( 1) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. i I i f I AMENDED ELM XWO Or !Dt'"rium er cam OWA axe Claim Wtwt the Dminty, or bletriet VM(X 20 CLLU 1 T June 17 , 1986 governrd by the so" of SupwTis"t 'fie a" d a e v L u ed to is hooting VSorsemente, and lbard wtice or the nation taken to �' a�3P" s bf t Act i oo. All Section refarrnm are 3loard of &vwwdsors VWVS UO IT& by a►t% to Cali rami a Gove:mwent Codes slim Pxsuent to Qo»naoenL bode asouce !t3 SM 915.4. !Aerie note all eitaroiiA/M'. Clataants Mary Jane Broyles Atteorwly! Jeanette K. Shipman Sterns , Smith, Walker & Grell 0 Address: 280 Utah Street San Francisco, CA 94103 Hand delivered ft et! $1, 000, 000. 00+000. 00+ By delLVW7 to mark m may 28- 1986 Date Xeosiwd! May 28 , 198 6 . !!y aril I postaarlosd an 7 PW: --Mork of M IRR of YupeFgaws lot y Attached is a copy of the above-noted claim. Iated! –June 2 . RM DATOMA I Clerk. sy ath wles M. M, COMEY Coursel(Check only one) ! Mork a } Ibis claim Complies substantially with Section* 410 and 410.2. { } 'ibis Clain, FAILS to damply substantially with Sections 910 and 410,29 and we aro so oatifying claimant. The Hoard oannot act for 15 days (Seotion 410.5)« { } Claim is not timely fired. Clerk should return claim to ground that it No njod late and send warnsof Ciaimantfs riot to apply for leave to present a late elms (Section { } pts•! Gated: wy COMEY III. M& Clerk of the NZArd 701 CO G*nty CIoWssel. (2) County Administrator { } Claim w retWm*d as. untisely with notice to claimant G4eeticn I9. QILiR � wanimin vote cd Supervisors present {�d !leis nTa�mtits re, ectad in me { } Othws i y aha s is a U—ww oorreet Dopy 111mites tar this date. Dated! AW1 7 MR ARIL &VOE AR, Clerk, Dy A-id ° Deputy Utak aub�sot to certain esaoe�c�� (Gorr, Oade �rarticn '�3) mtioe was personally served or depositteed in the wil to file 0ourt oteioo� thU Maim. ase ds Goverment CQSwum 945.6, tbda TOU nay seek the advice of an attornrry of low choice in eotfrNieticn With tlsis SWIM. . It ?ou want to consult an attarney. 7OU shmdd do so taeeediataly, T. ncm, Clerk or the board W1 Q} ftoty Uounse2 p (2) Ownty Administrator Attached are eopim of the abm elatm. We notified the claimant at the board's notion on this claim by calling a copy of this dot and a asioa thereof Ana 6MM filed arab endorsed m the board's copy at this p,� in aooartianse vitt mention 28703. ( ) 1 rarztlrtrg or alaiaantts ri�it to �y �. l to t a Arts claim vas nailed to Diaiasat. JAL kTIDl_AURA 1q !BIL *AT�I=, Mork. bar ,1j, . Dafltttt Clerk CLAIM FOR PERSONAL !INJURIES, PROPERTY DAMAGE AND EQUITABL LLIEF Government Code, Section 910, et se re: Broyles v. Contra Costa County RECEIVED + r f,.W dt 1986 TO: Contra Costa County 1 1.0OP.M. .Clerk of the Board PHIL BATCHELOR (111K 80 op D OF SUPE I ORS 651 Pine Street B co COSTA D qwtt Room 106 Martinez, CA 914553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1 . The name and post office address of the claimant is: Mary Jane Broyles 906 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 906 Randy Lane, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANET Attor for Clai nt 3006-B I i i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITA13LE- RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM i Claimant sustainedphysical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 19861inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control, repair and remove debris from :Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and , constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; h (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from Future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; C - , i ' I (f ) ' Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from ,the fear for personal safety and, the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physicaliand emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i i I I i `i i I i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Broyles v. Contra Costa County TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Mary Jane Broyles 906 Randy Lane obu San Pablo, CA '94806 2. The address to which notices are to be sent is: RECEIVE Jeanette K. Shipman LAW OFFICES of MAY\(,e 1986 STERNS, SMITH, WALKER & GRELL 280 Utah Street PHIL AT HELOR BOAR SUPERVI QRS San Francisco, CA 94103 CL ONTR co .. ... 8" 3. The circumstances which give rise to this claim occurr on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is 'attached hereto. May 13, 1986 N -- ------ --- -- JE TTEK. SHIP I At orney for Claimant 3006-B i CLAIM FOR PERSONAL! INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, .Section 910, et seq. re: Broyles v. Contra Costa County , THE BASIS OF THE CLAIM i Claimant sustained physical and emotional injuries and property damage, both realand personal, on or about February 17 through February 20, 1986', inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: i (a) Contra Costa' County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including, acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense;. 3006-B (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Broyles v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for .the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity;, (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. i c i A/tT AMENDED - - \ 4 tEarLs Cr tam Ctl!!!'i�Wwma 9&ZEF1 Mais deet tee Winty• or bi;wriest ooj7 C io Q.k ! ,dune 17 , 1986 the Board of %P*r'vi , ���sd toto � 11out ng *W-4s of 't2r�e aat� draw GD No 601W �� is� and )bard Action. All Section refarano",, I" 3 given ci' �� Garaimmt C� Se�auce �3 to Cal i farm i Qooarnment Codas snd 915.4. tIeass note all aifaroiw e aimantsW" Ruby J. Brown .. JUN Jeanette K. Shipman At 171 Sterns , Smith, Walker & Grell 3 Ig�� •ddrust 280 Utah. Street San Francisco , CA 94103 Hand delivered mints $1, 600, 000. 00+ * delivw7 to elark an May 29, 1996 i,�„r.� Sate Saoeived: May 28 , 1986 By mail, postuariosd o0 eek the o Pe ms`s = y utacbed is a copy of the above-noted alar• . Stteds lune 2 . 198.6—PM UTCHE", C'W*, ay 4aAth K w es = Y Camel s jaurk or u* Board i7saparvLe" (Check only ane) This claim oamplies substantially with 9actioas 9110 and ( This claim TAns to damply substantially with Sections 9l0 and 910.29 and We sins so notifying alaimannt. The Hoard oannot act for 15 days (Sectim 910.4). ( ) Main is not timely filed. Clerk shmildretur n 02 ID gn A that Itp� Was a lets w lite and send wwmim of o2ai�mant's rimtto pplYfor to oasis (Section 411.3). ( overs Dftoated: SY# �it-C P' y ty 1 IZI. nw: qwk of the Hoard 708 (1) County Cassel, (2) County Administrator ( Main was reversed as untlmly with Notice to claimant (Sactioa 911.3)• tv. unanimous vote cf Supe'* mat This cIal= reJectad is full. ( Othors Dart y Uat this Is a true correct copy s-*.der-6—nUQ In its minutes fs date. hated: 1 T17 "M BATC11iOt, Meaft Dye " . U*P*y Mark VAN= (WT. Cods Sactian 913) "Jed to oertain axe ptions s Tw be" only sin (6) monUS ltwa the date a! MA aotioe w3 pwwn&ny sw-Ted or deposited in the nail to file a ocwrt action on Ms stain. Sea Cofercmant Code Sactim 9115.6. Tau my seek the advice cf an attamey of Tar obaioe in omraic ton With this latter. It you Ment to convat an atto - ys Tou &*=dd do so immediately. . t. 1r1 ms Mark of the Board Vt (1) Owety Cove d s (2) Cminty ! miaistrator Attached are copies of the above elal s. We notified else olaiasnt of the baard•s action an this claim bT mailing a copy ct this doo meats and a new thence leas been tiled and endorsed m the board's copy CC this Mtim in frith Seretien "703- C t earnin{yg c t� claimant's right to apply tw Sea to mumint, a late olais No Wailed PM NAMM aR. Mark. Or www. �� w.� ���, 1lsteut• (n ork i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, eLJ Lw t e . re: Brown v. Contra ! Costa County RECEIVED i + TO: Contra Costa County MAY a 8 1986 Clerk of the Board I,Up PHIL lATCHELORIOR 651 Pine Street LEAK 6 D Of SUtEIVISORS Room 106 s c Cosi A D Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq, of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Ruby J. Brown 2190 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 2190 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JERN TE K. S�—HIPWAN Attorney for Claimant 3001-A i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real a'nd personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design , require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; A (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant 's family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i I i i i or i i CLAIM FOR PERSONAL INJURIES,_ PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Brown v. ContrailCosta County I + TO: Contra Costa County Clerk of the Board 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code ofthe State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claim t i Ruby J. Brown 2190 Giant Road San Pablo, CA 94806 REC IVSD 2. The address to which notices are to be sent MAY16 1986 Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, . WALKER & GRELL L KVHAR A CN PEawso 280 Utah Street c T STA s San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-18-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injurie , damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding The description of the claimant's damages is in the "Itemizat on of Damages" which is attached hereto. May 13, 1986 i J ETTE K. SH4am A torney for C 3001-A I` V i i CLAIM FOR PERSONAL ;INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Brown v. Contra Costa County I I.E. BASIS OF THE CLAIM i - Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986,1 inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: - (a) Contra Costa-County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the. nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited o diminution in value; loss of use, enjoyment and rents; repair expense, additional living,; moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment,' use and repair expense; (c) Expense of preventing further damage from future fl oding; (d) Expense for dlebris removal including reasonable com ensation for time of claimant and volunteer laborers; f I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF i Government Code, Section 910, et seq. re: Brown v. Contra Costa County (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal pro erty in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; ' (1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt I I i AMENDED vv\, LIN som A lri rNF FLM Cr CO cawf i KIM AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY _ Claim As W C__my OLor JWj�T�E CONSERVATI i Eis�r ne L, 1986 Bovercod by the Board of supertisors, Ilse o " or-we Wasimt mixed to your itautitsg n�dorsemerita, WA Board entice of the action tataats m 2oue' by tba Action. All section refarenar ere so" of Superdsors CParaF'ai+h r, baler), to California Gooernment Codas given prsuant to G*veronent Ood+ ao 113 end 915.6• Tease note all • Claimants James Aichele, a minor.. OWN Attciem: Jeanette K. Shipman N 0 31986 Stern, Smith, Walker & Grell ad IGL CA am Address 280 Utah Street San Francisco , CA 94103 Hand delivered - AwoUnts $1 , 000 ,000. 00+ By dell Vary to Clark 00 May 2 8 1986 nate 1e0e1wds May 28 , 1986 b9 maSl I Oster ked on-PM : ark of 57iFeFRaorli IN aZEY MZiO Attaebed is a copy of the above-noted claim. n nateds June 2 . 1986 PM BdZ'OMM, Clerk, by M.—Mi clounty ummal zut Mar Uw 1MLR yupimbore (Cheek only one) (x) lAis claim oamplieo substantially with Sections 110 end 110.2. ( !leis claim !'AII.S to *amply substantially with Sections 110 and 110.29 we am so notifying claimant. The Hoard cant act for 15 days (Section 110.4 . ( ) Claim is not timely filed. Clerk should retun claim on Pocasd that It vas lilt late and send warnir�$ of claimant's right to apply for leave to p %esant a lata Claim (Section 911.3). ( ) Othars Dated DePAY ty III. nM: Bark of the Board 201 (1) County Counsel, (2) Canty Adaitsi tzetor f ( Main vas retwood as untimely with natioe to Claimant (Section V0 3= almaaQ��t unanimous vote of Supervisors preaerst !less osaim'`is re3ected in full. ( Others i oertlrymt this Is a true im oorreat oo of Board's ees is minutes for this date. DaLeds N7 119gs "M UTCFLAR 9 Clerk. Bydo A` .I DepOty Qerk MARK= (Gov. 0066 botion 113) Odbject to owUln meptions, ?as !save only six (6) montba ft= the da of lois roti oe was AaQ'sonally served or deposited in the sail to file a court action this alms. nee OovarMwt Code Section 365.6. You MY seek the advi*6 of on attorney of Torr eAoioa in oorassetion ult I this gaiter. If fou want to consult On attos MY9 !ou should do on immediately. ♦. IMA Mwk or the ,Board 11Ds (1) 00usty oozes a l (2) County Aftla tar Attached are caps" cc the abo*e olatm. Ye notified the olaisant of 90ard's action on uls claim by sailing a copy of this doouewt, and a Mw then of 11"In filed and endorsed on the Boardts copy of this C in in t000raa With rection 03. ( A canning cc claiment*s right to @my ibr to olaiatat. lea to t w mailed u7=8 ol11A� z e � SITQOZOR I Clerk, � ,(,vw Ire D=ty Qerk , CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County Flood Control District i TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of' the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant is: James Aichele, ia minor By and Through a Guardian Ad Litem `� 2220 Giant Road San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is MAYA ��� Jeanette K. Shipman LAW OFFICES OF PHIS BATCH lOR STERNS, SMITH, WALKER & GRELL (�Ep" Acos co�soas 280 Utah Street By . .. ... . .. San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2220 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEAN TE K. SHI N Attorney for Claimant 3011-C i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM i Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control , repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; 1 ( ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; (1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt i i I ^ ~ i , .. . | , | . . . . . ' ' . ' CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF ' Government Code, Section 910, et seq � re: Aichele v. Contra Costa County Flood Control | + ct ! ` TO: Contra Costa County Flood Control District MIA& A 1986 Contra Costa County 651 Pine Street Room 106 PHIL BATCHEI CO A COSTA Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code o the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. ' 1 . The name and post office address of the claimant is: James Aichele, a minor, By and Through a Guardian Ad Litem 2200 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 0007 plus an amount, presently unknowni but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant 's damagesi i the ' It Damages" which is attached hereto. May 13, 1986 rtrney K. SHIPMA_for Claima,/t / i 3011-C | CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELItF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness. of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control,! repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including. but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment,; use and repair expense; 3011-C (c) Expense of preventing further damage from future flooding; r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt i -- -- Orwilsw aLww Q Cam fir! C !'i Clain wTwt the GMKy, or blitriet �(..�B 2,0 QST June 17 , 1986 er govned by the Board of �upsrTisors• 2be poppy ftaiment mixed to Is B0�' !touting Drksw0 ments, and Board Notice of the action takes an 2our a .sem bi t2ID Actim. All sectiOn rafarenoU VO Board of siprvisors O%rw4o 17* balowh to cal i rocas s Government codes : given pursuant to Goverment Code Section !43 - and 915.0• dense note all • A Clai�ntt James Aichele, ' a minor• '44ty AttarmyI Jeanette K. Shipman ��rN Sterns , Smith, Walker & Grell Addr ass 280 Utah Street San Francisco , CA 94103 Hand delivered Amounts $1 , 600, 000. 00+ Der delivwT to Clark on May 28 . 19 9 6 pate BOoeiwd: May 28 , 1986 sy Nail, poetmarked an . irk the of SYJWsods toi y Attached is a copy of the abovo-noted o3sia. baud: �June 2 . 19 8 E PFITC DATMN 9 Mark By nth K o les = cbmty commal TDs Mark W the Board CWr acre (Check only ane) (x1 7WO claim O®pliea Vubetantially with Sections 910 WId 910.2. Ileis Chem ??AILS to O®p1Y substantially With sections 9110 and 910.2, and We aPO so Notifying claimant. The Hoard cannot act tar 15 days GSeotiao 910.5). Claim is mot timely filed. Clerk shvuld return claim on VVund that it was tiled late and send warning of claimantts richt to apply for leave to present a late claim (Section 911.3). ( ) Others paled: G SY= put ty III. 2RQi: Clerk of the Board 70s (1) Corty Cassel, (2) County Adainistr&W • Clain was retwned as ontitely with notice to claimant (Section S1.3). V. Sow uranitrous Ate of Supervisors present Ibis olai= rejected is =0 t ) Others oerti y the this In a true iR Correct COPY Ofthe 's entered s moults for this date. gated:JUN17 1286 PIIL 2A'i'OELM, Clerk, Bhr n J.AAf ' • Duty Mark titglaM (Gov. 0060 Section 123) Dubject to cartain emoeptioas, you have only six (6) wnths trot the date of leis Dotioe was persusLly served or depaeited in the tail to file a OMS t notion ao tide alai-. See GcvarMwt Code Bianca 945.6. Tau my seek tae advice of 4M attmn of gar odoioe in oonrIan* Idth We ratter. If you want to omm at an atto=t lou Should do so iemediatatly. •. n(M' Clerk or tae Board IUs CO chesty Oo =tl• (2) Ooonty Administrator Attached are e0008 Of the above claim. We notified the olaitant of the Samoa action an this Claim by tailing a OOPY at this doerrmt, and a amo thereof ha, been filed and sedar•sed m the Board's oOPy of this Claim in a000rdarae with Section 29703. ( ) ��of olaiaant•o .riStt to Vgy r" lea to 7wt lata plait rias Nailed p1TID: _111th 1 9 �j NIL IYTQ�,OR O Mark, Byf Z - , nap 1 Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et se re: Aichele v. Contra Costa County RECEIVED TO: Contra Costa County 1986 Clerk of the Board 1:00 RA PHIL BATCHELOR 651 Pine Street LERK TR cos E v' Ojs Room 106 B Martinez, CA 94553 -D° ,, Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. . 1. The name and post office address of the claimant is: James Aichele, a minor By and Through a Guardian Ad Litem 2220 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2220 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 i JEANETTE K. SHIPMAN Attorney for Claimant I 3011-C CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLERELIF,F Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintaina dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; i (f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant ' s spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained ;as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity, ' (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n) Damages for other injuries which are not presently known. spablo.rpt I r. i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County `:651.amine :Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claima t is: James Aichele, a minor KrI A, By and Through a Guardian Ad Litum 2200 Giant Road RECEIVED San Pablo, CA 94806 2. The address to which notices are to be sent is. MAY 1( 1986 Jeanette K. Shipman LAW OFFICES OF PMA111 NEP ;t OAR F UPERLOR VIS S STERNS, SMITH, WALKER & GRELL MnoNTRA srn 280 Utah Street s San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 A ETTE K. SHIP orney for Claimant 3011-C I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County .'Claimant sn9tam4>p1 `? on1 }duces-.and -property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3011-C (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County &(.e) raria3 A z stef#Aw--.,tb :--_ 5dw-d. _ a :ms zdebr s-�nd -.-subsequent :cori`taai nat on, �radld .arid--iieoompos t on:=during the Xlood.:M d escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1 ) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt I I A.M_E. N. D E- D EWEOF ar ( X MTA ormrrtacm Main Ard nst the Casnty, or bistriot CE TD Q.t R June 17 , 1986 dove: by the Board of supertisome 2bt ow s am wed to you to !vu' itouting �,docsementoI and Board mottos of the eotien taken Cn yo�s try the Action. All Section refnose�sre Board of visors (Pari VI* IT# bslar)� w to California poverrursti: eent Codes St"M pant to GovexTa nt Cods swum 113 and 915. • tleLse note 1111 Claimants Sharon A. Aichele Attoeneys Jeanette K. Shipman Sterns , Smith, Walker & Grell es Addrs: 280 Utah Street as JUM 08 1 86 San Francisco , CA 94103 Hand delivered 4trp; , its $1 , 600, 000. 00+ By delivery to Clark an May 28 . 1986 �1. Date Beoaived: May 28 , 1986 By sail, postaarw an . ark BF the of SIPBYViDws lot amy Attached. is a copy of the above noted Class. Bateds June 2— 19986 PAIL PA70=011• Clark, By �M41� 11th ovules . : County camilL49ril sora (Check only am) (� This 03aim o®plies substantially with 99cticns 910 Wd 90.2. This claim fAn.S to oamply yubstarntially with Sections 910 and 910.29 and We are so notifying claimant. The Board owmt act for 15 days CSeetion 910.8). Maim is not timely filed. Clerk shocld return Claim on Pound that it w riled late and fend wwmin� of claimant's rix it to apply for leave to P%essnt a late claim (Section 911.3). Others bated: 7Y` Sy: --A-Z wt y ty III. !' Mt Clerk of the Board T'C: Cl) County Counsel l (2) County Administrator Mai- vas retwmed as u ntisely with notice to claimant (lection M1.9). V. Mw unanimous rte of Supervisors present ( This olaimhis refected in fuull. i Othars URi y that this Is a true aM correct Copy Board'sen is 111 for s date. hated: ALI7 IN !'HIL SA'TOMLZP 9 Mw*q By AAAA JALj � • �epaty Qerk 1UIl9= (QOv. cod. Scotian 943) S6.1eot to oertain esoeptims, lou have Cary six (6) sonths ft.= the elate or this botioe was personally served or deposited in the sail to t1le a court wtion on this alas-. Ase Govt Code Section 945.6. You My seek the advice at an attorney of yaw Choice in ocrheetion With this latter. If YOU rarnt to Consult Urn attw WY, !vu should do so bmsdiately. V. nMs Clerk of the Board 'm: (1) COUCty Cowlo (2) County Administrator Attachhed are Copies of the above claim. Ye notified the al isant CC the Board's action on this claim by sailing a copy of this doome3nts and a MGM thereof has bsen filed en'nd endccsed m the Board's aM of this Claim in acoordame with Bsetiotn 29703. ( I A ULMIIns Cf G�.*s not to apply rw Ica tot • clans fts sailed BITID: � Ut !�� IML UTOMLOR. Clerk, - ,t�A.. °' . Btvuty Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. qLJV, re: Aichele v. Contra Costa County RECEIVED TO: Contra Costa County f;!AY -�F 1986 Clerk of the Board I;OoP.01. 651 Pine Street PHIL BATCHELOR Room 106 LERK 1*ARD OF S ORS TRA COS . Deputy Martinez, CA 94553 B " Pursuant to the provisions of Section 910, et seq. of the Government Code of� the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Sharon A. Aichele 2220 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2220 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The. amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. May 27,' 1986 JEANETTtK K. SHIPMA Attorney for Claimant i 3011-B i . • s CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive , as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and .constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value ; loss of use , enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from Future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; . � r ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustainedjas a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; i (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt 4 ki CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County 651 Pine `S''tredt Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claims Sharon A. Aichele 2200 Giant Road RECEIVED San Pablo, CA 94806 2. The address to which notices are to be sent is MAY16 1986 Jeanette K. Shipman PHIL BA CH LOO LAW OFFICES OF /`CLERK TRAVTACVISO STERNS, SMITH, WALKER & GRELLer .. .. . .A . ...... 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 J N TTE K. SHIP t rney for Claimant i I 3011-B i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County C3 a asri .r a net ;phy a, .r art emot3-=,a3 Arq urlles. m d pr perty damage, both real and personal, on or about February 17 through February 20, 1986,, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa 'County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; ` (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, ; moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, iuse and repair expense; 3011-B (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; CLAIM FOR PERSONAL !INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Cont Ira Costa County j + yzYst3' 'iC , : s:=end mubsequient = W41ttami rat%on:,-m ua3ii r n rompus ian g=u# e . 003 .and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety ana the loss of and real and personal property in the event of future f l i oding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotiinal injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; I (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and i (n) Damages for other injuries which are not presently known. AME N D E D Cr Suponsw Cr COM MTA =yff- AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLO0g�D -�CONTTROL ASD-WATE CONSERVATI June 17 , 1986 Am Clain ASsinst the C�o=Y, Cr �istriv� or-wo ed to Is 2vne' governed by the Board of 'upervisacs, not cop! ioe of soutini �,sorsaments s and Board notice the sotim taken m B0e' ActieO. All B•ctton Mferanoas are board of awd— (pa� b r• balar�• to California Goverment Oodss �vr0 prsua:st to Qoeartment t9ode Maes 193 and 915.40 tlesm now all wwamtwpe Claisrats Sharon A. Ai thele 044 Attceasys Jeanette K. Shipman ✓14 Stern, Smith, Walker & Grell ,�3 Addres 280 Utah Street �9�6 s San Francisco, CA 94103 Hand delivered Awotst s $1 , 000 ,000 . 00+ By deli vet? to olrk ao May 2 8 _ 1986 y Date Beal vads May 28 , 1986 By mile Pnsbarw an . ark 530d of Ep—erviaws rot County ciam Attached is a copy of the above-noted elaia. Dateds June 2, 1986 !'M DATOELM• Qerka p9 sComfy cotinsal 701 Clark Of BOOM of ikkONTLe" (Check only one) 7lsis claim complies substantially With sections 910 seed 910.2. ji s claim TAIIS to comply substantially With Seeder IMO and 910.29 aesd Ms Gens go notifying claimant. roe Board oaru of act for 15 days (Section 910.$). Claim is not timely filed. Clerk should rets elms on rw d that it teas filed tate and send warnir of claimant's right to apply for leave to pre ant. t lata claim (Section 411.3). Dated: By: y ty III. FM: gsrk of the Board IN Cl) County Counsel 9 (2) County Abainistratar r ( ) Main tram retrned as untimely With notice to claimant (Sevum S1.9). IT. IDAMD a!DlAt unanimous vote of supervisors present O4 This elaiw4s reiecw in !till. ( ) Otlsee: uia-t this In a tave and oorreet Copy the is entered In=18 sdrastes for this date. Dated: 17 ACKS hili. sATOMAR I Mork I JAAA.1 Deputy Clark VAM MG (Goer. Code 9wtim IM3) subject to oertain escePtione I fou bave only all (6) months Dram the date or this tiotioe tun, pecswally served or deposited in the sail to file a amrt sotim oo thts Claim. see Gov61=e0t Code sevum 915.6. You may seek the advice of on atta may, cr lour Chola* in CarAc;tIon Witb this latter. It Pu rant to 0ourat an attorWv lou should do no iseeediately. V. "Ms Mork ed the hoard Ip: (1) Qastty Cam00l e (2) Winty Aftinistrater Attached are copies of the above claim. We notified the asaiaarit or the soar+des action an this claim by sailing a copy of this doeumeats and a memo thereof has been tiled and andal . m the DDard's copy of this Claim in vith 'eetim "703. ( A teaming cc c aiment•s Plot to wy ibr lea to t • . claim I" sailed to oiaiaaat. DAM JUN 1 9 1986 E31 NATOAMt s Qe k� D$Pttty Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimant` S,..r, Sharon A. Aichele _y 2220 Giant Road RECEIVED San Pablo, CA 94806 2. The address to which notices are to be sent is: MAY �Q�y Jeanette K. Shipman LAW OFFICES OF PHIL BATCHELOR STERNS, SMITH, WALKER & GRELL ERK I 00F PeR ISORS 280 Utah Streeter San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2220 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 1 ' JEANETTE K. SHIPMAN Attorney for Claimant 3011-B l f i i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; , (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real, property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; I i i I ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained 'as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant 's physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt I . . . ^ ' ^ ' . CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUJTABLE RELIEF Government Code, Section 910, et seq. trkl Ail La. re: Aic ele v. Contra Costa County Plood Control Dist ' + TO: Contra Costa County Flood Control District 41AY 14 986 Contra Costa County M00 P-rd- 651 Pine Street M4 5ATIJHELOR Room 106I Bk1j:; DO 5 01 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and- equitable relief from Contra Costa County Flood Control District. / . 1 . The name and Post office address of the claimant is: Sharon A. Aichele 2200 Giant R d San Pablo, CA \94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all pubIic employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant 's damages is in the " Itemization of Damages" which is attached hereto. May 131 1986 ! i --�----�-- � JE VNETTE K. S I f IN \ for [C�-�Vmant 7 | Attorney .~ � 3011-B / � S CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra CostaCounty Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and . defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise Liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; i 3011-B (c) Expense of preventing further damage from future flooding; i 1 I A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. i i i AMENDED OF a cam conA Ooll'Ti AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY MaIA ALD C� ONS;OLS 9TdE CONS ERVATIjTW�V June 1'7, 1986 11Sovwmed by the Baard of superriew"Mo so w" • 3omnent suled toto P _' or Routing lbdsawland d Board Notioe of tae MUM taken aD lois' bj t!o Acticc. All Section nferanoer W Bird of awww-w 0"Pso rO 6alvw)0 !o Califw%la Government Godes I Biean P"Ant to Goverment Code Seat 93 and 915.1. tleese note all +�iiarniop� � Maisents Shannon Aicheld, a minor cftu ft*jUte Att=Mgs Jeanette K. Shipman �9�6 Stern, Smith, Walker & Grell Address: 280 Utah Street San Francisco , CA 94103 Hand delivered Amounts $1 , 000 , 000. 00+ By deliwtq to clerk an Mav 28 S . 1986 nate Beoedwd: May 28 , 1936 By Mail. 2w ao ; vk Of pt sons 16t 95ZEY cama Attached is a copy of the above-noted alma. Bated: June 2, 1986 RM BATtIffiAR• G1e!'ic By L'1'�' : COMty OXMil Ws erk (Cheek only ane) ( 7liis claim oamplies substantially with Sectiorss 1A0 and OLD-2- ( TW9 claim (AILS to ocmply substantially with Seotioas JA0 WW 940.29 olid N ars so notifying claimant. The Board oarsnot act for 15 days (Section 910.8). ( Maim is not timely filed. Clerk should return claim on grmmd that it Was tUM late and send :rrrning of claimants• right to apply for leave to presestt a lots Claim (Section 911.3). Others _ - -- ---- — - Bated: By: PAY ty III. VIM: Clark of the Board 201 Cl) Cotky Covtssele (2) County Administrator r ( Main was returned as mtisely with notioe to Claimant (Section X1.3). I9. AitD Q'DER wan1notia Ate of 8uparrvisar• p-went Od !leis alaim'�i• re in full. ( ) Otaerr 11 Curti y that this in a true oorreot ago Board•a Or4ar-40--tered is ainvtes for this date. Dated: N "M BATCFffiAR, Clerk, By " . Deputy Mark YAMM (clow. Code Beotian 9l3) Aubjsot to owUln esoeptimm g you bave anly six (6) aontba fraa the date of tMa notice was PmwrAlY served ar deposited its the nail to file a cart totian on this alata. Be* Goverment Code 3*otim 915.6. Tau My seek the advioe of an attorney of your ohoioe in Calwotian With this Uttar. If you Want to 00nault an attor wY, you should do so lmwdiataly. T. nM: Clark of the Board JDs (1) Oounty ftSM21, (2) Coatsty Administrator AttabW are copies of the abm claim. Me notified the QjaizWt of the Boards action an this claim by nailing a copy of this d"A mt, and a neap thereof pas beep filed and andaraed m !Ae Board's appy of this Clain in a000rQwm with Bsetioo 2"03. ( A vwmina cd olaiaant•s right to nay !br snoSIMM t ws to t • late slain was a}tiled D�1rFa:� 9 Mt fit, KT=M Mark, �, � - Deputy Clerk t= CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post. office address of the claimant is: Shannon Aichele, a minor By and Through a Guardian Ad Litem 2220 Giant Road San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is M�� ��;7:. Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL BA SUPERVISOTRA C STA 280 Utah Street [ILEVAP0 l+!" San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2220 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 i JEANETTLe K. SHIPMAN Attorney for Claimant 3011-D . r CLAIM 'FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage , both real and personal , on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence , carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same , should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; j (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; I . h 1 4 ( f ) Emotional distress and other personal injuries sustained while , escaping from the floodwaters , mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense for medical services incurred in the treatment of claimant 's physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity, 4 (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known . spablo.rpt i � ' . ' CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seg., 6 4k ' | re: Aichele v. ContVa Costa County Flood Control D + TO: Contra Costa County Flood Control District MAY in. Contra Costa County 651 Fine Street HIL BATCHELOR Room 106 C VPA CO SUST Martinez, CA 94553 Off Depot Pursuant to the provisions of Section 910, et seq. of the Government Code of, the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Shannon Aichele, a minor By and Through a Guardian Ad Litem 2200 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant 's damages is in the " Itemization of Damages" which is attached hereto. May 13; 1986 ' JEAN i / | ± K. �H rn* ' A���`ney for Clai t � . 3011-D ' | | | / w __ CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control„repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3011-D (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt -- - or or Cam Cosa MOMI-, Clads tAsirat the County, or bistriet amcc y0 gAmjune 17 , 1986 tovwrrad by the Board of hsperrisGMe !!r eopy or-Ulm fimment 90110d tois z pouting its. and Board aotioe of the aotiao taken Cee !�' = by Action. All Section referanorr ars Board of supervisors VWVSra* tV- 6*10 9 to California Government Codes given pa+suant to Qovercment Code 386U s S3 and MA. !Tease hots all wwandwe C1a uffintt Shannon Aichele, a mingr Attoensy: Jeanette K. Shipman c1G Sterns , Smith, Walker & Grell •yO %tv Addreast 280 UtahStreet tp'J San Francisco , CA 94103 Hand delivered A� Amsats $1, 600, 000. 00+ '. By delivery to Clark 00 May 2 8 . 1986 Date Beosiwdt May 28 , 1986 By rile posluss-w an _-Clerk BF the o pt sods To& CREty-malwa Attacbed is a Copy of tae above-noted alals. 0 Datsdi RM NATOELOR, Clarke D9 LwkC.,cs _P9107 6th les s y a ark -Or the Board Or Supervisors (Check only one) (� This claim complies substantially with 3ect1CW 910 and 910.2. ( This Claim TAILS to ocmply substantially with 3ectiom 9:0 and 920.2, and we am so notifying claimant. The Hoard oarmDt act for 15 days (Section 9i0.0. ( Claim is not timely filed. Clerk should return claim on geared that it w tUW late and send warni $ of Claimant's right to apply for leave to prresact a late claim (Section 911.3). ( Other: Dateds - By% Put ty III. nM: Clerk of the Board Toa Cl) Canty Cowml, (2) County Administrator • ( Main wu returned as vntisely with notioe to claimant (Seetioo 911.3). I9. DDARD iRDI:R BY unanimous Ate of 9uparrisors present aa. 06 This olalm' L* rejected in !till. ( Ours certify Ust this Is a true correct copy en adm4m for this date. Dated: AUN 1._71986_ "M BATQE.OR, Cierc, 1 A400 1. a Deputy Rork VApQ M (GOT. Coda seatian 9i3) Dubjeot to certain ssoeptioea, you !save caly sis (6) montbo hvm U* data Cr tail notice was personally Served or deposited in the wail to file a oourt actian cc tail 61413. ase Cove =mt Code 3eatico 945.6. Tou my seek the advice of an attorney of potr oheios in oorsaeatIon with this astter. If you rant to Consult an attorney, yvu *04d60 so.bmIdiatyy. 1. "J: Clark,of the Board Tia Cl) Oasnty oogsela (2) Casaty Aftinistrator Attadsd ars Copies of the above claim. We notified the alaiasrat of the Board's aetion an this claim by mailing a copy of this dwMwt, and a Mw thereof W been tiled and soda ved an the Board's copy of this Claim in a000rdaaoe with 3ecticn 29703• ( ) A Varaing od GlAI3ant•s right to apply !br Ina to rv: claim w wailed 'i'ID:JUfto 91986liIIl. RUCM �M. Clark, Bhr 1."t" . Dtpt1t7 Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND .EQUITABLE RELIEF I Government Code, Section 910, et seq. re: Aichele v. Contra Costa County RECEIVED TO: Contra Costa County �. ►�� 0�8� Clerk of the Board iu, 651 Pine Street x:00 P,M. Room 106 LEEK BATCHELOR ARD OF PVISORS Martinez, CA 94553 a RA CO oc D ur Pursuant to the provisions of Section 910, - et seq. of the Government Code oftheState of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Shannon Aichele, a minor By and Through a Guardian Ad Litem 2220 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2220 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETTE K. SHIPMAN Attorney for Claimant I 3011-D I , I i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal , on or about February 17 through February 20, 1986, A nclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a) Said entity breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage , said entity knew or should have known , and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and , by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity was negligent or otherwise liable , including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property , including but not limited to the loss of enjoyment, use and repair expense ; (c) Expense of preventing further damage from future flooding ; (d ) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts ; i I ( f ) Emotional distress and other personal injuries sustained while 'escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; i ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt r CLAIM FOR PERSONAL ! INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County y + 1 Ar Ad -651 'Pane }`Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: , Shannon Aichele, a minor By and Through a Guardian Ad Litum 2200 Giant Road San Pablo, CA 94806 LEEI`IED 2. The address to which notices are to be sent I� 19E�Jeanette K. ShipmanLAW OFFICES OFaA CHELOn STERNS, SMITH, WALKER & GRELL ONT D F$UP VISORS280 Utah Street ........mmty San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13,Q1986 -gorney ---- -- - ------ -- I JE K. SH MA I A for Claimant 3011-D f t S I i I Ii CLAIM FOR PERSONALINJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County I + i C-aimant-�.�sasta °ned vphys cal-and 4emot mal injuries µend property damage, both real ;and personal, on or about February 17 through February 20, 1986,; inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra CostaCounty breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and.construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, ' moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3011-D (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; i i CLAIM FOR PERSONAL !INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County + 33 " ted :; .isequen ..contaminaiou .. mo3d==.and ._deoomposton- irur .. #e .Mood.-;and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of .and real and personal property in the event of future flooding; (g) Damages for the negligent or other infliction of emotional distress sustained, as a result of witnessing injury to claimant's family; (h) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (i) Compensation for loss of time from employment and loss of earning capacity; (j ) Attorneys' fees incurred in recovering damages and equitable relief for these losses; and maintain the creeks and other drainage systems to prevent future flooding; (k) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (1) Interest on expenses and damages; and (m) Damages for other injuries which are not presently known. spabclm.rpt i I AM_ENDED.__ _ . or Sum 10" Cr m'1 O�l1T ----- Maim Ag nst the County, or bistriet yMCg 70 Q.M June 17 , 1986 Bove: by the Hoard of 8upearlisars0 2 e copy ftf-gue—&bumentMued tots 1W Routing v1dwsements, and Board adios of the action taken on yar M 1W lbs Action. All Section rsfarenoes are Board of x4m visors owvg v ph ITe baler). to California GovwTo rlt Codes given P"uant to Government Code swum %3 and 915A. Please nate all 0 Malsants Chester G. Aichele Attcarusys Jeanette K. CAft, Sterns , Smith, Walker & Grell Address 280 Utah Street: .JUNE San Francisco , CA 94103 Hand delivered � . 4% 6 Amounts $1, 600, 000. 00+ By deli VW7 to clerk m May 2 8 19 8 PA 08 Date BeoeivW: May 28 , 1986 i By Milo post mw*ed on -Mork of 3rpirvlawors : NEU Attached is a copy of the above-noted o3ata. fated: -June 2- 19 s h M BAVIEMN a Clerk ath wl s . : c4unty Counsil 708 er sous (Check only one) (� 7Ais claim oomplies subotantially with Sections SILO and 310.2. ( This claim TA= to comply substantially with Sections 910 and It0.29 and We aro so notifying claimant. The Board oannot act for 15 days (Section 910.0. ( Claim is not timely filed. Clerk should return claim an gmmA that it was Ailed late and send warning of claimant's right to apply for leave to present a lata claim (Section 911.3). ( Other: fated: _ Byty 1 W. nM: Clerk of the Hoard 70s Cl) County t'mu el v (2) Casty Administrator r ( Maim was retwned as vntimely with notice to claimant (Section I9. BQARD l unanimous vote of Supervisors p4 sent This olain4is rejected in f1a1.1. ( ) oul rs ca: i y MT this Is a true correct COPY the 'a enrn 15� airs for this date. Dated: .iu�� 17 1986 RM UTOM.W Clark, �► . Deputy Clerk YARNDiG (Oov. Gods Swoon 913) 043e0t to certain esoeptians, you Lav* only sis (6) sonths Dram the date or this hobo0 was personally served or deposited in the Sell to file a court action m tis alma. see Gove =ent Code Section "5.6. You hay Seek the advice of an attaney of yaw choice in ocx>Ir>Iection With two rttmre if you want to amoult an attorney• you abotild do so immediately. T. nMi Clerk of the Board ms (l) OMOty OounSel, (2) County Administrator i Attached are capias of Vti above claim. Ve notified the olaimatnt of the Boa:d'a active on this claim by Wailing a copy of this doeum oto and a demo thereof has been filed Md endorsed on the Board'• copy of thio Claim in t000rbaaoe With section 29703• ( A Morning of elaiMntfs right to apply for lea to t a late chis Was holed nL O►TEN r yo19 6 PM *ATM=# Mork, By o ""Ppeputy Clerk r t M CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF `0117'..J Government Code, Section 910, et seq. re: Aichele v. Contra Costa County RECEIVED TO: Contra Costa County I AY as; 1986 Clerk of the Board 1100 P.M. PHIL BA HELOR 651 Pine StreetLERK80 DOF$UPP ISORS Room 106 9 CO COST D ' Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Chester G. Aichele 2220 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is: Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2220 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. I 5. The amount of damages claimed is $1, 000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant' s damages is in the "Itemization of Damages" which is attached hereto. I May 27, 1986 JEANEIPTIE K. SHIPMAN Attorney for Claimant i 3011-A i ( f ) , Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h ) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant 's family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; I (j ) Compensation for loss of time from employment and loss of earning capacity; , (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo .rpt i I • CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County 65=1 =Pine 'Street Room 106 Martinez, CA 914553 Pursuant to the provisions of Section 910, et seq. of the Government Code of. the State of California, claimant claims damages and equitable relief from Contra Costa County. 1. The name and post office address of the claimant is: Chester G. Aichele 2200 Giant Road San Pablo, CA 94805 ((���1V�V 2. The address to which notices are to be sent sTLEv Jeanette K. Shipman \U 1986 LAW OFFICES of MAY STERNS, SMITH, WALKER & GRELL 280 Utah Street PM41LB T� °RVISO San Francisco, CA 94103 CL ONTA Q.. ° v6ly 3. The circumstances which give rise to this claim occu d on FEB-17-1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 13, 1986 J?rney TT--E-K--.-S-HIP M A for Claimant 3011-A I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County dC1a3Ynant'wsustanedihpicalanti > mot%oral Sim j ur ;e andproPeY damage, -both real and personal, on or about February 17 through February 20, 1986,, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County and its agents, servants and employees as follows: (a) Contra Costa County breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; !011-A (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County dv fi sy �;-- deb!ris,end =subsequent '° anami�ton, ,:mold:$nd decomposition.. during- -the ?Flood:-and escape efforts; (f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. I I AME N D E D SrV D OF lvi sura tmn or AW wen Omm,GLIA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY --M Clain LQQD C_ ON�tbe j�L�AND_Wj�TQE CONSERVATI 1S g, June 1'7 , 1986 versed by the board of Su saA Tint ���ed to �e is �atr governed l�Drxsx�saoe us and o notice the action taken CDD 10W 'by abs Action. All Section referenow ars Board of Slspardwre (!'sra�rwh Two 6"), to ealiforma Qover r owt Nadas difan pasuant to 00veruaeest Cods nectiao 813 and I15.t. Please now all 99wntawfe Claiarnts Chester G. Aichele Attoroays Jeanette K. Shipman JUN Stern, Smith, Walker & Grell 1��6 Addrwss 280 Utah Street ft * San Francisca , CA 94103 Hand delivered Anowts $1,000 ,000. 00+ ft delivery to Clerk on May 28 . 1986 nate Heoadvsd: May 28 , 1986 By nail, "$toarioed an • PW: —Clork of the Board of pe sore : Y Maio • Attached is a copy of the abovre-acted claim. nateds June 2 , 1986 per. HATOMAR, Clerk, By • (awk way am) s Clark 6f jj� es 90011d cc ( } This claim aamplies substantially with Bootie= q10 and 310.2. ( } This Claim FAILS to Oamply substentially with Sectiam IMO and 910.2, arrd We art so aatifying claimant. The Hoard cannot act for 15 days (Section +310.8). ( } Claim is act timelY filed. Clerk should retura Claim en mad that It tram Bled late and send warning of claimants rtght to apply for leave to present a late 09&12 (,Section 9x.1.3). ( } Othars hated: R - Bye PAY tY tII. ARCMs Clerk of the Hoard 700 Cl) CC iMtY Coeslsel, (2) Comty Administrator r ( } Mals was returned as untimely with aotiee to Claimant (Section 9U.3)e I9. 30ARDQttiFA unanimous vote of Supervisors pe►aseat C4 This aim rejected in tall. C } Others - a'r't—Ify that s is a assn t copy or is ainutes for this date. Meds JON 17 12S rM HATCH .M 9 Clark, Ily • Way Cleric tUtR'NM (0ov. Code Seoticei 9113) IMbject to cartels exceptiosier, lou have Y vis (6) months frrca the data or this notice res Oa�ax11Y sarf�d or deposited in the axil to file a Court aot,Cm = this claim. Sea 0oterraent Code Saotioo 945.6. Tou BAY Seek the MvIae of an attocoay of �' d1ai •sitva oa'aleation with tlatter. tf rant to Consult attomep. You shadd do so iaaaediately. T. lHMI Clerk of the Board IND: CO CPJ*Y Cwwd ip (2) CWMtY Administratar Attached are COpie9 of the abm claim. We notified tareclaimant of the naard•s action an this Claim by sailing a Copy of this document, and a sacs thereof hay b"M d eodc�rsed cc the Hoards copy at this C3'4 'Lu with Srection Tiled an 29?03• ( ) A ��of e=lainart•s-M�t to �y �. � � t a Late &Lim tram WiledDrLTID: --- 1 10 1�I, NATOM0 9 Clerk, By LID' Y Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District.. 1 . The name and post office address of the claimant is: Chester G. Aichele , { ' 2220 Giant Road San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is: Jeanette K. Shipman MAY a 19? 3 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIL BAVCFUAPERVIS�O LO7 280 Utah Street ERK TRA San Francisco, CA 94103 is 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2220 Giant Road, San Pablo, California, and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1,000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant's damages is in the "Itemization of Damages" which is attached hereto. May 27, 1986 JEANETT K. SHIPMATV Attorney for Claimant 3011-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property , damage, both real and personal, on or about February 17 through February 20, 1986, . inclusive, as a direct result of the negligence, carelessness and recklessness of said entity and its agents , servants and employees as follows : (a ) Said entity breached its duty to maintain, control, repair and remove debris from ;Wildcat Creek, San Pablo Creek and San Pablo. Dam. Prior to said dates of damage , said entity knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks ; (b) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding ; (c) Said entity maintained and continues to maintain a nuisance due to the inadequacy of drainage , creeks and other drainage systems and, by its failure to maintain , control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance ; (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant . ITEMIZATION OF DAMAGES: (a ) Damage to real property, including but not limited to diminution in value ; loss of use, enjoyment and rents ; repair expense , additional living, moving and storage expense ; (b) Damage to personal property, including but not limited to the loss of enjoyment , use and repair expense ; (c) Expense of preventing further damage from future flooding; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers ; (e ) Personal injury caused by the floodwaters , mud, debris and subsequent contamination , mold and decomposition during the flood and escape efforts ; i f ( f ) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris , and from the fear for .personal safety and the loss of and real and personal property in the event of future flooding ; (g ) Loss of consortium of claimant 's spouse or partner due to physical and emotional injuries ; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant 's family; ( i ) Expense for medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding ; (m) Interest on expenses and damages ; and (n ) Damages for other injuries which are not presently known. spablo.rpt I ' - ' . ' CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF . - Government Code, Section 910, et seg. re: Aic6ele v. Contra Costa County Flood Control Di ' + TO: Contra Costa County Flood Control District 144Y IL less Contra Costa County 651 Pine Street PHIL BATCHELOR Room 106 ERVISMS Martinez, CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimant claims damages and equitable relief from Contra Costa County Flood Control District. 1 . The name and post office address of the claimant is: Chester G. Aichele 2200 Giant Road San Pablo, CA 94806 2. The address to which notices are to be sent is.. Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & SPELL 290 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on February 17, 1986 and are described in "The Basis of the Claim" which is attached hereto. 4. The names of all public employees causing the injuries, damages and losses are the agents, servants and employees of Contra Costa County Flood Control District whose names and identities are not presently known to claimant. 5. The amount of damages claimed is $1 , 000, 000, plus an amount, presently unknown, but believed to be several million dollars, for the repair of drainage systems to prevent future flooding. The description of the claimant 's damages is in the " Itemization of Damages" which is attached hereto. May 13, 1986 _ K. SHIPMAN A ey for Claima�� �-~~~ 3011-A � ' / ! CLAIM FOR PERSONAL INJURIES,. PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, both real and personal, on or about February 17 through February 20, 1986, inclusive, as a direct result of the negligence, carelessness and recklessness of Contra Costa County Flood Control District and its agents, servants and employees as follows: (a) Contra Costa County Flood Control District breached its duty to maintain, control, repair and remove debris from Wildcat Creek, San Pablo Creek and San Pablo Dam. Prior to said dates of damage, Contra Costa County Flood Control District knew or should have known, and had actual and constructive notice that San Pablo Creek and Wildcat Creek serve as a natural runoff and drainage system for water flow created by seasonal rains and had previously overflowed their banks; (b) Contra Costa County Flood Control District failed to develop, design, require or demand an adequate design and construction of a drainage system for residents in the City of San Pablo, and failed to warn of impending flooding; (c) Contra Costa County Flood Control District maintained and continues to maintain a nuisance due to the inadequacy of drainage, creeks and other drainage systems and, by its failure to maintain, control and repair same, should be compelled to compensate claimant for damages and to take all steps necessary to abate the nuisance; (d) By reason of the foregoing, Contra Costa County Flood Control District maintained and continues to maintain a dangerous and defective condition of its property; (e) Contra Costa County Flood Control District was negligent or otherwise liable, including acts and omissions which are presently unknown by the claimant. ITEMIZATION OF DAMAGES: (a) Damage to real property, including but not limited to diminution in value; loss of use, enjoyment and rents; repair expense, additional living, moving and storage expense; (b) Damage to personal property, including but not limited to the loss of enjoyment, use and repair expense; 3011-A (c) Expense of preventing further damage from future flooding; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Aichele v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers; (e) Personal injury caused by the floodwaters, mud, debris and subsequent contamination, mold and decomposition during the flood and escape efforts; ( f) Emotional distress and other personal injuries sustained while escaping from the floodwaters, mud and debris, and from the fear for personal safety and the loss of and real and personal property in the event of future flooding; (g) Loss of consortium of claimant's spouse or partner due to physical and emotional injuries; (h) Damages for the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant's family; (i) Expense for medical services incurred in the treatment of claimant's physical and emotional injuries; (j ) Compensation for loss of time from employment and loss of earning capacity; (k) Attorneys' fees incurred in recovering damages and equitable relief for these losses; (1 ) Equitable relief requiring the Contra Costa County Flood Control District to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages; and (n) Damages for other injuries which are not presently known. ,AMENDFD at wCT tow onset 0=17 m m June 17 , 1986 Qais Aa�inat the WJ nty, Or` bi&tr�fet c� !+D Q.ADrI�IY I0�► _ ttne Board of I psrds"t � OopY a!�'�6�fi��""-'iced � tam try as �overn�ad by notice of the action taken as !0'4:' baled Routing vdwwmrr:ts. and lkw'd eye "m OW%V Ob ITs � Action. All Ssctioa references ares tooGot Cods �iCD 143 to Califft-W& Government codeswmdmm� md 915.- -ewre note .a11 1eMam'sw*Wad Claisants Frank and Mona Bellecci" Coo* Attaessy►s SAY 3 0. 196 Addrsass 3 210 Elmqui s t Ct. harLd deliyered Auto"? Mar t.Mar t in e z, CA 9,4 5 5 3 By a4klid� orcaw* On -Mg9.9 A 19 A h.••—•-- Amm mts $2,474. 00 Ute load V kl: May 2 8, 1986 BY sail i Postses'ked ..._..._..._._. eek or the Beard-ofpe a" : Y Attached is a copy of the above-00W olein. , 30 1986 PMVATCHMUM By 9 C10*0 ��. Basted: �M �.....=�---- at mrCounty 06"- 01 e S t Clericorsae's • tQ ,c claiz complpl ies Bubo amtantially With Sections q.0 end X10.2. im Ibis 'Ibis olairo Y'JIII.S ���N�a ti�t with tat tome"15 days ions Gwd ic�n0�0.d?. we ops So Doti tying ai { j Gain is send � fiOfdata unt'sK�return Ply tori an to that it avu te� =i'�e and send ng orlaim OUction 911-3)- Others 11.3)- Ot ers OltteQ: 8Y putt' mmtf III. VM: .Clerk of the Board 70: (1) Cgsnty Cossisel, (2) County AftirdstratOr t M&sa Was returned as untisely With natiae: to claimant C-940CU n g11.SI. unanimous vote or supervisors present C'4 ?tiffs Ola= rejected in Lull. t Others Y the FIB- a true oo►rreot oopY the Boards vac to sd for this date, Vat 7 39§6 "m MTS H=g Mark, BY '' s Deputy Clerk UNDO (Gov. Mode Section 313) Subject to certain meptiaasI you Dave mly six t63 sonths Lean the elate at l.his Votioe Was pwwna2ly &erred or deposited in the nail to til* a oaart action Oa this claim. as Government Code So*Ucm 945.6+ ?au rt' seek the SMOGIC an attarnsy Ot Tour ecboias in Om . IaD With lois natter. it you want to ocnsult an attarmery, you sho:dd do so ieamediateelY. Now T. dears: Clerk ar the Board► IDs Cly Owilty oournsel, (2) owrtY Admiri.trstcr Attached are copies of the above O1ais. Ve aatified the Olaimsnt eat the Board's action an this maim by sailing a copy or this doeumentg and a on thereof bas bmm tiled wad acdcssed an the Board's oapY or this Claim In 2100ordanoe with 980tion 29T03- t � t tiarning or elaisatrit•a right to any !br lea to t late Olais seas eaail*d to alaismnt bA EDs .1tlN 1919$6 NM UTt �"Ms Clerk. Dir .wf, 1.,�, ,c° . . Der�ttY Glcrk Claim By: Frank C. and Mona H. Bellecci ADDENDUM 3. My 1982 G.M.C. Pick-up was stolen from my garage along with several personal items which were in the vehicle at the time Along with the personal items which I lost, I have also lost a considerable amount of income as a result of meeting with the Martinez Police, the Contra Costa County District Attorney's Office and my Insurance Agency. 4. Negligence on the part of the County Hospital Supervisors and staff to pro- vide adequate supervision and security allowed John Procunier to escape from "J" Ward unattended over an inadequate barrier. 6. The following personal Items were either missing from my vehicle or damaged beyond repair when I was allowed to inspect my vehicle. 1. Truck Tool Box $125.00 2. Nylon Jacket, Lined 45.00 3. Leather Driving Gloves, 2 Pairs 60.00 4. Sunglasses, 1 Pair 25.00 t n 5. 200' Surveyor' s Tape w/reel 280.00 6. 18 oz Plumb Bob 17.00 7. Surveyor's Hand level 45.00j� �CEIV�� 8. Spray Paint, 2 cans 8.00 1` 9. 8 lb Sledge Hammer 15.00 ! v :Jcb 1� 10. Assorted Nails, Shiners, Flagging, etc 15.00 11 . Leather Work Gloves, 1 Pair 9.00 a •`�S 12. Cotton Work Gloves, 2 Pairs 7.G0 PHtL TCHEIOR 0 Rp UPERV14ORS 13. Vanity Mirror 3.00 c . .. . . . .... 654.00 Loss of Income as a result of this Incident 2-13-86 4 Hours - Notified by the Police, Filing of Report, Inspection 2-17-86 3 Hours - Meeting with Insurance Company, Preliminary Vehicle Claim 2-20-86 3 Hours - Meeting with Insurance Company, Final Settlement 3-18-86 4 Hours - Preliminary Court Appearance 6-10-86 4 Hours - Court Appearance For Trial (Anticipated) 18 Hours - Hourly rate as Billed out $90 = $1820 TOTAL LOSS $2474 Vehicle Loss not claimed. i I I .CLTO: .BOARD OF SUPERVISORS OF CONTRA CO§ nri4*NXapplication to: Instructions to ClaimantVerkottheBoard i P, a s4/ bio 6 Martinez,California 94553 :A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented " .- not later than the 100th day after the accrual of the cause of , `action. Claims relating to any other cause of action must be '- presented not later than one year after the accrual of the •cause of action. (Sec. �911. 2, Govt. Code) i .B. • Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651. Pine Street, Martinez , !California 94553. i 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. . i E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. ` RE: _. Claim by )Reserved f ' amps Frank C. and Mona H. Bellecci � RE ED Against the COUNTY OF CONTRA COSTA) MAY 61986 Il BAT OR �bJ4)((Merrithew Memorial Hospital0%K=J(t1)f4 CL ARao @RV180 (Fill in name ) TRA A `j�C The undersigned claimant hereby makes claim against the Co ty of Contra Costa or the above-named District in the sum of $ .2474.00 and in support of this claim represents as follows: ------------------------------------------------------------------- ---- 1. When did the damage or injury occur? (Give exact date and houry February 13, 1986, 11;00 AM 2. Where did the damage or injury occur? (Include city and county) Martinez, Ca. County Costa County -T-------...----• -------------------------------�--------.�T---------�...-�.-- 3. How did the damage or , injury occur? (Give full details, use extra sheets if required) SEE ADDENDUM I i ------------------------------------------------------------ ------ 4. What particular act or omission on the part of county or-district----- officers , servants or employees caused the injury or damage? SEE ADDENDUM (over) I i Claim By: Frank C1. and Mona H.' Bellecci ADDENDUM i 3. My 1982 G.M.C. Pickup was stolen from my garage along with several personal items which were in thelvehicle at the time Along with the personal items which 1 lost, I have also lost a considerable amount of income as a result of meeting with the Martinez Police, the Contra Costa County District Attorney's Office and my Insurance Agency. 4. Negligence on the part of the County Hospital Supervisors and staff to pro- vide adequate supervision and security allowed John Procunier to escape from "J" Ward unattended over an inadequate barrier. 6. The following personal Items were either missing from my vehicle or damaged beyond repair when I was allowed to inspect my vehicle. 1. Truck Tool Box , $125.00 2. Nylon Jacket, Lined 45.00 3. Leather Driving Gloves, 2 Pairs 60.00 4. Sunglasses, 1 Pair i 25.00 5. 200' Surveyor's Tape w/reel 280.00 6. 18 oz Plumb Bobi 17.00 7.., Surveyor's Hand level 45.00 8. Spray Paint, 2 cans 8.00 9. 8 lb Sledge Hammer 15.00 10. Assorted Nails, ' Shiners, Flagging, etc 15.00 11. Leather Work Gloves, 1 Pair 9.00 12. Cotton Work Gloves, 2 Pairs 7.00 13. Vanity Mirror 3.00 _ 654.00 Loss of Income as a result of this Incident 2-13-86 4 Hours - Notified by the Police, Filing of Report, Inspection 2-17-86 3 Hours - Meeting with Insurance Company, Preliminary Vehicle Claim 2-20-86 3 Hours - Meeting with Insurance Company, Final Settlement 3-18-86 4 Hours - Preliminary Court Appearance 6-10-86 4 Hours - Court Appearance For Trial (Anticipated) 18 Hours - Hourly rate as Billed out $90 = $1820 TOTAL LOSS $2474 Vehicle Loss not claimed. i i I I� I i l BELLECCI & ASSOCIATES CIVIL ENGINEERS • LAND SURVEYORS 1820 GALCINDO ST. • SUITE 220 CONCORD. CA 94520 14151 6854569 i JANUARY 1, 1986 TIME AND MATERIALS HOURLY RATE SCHEDULE I� Principal y $ 90 . i Senior Design Engineer $ 70 Associate Designer $ 55 Junior Design Engineer $ 40 Senior Draftsman $ 46 Junior Draftsman $ 35 Land Planning $ 50 Clerical $ 20 2-Man Survey Party $110 3-Man Survey Party $145 i I ... � � _ d tet',-''r� � ,�•. PLUMB BOBS ! Designed for the Engineer and Survey(?r—noted for y: accuracy and long service—SERVCO plumb bobs have become the standard of quality. No. 1010 10-ounce.............. ! ................... Ea. No. 1012 12-ounce.............. ! ................... Ea. No. 1014 14-ounce.......... ............ Ea. NO. 1015 � ,, No. 1016 No. 1016 16-ounce.............. ..............:.... Ea. No. 1018 18-ounce.............. { ................... Ea. No. 1024 24-ounce.............. i ................... Ea. , No. 1032 32-ounce.............. ................... Ea. No. 1025 Extra points. 10 oz through 24 oz................. Ea. .. No. 1026 Extra caps, brass, holds extra)point................. Ea. No. 1027 Extra caps, black, old style..i..................... Ea. No. 1034 Extra points for 32-oz.... .................... Ea. t No. 1035 Extra cap for 32-oz..................... .... Ea. '. No. 11050 No. 1053 i PLUMB BOB SCABBARDS These plumb bob scabbards are made of the finest leather, hand sewn and riveted. Equipped with slots at the top for easy attachment to the belt, and provided with a special loop to prevent the bob from failing out of the sheath. No. 1011 Sheath for 10- or 12-ez. Bobs.................... Ea. No. 1015 Sheath for 14- or 15-oz. Bobs.................... Ea. No. 1019 Sheath for 18- or 24-oz. Bobs.................... Ea. No. 1033 Sheath for 32-oz. Bobs.... ..................... Ea. PLUMB BOB TARGETS No. 1054 METAL Made of light metal,oval-shaped; 4" long x 2"wide, weight approximately t ounce.Attached to string through No. 1055 slots which are in line with division on face of target. j No. 1050 Metal Plumb Bob Target......................... Ea. I PLASTIC p,...._.. ...__ SERVCO plastic plumb bob target, rectangular shape, with rounded corners. New large size 4"long x 2"wide. Slotted to attach to plumb bob string. No. 1053 Target.............. . ........... .... . Ea. No. 1057 PRESSURE SENSITIVE Peel and stick pressure sensitive targets are real timesavers.Just peel off the paper backing and apply to any surface.Targets have red and white quadrants. No. 1054 4" x 4" Target- vinyl .. ..................... Ea. No. 1051 No. 1052 No. 1055 8"x 8" Target- vinyl... ..................... Ea. No. 1056 2131/2" Target- paper. ................ Pkg. of 25, Na 1057 51/41 12'/e"Target- paper .................. Pkg. of 10 TRANSLUCENT PLASTIC SERVCO laminated vinyl plastic target,4"x 2'/2",in black and translucent yellow-orange.Target design compat- PAPER ible with modern instrument reticle patterns. Special Paper targets(sight cards) printed on special "rain- construction insures that color will never become dull proof" card stock, with brilliant red alternate squares. or wear off. Notched and slotted to attach to plumb Punched with two holes for attaching to plumb line. bob string. No. 1051 Sight Cards, 21314" . ................... Per 100 No. 1052 Target...................................... Ea. j SECTION B PRICE. GUIDE SUPPLEMENT 10/1/82 PAGE B-2 PAGE B-6(Cont'd) PAGE 8-13 1010 ................................. DISC 4 2134................................. $5.00 3300 thru 3306,,................,.. $32,00 1011 ................................ $5.00 2135..•. 6.00 3310 thru 3316....................... 32.00 1012 ................................ 10.80 2136................................... 8.50 3320 thru 3326....................... 32.00 1014 ................................ 11.70 2137................................... 7.00 PAGE B-14 1015.................................. 5.50 i 2138.................................. 11.00 4005 thru 4007..................... $95.00 1016 ................................ 12.30 2139.................................. 17.00 4003&4008.......................... 25.00 1018 ................................ 13.70 2140..................I....I........... 23.00 4014,4022 and 4027................. DISC 1019.................................. 6.50 2141 ................................... 1.50 4010 thru 4012....................... 32.00 1024 ................................ 18.80 - 2142................................... 7.90 4095.................................. 25.00 1025 .................................. 1.00 2143................................... 1.50 4020 ................................ 130.00 1026.................................. 1.30 PAGE B-7 4021.................................. 49.00 1027 ......................DISCONTINUED ` 2180 thru 2196&2200 thru 2205.... $7.00 4025 ................................ 130.00 1032 ................................ 31.00 2210................................... 5.70 4026.................................. 49.00 1033 .................................. 7.50 ` 2220 thru 2226.......................... .95 4016.................................. 95.00 1034 .................................. 2.50 2230 thru 2242 ........................ 4.30 4017.................................. 32.00 1035 .................................. 2.40 2245.................................. 15.00 PAGE B-15 1050................................. DISC 2246.................................. 30.00 4060.................................. DISC 1051 ..................................:. 2.70 PAGE B-8 4080 .............................. $ 110.75 1052 .................................. 1.40 2300 (Specify Color)................. $1.60 4081.................................. 74.75 1053 .................................. 1.00 2320 (Specify Color)................... 1.85 4082.................................. 93.75 1054 ................................... .72 2330-W................................ 8.00 4083 ................................ 125.75 1055.................................. 1.00 2340-W.........................I..... 12.00 4084 ................................ 177.75 1056.................................. 2.50 2350-W............................... 14.00 4085 ................................ 209.75 1057.................................. 6.50 2370................................... 7.30 4086 ................................ 110.75 PAGE B-3 2375................................... 6.00 4087.................................. 74.75 1060 ................................ $4.95 2376.................................. 75.00 4088................................... 93.75 1061 .................................. 2.40 PAGE B-9 4089 ................................ 125.75 1070 thru 1073........................ 2.70 2400 (Specify Color)................. $6.15 4090 ................................ 110.75 1090 thru 1092........................ 9.95 2410 (Specify Color)................... 6.60 4091 ................................ 125.75 1094 thru 1096........................ 2.25 2420 (Specify Color)................... 6.85 4092.................................. 98.75 PAGE B-4 2430 (Specify Color)................... 7.15 4093 ................................ 143.75 2000................................. DISC 2450 thru 2454 ........................ 4.20 4095.................................. 25.00 2002 ................................ $4.50 3012................................... 3.90 4096.................................. 20.00 2010.................................. 4.80 3018................................... 5.75 4097 35'Fiberglass Rod-Inches.... 177.75 2020.................................. 8.00 3028.................................. 12.00 4098 45'Fiberglass Rod-Inches....209.75 2021 .................................. 9.00 PAGE B-10 4070 (8073-47) LIETZ/SK Fiberglass 2022.................................. 9.50 3040 .............................. $ 160.00 Oval Rod,Engineers.......... 125.00 s 2023 ................................ 10.00 3050 ................................ 165.00 4075 (8073-57) LIETZ/SK Fiberglass 2024 ................................ 11.00 3041 ................................. 110.00 Oval Rod,Metric.............. 125.00 2030 .................................. 2.00. 3042.................................... 4.50 PAGE B-.16 2031 .................................. 2.20 3043.................................. 52.00 4100 .............................. $110.00 2040 .................................. 3.50 3053.................................. 62.00 4101 &4102........................ 105.00 2041 .................................. 4.35 3055.................................. 18.75 4105 ................................ 120.OQ 2042 .................................. 8.00 3060................................. 75.00 4106&4107 ........................ 115.00• 2043 ................................ 10.70 3061.................................. 45.00 4108 ................................ 105.00 2044 ................................ 12.50 3062................... 4.00 4109 ................................ 110.00 2045 ................................ 15.75 3063.................................. 25.00 4111 &4112.......................... 21.00 2062 ... 3.00 3070.................................. 20.00 4116.................................. 23.00.............. 2064 .................................... .45 3080.................................. 12.00 4117.................. .. 23.00 2066 .................................... .65 PAGE B-11 4118.................................. 21.00 2068 .................................... .70 3110................................. $5.00 4119..:............................... 23.00 2075................................... 1.40 3115.................................. 15.00 4110.................................. 23.00 2088 (2,500 Bulk Shiners).......... 110.00 3120.................................. 85.00 4115.................................. DISC 2089................................... 5.50 3125.................................. 75.00 PAGE B-17 2090.................................. 26.50 3210 thru 3213 ........................ 6.50 4150 .............................. $ 115.00 2091................................... 4.50 3214................................... 2.50 4151,4152,&4160 ................. 110.00 2092.................................. 22.50 3217................................... 3.25 4154 Use#4171...................... DISC 2005 (NIC)Surveyors Tac-Ball........ 2.50 3215................................... 4.95 4155 Use#4172...................... DISC PAGE B-5 3216&3220........................... 2.00 4161.................................. 30.00 2100................................ $ 12.00 3221 Lg.WILD Swiss Army Knife..... 24.95 4162.................................. 38.00 2101 &2102.......................... 15.00 3222 Small WILD Swiss Army Knife....16.95 4153.................................. 24.00 2103&2104.......................... 20.00 PAGE-12 4156&4157.......................... 28.00 2110&2111.......................... DISC 3250 thru 3252..................... $11.00 4163.................................. 28.00 2120.................................. 14.00 3253.................................. 12.00 4170 ................................ 165.00 2121.................................. 15.00 3260 thru 3262....................... 11.50 4173.................................. 30.00 2122.................................. 17.50 3263.................................. 12.50 4171.................................. 33.00 2125 INIQCopperweld Markers-18"....7.80 3270thru 3272....................... 21.00 4172.................................. 39.00 2126 (NIC)Copperweld Markers-24"....8.50 4 3280................................... 8.50 PAGE B-6 ;3285.................................. 11.00 2130..................................$2.00 1 2131 ................................... 3.20 2132.......:............................ 2.75 2133................................... 4.00 s i -4- Super Hi-way n+ubian { I .025"thick,special analysis steel. Railroad half-gage mark is 7 41"from zero end. The 09100 line has a blank space at each end. The first and last foot of each 100'length is graduated to Aths and Thths of feet; `F! 08100 the balance is graduated every foot. The 09100A line begins and ends measurement at extreme outer ends of clips;first and last foot of each 100'length is graduated to `s A the and ria the of feet. Balance is marked every foot. y 09100A The 09100B,09200B and 093008 lines have a blank space at n 1 each end. Extra foot before zero is graduated right to left T�ths and Thths. Balance is marked every foot except last foot of each k1 09100B,09200B, 093008 1 100 length,which is in 100ths of feet. F. ne ti Cat. N/s '� Weight Reqd. No. No. "X, Ib/kg Reel 09100 45541 4'x 100' 21/1.02 31-100 } 09100A 45542 4'x 100' 2}/1.02 31-100 091008 45543 A'x 100' 2}11.02 31-100 092008 45546 h'x200' 4/1.80 31-200 or 61-200 093008 45559 +}'x300' 6/2.72 31-300 or 61-300 I Pioneer chrome clad d Lightweight and easy to handle. }"/6mm wide and.020"thick. Catenary problems are minimized. This line has blank space at each end and an extra foot before : 1 zero graduated right to left to liths and Thths of feet. Balance graduated every foot except last foot of each 100'length is in Tkaths. .1 Railroad half-gage mark 7 4}"from zero end. 005100B, 005200B, 0053008, 005500B Line •�©/\ Cat. N1S :� 1.--1-1 Weight Regd. No. No. 'x' Ib/kg Reel 005100B 45490 1'x 100' 1}/.68 31.100 0052008 45494 }'x 200' 3/1.36 31-200 or 61-200 005300B 45496 }'x300' 4}/2.04 31-300 or 61-300 Pioneer nubian 705500-30G—first 30 feet graduated in feet,Aths and Thths of - �� R ; feet, instantaneous reading.05066A is graduated in links and 05500-30G poles(rods)with end links in T'dths of link. 05100B,052008,053008 and 05500B lines have blank space D D at each end and an extra foot before zero graduated right to left 05066A to-f�ths and Thths of feet. Balance graduated every foot except last foot of each 100'length is in Thths. Railroad half-gage mark 111-11 74}"from zero end. 051008, 05200B, 0530013, 055008 05100M has metric graduations.The first and last decimeters are graduated in millimeters. The balance of the first and last �© meter is graduated in centimeters with the balance of the line graduated in decimeters.Available in 30, 50 and 100 � metric.lengths. M011111111111 111111111 fit III ,u lIII{uulrIII{uulu 1 1111118 Cat. NIS Weight BKO. No. No. '/mm x'/m Ib/kg Reel 05500-30G 45499 }'x 500' 7/3.17 61-500 05066A 45485 }'x I00'tinks 11/.57 31-100 051008 45488 1'x 100' 11/.68 31-100 032009 464113 i;'x 200' 311,36 31.200 of 61.200 a 05300B 45495 }'x 300' 44/2.04 31-350 or 61-300 055008 46498 1'x 500' 7/3.17 51.500 05100M 45489 6mm x 30m 1j/.68 31.100 3 � Lufkin 317 SECTION C PRICE GUIDE SUPPLEMENT 3/1/82 Catalog Catalog Catalog Catalog Na Pg.No. Uat Catalog No. Pg.No. list Catalog No. Pg.No. fiat OC1286.........26...... ... $56.85 1295S/590 .....20...... ... $133.25 04328M.........NIC....... $333.45 C1286D.......:.36...... ..... 98.70 01295S/590....20...... ..... 81.90 05066A.........30............ 58.80 OC1286D .......26...... ..... 56.85 C1295S/590....19...... .... 154.55 051008.........30............ 63.70 1286ME ........ NIC .... .... 106.31 OC1295S/590. 19...... .... 105.85 5100M..........NIC......... 112.50 01286ME....... NIC .... ..... 58.30 C1 296S/590....19...... .... 218.40 05100M.........30............ 83.80 1287ME ........ NIC .... .... 153.40 OC1296S/590 19........... 126.45 0051008 .......30........... 105.50 01287ME.......NIC .... ..... 85.90 1296SM/590 ...NIC......... 165.20 05165T.........31........... 196.00 C1288 ..........26,33... .... 212.55 01296SM/590 20........... 102.70 052008.........30........... 116.70 OC1288.........26...... .... 150.85 C1296SM/590. NIC......... 204.10 005200B .......30........... 201.30 1290S/590 .....20...... ..... 86.70 OC1296SM/590.NIC......... 116.05 05300B.........30........... 178.20 01290S/590....20...... ..... 39.60 1296SME/590. 20.:......... 193.80 0053008 .......30............294.25 C1 290S/590....19...... •••• 98.4O 01296SME/590.20........... 178.00 05500B.........30............340.25 OC1290S/590. 19...... ..... 51.20 C1296SME/590.19........... 250.90 005500B ....... NIC......... 555.15 C12901/2S/590. 19....... ..... 93.95 OC1296SME/59019........... 172.80 RW6110 ........5 .............. 3.30 OC12901/2S/590.19...... ..... 41.6,0 1407.............24........... 133.45 W6110..........5 .............. 4.40 1291S/590 .....20...... ..... 90.50 01407...........24............ 76.50 6810............5............. 15.70 01291S/590....20...... ..... 46.25 14070 ..........24........... 133.45 7112ME ........40............ 14.40 C1291 S/590.... 19...... .... 105.65 01407D.........24............ 76.70 W7210..........2,3............. 7.85 OC1291 S/590. 19...... ..... 59.45 C1676D.........26........... 147.20 Y7210MEX......2 .............. 7.80 1291 SM/590 ... NIC .... ..... 88.10 OC1676D .......26........... 104.10 W7212..........2,3............. 8.95 01291SM/590. NIC .... ..... 45.00 MUM .......29............ 33.40 Y7312...........2,3 ........... 11.40 C1291SM/590. NIC .... .... 105.65 RY1678D .......29............ 55.50 Y7316...........2,3 ........... 13.90 OC1291 SM/590.NIC .... ..... 57.90 RY1679D .......29............ 98.10 8010............4 .............. 4.60 C1 293S/587....19...... .... 117.10 1686ME ........ NIC............ 7.95 8012............4 .............. 5.50 OC1293S/587. 19...... ..... 65.40 1688............6 ..........:... 8.50 8164M.......... NIC......... 992.75 1293S/590 .....20...... .... 100.70 1703............23............ 18.40 Y8210...........4 .............. 3.95 01293S/590....20...... ..... 50.70 1703D ..........23............ 18.40 Y8212...........4 .............. 4.35 C1293S/590....19...... .... 116.10 1706............23............ 27.60 8312............4 .............. 7.95 OC1293S/590. 19...... ..... 64.75 1706D ..........23............ 27.60 8316............4 .............. 8.95 S1293/590 .....20...... .... 156.00 1707............23............ 51.30 8325............4 ............. 10.95 OS1293/590....20...... .... 106.00 01707...........23............ 35'00 8425............4 ............. 14.00 C1293SD/590. 19...... .... 116.10 1707D ..........23............ 51.30 09100...........30............ 84.40 OC1 293SD/590. 19...... ..... 64.75 01707D.........23............ 35.00 09100A.........30............ 84.40 1293SM/590 ... NIC .... .... 100.70 HY1715CM .....23............. 18.35 091008..........30............ 84.40 01293SM/590. NIC .... ..... 49.30 RHY1715CM....23............ 12.85 09100M......... NIC .......... 84.40 C1293SM/590. NIC .... .... 116.10 HY1715CME....23............ 20.30 OC9100.........29........... 132.10 OC1293SM1590.NIC .... ..... 63.00 RHY1715CME 23............ 14.20 OC9100B .......29........... 132.10 C1293SME/590.19...... .... 129.80 HY1730CM .....23............ 27.60 OC9100M.......29........... 158.50 OC1293SME/590.19...... ..... 79.05 RHY1730CM....23............ 19.05 09200B.........30........... 164.90 1293SME MEX/590.20...... .... 167.30 HY1730CME....23............ 30.30 OC9200B .......29........... 255.50 01293SME MEX/59o.20...... .... 102.80 RHY1730CME. 23............ 21.00 C9210 ..........3............. 11.50 C1 294S/587....19...... .... 138.65 HY1750CM .....23............ 51.35 C9210ME....... NIC .......... 11.70 OC1294S/587. 19...... ..... 88.50 RHY1750CM....23............ 35.05 W9210..........2,3............. 6.55 1294S/590 .....20...... .... 120.20 HY1750CME....23............. 56.40 W9210D ........2,3,4............8.20 01294S/590....20...... ..... 66.70 RHY1750CME. 23............ 38.65 W9210M........2 .............. 6.55 C1294S/590....19...... .... 138.65 2270HKRING...NIC .......... 15.45 W9210ME ......2 .............. 6.55 OC1294S/590. 19...... ..... 88.50 C2276D.........26........... 203.35 C9212 ..........3....:........ 12.75 C1294SD/590. 19...... .... 138.65 OC2276D .......26........... 151.85 C9212X.........3............. 14.15 OC1294SD/590. 19...... ..... 88.50 C2276M ........26........... 203.35 W9212..........2.3............. 7.50 1294SM/590 ...NIC .... .... 120.20 OC2276M.......26........... 149.15 09300B.........30........... 250.20 01294SM/590. NIC .... ..... 66.70 C2276ME.......26........... 261.45 OC9300B .......29........... 393.70 C1294SM/590. NIC .... .... 138.65 OC2276ME .....26........... 207.80 W9310..........2 .............. 9.60 OC1294SM/590.NIC .... ..... 86.10 3176ME ........6............. 11.95 C9312 ..........3............. 14.15 C1294SME/590.19...... .... 156.80 032008.........NIC......... 125.80 W9312..........2,3............. 9.90 OC1294ME/590.19...... .... 106.50 04164M......... NIC......... 161.50 W9312D ........2............. 10.70 1294SMEMEX/s9o.20...... .... 206.65 04200B......... NIC......... 192.95 W9316..........2,3 ........... 12.05 01294SME MEX/590.20...... .... 139.30 043008.........31........... 277.50 OC9328M.......29........... 446.60 -10- SECTION C j PRICE GUIDE SUPPLEMENT 3/1/82 Catalog Catalog Catalog Catalog No. Pg.N& -List Catalog No. Pg.No. list Catalog No. P;No. Ust 1 P...............14...... ... $20:05 62-1 FT..........41 ...... ... $ 12.50 RY210 ..........1,2,4......... $3.70 RCS.............3 .............. 4.90 62-2FT...........41 ...... ..... 19.30 Y210..............1,3............. 7.85 RY06PD.........5 .............. 6.10 62-3FT...........41 ...... ..... 31.00 C212X ..........1 ....... ..... 11.25 RY6 .............2,4............. 3.65 62-4FT..........41 ...... ..... 39.90 RC212X.........1,3............. 8.95 RY6ME..........2,4............. 3.65 62-6FT..........41 ...... ..... 75.30 RY212 ..........1,2,3........... 4.30 RC8.............3 .............. 5.85 062CM..........37...... ....... 7.00 Y212............1 .............. 8.95 RCI 0............3 ....... ....... 6.45 062CMD........37...... ....... 9.80 C213 ...........11 ...... ..... 40.15 RY10D..........2,3,4.... ....... 4.80 062CME ........37............. 7.00 OC213 ..........11 ...... ..... 28.35 RY10MEX.......2 ....... ....... 5.05 62M-1 M.........42...... ..... 31.00 C213-16THS....NIC .... ..... 43.65 11-100..........28...... ..... 43.50 62M-2M.........42...... ..... 75.30 OC213-16ths....NIC .... ..... 31.55 11.200..........28...... ..... 58.55 62M-300........42...... ..... 12.50 C213C..........11 ...... ..... 53.30 11-300..........28...... ..... 90.60 62M-600........42...... ..... 19.30 OC213C.......1.11 ...... ..... 41.10 12-150..........26,28... ..... 48.70 066 .............36...... ....... 7.45 C213CX.........11 ...... ..... 53.30 RC1 2............3 ....... ....... 7.55 066D............37...... ....... 9.80 OC213CX .......11 ...... ..... 41.10 LW23 ...........18...... ..... 54.00 066F............36...... ....... 7.45 C213D..........11 ...... ..... 40.15 OLW23..........18...... ..... 13.30 068 .............36...... ..... 11.70 OC213D ........11 ...... ..... 28.35 RY23CME.......1,2,4.... ....... 3.70 068F............36...... ..... 11.70 C213M.......... NIC .... ..... 40.40 Y23CM..........1................. 8.45 81-50 ...........28...... ..... 35.30 C213MD........ NIC .... ..... 45.80 Y23CME........1 ....... ....... 8.45 81-100..........28...... ..... 49.40 OC213MD....... NIC .... ..... 32.15 RY28............1,2...... ....... 3.45 81-200..........28...... ..... 69.70 C213ME ........ NIC .... ..... 45.80 Y28 .............1 ....... ....... 6.75 86...............38...... ..... 20.50 CASE/C213..... NIC .... ..... 20.25 31-100..........30,32... ..... 38.60 91-25 ...........28...... ..... 42.90 C216 ...........11 ...... ..... 66.70 31-200..........30,31 ... ..... 76.90 91.50 ...........28...... ..... 45.55 OC216 .......... 11 ...... ..... 48.60 31-300..........30,31 ... ..... 98.65 91-75 ...........28...... ..... 59.70 C216-16th/bik 11 ...... ..... 73.30 31-500..........31 ...... .... 105.20 95-3FT..........42...... ..... 33.40 OC216-16TH/blk11 ...... ..... 51.80 Y33CME ........2 ....... ..... 10.70 95-4FT..........42...... ..... 42.50 C216D..........11 ...... ..... 66.70 34V .............39...... ....... 9.70 100 .............13...... ..... 13.90 OC216D ........11 ...... ..... 48.60 341/4V ...........39...... ....... 8.65 OY100........... 13...... ..... 10.00 C216M.......... NIC .... ..... 67.30 RY35ME ........1,2............. 7.10 HW100..........13...... ..... 21.05 C216MD........ 11 ...... ..... 76.50 Y35CM..........2 ....... ..... 14.30 OHW100........13...... ..... 14.05 OC216MD....... 11 ...... ..... 53.90 Y35ME..........1 ....... ..... 14.30 HYT100......... 12...... ..... 19.50 CASE/C216..... NIC .... ..... 26.60 RY38ME ........1 .............. 7.50 RHYT100 .......12...... ..... 14.50 C217............11 ...... .... 133.50 Y38ME..........1 ....... ..... 16.40 112P............14...... ..... 29.60 OHW220........ NIC ........... 9.20 41-200.......... NIC .... ..... 87.85 0112P...........14...... ..... 20.95 HW223..........13...... ..... 19.85 41-300..........31,32... .... 106.10 120CH..........14...... ..... 31.95 OHW223 ........13...... ..... 11.80 41-500.......... NIC .... .... 132.00' 0120CH.........14...... ..... 22.50 HW223D.:...... 13...... ..... 22.45 HX46............36...... ..... 14.15 120P............14...... ..... 37.10 OHW223D.......13...... ..... 14.70 X46 .............36...... ..... 11.50 0120P...........14...... ..... 23.55 HW223M........13...... ..... 19.85 X46F............36...... ..... 11.50 120TP...........14...... ..... 40.55 HW223ME...... 13...... ..... 19.85 X46CM.......... NIC .... ..... 11.50 0120TP.........14...... ..... 30.60 W223ME........13...... .....'19.85 X46CME........ NIC .... ..... 11.50 C120TP.........14...... ..... 44.50 CASE/HW223 NIC .... ..... 10.15 X46X............36...... ..... 14.05 OC120TP........ 14...... ..... 35.00 HW226..........13...... ..... 27.80 X48 .............36...... ..... 15.85 125CH..........14...... ..... 34.20 OHW226 ........13...... ..... 19.65 50...............45............. 9.45 0125CH.........14...... ..... 25.45 HW226D........13...... ..... 33.15 OY50............13............. 6.90 143PD .......... NIC .... ..... 14.40 OHW226D.......13...... ..... 25.50 HW50...........13...... ..... 14.50 0143PD......... NIC .... ....... 8.90 HW226ME......13...... ...:. 27.80 OHW50 .........13...... ..... 10.10 146ME..........6 ....... ..... 17.30 W226ME........13...... ..... 28.60 HYT50 ..........12...... ••• 14.30 0146ME ........6 ....... ..... 11.10 CASE/HW226. NIC .... ..... 11.00 RHYT50.........12...... ..... 10.30 146P............6 ....... ..... 18.75 HW227ME......13...... ..... 77.00 51-300..........31 ...... ..... 98.65 0146P...........6 ....... ..... 12.65 HC253..........11 ...... ..... 28.45 ............ ..... 0 146PD ..........6 ....... ..... 18.60 OHC253.........11 ...... ..... 20.30 60-12 41 ...... 10.1. 60-24............41 ...... ..... 14.40 0146PO.........6 ....... ..... 12.50 CASE/C253.....NIC .... ..... 11.00 60M-300........42...... ..... 10.10 146PM..........NIC .... ..... 18.60 HC256..........11 ...... ..... 41.10 60M-600........42...... ..... 14.40 PY156ME....... NIC .... ....... 7.60 OHC256.........11 ....:. ..... 32.55 61-200..........30,31,32 .....78.7,5 H200HKRING... NIC .... ....... 1.15 CASE/C256.....NIC .... ..... 12.10 -61-300..........30,32... .... 100.00 202(Use6200)............ Page B-33 263P............12...... ..... 89.00 61.500..........30,32... .... 108.90 RC210.......... NIC ........... 6.45 0263P........... 12...... ......66.45 -8- x is TF ? DAVID WHITE HAND LEVELS Sturdy hand level, 2 models available.One is a non- magnifying, the other a 21/2x with precision ground r optics. Wide field of view (4' x 9' at 100 feet), with 6x magnification of bubble image.Both models in a sturdy, husky metal barrel, 5-1/16" long x 1-3/16" diameter. 5160 Supplied with leather belt-loop case. No. 5160 DAVID WHITE Hand level Ix with stadia ........,... Ea. No. 5161 DAVID WHITE Hand level 21/2x with stadia............ Ea. No. 5162 Extra Leather Beit Loop Case..................... Ea. .�.0 The True-Sight Hand Levet,an ideal,low-cost instru- ment for rough grading. A light-weight, non-reflective, ` inpact resistant plastic body;glass front element;steel 5161 cross hairs; unbreakable mirror and colored vial. Na 5163 DAVID WHITE True-Sight Hand level ................Es. 5163 i, ' K&E HAND LEVELS K&E Hand Levels, all brass construction with ivory finish comes in three models. One a locke type hand 5170 level with stadia, 6"long.Another in a 2x magnification '# of field of viewwith 4x magnification of level vial.6"long b: and extendable draw tube for individual focusing.A third h model is a square type hand level that can double as a bench level. IT No. 5110 K&E Hand level, locks type with stadia ............. Ea. f� 5171 No. 5171 K&E Hand Level, 2x magnifying ................... Ea. No. 5182 K&E Hand Level, square type..................... Ea. No. 5172 Extra Leather Belt Loop Case for Nos. 5170/5171 ..... Ea. No. 5181 Extra Leather Case for No. 5182 ..................Ea. 5182 ._....._. TELESCOPING HAND LEVELS This improved hand level is a superior, high grade t, 4: 5190 instrument in construction, workmanship and finish. The correctly arranged prism gives a clear image of the �... leveling and stadia features without glare or double reflection. - The design of the level eliminates all screws on the outside of the case.The level vial is set in a heavy hous- 5150 ing and is well protected.Two models are offered:A 5" hand level with draw tube extending to 7 inches, and a 7"hand level with draw tube extending to 10 inches. The prism and half-lens assembly is removable for cleaning,the prism being mounted on a pivoting block. 5191 r Adjustments accomplished by means of one screw, accessible from the objective end of the instrument. No. 5190 LIETZ 5"to 7" Hand Level with stadia..............Ea. No. 5150 KUKER-RANKEN 5" to 7" Hand Level with stadia...... Ea. No. 5191 LIETZ 7" to 10" Hand level with stadia............. Ea. 5155 No. 5155 KUKER-RANKEN 7" to 10" Hand Level with stadia..... Ea. No. 5192 LIETZ 5" to 7" Nand Level, plain.................. Ea. No. 51.51 KUKER-RANKEN 5" to 7" Hand Level, plain.......... Ea. j No. 5193 LIETZ 7" to 10" Hand Level, plain................. Ea. No. 5156 KUKER-RANKEN 7" to 10" Hand Level, plain.........Ea. y 13 5157 No. 5152 Extra Leather Case for Nos. 5190/5192............. Ea. No. 5157 Extra Leather Case for Nos. 5191/5193............. Ea. SECTION B PRICE GUIDE SUPPLEMENT 10/1/82 ' PAGE S-18 PAGE B-22(Contd) PAGE B-28(Contd) 4201................................ $85-00 5032 Brunton Compass-360 Degree 5264................................ $50.00 4202.................................. 95-00 w/clinometer................. $30.10 5268.................................. 35.00 4203&4207.......................... 90-00 5033 Brunton Compass-Quads PAGE B-29 4205&4206.......................... 85-00 w/clinometer.....*­­*''­'' 30.10 5262 .............................. $625.00 4208.................................. 98-00 PAGE B-23 5265.................................. 50.00 4210,4212,&4214................... 21.00 1 5050&5051.......................... DISC 5268.................................. 35.00 4211,4213,&4215................... 30.00 5052&5053...................... $148.90 PAGE B-30 4218................................... 3.50 5054&5055........................ 159.90 5301 &5302........................ $29-95 4219................................... 4.50 5056&5057..r...................... 150.30 5303.................................... 6.55 PFI-61 0 Pocket Level Rod-Tenths... 11-95 5063.................................. 27.90 5305&5306.......................... 69.95 PR-618 Pocket Level Rod-Inches... 11.95 5064.................................. 77.00 5307.................................. 13.35 PAGE B-19 5065.................................. 12.55 5310&531 1.......................... 99.95 4250.............................. $ 110-00 i 5066................ ..........._... 16.00 5312.................................. 17.95 . 4251 ................................ 140.00 5067.........................I......... 6.25 PAGE B-31 4252, 4253,4257,4260 and 4261 .... DISC 5068 ................ DISC 5350 thru 5352.................... $980.00 4255.................................. 12.00 5069 ............ ... 20.65 5353 thru 5357 .................... 1065.00 4256.................................. 15.00 5070.............. ................... 71.15 5358............................... 2,890.00 4258.................................. 25.00 j 5071.................................. 10.00 5360&5361 ........................ 150,00 4259................................ 30.00 1 5072.......................... ....... 20.00 5362.................................. 16.00 4302.................................. 59.00 20.00 PAGE B-33 4303................................... DISC 5074.................................. 43.00 6010&6012........................ $29-95 4305.................................. 79.50 5085 ................................. 970.85 6013.................................. 12.50 4306.................................. DISC , 5086.................................. 60.75 6014................................... 8.85 4318 .................... Replaced by 4319 5087............................... 1,182.75 6030.................................. 69.95 4319 Universal Target................ 12.00 • PAGE B-24 6031.................................. 16.50 4320 8'Engineers Rod,wood 2-section,feet, 5102 thru 5104..................... $63.00 6032.................................. 12.50 1 Oths,1 00ths.................. 35.00 5042................................... 6.50 6045.................................. 44.50 4321 8'Builders Rod,wood 2-section,feet, 5115 Replaced by#5125............ DISC 6046.................................. 44.50 inches,8ths.................... 35.00 5125 Abney Hand Level ............. 70,00 6047.................................. 12.50 PAGE B-20 5116..............................-... DISC 6048................................... 9.00 4330.................................. DISC 5117 . ...­''................. 111.90 6050.................................. 72.50 43311 (NIC)SERVCO Rod Level..... $ 10.60 5118................I................. 16.00 6110.................................. 54.50 4350&4351........................... 8.50 51 19... .............................. 80.00 6111.................................. 10.50 4352&4354.......................... 11-00 5120................................... 9.00 61 12... .............................. 54.50 4355 thru 4362....;.................. 15-00 PAGE B-25 6200&6210.......__............... 49.50 4363................................... 21.00 5160................................ $47.75 6305................ ................. 32.50 4400.................................. 35.00 5161... . ......... ...__...... 56.75 6306.................................. 16.00 4402.................................. 45.00 5162................................... 9.00 6394.................................. 72.50 PAGE B-21 5163................................... 9.95 6395..'................................ 16.50 4406................................ $40.00 51 70.................................. 39.90 6400...............................''. 94.00 4408.................................. 45.00 5171.................................. 53.20 6401 ................................ 124.00 4409.................................. DISC 5182.................................. 33.00 6402.................................. 97.00 4410.................................. 52.00 5172................................... 9.00 6403.................................. 17.95 4412.................................. 54.00 5181 ................................... 5.50 6404.................................. 18.95 4415.................................. 45.00 5190....... .......................... 43.00 6405................................... 5.00 4416.................................. 30.00 5150.................................. 45.00 - 6415.................................. 95.00 4420.................................. 11-50 5191.................................. 46.00 6416 ................................ 125.00 4421.................................. 15.00 5155.................................. 49.00 6417.................................. 98.00 4422.................................. 15.50 5192................................... 42.00 6418.................................. 99.50 4423.................................. 12.00 5151........................ ......... 43.00 6419.................................. 18.50 4424.................................. 15.00 5193.................................. 45-00 6600 ................................ 104.50 4425................................... 5.00 5156.................................. 47.00 6601.................................. 18.50 4426................................... 2.00 5152 (Also for 5150 and 5151)........ 6,00 6523 .............................._ 107.50 4440.................................. 49,75 5157 (Also for 5155 and 5156)........ 8.00 6624 ................................ 139.50 4441.................................. 68.75 5153 K-R 2x Hand Level............. 58.00 6625.................................. 37.95 4442.................................. 89-50, PAGE B-26 6626.................................. 21.00 PAGE B-22 296634 ............................ $70.00 6627 ................ ............._ 109.95 5000&5001........................ $38.75 002 701................................ 7.20 6628.......... ....................... 22.00 5005&5006.......................... 42.95 5205.................................. 35.00 6660 ................................ 115.00 5007................................... 8.30 5206.................................. 70.00 6661.................................. 22.00 5010.........''. ****.............­.... 15.00 5208 SERVCO Dbl.Right Angle Prism..65.00 6666..... ....................... 54.50 5040&5041.......................... 65.00 PAGE B-27 6814 Model 814 Electronic Measuring 5045.................................. 23.00 5210&5211......................... $6.50 Wheel,4'circ.wheel w/6 digit Read- • 5042................................... 6.50 5212&5213........................... 9.80 Out(100,000 ft.)............... 149.95 5020 SILVA Forester Compass-360 Deg 5215.................................. 21.00 PAGE B-34 type 54......................... 38.00 5216.................................. 21.00 7000 thru 7004 ...................... $6.60 BRUNTON SPORTING COMPASS-Accurate 5217.................................. 21-50 7005................................... 2.60 prismatic sighting-Azimuth Graduations to 5218;.......................I......... 22.00 7006................................... 2.65 one degree-Transparent base with scales 5220 thru 5223....................... 35.00 7007.................................. 12.95 -Liquid filled vial- 5225.........._....................... 25.00 7008................................... 7.10 5030 Brunton Compass-360 Deg.....27.95 5230.................................. 39.00 7009-N (411)Teledyne-National..... 11.75 5031 Brunton Compass-Quads..... 27.95 5226 (81-23-45)5x Pocket Magnifier ... 7.00 7010&7011........................... 9.00 PAGE B-28 7012................................... 6.95 5260 ................................. DISC. 7013.................................. 11.75 5261 .................................. DISC -5- 0%PARTM'EMT Or CALIFORNIA HIGHWAY PATROL Use reverse for reporting Vehicles/Plates �K STOLEN VEHICLE O EMBEZZLED VEHICLE O PLATE(S) REPORT Impounded,Recovered,Stored or Released. REPORTING DEPARTMENT LOCATION COD[ DAT[ PILE NVMEER /`I�1�iiA16:Z 0170 1 — 3 - LOCATION OF OGCURREN C[ WAS M[ISMSORMOOD ORAREA CHECKED PON THE VEHICLE AND/OA WITNESSES.LEAOS.CLUES?IF "YES".EX►LAIN IN"am AR Kf OR ON /•� /��//A///(�/ (\� SKPPPARATE SMEETtSI. 3i+/O �j I—. • M u/\J G�• , F–'"YES ON. OATS AND TIME OF OCCURRENCE DATE AND TIME REPORTEO REPORTING PERSONS DRIVER'S LICENSE NUMEER AND{TATE 0 5:5 z REPORTING PERSON'S NAME AND AOOAEfS RESIOEMCE TELEPHONE NUMBER SUSINESS ADDRESS ■VSIN[SS TSLE►MONE NUMR[Rll DESCRIPTION AND OWNERSHIP YEAR MAKE MODEL ROOM TYPE COLOR (combination) LICENSE NUMEER Sl ❑ MON? /YEww {TATE Cr '1�Q7�DMEq. / �/ 1 l R TWO VEHICLE IDENTIFICATION NUMBER (VIN) ENGINE NUMBER (EN) 7RANf M.TYPE OWNER'S VALUATION ! 1I z e S) s TODD ' _ IOENTIPYINO MARKS,DAMAGE,INTERIOR (describe color(s),if customized,etc.) CONTINUE IN REMARKS AS NECESSAMV REGISTERED OWNER AOOw ESS TELEPHONERS) (home and uslness s��V t 0-210 ex 519 LEGAL OWNER ADDRESS TELEPHONE S ome and oininessi LAST DRIVER OF VEHICLE TIME AND DATE ADORE{S - TELEPHONEIS) (home and business) 17 ?--11766, INSURANCE CARRIER (if applicable) NOTIFIED S •ESONO ADO-E SS TELEPMON[ Dw / 57 /17-7- CONDITION / AND INVENTORY Use Remarks space or attach separate descriptions as needed.) ITEMS YES NO ITEMS YES NO ITEMS (-describe fully) IDENTIFICATION NUMBER OTHER ITEMS PAYMENTS CURRENT? .^DID 1fm) Z CA.1ff*. 1 DOORS LOCKEO? TAPE DECK =71ARGO' IGNITION LOCKED? OTHER RADIO(SI' VESSEL A{LOAD' K -.. - ♦��,— FIR EAR Mf' ' CONTROLLED Drict ; "E, JT DURUICAT�10N C771 P � 1 CC)I 4 i LLEC t 31 y., :r : .•,. < -� L ,`II d.) 2 )-i6f4a8ed to - a N ` ILSTOMTIN UED ON SEPARATE f OI S ACCE►?IMOAi►OHEET OFIGER/EM►LOYiE 1 certify (or declare)under penalty ofperjury under the laws of the State of California that the foregoing is true and correct. nTOI.D.NUMSER {IONAT E OP PERFN NAMING REPORT OAT[ FOK OFFICE USE ONL Y (� E MRE ZELE HENT��WARRANT ISSUE IP YES.WARRANT NUMSSR COURT ISSUING OTES jXMO. ERTR♦ MADE IM fV{ TIME/DATE - ►E RfOM M/APING ENTRY 85 36186 Z�IG MARTINEZ POLICE DEPARTMENT CA0071400 ' i 1 C:CC Sf_T�7, 4 CRuE 70��SIFICAT16� 6.REPORT AREA ivT1 4 2l `7 B.LOCATION 9.DATE REPORTED ii Fl SCo �/V /o c C W v ^— M ID/ C 10 VICTM S N4ME 11.VICTIM'S ADDRESS 12.HOME PHONE 13 TION 14.RAC 15.SEX 16.AGE 17.DOB tb.BUSINES6 ADDRESS Oro/V(2.. 19.BUS.PHONE 21.CODES FOR BOXES V-VICTIM W-WITNESS RP-REPORTING PARTY DC DISCOVERED CRIME ADDRESS CHECKED PERSON INTERVIEWED AGE HOME ADDRESS TELEPHONE RES RES BUS RES BUS _ .... RES ----- -.. ..--- ------- --- BUS 25 SPE 35.ADDRT 36.SUSI 46.ADDI 49,INDIC V. LICENSE T KE DESCRIBE PROPERTY STOLEN/DAMAGED MODEL NUMBER/TYPE SERIAL NUMBER Q A VY 1. 52.METHOD/POINT OF E 53.TYPE OF WEAPON /FORCE USED 7CIT E :. 55.TRADEMARK OF SUSPECTIS).UNUSUAL FEATURES OF THE GRIME THAT ARE APT TO RECUR FROM CRIME TO CRIME _ 56.NATU�RE/OF IWURY 57.WHERE TREATED 5B.ATIENDPIG PHYSICIAN ... _ TTEMPTED TO LOCATE PRINTS ❑PHOTOS TAKEN ❑SKETCH ❑LD.WOW NEEDED ❑PRINTS LOCATED♦ ROLL• FRAME/S ❑OTHER W.NARRATIVE 62.DOES CASE NEED ADDITIONAL FOLLOW-UP? REP FILER SE� OWL •�t ❑YES BY PATROL 13 YES BY INVESTIGATION 13INAC:TNATE T Y. 63.REVIEWING OFFICER'S DECISION ❑YES REVIE c OFFER �� �`•��•',�:;-.''; `'Zr` BY PATROLYES BY INVESTIGATION ❑INACTNATE ' 64.ADDITIONAL FOLLOW-UP BY PATR 5 ADDITIONAL LLINVESTIGATION PROPERTY REPORT I DR# INCIDENT# CODE SECTION CRIME CLASSIFICATION �ES/ 64j7-/i4-Cr PAGE VICTIM'S NAME VICTIM'S ADDRESS PHONE ENTER PROPER 6DE A. CURRENCY, NOTES, ETC'. G. FIREARMS B. JEWELRY AND PRECIOUS METALS H. HOUSEHOLD GOODS C. CLOTHING AND FURS I. CONSUMABLE GOODS D. LOCALLY STOLEN MOTOR VEHICLES J: LIVESTOCK E. OFFICE EQUIPMENT K. MISCELLANEOUS F. TELEVISIONS, RADIOS, STEREOS, ETC ENTERED PROPERTY AND DESCRIPTION i MODEL # SERIAL# VALUE A.P.S. OA , be r . ' ao REPORTING OFFICER DATEITIME REVIEWING OFFICER - DATEITIME Claim By: Frank C.i and Mona H. Bellecci ADDENDUM 3. My 1982 G.M.C. Pick-up was stolen from my garage along with several personal items which were in the vehicle at the time Along with the personal items which I lost, I have also lost a considerable amount of income as a result of meeting with the Martinez Police:, the Contra Costa County District Attorney's Office and my Insurance Agency. 4. Negligence on the part of the County Hospital Supervisors and staff to pro- vide adequate supervision and security allowed John Procunier to escape from "J" Ward unattended over an inadequate barrier. 6. The following personal Items were either missing from my vehicle or damaged beyond repair when I was allowed to inspect my vehicle. 1. Truck Tool Box $125.00 2. Nylon Jacket, Lined 45.00 3. Leather Driving Gloves, 2 Pairs 60.00 4. Sunglasses, 1 Pair 25.00 5. 200' Surveyor's Tape w/reel 280.00 6. 18 oz Plumb Bob 17.00 7.. Surveyor's Hand level 45.00 8. Spray Paint, 2 cans 8.00 9. 8 lb Sledge Hammer 15.00 10. Assorted Nails, Shiners, Flagging, etc 15.00 11. Leather Work Gloves, 1 Pair 9.00 12. Cotton Work Gloves, 2 Pairs 7.00 13. Vanity Mirror 3.00 _ 654.00 Loss of Income as a result of this Incident 2-13-86 4 Hours, - Notified by the Police, Filing of Report, Inspection 2-17-86 3 Hours - Meeting with Insurance Company, Preliminary Vehicle Claim 2-20-86 3 Hours - Meeting with Insurance Company, Final Settlement 3-18-86 4 Hours - Preliminary Court Appearance 6-10-86 4 Hours - Court Appearance For Trial (Anticipated) 18 Hours - Hourly rate as Billed out $90 = $1820 TOTAL LOSS $2474 Vehicle Loss not claimed. i AMENDED �ARa Or sups 9I LS Q ln O4lt JIP Class L6 nst the Comity, or bistriot tt.► !0 Q.III�Yif! June 7 , 19$6 Doverned by the Do" of 8upards"s She ooP7 s document flouting &AWOements, WA Doa:d mottos or the cation tasoea an your b! an ♦ction. All Section refarenoss are Board at Supardsors (paragraph IT* 6010K), to Calownia Government Codes Siena pursuant to Qoeerr:eent Code aeotiam 293 and V15.4• !lease now all wwarsiWo Clamant: W. Michael Hart & Lois Hart county counsel Sttoeg►s Robert L. Grant JUN 0 51986 Grant & Sternberg ♦ddreas: 3478 Buskirk Ave . , Ste . 220 Manilas,Q 9" Pleasant Hill , CA 94523 deliver `• io:ssts $1, 683, 136. 85 BY Date 200e1vad: June 5 , 1986 Y Til IND June 3, 1986 art.# M39 897 6 . --Clark the IRR o Fe sons lot 9651ify Maiia •ttacbed is a copy of the above-noted class. M June 5 , 1986 ark eds SII. 1lATQ�1AR, Marks By = county Camel TD: Maric sore (Check Only one) (�3 7liis claim o®pliea substantially with Sections 910 and 310.2- ( VW5 Claim FAILS to ocmply substantially with Sections MO and 910.29 add Ms INTO so notifying claimant. The Board owmt act for 15 days (Section 310.4). ( Clalm is not timely filed. Clerk should return claim on Vwnd that it was ftlsd late and send warning of olaimant's right to apply for leave to present a lata claim (Section 911.3). ( Others Sated: 19 ,'-C. By: pY tY III. WK*: Clerk of the Board 70: (1) County Coxgwl9 (2) County ldministratar V ( Claim was returned as untisely with nctioe to claimant (Section 911.3). IT. WARD � r lb► unanimous vote of Wpervisors pr4sent C ='� lois Clain-Is re3eeted in rill. DO Other`= Portion of claim as amended no ,deviously returned as un imply is resected in full . certify that this Is a true correct Coy the to em is RIM94 s for this date. Dated: UN FM SATMELOR, Clerk, By : ° . Deputy Clerk Www (GCT. Code seetioo 913) Bubjsct to owUln esoeptioos, you lave aaly six (6) wntbs pram the date or tans notice was pr'sona]ly servsd ar dipoe1t0d in the mail to rile a court notion ao thls claim. ase GOTW=wt Code Seotieo "5.6. Tau INay seek the adTioe of an attorosy or your Choice in oannection with this utter. If you rant to oonsult an attorney, you shadd do so ismediataly. T. VMS Clerk or the Board ID: Cl) County CWJMIo (2) County Administrator ♦ttaahed are copies of the above Claim. We notified the Claimant Cr the Boardts action an this claim by mailing a copy of this documentWA a memo "thereof hbeen filed and endorsed m the Board's Copy of this Claim in acoordar�oe with 3eation 29'103• ( A rasing of alaiaant•o; rigrt to apply rbr lea to t a late class w nailed to olataaat. TID: 11 IN 1 4 14A�, "M KTOMDR a Clerk, By ' Deputy Clerk GRANT & STER BERG IT A-'CSNE`!E AT LAN C.• C r _'C���LoG -GCr-_TCN 5C✓AqC 3-^E D-cr. Gr. A:E N,-;E. S�17E 220 FiieSe_N-1 P711• C-&!=C,r-V!A 94323 TRANSMITTAL LETTER DATE : June 3 , 1986 CERTIFIED MAIL TO: Clerk of the Board of Supervisors Administrator ' s Building 651 Pine Street' Martinez , CA 94553 RE: Amended Claim ENCLOSURES : Amended Claim Against the County of Contra Costa (original and a copy) , self-addressed , stamped envelope . REQUESTED ACTION : Please file said Amended Claim and return an endorsed , filed copy to these offices in the return envelope . THANK YOU FOR YOUR COURTESY. AND COOPERATION . , SINCERELY, GRANT S STERNBERG RECEIVED JUN S 1986 By Jen�ifer oty PHIL 6A C ELOA W A ETA 0 e W Uly i 1 JU20. 43 ROBERT L. GRANT; ESQ. 2 LAW OFFICES OF GRANT & STERNBERG 3478 Buskirk Avenue, Suite 220 RECEIVED Pleasant Hill , CA 94523 Telephone: ( 415 ) 946-1400 4 Attorney for Claimants JUN C 198b 5 r PHIL BATCHVIP t�i1 ERK iO OFSYISOR$ E�1 RACOSOQ6gy . .. ` ti 7 8 9 10 In the Matter of the Claim of 11 W. MICHAEL HART and LOIS AMENDMENT TO CLAIM AGAINST 12 HART, THE COUNTY OF CONTRA COSTA, GOVERNMENT CODE SECTION 910 , 13 Against ET. SEQ. 14 The COUNTY OF CONTRA COSTA, a political subdivision of 15 the State of California 16 17 TO THE COUNTY OF CONTRA COSTA, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA: 18 19 W . MICHAEL HART and LOIS HART hereby amend their Claim against the COUNTY OF CONTRA COSTA, presented to you on May 19 , 20 1986 , a copy of which is attached hereto as Exhibit "A" and 21 incorporated by reference herein, and pursuant to the COUNTY' s 22 23 Notice of Insufficiency, mailed on May 27 , 1986 , a copy of which is attached hereto as Exhibit "B" and incorporated by reference 24 herein, as follows : 25 The occurrence or transaction, as described in Section 910 26 v of the Government Codes , which gave rise to the claim asserted , and which is set forth in the attached Claim, occurred at the 28 -1- 1 Claimants ' property , located at 118 Gilbert Lane , Martinez , 2 California , also known as Contra Costa County Assessor' s Parcel 3 No. 366-120-004 ; as more particulary described in the Corporation 4 Grant Deed , attached hereto as Exhibit "C" and incorporated by i 5 reference herein. 6 7 Dated: June 3 , ' 1986 1 Ara ROBERT L. GRANT, Attorney, 8 On Behalf of Claimants 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- i 1 ROBERT L. GRANT I ESQ. 2 LAW OFFICES OF RANT & STERNBERG 3478 Buskirk Aveinue , Suite 220 3 Pleasant' Hil1 , CA 94523 Telephone: (415 ) 946-1400 4 Attorney for Claimants 5 j 6 7 8 9 10 In the Matter of. the Claim of 11 W. MICHAEL HART and LOIS CLAIM AGAINST THE COUNTY HART, OF CONTRA COSTA, GOVERNMENT 12 CODE SECTION 910, ET. SEQ. 13 Against 14 The COUNTY OF CONTRA COSTA, a political subdivision of 15 the State of California 16 The undersigned, a person acting on behalf of W. MICHAEL 17 HART and LOIS HART-, Claimants herein, hereby makes claim against 18 the COUNTY OF CONTRA COSTA, a political subdivision of the State 19 of California, in the sum of $1 ,683, 136.85 and in support of said 20 claim represents as follows: 21 A. The name and post office address of the Claimants : 22 W. MICHAEL HART and LOIS HART 118 Gilbert Lane 23r Martinez , CA 94553 24 B. The Post Office address to which the persons presenting 25 the claim desire notices to be sent: (' 26 c/o Robert L. Grant, Esq. EC VED Law Offices of Grant & Sternberg 27 3478 Buskirk Avenue, Suite 220 MAY 111986 Pleasant Hill , CA 94523 26 I A D p� OT A Exhibit A -1- '1 I C. The 'date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted: I 3 On of about February 3 , 13 and 14 , 1986 , and on 4 numerous occasions thereafter, waters from the Alhambra Valley S watershed, colllected and diverted across Alhambra Valley Road by 6 the COUNTY, flowed down Strentzel Lane and Sheridan Lane, instead of over either its natural course or over Wanda Way. The area 8 and roads referred to are located in the unincorporated area of 9 Martinez , County of Contra Costa , State of California . Said 10 waters flowed , in such manner that they flooded Claimants' 11 property. The COUNTY has negligently designed, constructed, and 12 maintained the drainage system and has further negligently failed 13 to manage, control , and maintain Wanda Way , and Strentzel and 14 Sheridan Lanes. Claimants reserve the right to amend this claim 15 to state other manners in which the COUNTY may be liable for the 16 damages to Claimants' property when the same shall become known. U D. A general description of the indebtedness, obligation, 18 injury, damage, or loss incurred so far as it may be known at the 19 time of presentation of the claim: 20 Claimants' property has suffered, extensive flooding and 21 damage, both to the house, swimming pool , pool equipment, fences , 22 and other appurtenances. In addition, Claimants have lost the 23 full use and ' possession of their property , diminution in its 24 value, including stigma damage, and have suffered severe 25 emotional distress over said damages, as well as over the present 26 risk of certain future damage to which Claimants and their 27 property are continually exposed by virtue of the COUNTY ' s 26 negligence. Claimants reserve the right to amend this claim to -2- r I state other amounts and other damages when the same shall become 2 known. A. 3 E. The name or names of the public employee or employees i 4 causing the injury, damage, or loss , if known: 5 Contra Costa County Flood Control District and Public I 6 Works Department . Claimants reserve the right to amend this 7 claim to add additional departments and the names of public 8 employees causing the injury, damage, or loss when the same shall 9 become known. 10 F. The amount claimed as of the date of presentation of 11 the claim, including the estimated amount of any prospective 12 injury, damage , or loss, insofar as it may be known at the time 13 of the presentation of the claim, together with the basis of 14 computation of the amount claimed: 15 $533 , 136. 85 Estimated costs of repair and correction measures 16 $250 , 000. 00 Estimate damages for loss of use and 17 possession of the property 18 $400 ,000. 00 Estimated damages for diminution of value of the property, including stigma damage 19 $500 ,000. 00 Estimated emotional distress and general 20 damages 21 Potential liability and the cost of defense for claims made 22 by neighbors against Claimants may cause these estimates to be 23 increased. In any event, the above estimates are estimates only 24 and Claimants reserve the right to amend this claim to state the 25 true sum, extent , and nature of Claimants ' injury, damage, and 26 loss when the same shall become fully known. 27 28 Dated: May 16 ,1986 RO ERT L. GRANT, Attorney for -3-Claimants 1 NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM i TO: Robert Grant Grant & Steinberg 3478 Buskirk Ave. , Ste 220 Pleasant Hill CA 94523 Re: Claim of W. MICHAEL HART and LOIS HART Please Take Notice as follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2 , or is otherwise insufficent for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimaint. 2 . The claim fails to state the post office address to-which the person presenting the claim desires notices to be sent . X 3 . The claim fails to state the c=tw, place S� C SI{ FS 4X scbamco= of the occurrence or transaction wh i.eh gave rise to the claim asserted . (See #7) 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. 5. The claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 6 . The claim is not signed by the claimant or by some person on his behalf. x 7 . Other: The claim fails to state the address of claimants property which was allegedly damaged. VICTOR J. WES"PMAN, County Counsel By: Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P.'; §§1012 , 1013a, 2015 . 5; Evid.C. §§641 , 664) Mv business address is the County Counsel ' s Office of Contra Costa County, Co.Admin. Bldg. , P.O. Box 69, Martinez , California 94553, and I am a citizen ofjthe United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true cony of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it in an envelope (s) addressed as shown above (which is/.-ire place (s) having delivery service by U.S. Mail) , which envelope (s) was then seal?d and postage fully prepaid thereon, and thereafter was , on this day deposited in the U. S. Mail at Martinez/Concord , Contra • 11 •t =CSC �:, rt. t"'l ,. •• 7992.1-13 .;r• 1:1116- FOUND1.41., TMI G.IMr�4> •" 366-120-004 0-4♦ •.C?•;r c r• •Oi I n V K _ M OONT4A WS t A OLA tl R(Q 4 Michael and Lois Hart c/o Pacif is Cotton Goods Co A. CC61A CO. Ef $ � --�► t •-» 2101 Union Street 1R CIR 1AXUwN' tti Oekland, CA 94607 Y Af[r•t Pur s I CORPORATION GRA'F'T DEED Ts. .►d►*�.e*."A tram of.t i Aeelare t e t e I r r►ocvmentary trandrr tax W i 1•b 5.00 (XX cvfnrRed on full value Of property con s�«1. oe c ! eornpuiee m tua value lar :•alur of tKt s ark �r,�urrbrarr" r",rming at t:n• ! l'ntneorporsted ar" t ) CGty d Ma r L 1 rye 2 a,u I Realty not .old POR A VALUABLE CIO\SIDIMATION. n-(visa of%)JA! i, hvrr•:.% ,:. ki:•,��: �i. •,:. I LINLAND DEVELOPMENT COMPANY, INC. , a California corporetion wno acquired title as"LINLAND DEVELOPMENT COMPANY, .l eoti)-t►ration orpnired u.;ie the law's of Thr •..jte of Ca11 f or n i„ hereby GRANTS to W. MICHAEL H;-.RT and LATS A. i:Aki . �,is wife tis Joint T( rant F the folloainR desctiW rra!Frqrt} in the City of MGICtinez 1) County of Contra Costa State _r CYIL'.47. FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HFRF_TO AND MADE A PART SFREJr: ...�s same as anove Mailtaa .taternent• tu....................................._................................ _ ........... . .. . ....... .... t., V. .,•ro!• LO fl 1 .js vl.se;l .t1 Co'pwwt nOr'�t Ong LYON f0 �t Ott..ie^ ^e•e•. tY"•6 r�•t. •aft i,R e— le tx cae-Cwted to its d..•, r% ,*C -ed c``.ce-% Dated.....sune...26, .1979 STATE Ar r41 IF 111\11 cut"Itit or ......�Ots��'� Costa .• i.i. v.iecvt��.AKcrT:__�7f!Ii:••T�:,.TN .. • C Q. ........Ju1X...3.t...1974.... .titer.ver w u"den4"t a flow) A,l:r to WW for a"Cowatl an4 13y: t .... - .r. .. ..... ... .. .. .. .. PtK.dttft ... ...... X•.tA.. ._........_......... . ... ... i� ttr+a fa r r 4► __.... nanQ �; ... ._ ..._..... &et�►w> _ . ............... . aw...w r twe b tr ds.. .. .......... .. ..... tlertrbn e' • EOYf10ERi tmt tofnranv • EXHIBIT •A" • amm m iso. 121316 The land referred to is situated in the State of California, County • of Contra Costa,, City of Martinez, and is described as follows: • ' • PARCEL CKE: : - ' • Lot 2 as shown on the sap of Subdivision 4783, Alhambra Valley � Meadow , which sap was filed on January 9, 1979 in nook 220 of !laps, at page 27• Contra Costa County Records. RESERVING THEREFROM: }„y An easement (not: to be exclusive) as an appurtenance to Lots : •nd 3 r as shown on the above referred to Map of Subdivision 4783 (22L :. 27) for use as a roadway for vehicles of all kinds, pedestrians and animals, and as a right of way for ••&ter, gas, oil and sewer pipe lines, and for television, telephone, electric light and power lines, together with the necessary poles or conduits to carry said lines • over that portion of said Lot 2 lying within the lines of the parcel of land shown as 'Non-exclusive Access Easement' on said Map of • 6ub6ivision 4783 (220 M 27) . FARCLL TWU: • Right of ::al reserved in the deed frov. Bessie Gilbert, recorded ; February 10, 1955, nook 2473, Oficial Records, page 429, described • as follows: •A right of way (not to be exclusive) as an appurtenance to Parcels One and Two above, *for use as roadway for vehicles of all kinds, • pedestrians and animals, for water, gas, oil and sewer pipe lines, and for telephone, electric light and power lines, together with the • necessary poles or -.andrits to carry said lint-, ever' a strip of land 24 feet in width, the center line of which is described as • follows: Beginning at the southwest corner of the parcel �,f la:.,: described as Parcel One in tie deed to Martinez School District of Contra Costa • County, recorded February 10, 1955, P-ok 2473, Official Records, page 429; thence from said point of beginning north 88° 55' east , along • the sou::. lite o: a: =' Pa.-&I One (2473 OR 429) , 4:4.65 feet". EXCEPTING FROM PARCEL TWO: That portion thereof lyino within l+%unAary lines of baid Sub- division, 4783 (220 M 27). r vex•,. r- • (legal dPitcription cantinuad) • 3 d 4 0� • • 1 1 • lPifM , i J J t •:i•••••••• •••..••• •••••••. .••••••• •••.••• ••..••.•...•••• . .• •• . •.. .. . , ioYNOERS IffLE Commmv ORM R M0. 121316 == (1e9a1 description Continued) c PARCEL THREE: • An easement (not ,to be exclusive) as an appurtenance to Parcel • One above for nse as a roadway for vehicles of all kinds, pedestrians and anizals, and as a right of way for water, gas, oil and sower pipe , 0 lines, and for television, telephone, electric light and power lines, t. • together with the necessary poles or conduits to carry said lines r • over that portion of Lot 1 shown as 'Mon-exclusive Access Easement• on the above referred to Map of Subdivision 4789 (220 M 27) . i S � • 1 • • f • • • • s • e 4 4 • ale •�__yrs s • `4WC4*0 W? 111M�f1A v ROBERT L. GRANT ESQ. 2 LAW OFFICES OF RANT & STERNBERG 3478 Buskirk Avenue , Suite 220 3 Pleasant Hill , CA 94523 Telephone: (415 ) 946-1400 4 Attorney for Claimants 5 6 7 8 9 10 In the Matter of the Claim of 11 W. MICHAEL HART and LOIS CLAIM AGAINST THE COUNTY HART, OF CONTRA COSTA, GOVERNMENT 12 CODE SECTION 910, ET . SEQ. 13 Against 14 The COUNTY OF CONTRA COSTA, a political subdivision of 15 the State of California 16 The undersigned, a person acting on behalf of W. MICHAEL U HART and LOIS HART, Claimants herein, hereby makes claim against 18 the COUNTY OF CONTRA COSTA, a political subdivision of the State 19 of California, in the sum of $1 ,683,136.85 and in support of said 20 claim represents as follows: 21 A. The. name and post office address of the Claimants : 22 W. MICHAEL HART and LOIS HART 118 Gilbert Lane 23 Martinez , CA 94553 24 B. The Post Office address to which the persons pres sting 25 the claim desire notices to be sent: 26 c/o Robert L. Grant, Esq. EC VE Law Offices of Grant & Sternberg 27 3478 Buskirk Avenue, Suite 220 MAY 19 1985 Pleasant Hill , CA 94523 �+. I S IL 8AT NELOR OARD C 5 AERV 1 1 C. The date, place and other circumstances of the 2 occurrence or transaction which gave rise to the claim asserted: 3 On or about February 3 , 13 and 14 , 1986 , and on 4 numerous occasions thereafter, waters from the Alhambra Valley I 5 watershed, collected and diverted across Alhambra Valley Road by 6 the COUNTY, flowed down Strentzel Lane and Sheridan Lane, instead of over either its natural course or over Wanda Way. The area 8 and roads referred to are located in the unincorporated area of 9 Martinez , County of Contra Costa , State of California . Said 10 waters flowed in such manner that they flooded Claimants ' 11 property. The COUNTY has negligently designed, constructed, and 12 maintained the drainage system and has further negligently failed 13 to manage, control , and maintain Wanda Way, and Strentzel and 14 Sheridan Lanes. Claimants reserve the right to amend this claim 15 1to state other manners in which the COUNTY may be liable for the 16 damages to Claimants' property when the same shall become known. 17 D. A general description of the indebtedness, obligation, 18 injury, damage , or loss incurred so far as it may be known at the 19 time of presentation of the claim: 20 Claimants' property has suffered extensive flooding and 21 damage, both to the house, swimming pool , pool equipment, fences , 22 and other appurtenances. In addition, Claimants have lost the 23 full use and possession of their property, diminution in its 24 value , including stigma damage, and have suffered severe 25 emotional distress over said damages , as well as over the present 26 risk of certain future damage to which Claimants and their 27 property are continually exposed by virtue of the COUNTY ' s 28 negligence. Claimants reserve the right to amend this claim to =2- e r , 1 . state other amounts and other damages when the same shall become 2 known. 3 E. The name or names of the public employee or employees 4 causing the injury, damage, or loss, if known: 5 Contra Costa County Flood Control District and Public 6 Works Department . Claimants reserve the right to amend this 7 claim to add additional departments and the names of public 8 employees causing the injury, damage, or loss when the same shall 9 become known. 10 F. The amount claimed as of the date of presentation of 11 the claim, including the estimated amount of any prospective 12 injury, damage, or loss, insofar as it may be known at the time 13 of the presentation of the claim, together with the basis of 14 computation of the amount claimed: 15 $533 , 136.185 Estimated costs of repair and correction measures 16 $250 , 000.00 Estimate damages for loss of use and 17 possession of the property 18 $400, 000.00 Estimated damages for diminution of value of the property, including stigma damage 19 $500 ,000. 00 Estimated emotional distress and general 20 damages 21 Potential liability and the cost of defense for claims made 22 by neighbors against Claimants may cause these estimates to be 23 increased. In any event, the above estimates are estimates only 24 and Claimants reserve the right to amend this claim to state the 25 true sum, extent , and nature of Claimants' injury, damage , and 26 loss when the same shall become fully known. 27 28 Dated: May 16 , 1986 RO ERT L. GRANT, Attorney for -3-Claimants ROW of or � MMA COMMSAcrim c�Laaalu Clam �� theCounty• or ��� MICS � ���, June r7, ' 1986 tovereed by the Board of Supervisors, Slee am s ed to is VW Routing Woorsaments, and Board mottoe of the motion taken on your by the Action. All Section referenoee are Sward of fterdsom CParagrapb IT, balaw), to California Go_vex went Codes given Pz4ruant to Qoveroneent Code Sectian 913 and SOX Please tats all aiia:aVW- Claimants Ronald Edward Wilcox Attooneyi �1it?i� C©tlRSt Addres's' 1845 Noemi Drive MAY 2 0 198L Concord, CA 94519 F . 1sOmt s $52 . 70 BY deli very to clerk aq; r ;j t_ (1455-- . Date Recei Ads May 20, 19$6 B' mile post�marlosd on .. May,19 1986 irk o the Hoar O pe Boss 10s y Attached is a copy of the above-noted claim. Dateds May 20 . 1986 PHIL BATCH=, Mark, By � �y C—athy YjfiNwles-- ri s County Counsel mi ter soe+s (Check only one) (�) =a claim oamplies substantially with Sections 910 and 910.2. ( ) This claim FAZI.S to comply substantially with Sections 910 and 910.29 and we ars so notifying claimant. The Board cannot act for 15 days (Section 910.0. ( ) Claim is not timely filed. Clerk should return claim on VmmrA that it was tiled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others Dated: By: �» puty ty 1 III. tom'!: . _ erk of the Board 10: Cj)(�ounty Counsel, (2) County Administrator r ( ) Claim was returned as untimely with notice to claimant (Section 911.3). y. XV. WM am, By U=nimous vote of Supervtaors pr4esent t)4 2Ws claim is re3ected in full. ( ) Others certify that this Is a true ia correct COPY 's Order en in is 10ir�utes,for)shia date. a Dated: PHIL SA1'CHII.OR, Qerk, By , Deputy Clark trAMM (Gov. code Seatien 943) Subject to owtain exceptions, you nave only six (6)-months fraa the date at this notioe was personally served or deposited in the mail to file a court Lotion eo lhia claim. ase Govenmwat Code SeotiaU 945.6. Tou may seek the advice of an attorney of your enoiae in ons m Ion with this Matter. If you want to consult an att2=9 you should do so immediately. Y. Pt s Clerk of the Board 209 (1) County Counsel, (2) County Administrator Attached are Copies of the above clatm. We notified the 01aimant o+t the DOard'a action an this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of elainant's right to apply ibc 1 to prement a late claim Mas mailed alaisant. �Dd►TIDs !'HIL t3lTQifI�OR, Clerk, By L , Deputy Clerk I . CLilg TO: BOARD OF SUPERVISORS OF CONTRA CON` rqWXappiication to: Instructions to ClaimantC!erk of the Board F.O.Box 911 Martinez.Califomia 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of: action. 'Claims relating to any other cause of action must be . 1 '.­. 1. presented not later than one year after the accrual`of' the cause.,- of action. (Sec. 911.2, Govt. Code) 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, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the Distript 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 end or this form. RE: Claim by )Reserved stamps o�Al� �cl ��t� Wilcox ; RECEIVED MAY;.01986 Against the COUNTY OF CONTRA COSTA) PHIL BAT Htk" I or DISTRICT) s►Ka ^og� oRS Fi in name ) sr The undersigned claimant hereby makes claim against the County of-Contra Costa or the above-named District .in the sum of $ 5 a. '7 C and in support of this claim represents as follows: �. date and ---------------------- ------------------------=-------------- ---- When did the damage or injury occur? (Give exact hour] A Pf,- i L 2 QRere aid iK; damage or injury-occur? (Include city and county) -- • Cc,,jCo2L) C6^,t2Ar C O STPr ��v�� 3. How did the damage or in3ury occur? (Give tuli details;-use extra sheets if required) S vL%a5 6rtc- ,,1Kt Te, Z ().1��5 �;c V t',2 Tra keit �JRGk r��fi,;Je j zete-iT,,3 . -Jra R �c Y - 1 Gr1 � , la ` D( s7Qe�e.t f y S{�eQtff3 �Q,�7r's gs,�2ed t'le tk44 Nth ape�ty u�1a�,lt� Qe i►>ke,j (a4l�e� t►�af ►�aY Ar.}�cl F3;z��c�l.�- T� Me i-ter.rz. 1 r1o�►f�,•/ ►-las �4�se� Z t-4n„C 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? - p /JEcirl9e.J�6 Gni t� pa-4- OT( fha 5Ne2.Q5t7Q�u y'S 1�y Pia+ to -Fh e - AKmp, fv C)LVP..t"J My By ACTtt,3G p2CM + u -tkQ �1��t9 1IGA} I � y. • (over) 5. What are the names of county or district officers, servants or , emp{+l^oyees causing the damage or in jury? . T- N�Ic� 1�ti e SNe Z -Ri �-y . Cosi \R!� LG�T7i Cbu(J� � OMQ1et��( �t bye Fpz R�� LGS`. ?ko 6. What $amage or �n3uries do you claim resulted? ZG�ve dull extent of injuries of damages claimed. Attach two estimates for auto damsge) 1055 of {all p-2,zso� ; ty t-V\ T- "h1R-�i� 1��d fio PePIr� p.'`-. Cost m7F- tkl*5 ---- ..----------------------------------------�•-------r-----------•..--- --- 7. Row was the amount claimed above computed? (Include the estimate amount of any prospective injury or damage. ) 6 ACLU a.4 TIME of ��rLch,�Sc . �a�z Ptd �zGPe�dy 1oYt _�=tt MtZec� l s� toedo�ec� 1 ---- ---------------'�------- -- -------------- ------------------ --- 6. Names and addresses of witnesses, doctors and hospitals. - ------------------------ �.- esicii trurs you made on account of this accident or injury: DAtEl :`. ; i. ITEM AMOUNT r i Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and 'Address of Attorney ona.M - e. W-J c-)- ClaimantTs Signature /VfcCMi T>2, Address o"1c c,2D CA- t � C Telephone No. Telephone No. (`f r S 4 9 1 0 NOT ZCE 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony.' •VI _ 1 -Z 1`1 Enln1� S . e e4 1cIt br-, Ar v%, �J�t ;�" Sicf rl CaNC11�U�N�• b�-•-7 S- 9G olz i � r1aSTFti C-�►..� f ,�fafiotf\1 Lock — � S:a-5 . .. L r,ft-C� M A N i I f -A IJ�;W-'o p F