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MINUTES - 01252000 - C8
_ _ _ - � J CLArvl BOARD OF S PERK IiSORS QF CYJM.A =JA CM ,`"I C.ALMORNIA 80 ARS A tit JANUARY 25, 2000 Claim Against the County, or District Governed by � the Board of Sjpervisors, Routing l ndorsernents, 1 NOTICE TO CLAIMANT and Board Action All Section references are to The copy of this docutr>ent mailed to you is your California Gowrm nt Coles. ! Notice of the action taken on your dairn by the Board of Supervisors. (Paragraph IV below}, given Pur yuan# to Government Code Section 913 and 4 915.4. #wase nate ail "Warnings". AMOUNT: $275.00 CLAIMANT: Mr. and Mrs. John March 2500 Lunada Lane ATTORNEY:Alamo CA 94507 DATE REC7 II� D: December 21, 1999 ADDRESS: BY DELIVERY TO CLERK ON: December 21, 1999 BY MAIL pOSTN ARKED. December 20, 1999 Z FRONL Clerk of the Baud of Supervisors T'G: County Counsel Attached is a copy of the above-noted claim. December 21 1999 PML BA R. Clerk _ Dated: By: Deputy r��/9. I1. FROM County Counsel TO: Clerk of the Board of Supervis rs (This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 410.2, and we are to notifying claimant. The Board cannot act for 15 days (Section 414.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.2). ( ) Other: " Dated: By: 1,„_��4 4 -Deputy County Counsel III. PRS Clerk of the Board TO. County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Swtion 911.3). IV., ,BOARD ORDER By unanimous vote of the Supervisors present: This Claim is rejected in full. Other: I certify that this is u true and correct copy of the Board's Order entered in its minutes for this date. Dated: 4rrct-,6PHIL BATCHELOR, Clerk, By .y Deputy Clerk WARNING (Gov. code sectio 913) Subject to Certain exceptions, you have only six (6) months from the date this aotire was personally served or deposited b the snail to file a court action on this claim. See Government Cade Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do to immediately. "For Additional Warning; See Reverse Side of This Notice. AMAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fulh prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown shove. Dated: r By: PHIL BATCHELOR By �'� � ' Deputy Clerk gy'- r.+tt"?w . nrtnt.9 r..�., ♦.ice.. r«.». 1 ") . Claim tot BOARD €P Wane= or a7['iTm v=I& �+ qWJ611 TO A Claims relating to cruses of action fw death or for injury to person or to par- ;tel property or gro +ing croso aid which ague ,on or before December 31, 19ST,, aw►t be presented not lager than the 100th day at"tw the accrual of the cause of action. Claim relating to awmas of action fbr death crr for inJL" to person or to perms property or growing crops and which accrue on cr after January 1, 1988, must be presented ed sant later than six months after the socrual of the grace of action. Claims relating to merry other, cause of action; not be presented not later than am year after the accrual of the ware of action. (Govt. Made $911.2.) B. Claim must be tiled with the Glenn of the Board of Ivor* at its o1'loee in SOM 106, qty lfrinistrStIOU Vdldbgr 651 PiM* Street,, Martian, CA 94553. C. If claim isinst a district governed by the Board of �rvieera, rather turn the Ccafty* t e of the District should be filled in. D. If the claim is against mtrrthan one public entity, separate claims most be tiled against each public entity. R. Fraud. See penalty for fraudulent claims, Pew Code Sec. 72 at the end of this s r� e e +e r s t e e �r r e rt s +e er • • e e e a e a • • res * e e • r re e • e s e e e RE: Claire BY �� i� � f� ? Reserved for Clerk's filing stamp IVED MRS or a Contra DEC 211999 District) CLEIRK OApp OF S pERVISaRS CONT A CEHST C, The undersigned claiunt hereby makes dal Inst the County of Contra Costa or the above-nawd District in ttw am of and In support of this claim represents as follower: 1. When did the damp or injury ocr i (dive exact dente and hour) i' � ix�- %9'99 — J�tkt. �� 2. Wlere/ did the davage or Injury o0our? (Include city and oomAy), J /)4) alb � >rt � rtesf, t�tcc�i 6i'ly b:kc� vacs �.rei ,Z CC3 C., c sac3cx La. r ,'7 rrrcG, fPC�t✓tc 14 nor 3. Sm did the damp, or Injury o ? (Giv�e/ details; tr<a a epctara p�rper if { yy .'` 'Y"�{ t'7 ray f ^✓ 'v' rLt 6d3%� � T /��c, -j{�_'iE c✓� Cti(ef Cal *C G'C LrcCr t n� {i�^. Vic! �+x .LE_ `} C 1 t� KJ .�o- `t' L1 v r, n> T&C." e` ;Ct �Lo s�t A,1,4 `FL" 6�,��. ��,'(. Cir Z e i -16 14- 6"k 41- 4C -l-�C 6e 4,-a vx + 4;r i fan � ac �"e>, ` c �Lv -� nc 'k %mss � - ` X11 4. What particular act or amirssion ars the port of cxxmty or district officers, —` atm or aWloye /caused the Injury of r dung(? j � / _j ���. �/ ��� a'V` JGfLfi'✓� ctK /�3i'f]ff .'f"d"/sit(/ (�Jf i t� fG? C� � "'`.a+rtn(.(ct Lai _14- cid 1Cf"<7 SkCC T l^ YYACzr f i s {� Tom' GC.3Gt"'m'v be(�'`� ( C C t � � J t 'iT rr G t l G7 _ r . � _ ear injury'? the damag �£�✓�vtL>>tCvti ~ar ��iC_ `!c> [�� C> er +� �i T 5 5�r a 6. ghat damage or injuries do you 01aim resulted? Wive full extent of injuries or damages claimed. Attach two estimates for auto cage.�Zt,,ce- j l � 7. How was the amount claimed above computed? (Include estimated �t f any prospective injury or damage.) �, �F� e r,�,v'�S ct es .f'�as fir° �� e, j e G"-5'E els;.v {�t e a X ect� �1,t c � 6,a f r / G7/SCS Y< da'7`A"�ts- (� �t�L�h Pw1 Y?0 Cvli�c�rtElrt 1^GZi ! r 4�j ucw�t£ e T1r S. Names and addresses of witnesses, doctors and hospitals, `} ; k d yr r t3 t ,fes,i L s .b.,nr, S l cx'3 � 1✓�� ? ✓il S 1�>^ r:S rz✓E . e rtlivl d _Ga3fLyi./1�rs£Ct'. /� /A'• ken G�/vrti L �� 7 d 4- say. 1.'e- In'tie 4e- 9. t jK, r te� ► �t?" ,...�+a.w.s�+.�....r Jr..r�..��....«...i...:.Yrrrrr++r�.....s..ri.r..rrwrs+...r�.r..�....i.rs.�iw.r..�+.+r.r+.+u�+.�+...w+...+:.r. 9. List the expenditures you made on account of this accident or injury: c DATE ITEM Jae _ �� ;;e4- repjetCt. � 4,2 co ✓°t,�`}�'rr , y�, JC �j ,j {_ i �.y( r Rea _ 1,..1E�.. �t�1'"�ff GC 11(.:CVk 1F Id C Clt (C -.l Li C`. /ttl.�.f {�`1G. r a4- �2n4—co e Gov. Code Sec. 91.0.2 provides: "The claim =at be signed by the claimant SEND NOTICES 'T0: (Attq e } or tnr some2gaMon big behalf." Nam and d ss of Atton* Cla nt lys Signature _ (Addres� � /y��- ��'l yr .,�� G`�"'`e C.-•�, C/�`i �,�✓t��� G.-f/i r 99 Mo Telephone No Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents 1w ally or for payment to any state board or officer, or to any ommty, •city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account$ moocher, or writing, is punishable either by imprint in the county ,jail for a period of not more than one year, by a fine of not exceeding one thousand ($19000), or by both such imprisonment and tine, or by imprint in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprint and fine. > ,���' �' F�. c' �. �� ..�=- ;a L`� 1*� �� -,� � _ ,, :- �- ,� �. �. - . � :� :� � � _ �- :. .� "� �. - .. , �. � _. �.. �; �- �. �'� :.. �` �. :.. ,,� f � � � CZE IBQARD OF S12ERN11SOM nF CQMA COSTA CSO -N717Y. C-ALIFO h'TA `BOARD MM_JANTIARY 25, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorser eats, ) NOTICE TO CLAIMANT end Board Action A!! Section references erre to } 7re M of this doatrrymnt mailed to you is your California Gomnment Codes. 1 mice of the action taken on your claim by the Board of &ipervisors. (Paragraph IV below, given scant to Government Code Section 913 and 15.4. Please note all *Warnings". µrN 'n1:i.\• .moi :. AMOUNT: None Stated 5 lir k�✓ '.':�€,,. CLAIMANT: Elvin Oamilda and Roderick Engaging ATTORNEY: David J. Samuelsen, Esq. DATE REC'E %?ED: December 21, 1999 Bennett, Samuelsen, Reynolds & Allard ADDRESS: A Prof fessional Corporation BY DELIVERY TO CLERK ON. December 21, 1999 1951 Webster Street, Ste. 200 Oakland CA 94612.2940 BY MAIL POSTMARKED: Hand-De ivered by R.G. Smith L FRtNL Clerk of the Board of Supervisors TCS County Counsel Attached is a copy of the above-noted claim. December 21 1999 PHIL BA Nk.LAR, C ler Slated: � By: Deputy...�..�.. '1 FROM:. County Counsel IX> Clerk of the Board of Supervis s (- 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 to notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) {Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ! _��C �b 7 B y:� �+' `� •;, r",�' ,�--�,;,peputy County Counsel ID. I+IiM. - Clerk of the Board M County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 9113). N. BOARD ORDER By umanimouts vase of the Supervisors present. This Claim is rejected in full. Other: I certify that this is a true and comact copy of the Board's Order ant-z=,sed in its minutes for this date. Dated:at•l ,, 49G � PHIL BATCHELOR, Cleric, By '" - Deputy Clerk WARNING (Gov. crude section 91:3} Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may took the advice of an attorney of your cbnice in connection with this matter- If you 'svant to consult an attorney. you should do to immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF hU11JVG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage full; prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Date `� By: PHIL BATCHELOR By, Deputy Clerk t , -7 �. lois warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. i I DAVID J. SAMUELSEN, ESQ. (CBN #72504) BENNETT, SAMUELSEN, REYNOLDS & ALLARD 2 A Professional Corporation 1951 Webster Street, Suite 200 3 Oakland, California 94612-2940 Telephone: (510) 444-7688 4 Attorneys for RODERICK ENGALING �� cn 5 and ELVIN TABON OAMILDA 6 a c2 199 7 CLERK B RD OF SUPERVISORS COUNTY OF CONTRA COSTA c TRA COSTA Co. 8 ELVIN OAMILDA AND RODERICK 9 ENGALING, CLAIM FOR EQUITABLE OR PARTIAL 10 vs. EQUITABLE INDEMNITY 11 COUNTY OF CONTRA COSTA, 12 13 TO CONTRA COSTA COUNTY: 14 ELVIN OAMILDA AND RODERICK ENGALING hereby claim equitable indemnity 15 and/or partial equitable indemnity against CONTRA COSTA COUNTY as follows: 16 1. Claimants: ELVIN OAMILDA, RODERICK ENGALING c/o Bennett, Samuelsen, 17 Reynolds & Allard, A Professional Corporation, 1951 Webster Street, Suite 200, Oakland, 18 California. 19 2. Send notices to: Bennett, Samuelsen, Reynolds & Allard, A Professional 20 Corporation, 1951 Webster Street, Suite 200, Oakland, CA 94612-2940, Telephone: (510) 21 444-7688, Facsimile: (510) 444-5849. 22 3. Date of underlying accident: July 21, 1998 23 4. Location of underlying accident: Marsh Creek Road at or near Camino Diablo 24 in an unincorporated area of Contra Costa County, State of California. 25 5. Description of underlying accident: On July 21, 1998, at approximately 26 12:30 a.m., two vehicles were involved in a collision which caused injury to a number of 27 individuals and resulted in the death of one individual. The underlying accident is further BENNETT,SAMUELSEN, ' 1 REYNOLDS&ALLARD A PROFESSIONAL CORP. 1351 wESUITE 200 CLAIM CLAIM FOR EQUITABLE OR PARTIAL EQUITABLE INDEMNITY OAKLANDD, 444-7688-7688294 (51 }44C:\SO8LIT\TRICHE\CLAIM.wPD.CDT 1 described in California Highway Patrol Traffic Collision Report No. 7-281, a copy of which is 2 attached hereto as EXHIBIT A and incorporated herein by this reference. 3 6. Subject of equitable indemnity/partial equitable indemnity claim: The liability or 4 potential liability of these claimants to the following individuals as described: 5 (1) To MILJOY S. TRICHE in the context of Contra Costa County Superior 6 Court Action No. C99-00594, the First Amended Complaint for which was served upon ELVIN 7 OAMILDA on June 24, 1999 and on RODERICK ENGALING on June 24, 1999' and a true 8 and correct copy of which is attached hereto as EXHIBIT B and incorporated herein by this 9 reference. 10 (2) To ROBERT WADE BETHKE as described in a certain complaint for 11 damages filed in the Contra Costa County Superior Court, bearing Action No. C99-02768 12 which was served upon RODERICK ENGALING on or about August 7, 1999 and was served 13 upon ELVIN OAMILDA on or about September 7, 1999, a true and correct copy of which is 14 attached hereto as EXHIBIT C and incorporated herein by this reference. 15 (3) To ROBERT WADE BETHKE as a cross-complainant suing for 16 apportionment of fault, indemnification, declaratory relief, contribution and property damage 17 in Contra Costa County Superior Court Action No. C99-02736, which was served upon these 18 claimants on September 16, 1999 and a true and correct copy of which is attached hereto as 19 EXHIBIT D and incorporated herein by this reference. 20 7. Damages: Claimants seek equitable indemnity and/or partial equitable 21 indemnity in connection with the personal injury claims of MILJOY TRICHE, ROBERT WADE 22 BETHKE, described above as and as embodied in the pleadings attached hereto, and 23 equitable indemnity and/or partial equitable indemnity in connection with the claims being 24 made by ROBERT WADE BETHKE as a cross-complainant and in the cross-action attached 25 hereto as EXHIBIT D, all on the basis that the incident described in the Traffic Collision Report 26 attached hereto as EXHIBIT A occurred on a portion of public roadway designed, configured, 27 'The original complaint filed in said action was never served upon these claimants. BENNETT,SAMUELSEN, - 2 - REYNOLDS 2 - REYNOLDS&ALLARD A PROFES51ONAL CORP. 1951 WESTREET SUITE 2�0 CLAIM FOR EQUITABLE OR PARTIAL EQUITABLE INDEMNI'T'Y SUITE OAKLAND CA 94612-29 C:\SO8LIT\TRICHE\CLAIM.WPD.CDT (51 t5)444-7688 11 1 constructed, maintained, owned and signed by the COUNTY OF CONTRA COSTA which 2 constituted a "dangerous condition of public property' on or about the date of the incident 3 referred to. 4 8. Name(s) of public employees causing injury, damage or loss: unknown. 5 DATED: December 20, 1999 6 BENNEJT, SAMUELSEN, REYNOLDS & ALLARD J 7 } BY 9 7QRdi. Samuelsen Attorneys for RODERICK ENGALING and 10 ELVIN TABON OAMILDA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 `REYBENNETT,SAMUELSEN, - 3 - REYNOLDS NOLDS&ALLARD A PROFESSIONAL CORP. 1951 wESUITE 200 STREET SUITE CLAIM FOR EQUITABLE OR PARTIAL EQUITABLE INDEMNITY OAKLAND CA 94612.294 (516)444-7686 C:\SO8LIT\TRICHE\CLAIM.WPD.CDT CERTIFICATE OF SERVICE I am a citizen of the United States, over the age of 18 years and not a party to the cause herein. I am an employee of BENNETT, SAMUELSEN, REYNOLDS &ALLARD, A Professional Corporation, 1951 Webster Street, Suite 200, Oakland, California 94612- 2940. On December 21, 7999, 1 served the attached: CLAIM FOR EQUITABLE OR PARTIAL EQUITABLE INDEMNITY (wl Exhibits) on the interested parties in said cause, by placing ( x ) the original; { ) a true copy thereof enclosed in a sealed envelope addressed as follows: County Counsel Contra Costa County 651 Pine Street Martinez, CA 94553 Clerk of the Board of Supervisors County of Contra Costa 651 Pine .Street Martinez, CA 94553 { x ) BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the offices of the addressees. ( x ) BY MAIL: I caused such envelope with postage thereon fully prepaid to be placed in the United States mail, in the City of Oakland, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on December 27, 7999 in Oakland, California. CARMELITA D. TORRES Name of Declarant Signature of Declarant (On Original) C\SO8LI r TPJcxL\Pos-CLAI.)NNPD.CDT is Y: I�. EXHIBIT A z Y #5 3 3 't # a F- z z 0 U CC W z O APR-95-1999 MON 08;16 AM '!D FAX N0, >. 2535858 r1 �i,I71 �".`tAI1C`Dt;kl.9 AIAUG2 ti 1993 P. uft � 'F.RA 1'1�14It7N ZZRPC'ittf r " KI7.t rAl.C1y!ttwrTDrlx • NO IW }It>sfi CrrY aurnctAt.DW1'RICT MiW,t k rATAL 3 1 ) UNINCORPORATED DELTA ZZ mu wit CouNTY DIST BEAT 7-281 COLLISION OCCURRED 0t7; Tab 0AYYr.4H TIMLUtEO! NC IC r Ufi lc"G► :,n, L MARSH CREEK RD. E/B 07121198 005( 9320 033845 c TMILEPOST INFORMATION; DAY or wrl-1C 1 TUESDAY TONY AWAY rIIclTcjcRAPrrs nY. EYES 1 ro SGT ROY N () AT INTCASSCTION WITII. STATE ICWY RLL. #7553 (12) C}R: 128 feet W of CAMINO VIAHLOres NDf I N(,sl. PARTY DRmrs LICENSE NUMIBER STATE CLASS SAFETY Vlti 1'R Mt,\K9f%I0DEL'COLOA LICCN59.NU."I(ICtt T 3 B3672433 JCA C G 97 HONDA.CIVIC.GREEN. , . 3WQC293 . . DRIVER NAMEMIRST,MIIDDLE.LASY) Pq ELVIN TARON OAMILDA PEDES STREET AMAESS OWNEWS NAME SAAIF AS DRIVER TR rr 2932 A.MHERST DR. RODERICK ENG,ALING PARKED Ctrrt3TATVmr OWNER'S ADDRESS [) SAMIEASORIVER VE L STOCKTON CA 9.5209 2.927 AMHERS'T DR, , STOCKTON, CA 95209 Ct_'Y- SEX HAIR EYES HOCHT wmcHT NIATROAT6 RACE DtSrOOrvEHtCI.1T.O;uORDrRSaf., IQ Offlax L � D;Ivcst f jorlin {1�J M ELIC ERN 5-0A 160 03 22 7B AMERICAN TOW infic-R HOME PHONE musixESS PHONE PRIOR MCCHANICAL USFECT3: NONCA"ARENTKI REFER TO VARA 1TIYE E I (2 0 9) 4 73—0 5 0 4 ( ) NONE CH USE NLPEY. DESCRIBE VEHICLE DAMAGE 311ADE IN DAMAGED AI INSURANCE CARRIER POLICY NUMBER VCLUNK NONE MINOR CSAR 7E 31 769 01 MiOD, MAJOR ( ]'TOTAL DIR TRV ON STREET OR HIC 4WAY I'D LMT PCF MARSH CREEK. RD 50 PARTY DRPJER'S LiCCNSC NWMDER STATE CLASS SAFETY VER YR 1rIA1:FJMtDDEL/CCILOA LICENSE NUMBER 2 13183331 TX R G 98 . CHEV S-10 GREEN", . . . . SU00415 DRIVER NAMIf(MR3rrAtID0LZ.LA T) • w + i . • # ROSERT WADE BETHKE PEDES- STREET ADDRESS OWNER'S NAME SAME AS DRIVER 12510 MARSH CREEK RD. PARKED CtTY&rAT IP OWNER'S ADDRESS SAME AS DRIVER VEjl CLAYTON CA 94517 BICT• Bcx I HAIR I EYES I HEIGHT UVEIGHT YIR'rHDATE RACE DSVO OF VEx1CLE ON ORDERS of. 19 OFFICER DRIVER OTI IEA CLt M ERNIH J''` "'3 C) C3 1.0146 8 AMER Z CA�+t TOWOTH JAR HOME FNONET 1USSNFSS PRONE PRIOR M rCHANICAL ONFECTS; NONE APPARENT REt'6R TO NA ;tAT1V E I (9 2 5) 673-1652 ( ) NONE CHP vs�ONLY DESCRIBE VEHICLE DAMACC WADE IN DAMAGCL A IMRANCE CARRIER VIUUCLS TYPE MINOR MERCURY INS . A 0318 4 5 2 7 22 jIf I C 3 mo C 9 ��TOTAL MOD.�MAIOR � TOTAL ,.,.•�� Dail TIDY ONSTREETORHICHWAY PD.mr PCF •'w2`:.' W MARSH CREEKZ1802A PARTY DRIVL°R'S LiCEKSE NUMBER, STATE CLASS SAFETY vEH YR MAKEIMIODHLtt OLOR LICENSE HUNKER 3 w . l . i . w • . . . y i . . w p y w + . . , . • w + . f + , DRIVER NAMIiI1M=,MIDDLEAAST) 7PR. EODES. STROTADORM 0WNtJt*SNAM6 [] SAME AS DRIVER PARKED Cr"NrA.TE41P OWNER'S ADDILLU SAME AS DRIVER TIfu aILCY• SFC HAIR RYES w=hT wPICNY itRTHDATL° RACE` DISPO OF VEHICLE ON ORDERS OFI {� OFftCSR �� DRIVE,( � �OTHER ry . OTHER HOME PHONE EtISIM!°35 PHONffi 0MR M SCHANICAL DGFEEM NONEAFPARENT J 18FBR1'0 NARRATtYS t VE?IUSS.EONLY DESCRION V11MCLISDAMAGR SHAGS IN DAMAGED INSURANCE CARRINA, mucY NUMB€R j UK ��HDA ��MINOR MoD Rtv DIRTRY ON STREET OR HIGHWAY FD LMT PCF PREPARER'S NAMC DISPATCH NOTIFIED RHVIEWER'S �r E REVtf.'WED 'AIR-05-1999 BION 08: 16 ASI 'D FAX NO, " .2535858 P, 05 .i-..R1hH!'ti.'C1.et CittttNltn l.i OIN ys( . :4 ns j ti,tilt ut•Uif tGiRJ1 i,INE I'IIiNi TIM) NWkilti a trill ''f 07 - 21 - 98 vv5t} 932C# �„". 645 7-281 UWNI.95 fIA6iLtADiTittS1 NOTA:I 1.9 01•I,it i Y fJCSC901ION OF DAMAGE DAMAGE SEATING POSITIUN SAFETY EQUIPMENT EJECTED FROM VER OCCUPANTS NIX nlcT'cLr-trEtktfT 1•DRIVUR A-NONE IN VEIRCLE L-AIR IlAr,DLPt.OYLn o-NOY i:lCCTED 7 Ia 6-I'AI LINGERS fI•UNKNOWN RI-AIR IJAC NOT DEi'LOYLD DRIVER {.I TILL)')-WCTCD 7-STA.WGN.REAR C-LAP BELT USED N UI'IILk V.NO ?.VA It t'tAt LY EIt CTTiD 17 Ti•.R.OCC,TRK.OR VAN D-LAP BELT NOT USED r.KCIl'Rl:oviftEA w.YEc y•41�y ir��'Y 1'I'USITIONUNKNOWN E-SHOULDER flAitNESSUSED f 5 b 0.OTIIEA P-SHOULDER HARNESS NOT USED CIIILD RLS rRAINT PA5SMgCER 0.LAP/SHOULDER HARNF.5S USED V•EN t'ri I:CLE UI+CD A•NO L 7 II"LAWSHOULDER HARNUS NOT USED R-IN VEHICLE NOT USED Y•YES I-PASSIVE RESTRAINT USED S•Il)"tlfiCt.F-USE UNKNOWN K•PASSIVE RMRAINT NOT USED T.IS Vr-,tIICLF.f{If ROPER USE U•N"L IN�'tiIICLE ITEMS MARKED BELOW WHICH ARE POLLOWED II)”AV ASTFRISK/"I SIIOULD RL EXI'LAWED IN THC NARRATIVY rRi.MARY COLLISION FACTOR IOVI AEE\TPRCCEDiN LIST\'V.%ISEA pi of PARTY AT FAULT TR AMC CQ%kTROL DEVICES TYPE OF YCIIIC'LELl i 2 [3 COLLISIO A VC SECTION vIOLATEDI, CITED A CONTROLS FUNCTIONING A PASS£NCER CARf5TN,WON, A STOPP£I}' 2 21802A YES B Cotmo SNOTPUNCIiON(NO` I PASSENGERCAR'14'1TRAILER X X D PROCEEDINGSTRAicirr A CTttER IMPROrER DRIVING' C CONTROLS OBSCURED C &IOTORCYCL£/SCOOTER 1C RAN OFF ROAD C OTHER THAN DRIVER* X D NO coNrRoLs PRL*SEN lrACTOR D PIL"KUP OR PANEL TRUCK 0 MAKING RICUT TURN D UNKNOWN" IYPSOFCOLLLSTONI E PICKU"ANMTRK.WiTLR. E I•IAWNGLEFrTURN E FELL ASLEEP, X A HAA"N P TO 01 TRUSK TRACTOR F MAKING U TURN tiYI:ATtt£R(MARK 4 TO x I7EAIsi $ SIDESWIPE G TRVTRK.TRACTOR W fTLR. O RACYtNfi A CLEAR C REAR END ff SCHOOL BUS It SLOWING 1 STOPPING II CtOUDY D BROADSIDE I OTHER BIDS I PASSING OTHER VEHICLE C RAINING E HJT OBJECT I EMERGENCY VFIIICLE I CHANGING LANDS D SNOWING F OV€RTURNEO K HWY.CONST.FOUIPMENT K PARKING MANEUVER E FOO I VISIBILITY: G VEHICLE I PEDESTRIAN L BICYCLE L CNTERINGTRAMC P OTNLR": K C7THER': M OTHER VEHICLE bI OTHER UNSAfETURNIN G WIND MO'rOIR vFMCLE MNOLVED WITti N PEDESTRIAN IN XING INTOOPPOSING LA Lt6ItSING A t iCOLL� O MOPED 10 I"ARKL:'b A DAYLIGHT 8 PEDESTRIANP MERGING OTHER ASSOCIATE*FACTOR B DUSK.DAWN X C OTHER MOTOR VEHICLE MARK I TQ 3 iTtstS Q TRAVELING WRONG WA C DARK-STRf£T LIGHTS D MCrrOR VEH ON OTHER ROADWAY A VC SECTION VIOLATCITE! R OTIIER• X D DARK.NO STREET LIGHT'S E PARKED MOTOR VEMCLG E DARK"STRECT'LI 5t NOT •UNCTION F TRAIN 8 VC SECTION vIOI.ATIONa CITE ROADWAY5t1RPAC'S G BICYCLE 5gitCtI19TY,DRUC PITYSICAL A DRY H ANIMAL: C VC SECTION VIOLATION:CITE 1 2 3 (MAX9 I TO I ITT.NtSt B WET A IIAD N1'ITDEFN bRIIIKti` C SNOWY-ICY I FIXED OBJECT: £ VIS.OBSCURED: II IIBD•UNDAR NC D SLIPPERY('MUDDY.OILY,m') F INATTENTION* C 1140.NvT UNDER TM I. I OTHER ODIECT: G STOP do Ga TRAFFIC D tIBD,IMPAITtMEftl UMC RO&D W AY CONOMONS MARK T TO 7 ITEMS KDT.SrXlAN'S ACTIONS H ENTERING 1 LEAVING RAMP E VNOER DRUG INF'LUENC A VOILES.DEEP RUTS, X No PEDESTRIAN INVOLVED I PREVIOUS COLLISION F INWAIRMENT"PHYSICA' 8 LOWE MATERIAL ON ROWY- ! CAOSSINO IN XIMALKAKERSECTION I UNFAMILIAR WITH ROAD O LIPAiI maws NOT KNO+ C ORSTRUCTION ON ROAD'WAY' C CROSSING W XWALK NOT AT K D£FIICTIYE YAH,INrzRSACTTON EQUIP,:CITE H NOT AFK:IGAALE YTR D CONUE'TION-REPAIR KOH£ ! SLEEPY t PhTiGU6LI E REDUCED ROADWAY WIi7'I'It D CROLCNG Nor IN CROSSWALK L UNTIIvtTLVLkD VETilCLa ffiP.CLAL NKDKAtA ON F FLOODED- B INROAD-INCLUDES SHOULDER M 0T"9R`I A HAZARDOUS MATERIAt G OTNIRR•: P NIST iN ROAD X X IN NtgNR APPARENT II SEATBELT FAILURE X IC NO UNUSUAL CONDITIONS G APPROACHI�N»GILE6VING 1C1IDOL IIU3 O RUNAWAY VEHICLE SKETCH S E � . M rs' K C 1 C•t ` MISC£L C/U C fi r1 !7 APR-95-1999 MON (l8: 18 A11 ` fl FAX N0, " 2535858 P. 96 OF.�.,LJVOWNiA SSZsNGL'R rsr.r r•! f .. #3A t'#:i'7T C'1LLt5#fi#N T#Jr1I:tZi#Y7 NCtC NU.t�SIICR Ot I I("#:1 ill*Rtsl'sk 07 Z1 - 98 OU60 9320 o i.J645 7-281 EXTENT OF INJURY ('X" ONE) INJURED WAS ('X' C3NE) NVIT;vcsy 11.1`SEPCI:R 'AGE SEXPARTY S `.Y 5vtTr ONLY 6NLY FATAL SEVERE OTIJER YLUDLE COMMAINi' NUMUCR POs, EOUtr, INJURY INJURY 1141URY OF FAIN I)RIY}?R PASS. #`GO, I#IkC OTTILR 2 M X X f 1 4 H NAStEljXO.8dAODRESS TCLENIONC ERWIN T OAMILDA 10-15-76 H-2932 AMHERST DR. , STOCKTON, CA, 95209 (209) 473-05 (INJURED ONLY)TRANSPORTED BY: TAKEN TO. CAL STAR JOHN MUIR HOSPITAL, WALNUT CREEK CA 11115CRIBE INJURJC.S: MASSIVE TRAUMA TO HEAD, CHEST,REPUPTURED SPLINE AND ABDO INJURIES . CORONE•9,' CASZ #98-1091 PRONOUNDED DEAD AT 0341 BY DR. KERLIN vicTutorvlOLf`�YC4I�iF NOW 20 IF j X X 1 3 G NAN>i1Lf.0.TI./ADDRIESS TELrM LONE MILJOY SISAL TRIC14E 09-1.1-77 H-2932 AMHERST DR. , STOCKTON, CA, 95209 (209) 473-05 (INJURED ONLY)TRANSPORTED BY, TAKEN TO. CAL STAR. JOHN MUIR, HOSPITAL WALNUT CREEK CA OFSCRIQE INJURIES. DISLOCATED LEFT GREAT TOE, ABRASSION TO LIP, ABR.ASSION ACROSS CHEST (TO P RIGHT TO BOTTOM LEFTBRUISED ARM FX CLAVICLE r I VICTIM OF VIOLfW CRI>1F NOTt1 20LM X X Z 1 I G _j NAMElD,O,ii.t#ODRES TELEFIIONF ELVIN nk-SON O?AMILDA 03-22-78 H-2932 AMHERST DR. , STOCKTON, CA, 95205 (209) 473-0E QNIURED ONLY)TRANSPORTI:O BY: TAKEN TO: AMR SUTTER DELTA HOSPITAL, ANTIOCH CA OESCRITSE INJURIES: FX LEFT CLAVICLE, FX LEFT WRIST, COP TO RIGHT ARM, BACK AND NECK. Y#C`PiM CSP VIOI.I!w chime'-arl 29 fmx X 2 1 G NAMi$JD.0.8.rAODRE5S TELEPHONE ROBERT WADE BETHKE 1.0-14-68 H-12510 MARSH CREEK RD. , CLAYTON, CA, 94517 (925) 673-11 MQUREO ONLY)TRANSPORTED BY: TAKEN TO: AMR SUTTER DELTA HOSPITAL, ANTIOCH CA D65CRIBE INJURMS: FX HIP, OPEN FX TO LEFT ANKLE, AND FX FEMUR YtCT#1d OF YIOLEKY CRIME NOT NAMO.O.B JADDRBSS TELEPHONE (INJURED ONLY)TRAWSPt7RTED BY: TAKEN 7O: DBSCRMZ iNJUXtES: , J YICTTM of mL.ENT CRIME NO9 PREPARER'S NAME 1.D NUMBER woo DAY YR, REVIEWER'S NAM£ 1+40• OAT C�"136" S 07-21 -981 APR-05-1999 BION 08: 16 Ail D FAX NO. "> 2535858 P, 07 i' STATF OF CALIFORNIA DATI:Or INCIOLNT TIME NCIC NUI+WER OITICLA I.I), Nt,�lI1I;l: 0it'Zl/9$ 4450 930 ^l3 45 4A 1071,1 ?-' - E l ACTS 2 3 N IIEICATIQY- I was dispatched to a call ofan injury traffic collision, with "Ill ambulance 4 responding at 4111. hours. I responded from The Contra Costa CHI' office and arrived on scene 5 at 0141 hours. Sgt Roy, shift supervisor, also responded and was on scene. X111 times, speeds 6 and measurements in this investigation are approximate. Measurements Nvere talcell by 7 rollmeter, except where otherwise indicated. 8 9 S_CE + • This collision occurred on Marsh Creek Rd w/of Camino Diablo. In this area, 10 Marsh Creek Road is a two-way, two lane, eaWwcst, asphalt roadway. The E/B lanes axe 11 separated from W/B lanes by yellow reflectorized markers and double solid yellow lines, 12 Marsh Creek Rd. is bordered to the north by dirt/grass Fields and to the south by dirt/grass 13 fields. 14 15 16 PARTIES: 17 is PaM#1 (OAMILDA) was located on a gamey next to V-I. Due to his injuries he was 19 transported to Sutter Delta Hospital in Antioch, Party OAMILDA was identifier)by verified 20 verbal statements. OAMILDA was placed as a party by the following items: 21 22 •personal statements 23 - injuries (Seatbelt bruise from the left shoulder leading across and clown his chest and 24 stomach.). 25 26 3.chict#1 (Honda, Civic), Upon arriving on scene, V-I's headlights were on. V-I was located 27 on its wheels facing in a northerly direction on.Marsh Creek Rd. V•I sustained total traffic 28 collision damage. Refer to factual diagram,page#5, for measurements of V-I at rest. 29 30 On 47/31/98 Officer W, Radelich, #13137 conducted a vehicle inspection on V-1. See attached 31 vehicle inspection report, pages# 10 thrtl 14. 32 33 PaM#2 MR=E)was located laying on Marsh Creek Rd., directly behind V-2 ,dpon my 34 arrival. Due to his injuries, he was transported to Sutter Delta hospital in Antioch. Party 35 BETHKE was identified by a valid Texas driver's license. BETHKE was placed as a party by 36 the following items: 37 38 - personal statements 39 - injuritg*(Seatbelt bruise from the left shoulder leading across and down his chest and 40 stomach), PR.EPARER.'S DAME LD,NUMBER DATE REV'EWER.'S NAME DATE 07121198 APR-05-1999 MON 018. 18 AM %D FAX NO, `, 2535858 P. 08 ,STATE OF CALIFORNIA .� DATC OF INCIDENT TTMC NCIC NUMBIR OFFICE 1.17, Ntlhti3i.tt t77t21f9$ 0050 9320 013645 OAJ187LI j 1 - being registered owner 2 -out of state driver's license 3 4 Ve i le 2 (Chg.S-10),0), Upon arriving on scene, V-2's headlights were on. V-3 was located on 5 its wheels facing in a northerly direction Erin Marsh Creek Rd. V-I sustained total front end 6 traffic collision damage. Refer to factual diagram for measurements on V-t at rest. 7 8 Can 7/31/98 Officer W. Radelich, #13137 completed a vehicle inspection on V-2. Sec attached 9 vehicle inspection report, pages# 15 thru 19, 10 11 1!HJ51 ' Lt..ENa IE: Paint transfers, gouge marks in roadway, injuries, and vehicle 12 damage. See Factual Diagram and Physical Evidence Legend for measurements and position 13 on roadway. 14 I5 STATEMENTS- 16 TATM -I6 17 Pn 11;QA1 IL: sJ. Was contacted in the emergency room of Sutter Delta Hospital, He 18 related he was an his way home to Stockton from Concord after bowling. He was traveling, EfB 19 on Marsh Creek Rd. at a speed of approximately 40 to 45 mph. He observed another vehicle 20 (V-2) coming towards him WB on Camino Diablo. The vehicle had it's high beams activated. 21 The bright lights caused him to look more towards the center of the roadway. He dict not 22 realize that the vehicle had pulled out into his path until just prior to impact. His vehicle was 23 struck head-on. He does not know if the other vehicle stopped for the stop sign because he was 24 too far back. 25 26 Parfy#2.(REJEUMi Was contacted at the Sutter Delta Hospital. He related he was traveling 27 WB on Camino Diablo on his way home from work in Livermore. He believes he stopped for 28 the stop sign at Marsh Creek Rd. He observed one other vehicle on the roadway approaching 29 his location E/B on.Marsh Creek Rd. with it's high beams activated. He looked in both 30 directions and did not see any other traffic. He proceeded W/B on Marsh.Creek ltd. at a speed 31 of approximately 35 mph. Suddenly, his vehicle collided head-on with the other vehicle (V-I). 32 He said he did not recall seeing V-I's headlights prior to entering onto Marsh Creek Rd. He 33 said he thinks the driver may have turned his lights off. He also related that he was unsure what 34 may have happened. 35 36 Pass=gcr(i AMMDA-Erwin) was located in surgery at Jahn Muir Hospital. Due to his fatal 37 injuries, E. OAMMDA was unable to provide a statement. i contacted Dr. Kerlin who was E. 38 OAMILDA.'s surgeom She told me that E. OAMIL.DA had died in surgery, due to massive 39 head and interd'9 trauma. 40 PMFA1t2R'S N"F. Lo.NUMBER DAIS REVrlEWER'S NAME DATE Ar 07/11195 APR-05-1999 MON 08: 17 AM ',D FAX NO, 25358055 P, 09 STATE OF CALIFORNIA blABRATNEIL Y� [DATE OF INCIDENT TIME NCIC NUMLsGEt L 7FICL R I.D. NI MarIIt 07/21/99 0450 9320 013645 0A1187L 1 r45t Y' t Eassenaerr CIRTC EE was contacted at the Emergency room of Jahn Muir Hospital. TRICHC ? said she was asleep in the right front passen e'seat of V:-.] when this traffic collision incurred. a She further related that E, OAMILDA was sitting behind the driver of V-1, She said site knew 4 where he was sitting because she gave hien her coat to keep warm. She further stated that he 5 was laying down towards the right rear passenger seat. TRICHE was unable to provide any 6 information regarding this traffic collision. 7 9 OPINION'S AND-CONCLUSIONS 9 10 51MAR ., This collision occurred as V-1 was eastbound on Marsh Creek Rd. at a speed of 11 approximately 45 mph and approaching Camino Diablo Rd. V-2 was traveling W/B on 12 Camino Diablo Rd. at a speed of approximately 35 mph. V-2 stopped at the step sign at Marsh 13 Creek Rd. P-2 observed V-Ps headlights approaching from EB Marsh Creek Rd. P-2 then 14 looked to the right to check for WB vehicles. While looking to the right,P-2 lost sight of V- 15 I's headlights. P-2 proceeded onto W/B Marsh Creel:Rd. P-1 saw V-2•s headlights 16 approaching and thought V-2 was going to stop. V-2 then proceeded out onto Marsh Creek Rd. 17 directly into the path of V-1. The front of V-2 hien struck the front of V-1. 18 19 IINTOX1CATTQN: Due to the physical injuries that P-1 and P-2 suffered in this collision, I 20 was unable to obtain full statements and administer Field Sobriety Tests (FST's). Upon 21 contacting P-1 and P-2 in the Emergency Room at Sutter Delta Hospital, both parties 22 voluntarily submitted to blood tests. Both tests were taken by Sandra.Beecher,a licensed 23 clinical laboratory technologist. The samples were transported to the MDF refrigerator 24 container, 25 26 On 08/04/98 the results of both blood tests were completed. Both returned showing no alcohol 27 present in the blood. Refer to evidence#2293 and#2296. 2 29 AREA OF AGI,The arca of impact was 128 feet w/ofthe w/limit line of Camino Diablo 30 Rd. and 13 feet s/of the n/rdwy edge ofMarsh Creep Rd. This was established by debris in the 31 roadway and the statements of the drivers, 32 33 1 jF* P-2 (BETHKE) caused this collision by being in violation of Vehicle Cod -section 34 21802(x), failure to yield right of way at stop sign. This cause was established by physical 35 evidence, statements, points of rest of the involved vehicles, and damage to the involved 36 vehicles. 37 38 RFQ2MM .NDA3:1 N�„S 39 PREPARER'S NAME f.D..yN*UM/B♦ER }D�AJT�yE / REVIEWER'S NAME DATE T \ X &T9'TT'r.?^? (1!iA45 l 7/21/98 APP-05-1999 MON 08: 17 AM "_D FAX N0, 2535858 P. 10 .STATE OF CALIFORNIA DNrL:Ur-INCIDENT TIME NCIC NUMBER 0FRCER LD, NUM13171k 67/21/99 0050 9324 013645 0A i l S 7 L 1 I i recommend a copy of this report be sent to the Contra Costa District Attorney's office an;l 2 request that P-2 be prosecuted for I92(c)(2)PC, misdemeanor vehicular manslaughter without 3 gross negligence. This charge can be established by the fact that P-2 failed to clear the roadway 4 from oncoming e/b traffic on Marsh Creek Road, leading to this fatal traffic collision. 5 PREPAM'5 NAME M SER DATE RirMW'ER'S NAME DATE 011645 07121198 APR-0x5--1999 ICON 08,' 17 AM '.D FAX N0, 2535858 R, 11 STATE OF CALIFORN3A NARRATIVE/SUPPLEMENTt--, PAGE Ju oxrE OF!NY 11571. TIME NCIC NUrfIILR 0I i-IC[ (I.D. NUMBER 07/21/98 0050 09320 13(45 7-281 Vehicle In5-pr tt At the request of Officer J. Martinez, I conducted a vehicle inspection on a 1998 Chevrolet S-10 pickup, which was involved a fatal traffic collision on Marsh Creek Rd, west of Camino Diablo on July 21, 1998. On July 31, 1998 at 0800 hours I arrived at American To%v to perform the inspection. Loot American Tow 5017c Form Dr. Concord, CA. 94.517 (510) 682-8122 yehide 1998 Chevrolet S-10 2 Dr. Vin# Ig=14494-122S'11 Cal Plate # 5UO0415, exp. 4/99 Odometer 4046 Registered Robert Bethke 12510 Marsh Creek Rd Clayton, Ca. 94.517 ti o r1otTrh 0313137 07131198 APR-06-1999 MON 08; 17 Alf '.17 FAX N0. Y;.2535888 P, 12 STATE OF CALWCJRNIA NARRATWEISUPPLEMENTA ,rt Pa,Gc )t DATC OF 1NCIDCNT THE NCIC NUMBER br-P CER t.L7. NUNWER 07/21198 005O 0932O 13645 7-281 Gene . 'on The involved vehicle was a 1998 Chevrolet 5-10. This Chevrolet truck is a green 2 door pickup, with a 2.2 liter 4 cylinder engine and a rear wheel drive 5' speed manual transmission, The Chevrolet also has power assisted disc/drum brakes and power assisted rack and pinion steering. There are lap/shoulder safety belts at the driver and right front passenger seating positions and lap belt in the middle seating position. There+ was extensive damage to the front end of this Chevrolet. The damage indicated the Chevrolet impacted an object as it was traveling forward and slightly to the right. Damage was observed across the entire front end of the vehicle. The Chevrolet hit at the left front corner of the bumper first and then the front end compressed rearward until the 'entire front end of the vehicle was involved. Induced damage extended from the left side of the truck, across the hood, and dawn the right side of the truck. The bed of.the Bruck was shifted upand to the left, and the windshield was smashed. The left front tiro was torn and the left outer portion of the wheel was bent. The left front end of the truck was pushed inward approximately 18 inches. Induced damage was also obsmed over the roof line of the vehicle. Bralies Both the front and rear brakes are activated by foot pressure to the master cylinder through the vacuum power assist unit: and brake pedal. The pressure applied to the master brake cylinder by the brake pedal, pushes hydraulic 'brake fluid through the brake lines to the rear wheel cylinders and the front brake calipers,thereby activating the brakes. The master cylinder was located on the fire wall in the engine compartment. The master cylinder is constructed of a composite aluminum and uses a plastic reservoir to store brake fluid. There were not any discernible or detectable exterior brake fluid leaks to the entire system, Exterior leaks were checked visually, checking the brake lines from the master brake cylinder to each braking device, with none being noted. Master cylinder pressure could not be tested due to the floor pan being;pushed up into the brake and clutch pedals. The front braking system uses one 11 inch disc brake rotor on each side of the car. Tire front brake pads are applied by one, single piston, brake caliper at each rotor. The front brake pails displayed approximately .4 inch of brake material rerna piing on each of them. Bath the left and right front brake rotor surfaces were unremarkable. The remainder front braking system was unremarkable. P 'S f, L h N UA L-b Radelich 0131. 7 07131198 &M-05-1999 MON 08,' 17 AN ',D FAX K 2535858 STA7 OF CALIFORNIA � 13 NA,RRATIVEISUPPLEMENTAL\ PAGE 12- U.t1 F:0 ?NCIM C?.I T 3I IC NUMUCtt OFFICER l.t). NuMBER 07121/98 0050 09320 13645 7-281 The rear braking system uses one 9 112 inch brake churn on each side of the car. The rear brake shoes are applied by one, dual piston, wheel cylinder at each drum. All four rear brake shoes displayed approximately .3 inch of brake material remaining on each of them. Both the left and right rear brake drum surfaces were unremarkable. The remainder rear braking system was unremarkable. The steering system is controlled by manual input through the steering wheel from the driver. This rotational input is transmitted to the rack and pinion steering through a shaft which extends from the steering wheel through the fire wall to the fire wall mounted rack. The rotational input into the rack and pinion steering will push or pull on the steering arms, thereby turning the front wheels to either the left of the right. The left and right sides of the steering showers no previous damage or defects. The steering system showed no signs of prior defects or damage. Seat hg1ts The right front belt was in its retracted position and showed no signs of defects. The drivers side seatbelt was also retracted. A scorch was found on the inner upper portion of the belt where it makes contact with the harness. This possible resulted from berg worn when the collision occurred. The drivers seatbelt showed no signs of defects. iires i The tires on this Chevrolet S-10 were manufactured by Uniroyal.. The tires were all size P2O5-75-R13. The tire tread depths and air pressures are as follows: Tire Trend Air R sure Right.rear .3 inches 34 psi Right front .3 inches 0 psi Left front .3 inches 0 psi Left rear 3 inches 34 psi The tires and wheels showed no signs of prior defects. The left front tire had a large tear in the side wall, possibly due to the left front fender being pushed into it. The right front tire was flat, probably due to the rim being bent during the collision. ?REPAMIS 16M. I.D. A N�.4fE DATb R-adel ich 013137 07131198 APR-95-1999 MON 98: 17 AM '9 FAX K0. 2535858 P. 14 STATE OF CAL►FORN2A NARRATJVEISUPP'LEMENTA-.�.. PROF- 13 'BA-TE of INCIDENT TIME NC1C NUMBER OFFICE 175. NUMBER 07/21/98 0050 09320 13545 7-281 +Cold t r©n After completing a mechanical inspection on the above vehicle, it is my opinion that there were not any prier mechanical defects which would have caused or'contributed to this incident. PAIE PR A N i.D I3A .�K Radelich 013147 07131198 APR-05-1999 MON 08: 17 AM ,,:.D FAX K0. 2535858 P 15 STATE Or CALIFORNIA NARRATIVF'ISUPPLEMENTAI., PAGE 4- U.17C oi-tNCIDI-",NT TIME NCIC NUMBER OFFICER I.D. NUNIDEIt 07/21/98 0050 09320 13645 7-281 j:Y, YY. 'y :lV LOG, ROLL Vthrlel}�rpeedon,1998CJrevrotetS-IlJ --• :r'. pliL7 O.I r ryJ:'.� +r•� ? w 'zD sCriptlOA ; 1 Right front corner 2 Front 3 Front close 4 Left front 5 Left front close 6 Left front close 7 Left side . 8 Left side close 9 Left rear 10 .Rear 11 Might rear 12 Right side PHOTO LOG ROLL #2 1 Interior left side 2 Interior right side 3 Front left side 4 • Front right side 5 Front # b Front close 7 Right front close 8 left front close Waal N 11.) D4 A 'S'NAME IJA lb Radelich 013237 07131198 qPR--06-1999 MON 08: 17 AN r 'D FAX N0, 2535858 P. 16 S i ATE-of CALIFORNIA 1ghRRATIVE/SUPPLEMENT'AL.., PAGE I 0AT1:17F 1NCIDENr TIME NCIC NUMBER off ICE P.1.D. NUMBER 07/21/98 0050 09320 13645 7-281 v�h l pgcfl fjn At the request of Officer J. Martinez, I conducted a vehicle inspection on a 1997 Honda Civic, which was involved a fatal traffic collision on Marsh Creek Rd, west of Camino Diablo on July 21, 1998. On July 31, 1998 at 0800 hours I arrived at American Tow to perform the inspection. Location Americans Tow 5017c Form Dr. Concord, CA 94517 (510) 682-8122 Vehide 1997 Honda Civic 4 Dr, Green 'V'in# 2hg d6574vh580S63 Cal Plate #3WQG293, exp. 8/98 Odometer 35462 Registered vtmer Roderick or Mazy Engazurg 2917 Amherst Dr. Stocton, Ca. 95209 r ZAPAM r 'S NAME T.b. D `1'E -S NAME Radelich 0131.37 07131/98 APR-05-1999 MON 08: 18 AMD FAX N0, 2535858 P, 17 STATE of CALIFORNIA NA�tf�.�,'�JVbSUP.Pl.EMENT ' . PAGE 1:0 DATE or INCIDENT TIME NCIC NUMBER OF FICER I.0. NWAaC-R - - 07/21/98 005O 0932O 13645 7-281 cell r+Ctt Iiiection The involved vehicle was a 1997 Honda Civic. This Honda is a green 4 door sedan, with a 1.6 liter 4 cylinder engine and a front wheel drive 5 speed manual, transmission. The Honda also has power assisted disc/drum brakes and power assisted rack and pinion steering. There are lap/shoulder safety belts at the driver and right front passenger seating positions and lap/ shoulder belts in the left and right rear seating position. There is a lap belt in the rear middle seating position. There was extensive damage to the front end of this Honda. The damage indicated the Honda impacted an object as it was traveling forward and slightly to the left. Damage was observed across the entire front end of the vehicle. The Honda hit at the right front corner of the bumper first and then the front end compressed rearward until the entire front end of the vehicle was involved. Induced damage extended from the left and right side of the Honda and across the hood. The windshield was smashed, the roof was buckled, and both front seats were twisted.. The left front tire was flat and the wheel was bent. Brakes .Both the front and rear brakes are activated by foot pressure to the master cylinder through the vacuum power assist wait and brake pedal, The pressure applied to the master brake cylinder by the brake pedal, pushes hydraulic brake fluid through the brake lines to the rear wheel cylinders and the front brake calipers, thereby activating the brakes. The master cylinder was Iocated on the fire wall in the engine compartment. The master cylinder is constructed of a composite aluminum and uses a plastic reservoir to stare brake fluid. Although the master cylinder was pushed up and into the fire wall, there were not any discernible or detectable exterior brake fluid leaks to the entire system. Exterior leaks were checked visually, checking the brake lines from the master brake cylinder to each braking device, with none being noted. Master cylinder pressure could not be tested due to the floor part being pushed up into the brake and clutch pedals. The front braking system uses one 10 inch vented disc brake rotor on each side of the car. The front brake pads are applied by one, single piston, brake caliper at each rotor. The front brake pads displayed approximately .25 inch of brake material remaining on each of them. Both the left and right front brake rotor surfaces were unremarkable. The remainder front braking system was unremarkable. F ARE 'S NAME 1 r).KWHER A S NdAa— DATE l`t.adelich 013137 47/31198 APR-05-1999 MON 08, 18 AM D STATE oP CALI�ORNiA, FAX N0. > 2535858 P. 18 N RRATIVEISUPPLEWENTAL,,"f PAGE 17 VA—TE or.INCIDENT TLML rcIc NUMBER omCLrt I.D. uMS 07/21/98 0050 09320 13645 7-281 The rear braking system uses one 8 inch brake drum on, each side of the car. The rear brake shoes are applied by one, dual piston, wheel cylinder at each drum. All four rear brake shoes displayed approximately .15 inch of brake material remaining on each of them_ Bath the left and right rear brake drum surf-tees were unremarkable. The remainder rear braking system was unremarkable. Steering The steering system is controlled by manual input through the steering wheel from the driver. This rotational input is transmitted to the rack and pinion steering through a shaft which extends from the steering wheel through the fire wall to the fire wail mounted rack. The rotational input into the rack and pinion steering will push or pull on the steering arms, thereby turning the front wheels to either the left of the right. The left and right sides of the steering showed no previous damage or defects. The steering system showed no signs of prior defects or damage. Sells The right front belt was slightly pulled out and wedged in the twisted right front seat. The belt showed no sighs of defects. The left front belt had been cut by respondingfire department personnel. This belt showed no signs of prior defects. The left rear seat belt was pulled out and tied to the left rear door by the tow operator. This belt also showed no signs of defects. The fright rear belt was in a retracted position and was unremarkable. The middle belt was lying across the rear seat and showed no signs of defects. The tires on this Honda were m a nlfactured by Firestone. The tires were all size P185-65-R.I4-85s. The tie tread depths and air pressures are as follows. Tire Tread Dcpl Air Pressure Right rear .2 rhes 24 psi Right front .I inches 26 psi Leh front .1 inches 0 psi Left rear .2 inches 24 psi The tires and wheels showed no signs of prior defects. •x.r VATE PR. `S NAiN'E T.D.NtIMm3�R TlA R 'S NAA+flr Radelich 0131$7 07131198 - _ _- -TATE OF CALIF'ORN1A DATE OF INCIDENT TIME NCiC NUMBER o ceii LD. RAGS i,•,v NUMBER 67/21/93 0050 9320 013645 OA i 8 7L I h aab Creek Rd, W Double Yellow Lines V-1 5 N v E Edge line V-2 Edge line 1 B C b - 1 I r e F e n r Roadway Edge e t 4-L D 1 r t S C0 h o U ti S d 0 e 1 EIS W/o v r 6 s�EC b (Not To Scale) c Dirt 10` , g� 1 Edge Urw Edge use Camino Diablo EMW/C�1 1''2 7993 1 MEI'A'S NAME i rX Nt NDMt DATE A9"nRWMt'S NAhW DATE J MART M2 ',13645 07f11198 a � — — iir•rY�i1f�Y��� 'd 8588£8 8H6 'OSI Xdd 713f0 WV 81 :80 NOW 6661-80-�de APP-05-1999 BION 08,' 18 AN '1.D FAX N0. ;. 2535858 P. 19 STAT15 OF CtaLIf-'O' tN#A ' NARRATIVIf/sl. PPLEME TAl. PAGE 8 VATL OF INCtf}tiNT T3ME NCIC NVMSEA Cft, -,LD. �"`"�` �IU�t�i�:K 07/21/98 0050 09320 13645 7-281 CQllCILISiflL'1_S After completing a mechanical inspection on the above vehicle, it is my opinion that there were not any prior mechanical defects which would have caused or contributed to this incident. rQA $ n x Radelich 113147 07131198 ASR-05--1999 MON 08: 18 AN 4,D FAX NO. 2535858 P. 20 STATE OF LAL7t-U�tNLA NARRATIVS1SUPPLEMENTAL -- PAGE �7 -,DATE OF INCIDENT TIME' NCiC NUMBER O ICER LD. NUMBER 07/21/98 0050 09320 13545 7-281 +,� vst•'t� ' S' ,• •'di.t7r:/F ��:J.� r �:JX r •,,�rJr'xr'.`�s t, ik%WS y r eJ 7s ��tr 'h. '! �.,�� ,fin+` � Mf7f�i•' ����� t ,��~'..�a��. �11C3t��`:'..�r��,�°"y '�SGIl�}IIC�r rii�!"�w"'�r� .r. I,vr'.:.+Z'•'0,���!.�' I Right 2• Might front corner 3 Front 4 Front close 5 Left front 6 Left front close 7 Left side 8 Left front side 9 Left middle side 10 Left rear side 11 Left rear 12 Rear PHOTO LOG ROIL #2 1 Right rear 2 Right side 3 Windshield and hood 4 Interior left front , 5 Interior left rear 6 Interior right front 7 Interior right rear 8 Front 9 Front close 10 Left front 11 Left front close 12 Left front =AM'S gAME -- C.D...Ntlua tt --�- --- bATE �`S NAM UATh Radelieh 013147 07131198 SPR-05-1999 110N 08, 18 AM D FAX N0, 2535858 P. 21 %&TATE OF CA°tLtrORNI1 r 'Wn "'""'-. PAnF DATE OF INCIDENT TIME NCUC NUMBER OFFICER I.D. NUMBER OW21198 0050 9320 013645 OA3187L1 7� .h Creek Rd. w S N Physical Evidence; 1. Gouge Marks- 128' Wtof E the limit line of WIB Camino u.z Diablo, and 13'Slof the N. edge line of Marsh Creek Rd. (Area of Impact) 2. Scattered debris-broken glass, broken veh. parts. V 1; rlf 7'Slof N. edge fine of Marsh Creek Rd.; X 5'Slof N. edge line of Marsh Creek Rd& 133'Wlof the limit lime of Camino Diablo. V2. OF 3'Nof N. edge line of Marsh Creek Rd; k f on edge line; r1r 120'Wlof the limit line of Camino Diablo. Fictual Diagram (Not To Scale) (atf measurements appr=.and taken wl to!{-a-taps) stop Car»iri�r t�iat�l� 7193 1 PREPAROVS NAME I.D.NUMBER DATE REViE` MVS NAME DATE T MART1 —P7 r 0136d5 07/21/99 f: k: EXHIBIT t: F a w F z 0 w AT7"JitxEY►7R Pfi iM 1VfWU7 ATTORNEY(NAME ANO AC .35): xEl @Pt � FOR COURT USE ONLY (925)253-5800 Andrew R. Gillin State Bar No. 45226 1-2 GILLIN, JACOBSON, ELLIS & LARSEN { � , 2 Theatre Share, Suite 230 0 ©rinda, California 94563 insert nam of court judkw disinct or F.UFN court U airy, and post a ce and street address: Superior Court of California County of Contra Costa* 0^. .r-... : 1020 Ward Street Ct"�f�Ct FA�t�,1G?�lfCl Martinez, California 94553 ------ PtAMFF: MILJOY S. TRICHE DEFENDANT: RODERICK ENGALING; ELVIN TAHON OAMILDA; ROBERT WADE BETHKE; DOES 1 TO 10, inclusive Co DOES i To 14 r inclusive FIRST ABED COMPLAINT Personal Injury,Pjr2Lmrty Damage,Wrongful Death ZrASENUMBER: Q MOTOR VEHICLE OTHER(specify): Q Property Damage Q Wrongful Death Q Personal Injury ( Other Damages(specify): { 1-. This pleading, including attachments and exhibits, consists of the following number of pages: 2. a. Each plaintiff named above is a competent adult Q Except plaintiff(nature): Q a corporation qualified to do business in Calhbmia an unincorporated entity(describe): a public entity(describe): Q a minor Q an adult j� for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specdy): Q other(specify): Q Except plaintiff(name): Q a corporation qualified to do business in California an unincorporated entity(describe): Q a public entity describe): ® a minor an adult Q for whom a guardian or conservator of the estate or a guardian ad litern has been appointed other(specify).- other specify):other(specify): b. Plaintiff(name): is doing business under the fictitious name of(specify): and has compiled with the fictitious business name laws. c. [ information about additional plaintiffs who are not competent adults is shown in Complaint- Attachment 2c. (Continued) EXHIBIT `mAypmeabyMe COMPLAINT - Personal Injury,Property Damage, CCP 425.12 :w cow of CaKomm Isis Wrongful Death IPEi°MONEWPLAINMFF: Miljoy S. Tr the CASE NWBER -RESPONDENTIDEFENDANT. Roderick En alias ; Elvin Tabon et al. ATTACHMENT 3c. The true names or capacities, whether individual, corporate, associate or otherwise, of Defendant DOES 1 - 10, inclusive are unknown to Plaintiff, who therefore sues said Defendants by such fictitious names. Plaintiff is informed and believes and thereon alleges that each of the Defendants designated herein as DOE is negligently and legally responsible in some manner for the events and happenings herein referred to, and negligently caused injuries and damages thereby proximately to the Plaintiff as herein alleged. SHORTTITLE: Triche v. Engaling rnesr +�urca COMPLAINT Personal Injury, Property Damage,Wrongful Death (Continued) POPOV** 7.Q The damages claimed for wrongful death and the relationships of plaintiff,to the deceased are listed in Complaint - Attachment 7 as follows: 8. Plaintiff has suffered (Z1 wage loss ] loss of use of property hospital and medical expensesX�, general damage Q property damage Q low of earning capacity �j other damage(specify): 9. Relief sought in this complaint is within the jurisdiction of this hurt. 10. PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is lair, just, and equitable; and for compensatory damages ] (Superior Court)according to proof. (Municipal and Justice Court)in the amount of$ CE other fspecify): Prejudgment Interest at 10% per annum (pursuant to Civil. Code Section 3291) 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have ;r one or more causes of acttorn attached.) Motor Vehicle [� General Negligence ® Intentional Tort Products Liability Premises Liability Other(specify): State Bar No. 45226 Andrew R. Gi.11in (Typ*or print s. . (iigmamm or pmktw or N*muy) Rule 9V.:(,)(*'d) COMPLAINT - Personal Injury, Property Damage, P*gotwe. SHORTTnIE- Miljoy `l~riche CASE NUMSEP: FIRST CAUSE OF ACTION -Motor Vehicle Page 4 ATTACHMENT TO M Complaint CJCross-Complaint (Use a separate cause of action form for each cause of action.) PlaMfl(name): Miljoy S. Triche MV-1. Plaintiff alleges the ads of defendants were negligent; the acts were the legal(proximate)Cause of injuries and damages to plaintiff; the acts occurred on(date): July 21, 1998 at(place): Marsh Creek Road, East Bound, 128 feet West of Camino Diablo, County of Contra Costa, State of California MV-2. DEFENDANTS a. lam]The defendants who operated a motor vehicle are (names):Elvin Tabon Oamilda, Robert Wade Bethke, and hoes 1 to 10 CK]Does 1 to 10 b. M The defendants who employed the persons who operated a motor vehicle in the course of their employment are(names): Elvin Tabon Oamilda, Robert Wade Bethke, Roderick Engaling, and Does 1 to 10 ®Does.,.. to 10 c. CXl The defendants who owned the motor vehicle which was operated with their permission are(names): Roderick Engaling, Robert Wade Bethke, and Does 1 to 10 M Does to 10 d. [ ] The defendants who entrusted the motor vehicle are(names): Roderick Engaling, Robert Wade Bethke, and Does 1 to 10 CKI Does 1 to 10 e. a]The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): Elvin Tabon Oamilda, Robert Wade Bethke, Roderick Engaling, and Does 1 to .10 M Does I to 10 f. C:] The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are Q listed in Attachment MV-2f Q as follows: C Does to F"""AWavowla`dej'O CAUSE OF ACTION - Motor Vehicle CCP 425.12 JtxticiN Coundl W CaWortw Ekfadws January 1 IM EXHIBIT C c r t 1 WILLIAM E. GAGEN, JR. CSB 043832 MICHAEL J. MARKOWITZ CSB 107293 2 GAGEN,McCOY, McMAHON&ARMSTRONG A Professional Corporation 1919 JUL 1 t P 2' 1 3 279 Front Street, P.O. Box 218 Danville, CA 94526-0218 x c>; ctti 4 Telephone (925) 837-0585 5 Attorney for Plaintiff ROBERT BETHKE 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 11 ROBERT BETHKE, NO. C 9 9 02768 12 Plaintiff, COMPLAINT FOR DAMAGES 13 Vs. 14 COUNTY OF CONTRA COSTA, PER LOCAL RULE 5 THIS SPECIAL ADMINISTRATOR.OF THE CASE IS ASSI 15 ESTATE OF ELVIN TABON DEPT �V�D TO OAMILDA, DECEASED, RODERICK 16 ENGALING, and DOES 1-200 inclusive, 17 Defendants. i8 19 COMES NOW Plaintiff, ROBERT BETHKE, and alleges as follows: 20 GENERAL ALLEGATIONS 21 1. Defendant County of Contra Costa is, and at all times herein mentioned was, a 22 county duly organized and existing under the laws of the State of California. 23 2. Plaintiff is ignorant of the true names and capacities of Defendants sued herein Lave Offices GAGEN,MccoY,24 as DOES 1-200, inclusive, and therefore sues these Defendants by such fictitious names. McMAHON& ARMSTRONG 25 Plaintiff will amend this complaint to allege their true names and capacities when A Professional corporation 26 ascertained. Plaintiff is informed and believes, and based thereon alleges, that each of 279 Front Street Danville.CA 94526 (925)937-0585 COMPLAINT FOR DAMAGES EXHIBIT t'I.('.00/ 2Ccnntpiaint•pdLwpd i said fictitiously named Defendant is responsible in some manner for the occurrences 2 herein alleged, and that Plaintiff's injuries as herein alleged were proximately caused by s their acts. 4 3. Plaintiff is informed and believes, and based thereon alleges, that at all times s herein mentioned Defendants, and each of them, were the agents, servants, employees 6 and/or joint venturers of the other co-Defendants, and were acting within the scope, 7 course and authority of said agency, employment and/or joint venture, and were acting s with the knowledge, permission, consent and authorization of each of their co- g Defendants. 10 4. Marsh Creek Road, approximately 128 feet west of Camino Diablo in an 11 unincorporated area in the Delta Judicial District of Contra Costa County, is, and at all 12 times herein mentioned was,within the jurisdiction of the above-entitled court. 13 5. At all times herein mentioned, Defendant County of Contra Costa was a public 14 entity, owning, constructing, maintaining, repairing and controlling public roadways 15 within the County of Contra Costa, including,but not limited to,Marsh Creek Road in 16 Contra Costa County, and particularly that portion of Marsh Creek Road which is located 17 approximately 128 feet west of Camino Diablo in an unincorporated area in the Delta 18 Judicial District, County of Contra Costa, State of California. 19 6. Pursuant to Government Code Sections 900 et seq., Plaintiff filed a timely 20 "Notice of Claim and Claim for Personal Injuries" with the clerk of the Board of 21 Supervisors of Contra Costa County. Said Notice of Claim and Claim was served on said 22 clerk on January 15, 1999. A copy of said Claim and of the accompanying Declaration 23 of Personal Service is attached hereto as Exhibit"A" and made a part hereof. Law Offices GAGEN,mccoY,24 7. The Board of Supervisors of Contra Costa County rejected said Claim on McMAHON& ARMSTRONG 25 February 23, 1999, a copy of said rejection is attached as Exhibit "B" and made a part A Professional Corporation 26 hereof. 274 Front Street Danville,CA 44526 (925)832-0585 COMPLAINT FOR DAMAGES "-2r I:'CLWp:t;\31324\complaint-pdg.wpd I 1 FIRST CAUSE OF AC'T'ION Dangerous Condition of Public Property_/Dan eg rous Condition 2 of Roadway Created by Public Entity 3 8. Plaintiff ROBERT BETHKE hereby incorporates by reference Paragraphs 1 4 through 7, inclusive, of the General Allegations, as though set forth in full herein. 5 9. On or about 12:50 a.m. on July 21, 1998, Plaintiff ROBERT BETHKE was 6 driving his 1998 Chevrolet, bearing State of California license plate##5U00415, in a 7 westerly direction on Marsh Creek Road, approximately 128 feet west of Camino Diablo s in an unincorporated area in the Delta Judicial District, Contra Costa County, State of 9 California. 10 Marsh Creek Road, at the point of impact, is a two-way, two lane, east/west 11 asphalt roadway. The eastbound lanes are separated from the westbound lanes by yellow 12 reflectorized markers and double solid yellow lines. Plaintiff is informed and believes, 13 and based thereon alleges, that at said time and place, said roadway is, and was, a trap for 14 unwary drivers in that it was negligently designed, configured, constructed and 1s maintained, so as to cause motorists proceeding eastbound on Marsh Creek Road and 16 westbound from Camino Diablo to westbound Marsh Creek Road,to face a situation 17 where, by the time an oncoming car is seen, it is too late to take evasive action and a 18 head-on collision is inevitable. That roadway is an inherent danger to drivers. 19 10. At all times herein mentioned, that portion of Marsh Creek Road located at or 20 near Camino Diablo located in the unincorporated area of Delta Judicial District, Contra 21 Costa County, California, had a posted speed limit of 54 miles per hour, and consisted of 22 a total of two (2) paved lanes of traffic, one for eastbound vehicles and one for westbound 23 vehicles. Law offices GAGEN,Mccov,24 11. At all times herein mentioned, that portion of Marsh Creek Road located McMAHON& ARMSTRONG 25 approximately 128 feet west of Camino Diablo in an unincorporated area in the Delta A Professional Corporation 26 Judicial District, was in a dangerous condition which created a substantial risk of injury 279 Front Street Danville,CA 94526 (925)837-0W COMPLAINT FOR DAMAGES —3— f-:1CL.WCCi1313241complaint-pdg.wpd 1 when the roadway was used with due care in its intended manner. Plaintiff is informed 2 and believes, and based thereon alleges, that said public roadway was not constructed in 3 accordance with approved design plans; rather, said roadway was constructed in an 4 unsafe design which posed a trap to unwary drivers; that the eastbound lane, at its s intersection with Camino Diablo consisted of one lane which branched to the left as the 6 continuation of Marsh Creek Road or continued straight which became Camino Diablo; 7 that eastbound traffic had no marking or sign to warn of the is sudden curve in the road s and the choice of two directions of travel, nor did it have other sign such as a yield sign to 9 warn of sudden on-coming traffic. Such dangerous conditions were not reasonably 10 apparent to and'would not have been anticipated by motorists using said roadway with 11 due care. 12 Plaintiff is further informed and believes, and based thereon alleges, that at said 13 time and place there were no warning signs concerning the curve in the road or that 14 vehicles traveling in an eastbound direction would make a left turn without stopping, 15 thereby increasing the dangerousness of the afore-described conditions. Such additional 16 dangerous conditions were not reasonably apparent to and would not have been 17 anticipated by motorists using said roadway with due care. 18 12. Plaintiff is informed and believes, and based thereon alleges, that Defendant 19 Contra Costa County, and Does 1 through 50, inclusive, and each of them, created said 20 dangerous conditions in the course of designing, constructing, maintaining and/or 21 repairing said roadway. 22 13. The afore-described dangerous conditions created a reasonably foreseeable 23 risk of the kind of injury which was incurred by Plaintiff. Law Offices GAGEN,lMcCOV,24 14. As a direct and proximate result of the dangerous conditions of said roadway, 1McMAHON& ARMSTRONG 25 Plaintiff ROBERT BETHKE collided head-on with the vehicle being driven and operated A Professional Corporation 26 by Elvin Tabon Oamilda, thereby causing said Plaintiff to suffer the injuries and damages 279 Front Street Danville,CA 94526 (925)837-0595 COMPLAINT FOR DAMAGES —4— 1::\CLWt:(i\31324\complaint-pda.wpd 1 hereinafter alleged. 2 15. As a direct and proximate result of the dangerous conditions created by 3 Defendants County of Contra Costa and DOES 1 through 50, inclusive, and each of them, 4 Plaintiff ROBERT BETHKE, was hurt and injured in his health, strength, and activity, s sustaining injury to his body and shock and injury to his nervous system and person, all of 6 which have caused and continue to cause said Plaintiff great mental and physical pain and z suffering and nervousness. Said Plaintiff is informed and believes, and based thereon s alleges, that the injuries will result in some permanent disability to him, all to his general 9 damage in an amount within the jurisdiction of this court, and which will be shown io according to proof at the time of trial. ii 16. As a further proximate result of the dangerous conditions created by 12 Defendants County of Contra Costa and DOES 1'through 50, inclusive, and each of them, 13 Plaintiff, ROBERT BETHKE was required to employ, and continues to employ, 14 physicians and surgeons to examine, treat and care for him, and did and continues to incur 15 medical and incidental expenses which will be shown according to proof. 16 17. As a further proximate result of the dangerous conditions created by 17 Defendants County of Contra Costa and DOES 1 through 50, inclusive, and each of them, is Plaintiff, ROBERT BETHKE has sustained, and in the future will sustain, a loss of 19 income which will be shown according to proof. 20 WHEREFORE, Plaintiff, ROBERT BETHKE prays judgment against said 21 Defendants, and each of them, as hereinafter set forth. 22 SECOND CAUSE OF ACTION Dangerous Condition of Public Pro eerrVNotice 23 of Dangerous Condition and Failure to Remedy Law Offices GAGEN,McCOY,2 4 18. Plaintiff ROBERT BETHKE hereby incorporates by reference Paragraphs 1 McMAHON& ARMSTRONG 25 through 7, inclusive, of the General Allegations, and Paragraphs 8 through 10, inclusive, A Professional Corporation 26 of the First Cause of Action, as though set forth in full herein. 279 Front Street Danville,CA 94526 (925)83 7-05 85 COMPLAINT FOR DAMAGES —5— F\Cf.WL•G\31324\cornpiaint-pdg.wpd 1 19. At all times herein mentioned, that portion of Marsh Creek Road, 2 approximately 128 feet west of Camino Diablo in an unincorporated area in the Delta 3 Judicial District of Contra Costa County, was in a dangerous condition which created a 4 substantial risk of injury when the roadway was used with due care in its intended s manner. Because the roadway was constructed with an unsafe curve, with the roadway 5 branching off in two directions without clearly defined traffic signs or signals, and only 7 one stop sign governing westbound traffic, Defendants Contra Costa County and DOES 1 8 through 50, inclusive, and each of them, should have posted, in a position visible to 9 eastbound and westbound traffic,warning and advisory signs, or taken other to precautionary measures, to advise motorists traveling on this road of said dangerous 11 conditions in sufficient advance of same so that they could take appropriate measures to 12 traverse said portion of the roadway in a safe manner. There were no advisory signs 13 indicating that eastbound traffic could turn left or proceed ahead without stopping and 14 such dangerous conditions were not reasonably apparent to, and would not have been is anticipated by, motorists using said roadway with due care. 16 20. Defendants, Contra Costa County and DOES 1 through 50, inclusive, and each 17 of them, had actual knowledge of the existence of said conditions, and knew or should is have known, of its dangerous character a sufficient amount of time prior to July 21, 1998, 19 to have taken measures to protect against or remedy the dangerous conditions; and 20 knowing of said dangerous conditions, said Defendants failed to take adequate measures 21 to protect against or remedy said dangerous conditions. 22 21. The afore-described dangerous conditions created a reasonably foreseeable 23 risk of the kind of injury which was incurred by Plaintiff. Law Offices GAGEN,mccov,24 22. As a direct and proximate result of the dangerous conditions created by MCMAHON& ARMSTRONG 2s Defendants County of Contra and DOES 1 through 50, inclusive, and each of their failure A Professional Corporation 26 to post appropriate cautionary, warning or advisory signs, or to take other protective 279 Front Street Danville,CA 94526 (925)837-0585 COMPLAINT FOR DAMAGES —6— l..\C'LWt;Ci\31324\complaint-pdg.wpd 1 measures, Plaintiff ROBERT BETHKE , continued to travel on that portion of Marsh 2 Creek Road located approximately 128 feet west of Camino Diablo in an unincorporated 3 area in the Delta Judicial District of Contra Costa County, unaware of the upcoming 4 dangerous conditions, which resulted in the head-on collision and subsequent injuries and s damages of said Plaintiff as hereinafter set forth. 6 23. Plaintiff, ROBERT BETHKE, hereby incorporates by reference Paragraphs 7 15, 16 and 17 of the First Cause of Action, as though set forth in full herein. 8 WHEREFORE, Plaintiff ROBERT BETHKE prays judgment against said 9 Defendants, and each of them, as hereinafter set forth. 10 THIORD CAUSE OF ACTION Darigerous Condition of Public Propgriy/Constructive 11 Notice of Dangoerous Condition and Failure to Remedy 12 24. Plaintiff ROBERT BETHKE hereby incorporates by reference Paragraphs 1 13 through 7, inclusive, of the General Allegations, and Paragraphs 8 through 10, inclusive, 14 of the First Cause of Action, and paragraphs 18 and 19 of the Second Cause of Action, as 1 r, though set forth in full herein. 16 25. At all times herein mentioned, the afore-described dangerous conditions 17 existed for such a period of time, and were of such an obvious nature that Defendants 18 Contra Costa County and DOES i through 50, inclusive, in the exercise of due care, 19 should have discovered the conditions and their dangerous character a sufficient amount 20 of time prior to July 21, 1998, to have taken measures to protect against or remedy the 21 dangerous conditions; and despite having had the opportunity to take some protective 22 measures, said defendants failed to take adequate measures to protect against or remedy 23 said dangerous conditions. Law Offices GAGEN,MccoY,24 26. The afore-described dangerous conditions created a reasonably foreseeable McMAHON& ARMSTRONG 2s risk of the kind of injury which was incurred by Plaintiff A Professional Corporation 26 27. Plaintiff ROBERT BETHKE hereby incorporates by reference paragraphs 14 279 Front Street Danville,CA 94526 (925)837-05X5 COMPLAINT FOR DAMAGES -7- 1::AC'I-Wl'G13132.4\contplaint-pdg.wpd 1 through 18, inclusive, of the First Cause ofAction, and paragraphs 22 and 23 of the 2 Second Cause of Action, as though set forth in full herein. 3 WHEREFORE, Plaintiff ROBERT BETHKE prays judgment against said 4 Defendants, and each of them, as hereinafter set forth. 5 FOURTH CAUSE OF ACTION Negligence of Defendants Elvin Tabon Damilda and Roderick Eng_aling 6 7 28. Plaintiff ROBERT BETHKE hereby incorporates by reference Paragraphs 1 8 through 7, inclusive, of the General Allegations as though set forth in full herein. 9 29. At all times herein mentioned,Defendant RODERICK ENGALING and io DOES 51 through 55, inclusive, and each of them, owned a motor vehicle generally 11 described as a 1997 Honda Civic bearing California license plate#3WOC293 (hereinafter 12 referred to as the 1997 .Honda Civic). 13 - 30. At all times herein mentioned, Defendant ELV]N TABON OAMILDA was 14 driving said 1997 Honda Civic with the knowledge, consent and permission of Defendant 15 RODE.RICK ENGALING, and DOES 51 through 55, inclusive. 16 31. At all times herein mentioned, Plaintiff ROBERT BETHKE, was driving a 17 motor vehicle generally described as a 1998 Chevrolet pick-up bearing California license 18 plate #5UO0415 (hereinafter referred to as the 1998 Chevrolet pick-up). 19 32. On or about July 21, 1998, at approximately 12.50 a.m., Defendant ELVIN 20 TABON OAMILDA was driving said 1997 Honda Civic in an eastbound direction on 21 Marsh Creek Road, at approximately 128 feet west of Camino Diablo in an 22 unincorporated area in the Delta Judicial District of Contra Costa. County, State of 23 California. Law Offices GAG;EN,Mrcov,24 33. At said time and place, Plaintiff ROBERT BETHKE, was driving the 1998 MCMAHON& ARMSTRONG 25 Chevrolet pick-up in a westbound direction on Marsh Creek Road, approximately 128 A Professional Corporation 2 6 feet west of Camino Diablo in an unincorporated area in the Delta Judicial District of 279 Front Street Danville,CA 94526 (925)837-0585 COMPLAINT FOR. DAMAGES _$_ 1:\CLW[-Ci\31324\complaint-pdg.wpd .�Y.1 • 4 1 Contra Costa County, State of California. 2 34. At said time and place, Defendants ELVIN TABON OAMILDA and DUES 9 51 through 55, inclusive, and each of them, so negligently owned, operated, drove, 4 controlled, entrusted, maintained and/or repaired the 1997 Honda Civic as to cause said s vehicle to collide with Plaintiff's vehicle, thereby proximately causing the hereinafter 6 described injuries and damages to Plaintiff ROBERT BETHKE. 7 35. As a proximate result of the negligence of Defendants, and each of them, a Plaintiff ROBERT BETHKE was hurt and injured in his health, strength and activity, 9 sustaining injury to his body and shock and injury to his nervous system and person, all of to which have caused and continue to cause said Plaintiff'great mental and physical pain and 12 suffering and nervousness. Plaintiff`ROBERT BETHKE is informed and believes and 12 based thereon alleges, that the injuries will result in some permanent disability to him, all is to his general damage in an amount within the jurisdiction of this court, and which will be 14 shown according to proof at the time of trial. is 36. As a further proximate result of the negligence of said Defendants, and each of 16 them, Plaintiff ROBERT BETHKE was required to employ and continues to employ, 17 physicians and surgeons to examine, treat and care for said Plaintiff, and did and is continues to incur medical and incidental expenses which will be shown according to 19 proof: 20 37. As a further proximate result of the negligence of said Defendants, and each of 21 them, Plaintiff ROBERT BETHKE has sustained, and in the future will sustain, a loss of 22 income which will be shown according to proof 22 Y4-IEI EFORE, Plaintiff ROBERT BETHKE prays judgment against Defendants, Law Offices GAGEN,McCOY,24 and each of them, as follows: MCMAHON& ARMSTRONG 25 1. For general damages in an amount within the jurisdiction of this court, and to A Professional Corporation 26 be shown according to proof at the time of trial, 2'79 Front Street Danville,CA 94526 (925)837.0595 COMPLAINT FOR DAMAGES —9— l-�Ct-WECi131324\ccYrnplairt-prig«pd 1 2. For medical and all incidental expenses, and for lost earnings, past, present and 2 future, to be shown according to proof at the time of trial; 3 3. For costs of suit; 4 4. For such other and further relief as the court may deem proper and just. 5 Dated: July 16, 1999 6 GA EN, �[cCQ HARMSTRONG A ro sna7t t , s ichael J. Markowitz Attorney for ROBERT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Law Offices GAGEN,McCoy,24 MCMAHON& ARMSTRONG 25 A Professional Corporation 26 279 Front Street Danville.CA 94526 (925)837-0585 COMPLAINT FOR DAMAGES —10— i `,C LWI:t 1313241compiaint-pdg wpl t; M' F: FEFCp; EXHIBIT D {3 i 3 i i t I J I i P r 0 E n x 3 s s 3 ATT Oaf 12Y OK-PARTY WITHOUT ATTORNE\ 11E ANO ADORESS): TEt�'; 01'VE: FOR COURT USE ONLY - - 4is-39�-I,113 IAN FRASER-THOMSON (STATE BAR NO. 73526) CESARI, WERNER and MORIARTY 360 Post Street, 5th Floor San Francisco CA 94108 ATTORNEY FOR(NAME): Cross-Cant lainant ROBERT WADE BETHKE insert name of court,judicial district or branch court,if any,and past office and street address: SUPERIOR COURT OF CALIFORNIA COUNTY OF CONTRA COSTA 1020 WARD STREET MARTINEZ, CALIFORNIA 94553 SHORTTITLE: OAMILDA v. ENGALING, et al 1 CROSS-COMPLAINANT: ROBERT WADE BETHKE a g t BY: M CROSS-DEFENDANT: RODERICK ENGALING, ELVIN 'TABON OAMILDA Cid)DOES 1 TO 10 CASE NUMBER: CROSS-COMPLAINT- Personal Injury,Property Damage,Wrongful Death C 99-02736 ® Apportionment of Fault [E Declaratory Belief { Indemnification M Other (specify): CONTRIBUTION, PROPER"T"Y DAMAGE 1. This pleading,including exhibits and attachments,consists of the following number of pages: 3 CROSS-COMPLAINANT(name): ROBERT WADE BETHKE SAYS AGAINST CROSS-DEFENDANT(name): RODERICK ENGALING, ELVIN TABON OAMILDA 2. [= The following causes of action are attached and the statements below apply to each: (in the attachments plaintiff means cross-complainant and defendant means cross-defendant) ED Motor Vehicle =Products Liability d General Negligence M Premises Liability Q intentional Tort = Other?(S;:30 fy,'. 3. a. Each cross-complainant named above is a competent adult Except cross-complainant(name): = a corporation qualified to do business in California M an unincorporated entity(describe): = a public entity(describe): r-7 a minor =an adult [�for whom a guardian or conservator of the estate or a guardian ad litem has been appointed C�other(specify): l� Other(specify): b. = information about additional cross-complainants who are not competent adults is contained in Cross- Complaint-Attachment 3b. (Continued) ?arm at councita cine CROSS-COMPLAINT-Personal Injury Property Damm Judicial CaunGl of Cal{fOn11a , .l ,v� P 425. EffsCWG January 1,1982 Wrongful Death Slide 982.1(14) ,SHORT TIT.:r OAMILDA v. et al CASE NUMBER C 99-02736 r CROSS-COMPLAINT- Personal Injury,Property Damage,Wrongful Death Page rwo 4. a. Each cross-defendant named above is a natural person Except cross-defendant(name): CI Except cross-defendant(nacre). a business organization,form unknown a business organization,form unknown =a corporation a corporation =an unincorporated entity(describe): an unincorporated entity(describe): a public entity(describe): a public entity(describek =other(specify): other(specify): b. The true names and capacities of cross-defendants sued as Does are unknown to cross-complainant. c. = Information about additional cross-defendants who are not natural persons is contained in Cross- Complalnt-Attactime nt Ac. 5. ® Cross complainant is required to comply with a claims statute, and a. r7 has compiled with applicable claims statutes, or b. = is excused from complying because(specify): 6. ($] FIRST Cause of Action-indemntfication number a. I am informed and believe that cross-defendants were the agents, employees, co-venturers, partners, or in some manner agents or principals, or both, for each other and were acting within the course and scope of their agency or employment. b. The principal action alleges among other things conduct entitling plaintiff to compensatory damages against me. I contend that I am not liable for events and occurrences described in plaintiff's complaint. c. If I am found in some manner responsible to plaintiff or to anyone else as a result of the incidents and occurrences described in plaintiff's complaint, my liability would be based solely upon a derivative form of liability not resulting from my conduct, but only from an obligation imposed upon me by law: therefore, I would be entitled to complete indemnity from each cross-defendant. 7. ($] SECOND Cause of ActiorvApportionment of Fault numbw I am informed and believe that each cross-defendant was responsible, in whole or in part, for the injuries, if any,suffered by plaintiff. If I am judged liable to plaintiff, each cross-defendant should be required: a. to pay a share of plaintiff's judgment which is in proportion to the comparative negligence of that cross-defen- dant in causing plaintiff's damages and b. to reimburse me for any payments I make to plaintiff in excess of my proportional share of all all negligence. (Continued) Page two SPORT Tl7�E: OAMILDA V. .'ACING, Eat al CASE NUMBER: C 99-02736 CROSS-COMPLAINT-Personal Injury,Property Damage,Wrongful Death (Continued) Page three 8. I 'TEIRI Cause of Action-Declaratory Relief numosr An actual controversy exists between the parties concerning their respective rights and duties because cross- complainant contends and cross-defendant disputes ®as specified in Cross-Complaint-Attachment 8 MI as follows: In the evert that crass-complainant is held liable, said negligence, carelessness, and other acts of omission or commission of cross-defendants, and each of them, is of a higher degree than cross-complainant and thus cross-complainant is entitled to contribution in proportion to each cross-defendant' s negligence, carelessness, acts of omission or commission and cross-defendants, and each of them, said judgment ought to be reduced apportioned according to the proportionate fault of all of said parties as more specifically -set forth in American Motorcycle Corporation v. Su erior Court (1978) 20 Cal%3d 578 and. Daly v. General Motors Caro 9. IM FOURTH (1 978 )) D cause off Action-(Specify): PROPERTY DAMAGE numt:er Cross-complainant incorporates plaintiff' s complaint for reference purposes . As a result of the negligence of cross-defendants, cross- complainant suffered personal and property damages in an amount to be ascertained and/or in an amount according to proof . 10. CROSS-COMPLAINANT PRAYS For judgment for costs of suit; for such relief as is fair, just, and equitable; and for ($� compensatory damages MI (Superior Court) according to proof. Q(Municipal and Justice Court)in the amount of$ lel total and complete indemnity for any judgments rendered against me. judgment in a proportionate share from each cross-defendant. ($ a judicial determination that cross-defendants were the legal cause of any injuries and damages sustained by plaintiff and that Cross-defendants indemnify me, either completely or partially, for any sums of money which may be recovered against me by plaintiff. [Mother(specity): For such other relief as the Court may deem proper. IAN. F>,tASER-THUMSON . . t C7ype or print name) (Signature of Cross-complainant or attorney) CROSS-COMPLAINT - Personal Injury,Property Damage, Page three 58 Ru1e962.1(14)(coma.) Wrongful Death(Continued) CCP 425.12 f PROOF OF SERVICE i 21 1 am a resident of the State of California,over the age of 18 years, and not a party to the within action. My business address is CESARI, WERNER.AND MORIARTY,360 Post Street, Fifth Floor, San Francisco,California, 94108. On September 16, 1999,I served the within 4 document: CROSS-COMPLAINT 5 6 (� by transmitting via facsimile the document(s)listed above to the fax number(s)set 7 forth below on this date before 5:00 p.m. s by placing the document(s) listed above in a sealed envelope with postage prepaid, 9 in the tinned States mail San Francisco,California addressed as follows. 10 11 ❑ by causing personal delivery by of the document(s)listed above to the person(s)L'thc;address(es)set forth below. 12 13 [� by personally delivering the document(s)listed above to the person(s)at the address(es) set forth below. 14 LAW'OFFICES OF MELANIE DARLING David J.Satnuelsen 1300 Clay Street,#600 BENNM,SAMUELSEN,REYNOLDS&ALLARD 15 Oakland,CA 94612 1951 Webster Street,Suite 200 Oakland,CA 94612-2940 16 ?7 I am familiar with the firm's practice of processing mail. Under that practice it would be 18 deposited with the U.S. Postal Service on that day with postage thereon prepaid in the ordinary 19 course of business. I am aware that on motion of the party served,service is presumed invalid if 20 postal cancellation date/postage meter date is more than one day after date of deposit for mailing 21 in affidavit. 22 23 1 declare under penalty of perjury that the above is true and correct. 24 25 Executed on September 16, 1999,at San Francisco,California. 26 27 28 LORENIA RAMMEZ