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HomeMy WebLinkAboutMINUTES - 01272004 - C12 CLAIM (41,00' B0AB2 2F§UZERVI§QRS-OF CONTRA CQTA COUNTY BOARD ACTION;'JANUARY 27,, 2004 Claim Against the County, or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action: All Section references are to } The copy of this document mailed to you is your California.Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph N below), given Pursuant to Government Code Section 913 and x915.4. Please note all"Warnings" AMOUNT: IN EXCESS OF 25,000.00` CLAIMANT: EZATOLLAH SAIIDNIA AND JANI TSENG AGAINST CON$ RA.COSTA�COUNTY ATTORNEY: AARON T S CHULTZ DATE RECEIVED: DECEMBER 22, 2003 ADDRESS: KNOX RICKSE'N, LLP BY DELIVERY TO CLERK ON: DECEMBER 22� 2003 2101 WEBSTERSTREET, SUITE 650 - OAKLAND, CA 94612-3069 BY MAIL POSTMARKED. DECEMBER 19, 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. . JOHN SWEE%Jq#tk Dated: DECE{�1BER 22, 2U0 By: Deputy I I NOM County Counsel.. TO. Clerk of the Board of SUP ors This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant.'The Board cannot act for 15 clays(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: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV, ARD ORDER.: By unanimous vote of the Supervisors present: s (W This Claim is rejected in W. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 02" JOHN SWEETEN,CLERK,By ,Deputy Clerk WARNING(Gov code section 13) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter.If you want to consult an attorney, you should do so immediatel . *For Additional Warning See Reverse Side of This Notice: AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now,and at all times herein mentioned,have been a citizen of the United States,over age 18; and that today I deposited in the United States Postal Service in Martinez,California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 6ZWJOHN SWEETEN, CLERK.By Deputy Clerk Claim against public entity,County of Contra Costa Clerk of the Board 651 Fine Street ct ' Martinez California 94553 (925)335-1900 afi <d� To County of Contra Costa: You are hereby notified that EZATOLLAH SAIIDNIA and JANI TSENG, by and through their attorneys,Knox Ricksen LLP, hereby make a claim against Contra Costa County in an amount according to proof and in excess of$25,000.00: a. Claimant's post office address, by and through his attorneys, Knox Ricksen LLP, is as follows: 2101 Webster Street, Suite 650, Oakland, CA 9461-3069. b. Notices concerning the claim should be sent to this same address. C. EZATOLLAH SAI DNIA and JANI TSENG, defendants in the case ofNorthern California Regional Liability Excess Fund and Discovery Reinsurance Company v. County of Contra Costa et. al., Superior Court of California, County of Contra Costa, unlimited jurisdiction case number MSC03-02135, were served with the complaint on or about October 29, 2003. d. The circumstances giving rise to this claim are as follows: Plaintiffs, Northern California Regional Liability Excess Fund(NCR)and Discovery Reinsurance Company(DRC},allege in their complaint for damages against Defendants/Claimants,Ezatollah Saiidnia and Jani Tseng,that water flowed over the banks of San Ramon Creek near property owned by the San Ramon Valley School District,thereby entering the school district's property and causing damage and destruction of real and personal property owned by the school district, and that this damage was in excess of $3,749,099.13. The plaintiff's further allege that the defendants, and each of them, failed to maintain the creek, easements and easements offered for dedication and nearby area, from the unobstructed flow of storm water and all other water entering and flowing within said creek, and that defendants failed to comply with and enforce federal, state, and local laws. (See Complaint attached hereto.) The afforznentioned real and personal property were insured against loss or damage by flooding and other occurrences under a Memorandum of Coverage("MOU')with NCR and a policy of insurance issued by DRC, with the school district as the named insured. The complaint also states that on or about January 29, 2003 and subsequent thereto, plaintiffs,in accordance with the terms of the MOU and the insurance policy,paid the school district a sum in excess of$3,749,099.13 as partial satisfaction of its claim for damages, and therefrom have a right to recover against any party responsible for the damages to the school district's property. The complaint lists as defendants the claimants,Ezatollah Saiidnia and Jami Tseng,Contra Costa County, Contra Costa County Storm Drain Maintenance District, Contra Costa County Flood Control and Nater Conservation District, Contra Costa Storm Drainage District, in addition to other private defendants. Claimants, Ezatollah Saiidnia and Jani Tseng, filed this particular claim seeking comparative equitable indemnity,apportionment and declaratory reliefas to Contra Costa County for any sums that it may be compelled to pay, if any, for which Contra Costa County is responsible, entirely or in part. e. The names of the County of Contra Costa employees causing the injury,damage,and loss complained of in plaintiffs, Northern California Regional Liability Excess Fund and Discovery Reinsurance Company, complaint are unknown. f. The damages to which Ezatollah Saiidnia and Jani Tseng are presently exposed is currently unknown. However, plaintiffs, Northern California Regional Liability Excess Fund and Discovery Reinsurance Company, claim's as of this date, is alleged to be in an amount that is greater than $25,000, the minimal jurisdictional limit of unlimited jurisdiction of the Superior Court. This claim is based upon alleged injuries and damages and/or losses, if any, in an amount to be proved -2- later. Claimant submits this clam to Contra Costa County,as a precursor,if necessary,to filing and serving a cross-complaint for comparative equitable indemnity,apportionment,and declaratory relief. Bated: December 2, 2003 KNOX RICKSEN LLP Aaron T. Schultz On behalf of Claimants EZATOLLAH SAIIDNIA and JANI T SENG -3- '---................................................................................................... ............................................................... RE: Claim Against Public Entity MOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ALAMEDA: I hereby declare under penalty of per ury that I am employed in the County of Alameda, State of California. I am over the age of 18, and not a party to the within action. My business address is at the law offices of KNOX RICKSEN LLP, 2101 Webster Street, Suite 650, Oakland, California 94612-3069. On December 19,2003,1 served the following document described as: CLAIM AGAINST PUBLIC ENTITY,COUNTY OF CONTRA COSTA on all parties in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, and placed in the United States mail at Oakland, California addressed as set forth hereinbelow: Clerk of the Board 651 Pine Street Martinez, California 94553 (925) 335-1900 1 declare under penalty of per ury under the laws of the State of California,that the foregoing is true and correct, and that this Proof of Service was executed on December 19, 2003, in Oakland, California. Jamie Johnson -4- FAVI? ENC i NeERS `NC lo/,41/09 ?J3 z 5f�pm #�. 004 AYtCtt NeY Olt PA KTY Wir 4001 ATTORNEY IMAM, eddy nasi; � MR COURT USE Ofty J&II'ItREY R. OLSUN (CSB# 120945) —Law Office of 0effrey R. Gilson 1105 Fourteenth St reect Modesto, CA 95354 i C TaLep"ONallo:209/525-9084 FmNo,tor*ow: 209/525-8823 t-MA1t,Ar)(MSSjoptrinlili jrolsonl@sbcglobal.net NAmeorcouRn CONTRA COSTA COUNTY S PZR1OR COURT &TrawTAmtw-ss; 72S COURT STREET MA1UNGAOOFESS: p_Q. BOX 911 :..,. ....:._..,.._ . : .•.. .., _. ._.._... ctry ANo zip col�e MAR J NZZ, CA 94553 MANCMNAMV.MAP71NEZ s PL.,AlNnr-F:Northern Cali_ ornia Regiori;a1. Liability Bxceas rund and Discover Reinsurance Company t?rFvt+iDAhf7. t'otzrzt y of Contra COstR, see pq. 2 for additional defendants, and � •,. _ter • DOES I TO ? $1)I�1If f;�3tI4 COMPLAINT--Personal Injury,Property Damage,Wrongful Death . AMENDED(Number)_ Type(check all that apply): MOTOR V16HICLE FYI OTHER fspealfy): l<tremiseo Liability, J Property Damage Wrongful Death Trespass, Nul.zar.ce Personal Injury [� Other Damages(spectty): Jurisdiction(check all that apply). ACTION IS A LIMITED1.CASE NiMBER: Amount demanded does not exceed$10,000 �.__.J exceeds$10,000,but doss not exceed$25,000 M ACTION 15 AN UNLIMITEb CIVIL CASE(exceeds$25,000) ACTION IS RECLASSIFIED by this amended cnmplalnt from Il ited to unlimited from unlimited to limited I. PLAINTIFF(name): N•or,t.her:n Ca t Lcamni.a Regional Liability Excess Fund (IINCIVI) and. Discover Reinsurance C,.�mpa ("DRCII) alleges Gc�ilS@ ofCtiOn as lrsSt DEFENDANT(tl ttrJB): o. rsf Cont. a costa. thosr� rl,�f,r,,r�cia ata ii ted oxo py. 2, aad Doers 2. This pleading,including attacf ments Ansi exhibits,consists of tho fallowing number of pages: 14 3. Each plaintiff named above is a competent adult a. [,R 1 axceptpla4nSft(rema): Nort.horn Californi.a Regional Liability E=es-- Fund (1) L_�J a corporation qualified to do business In California (2) n an unincorporated entity(desodbe): (3) f.,_. a publlc entity(describe): (4) U a minor E-71 an adult (a) ] The whom a guardian or consearvatbr of the estate or a guardian ad litem has been appointed _ (b) other(apa.clfy): (5) CE other(:speotfy): a. self-insured super poo-1, b. FX� except plaintiff(name): D;4scover Reinsurance Company (1) ( a corporation qu>alifled to do lousiness In califomia (2) an unincorporated entity(describe): (3) a public an i scHba): (4) a minor an adult > (a) for whom a guardlan or conservator of the estate ora guardian ad Iltem has been appointed (b) ( ] other(spacffy): (5) = other(speo fp): lnformaz on about additional plaintiffs who aro not competent adults is shown in.Complaint---Attachment'3. fiorra aparavca ror opu t u c COMPLAINT--Personal Injury Property cin,of Ovii o u:* 612s.12 i .�Gi4Fz�t t�t*.1a0ef Ca +e : #5 , S IS �2 M)IROV,4vlY 1,20021 Damage,Wrongful Death u8 F'A5M E CIN&Ea S -NC 10/9N1/09 093 sepm P. 0216 i utiottii TITLE: Northern Calliornia Regional Liability Xcess Fund, et rel. v. County of Contxa, Cost,. et al Attacht cant to Caption-of the Complaint r 3 Additionzil l.y named defenda.Ats in the captic ra of this Complaint s 4 (incorporated into the caption on page 1 of this Complaint as if fully .yet 5 forth at that point) 0 CusiLza Costa County Storni, Drain 4+flaj.nteC1rance L1ist,ricu; .Contra Costa 7 c-ounty Flood Control and Water Conservation District; Contra Costa Storm 8 Drainage District.; Danville Stat:io», Homeowners Assoc::iat:ion; Scott A. McHugh 9 and Sharon J. McHugh, individually and as trustees of The McHugh family 10 Trust, William Godfrey; Kathleen Godfrey; Michael. J. .Pisenti; Tracy E. 11 Pi.senti; Bruce W. Bettis and Iris L. Bettis, individually and as tr�z�tees of 12 The Bettis Family Frust; E atollah 5aiidnia and Jani Tseng, individually atd 13 as, trustees of the Sa.iidnia Family Trust, 14 15 16 17 { 18 19 20 21 22 23 24 25 26 (Required for verifiad pleedlgq) Tho horns on this page staged on information and belief(specify item numbers, not litre numbers):zr _ T€us page may be used with any Judicial Council ltlrm or any ether paper filed with this court. pang .. . dU&"coutwx of cainam aCRC AOL Sol Attach to Judicial Council Farm or Other Court Poper U. 5 Uc+tltx�f Fa-rrr � � - i E~Az1] ENC I NeERS ­NC lo/Vi/09 09:E8pm P. 006 {' SHORT TITLE:Northern California Regional Liability Zxcess und, rnsasvu►wWRz et al, v. County of Contra Costa, et al. 4. [X7_ Plaintiff,(name):Subrogation allegations, see Attachment 4 R 5. Each defendant named above is a natural person a. M except defendant(name).County of Contra c. CE except defendant(name):Contra Costa ` Costa County Storm. Drainage District (1) =a business organizaWn,form unknown (1) a business orgoniz€stion,for<rn unknown (2) C`� a corporation (2) a corporation 3 (3) an unincorporated entity(describe). ( ) an unincorporated ated entity(daascrlb&), (4) a public entity(describa): a county (4) { { a public entity(descrfbe): a district (8) Q other(specify): (5} Jr_..�other(specify): ,a i b. except defendant(name): Contra. Costa d. CX7 except defendant{narlfe): Coxat ra Costa 3 Cca,.rn.ty Sto:nn Drain Maintenance County Flood Control axed Water }. District Conservation D6,strict a business erganizs"ttion,fors unknown (1) ED a business organization,form unknown (2) a corporation ( ) e corporation (3) an unincorporated entity fdascribc;): (3) an unincorporated entity fdascribe), (4) a public entity(descdbaa): a district (4) CE a ptiblic entity(describrs}; a cti st rich (5) other(specify): (5) other(spec fyy): R information about additional defendants who are not natural persons is contained in Complaint--Attachment 5, 6. The true names and capacif es of defendants sued as Goes are unk6own to plaintiff'. 7.=Defendants who are joined pursuant to Code of Civil Proredure section 382 are(name.-;); B. This court Is the.proper court because a. a j Oat iaast one defendant now resides in Its jurisdictional area. b. =the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. [ Injury to parson or damage to personal property occurred in its jurisdictional area. d. ( other(specffy). 9. ], Plaintiff is regyirets to comply with a claims statute,and a. plaintiff has complied with applicable claims statutmr s,or b. plaintiff is excused from complying because(specify): ,st4?ti�ev."Y s,xaofi€ ' COMPLAINT---Personal Injury,Property Page 3' Damage,Wrongful Death PPL40 VC t NaERS ,NC 10/01/09 03:sepm P. 007 , SHORT-nT, Northern California Regional, Liability CnasNumem, xcess und, et al. v. County of Contra Costa, et al 1 Att:achmant 4 2 1. The San Ramon Talley Unified Schaal .District ("District") , a school. 3 district and California public entity, is and at all times herein mentioned. 4 was the owner and in possession and control of certain real property 5 consisting of land, school buildings, and: other structures, facilities, and 6 appurtenants situated in the County of Contra Costa commoz'zl,y known as 7 Charlotte wood Middle School., 600 El Capitan Drive, Manville, California 8 94528, as well as personal property located thereon. 9 2 . At all times herein mentioned the aforemezatiened zeal and personal 10 property were insured against loss or damage by flooding and other 11 occurrences; under a Memorandum of Coverage ("MOU") with NCR and a policy of 12 insurance ("Rolicy7,) issued by DRC, with Districts as the name-cl i-asured. 13 3 . As a proximate result of the torts of defendants, and each of them, as 14 herein alleged, and the damage and destruction of certain of the 15 afore erLta,oned real and personal property, as herein alleged, District was 16 damaged in a sum in excess of $3,749,499.1.3. Said sum represents, but is 17 not limited to, cleanup, repair, replacement, and associated expenses. of 18 the paynen.t of $3,749.099.1.3, NCR paid $221,31.8.99 and DR,C paid i 19 $3,527,7PV.14. 24 4 , On or about January 29, 2003 and subsequent thereto, plaintiffs, in 21 accordance with the terms of the- tROU and Policy, paid the District a sum in 22 excess of $3,749,099.15 as partial satisfaction of its claim for said 23 damages and therefrom exercised their rights to recover against any party 24 responsible for the damages to the extent that payment therefor was and. is 25 to be made by plaintiffs. 26 (Required for verified pleading) The items on this page stated on Information and belief(specify ftm nim be m not Itne numberq): 27 This page may be used with arty Jud Mal 0ouncli irrrn or any other paper ftlr�r# vith this court F rA by ft� ADDITIONAL PAGE J"00*CWK11 d Ultr"W Attach to Judicial Council Form or Other Court Paper �� � CRC 201, 601 MC-020[New.lama 1.18t37i burorts,+'rorm .............__......._..... _..._._.. .......... ......... ..__.._.. ............ -_.......... ._............ ........__.._..........._......_... FAXD ENC I NOERS :r*NC 10 J /08 0S.Septra P. 00e 3 t SHORTTiTLe. Northern California Regional Liability caSF�t�lainttt xCGG't3s Fund, eL al, v. CountyCf Contra Casts, et al 1 Attachment 5 to Complaint 2 3 e_ Each defendant n,-tmed above is a natural person except Danvillo 4. Station Homeowners Association, a business organization., farm unknown. 7 g 10 I 11 12 13 14 F 15 17 f 18 1 S3 20 G 21 22 23 24 25 26 (Required for uetffiett pteading) The items on this peg> ,stated can information and belief('specify ItBfn numbers, not tine numbers): 27 _.. This page may be used with any Judicial Council form of any othor paper filed with it court mage 5 r&mAppmmcibythe ADDI"f'iONAL PAGE .. .C,02 INSW tai at uary 1, nw 1* Attach to Judicial Council Form or¢ther Court Paper �s aRc 2M, Sol t�1C�Qao thew ascsuerf 1,°ta9rY T� =,7C.)1��: 13" OptJorw Pwm FA-,e 1 ENCIN*ER -XNC imr 2/0a esssepm P. eeg 1 SHORT"f :Northern California Regionazl `Liability Excess CASRN me Ftaxicl, et al: J. County of Contra Costa., et al. Y i o. The#lowing causes of action are attached and the stafaments above apply to each(each complaint must have one car mare causes of action attached): a. Mater Vehicle b. General Negligence C, ( Intentional Tort d. Products'Lliability { e. Premises Liability f. Other l'spe lfy): Trespass and Nuisance 11, Plaints^ff has suffered a, wage loss b, loss of use of property c, hospital and medical expenses d. general damage: e. E.7T property damage f. = loss of laming capacity g. 53 othardamarge(speclfy): interest at the legal rate according to proof 12, [---,] The damages claimed for wrongful death,and the relationships of plaintiff to the deceased ore listed in Gompleint Aftechment 12. b, as follows: i Y i 13. The relief stuaght in this complaint is within the juri"otion of this court. z 14, PLAINTIFF PRAYS for judgment for costs of suit,for such relief as is folr,just,and equltable;and for a- (1) LM compensatory damages (2) = punitlsre damAaes b. The amount of damages is(you must check(f)In cases for personal Injury or wrongful death): (1) M according to proof (2) In tale amount of:$ .i.n excess of $1,749,099.13 15. Tho paragraphs of this complaint alleged on information and belief are as foftows(speclparagraph numbars)'� t Date: August x pFew QLECN (TYPOS OR r'rvT NAMM t#trr a x ua r3f�u�rrsrg flx At��YI SMIM[Ae •JufYt,=21 COMPLAINT —Personal injury,Property gage 6 Damage,Wrongful Death opflatpt Farm FA=D ENC I NWERS T.NC— 10/91/09 OSI SSPM P. 1821 SHoft3'Ti LE. Northern California Regional Liability NUMcteR; >vxcess Vuzd, et al. v. County of Contra Costa, et al 1 Attacbmant F r.' .L-1 2 3 Water flowed over the batiks of San Ramon Creek near said District 4 property, thereby entering said District property and causing tile damages as 5 herein alleged. The defendants, and each of them, failed to maintain said r creek, casements ape =o=—tents off'eeted. for d,cdiczttann axd nearby area, from 7 the unobstructed flow of storm water and all other water entering axzd ' 8 flowing within said creek, to include; (1) removal and control of 9 vegetation., iiving and dead, (2) removal of debris, (3) removal of sediment, 10 vegetation and debris in order to maintain the creek bottom and channel at 11 its original depth and hydraulic/design. capacity, (4) prevention of erosion, 12 and (5) to inspect said creek for the need for said maintenance on a regular 13 :xr>.d constant: basis.-_ Defendants, and each of them, further failed to comy ly 14 with and enforce Federal , Mate, and local laws, regulations, and ordin&nces 15 in said maintonance of said creek. Said p;zbic entity defendants, and each 18 of thein, had and have a history of said maintenance of said creek within the 17 Town of Danville and the -unincorporated areas of Contr_.a. Costa County but so 18 sporadic in recent years that wigniti cant decrease in the hydraulic capacity 19 when compared to the original hydraulic design/capacity of said creek j 20 existed between the dates of December 13, 2002 and December 18, 2002 and for - 21 or -21 a period of time prior thereto, adjacent to and nearby said school property, t 22 so as to cause the damages as herein alleged. Said public entity 23 defendants, and each of them, had and have had actual and constructive 24 knowledge of said condition of said creek, and had a duty of said 25 ma;iatenance, to comply with and enforce said laws, regulataoxzs, and 26 (Required for verified pleading) The items on this, page stated on information and belief (specify item numbers, not line { numbers): 27 s This page may be used with any JudWai Council form or any other paper fled +with this caur pne$. ADDITIONAL PAGE JudC-0a i rau„raotr. r„cx A ah to JUClts8ai Cauncli Farm or Other Court Paper $ CRC 201, sot asr�zo ts .�+un,��r,t gs�7 p. ooucxrat Famr , _.. .......................................................................... .................................. FPC5M ENC INOERS ;FIC 10e.91100 WrSBpm P. 012 JSHORT ITLS; 11ort"hern California Regional Liability CASENUMBER: i Xceez F=d, et al. v. County of Contra Costa, et a 11 Attachment Prem.L-1 2 3 ordinances, and to coordinate with other entities, landowners, and other 4 individuals said maintenance as a failure to do so would and did adversely 5 affect landowners adjacent to said creek within the boiindaries of the Town. 6 of Danville, the uni.n.corparated areas of Contra. Costa County and Lhese said 7 public entities' drainage structures, facilities, appurtenants upstream and 8 downstream from said creek that xnans adjacent to said D_­4t.O,ct property, There have been numerous prior requests from landowners adjaaeAt to these 10 said public entity defendants to undertake as their sole respongibility or 11 to assist said landowners in said maintenance. Some said requests were 12 hohored by these said public anLity defendants and other!, were dealined. 13 Said. lar.downers, by tbzze said public entity- defendants, actions, were led 14 tee believe these said public entity defendants had/have responsibility for 15 said maintenance and so relied an that belief in, aot properly Mainta.3.ning 18 said creek, easements and em.sements offered for dedicaLion on their Own real 17 property, A dedication of the easements within the property of landowners 18 nearby said District property was accepted by these said public entity 19 defendants, by,implication or by fact, by action of its governing board 20 and/or conduct by its employees, officers, managers, axid agencs, thereby 21 creating a duty of said inaintenance by way of ownership and/or control . 22 23 24 26 (Required for vefifted pleading} Tbe Items on this page stated on ink(Mefion and belief(Spac# Item numbers, not line numbers): 27 may be used with any Judicial Council k= or any other paper filed with tbis Page-, 90ftn AMMAW OY M* ADDITIONAL PAGE Judk:W 4rWWA of 0WftrN$ 'JWM Jxmpry 1,10471 MC420 optlamAl FdrM Attach to Judicial Council Form or Othar.Caurt Per $ CRC 201. PPD ENC INaERS --C 1pt/ 1/ +3 Qt s pm P. 029 &4ORTTITt.E: Northern California Regional Liability cast*NUWEfs Excess Fimd, et al. v. County of Contra Costa, et al 1 attachment Prom. ,-2 2 3 DanVil,l;e Station Homeowners Association.; Scott A.. McHugh ztnd Sharon ,7. 4 Mcktugh, individually and as trustees of The McHugh Family Trust; William ' 8 Godfrey; Kathleen Godfrey; Michael t3'. Fisenti; Tracy E:' Piaer,t ; B3nice W. Y 6 Bet~t:io aAd iris L. .kicttiz, ix aj,vjt.7,uujly dnd as trustees ct Whe Bettis Family 7 Trust; Ezat:ollab, Saiidnia. and Jani Tsert.g, individually and as trustees of 8 the Sas,idnia. Family trust, and S 1i3 is 12 ^x 3 14 15 16 S7 18 20 21 i 22 23 24 25 26 (Required for verftd pleading) The items on this page stated on information and belief(specify iteM numbers, not tine r' nu>7 bersj ' .27 This page may be used with any Judie€at Council farm or any other paper filed with this court. pale I p '• Pott rtfi a by ttw ADDITIONAL ITIONAL PAG E a„ewo 0*04f of caftmipt Attach to Judicial Council Form orOthar Court Paper So uMCC ct c201.ser -................................................................................. ....................................... FA44n ENC I NaPtAs ---r,, 10/91/09 09.*58pm P. 014 SH TITL2: Northern California Regional Liability CASE NUMBER: Xcess Fund, et al. v. County of Contra Costa, et al - Attachment Prem.L-4 2 3 County of Contra Costa, Contra Costa County Storm Drain Maintenance 4 District; Contra Costa County Flood Control and Water. Conservation District; 6 Contra Costa StorM Drai-xiage District, and 7 10 11 12 13 14 16 17 18 20 21 22 23 24 25 26 (Required for verffled pleading} The items on this page stated on Informaton and bolla-f(specify Item numbers, not line numbers). 27 11This page may he,used with arty Judicial Council form or any other paper riled with tt,i3 ot�urt Page 21 K PAGE Attach to Judicial Council Form or Other.Court P. CAC 201,011 mc-020 New Jamu&v 1,M71 Aper ......I............................................................................................................ . . ... ................................... FAGD ENCINWERS. ffNC 10/31/09 091sepm P. OIS F SHZT iTLE: Northern CeLlif=ia Regional Liability m, Nwo Excess Fund, et al . v. County of Contra Costa, et al Attachment Prem.L-5 2 3 County of Contra Costa, Contra Costa County Storm Drain ftintenance 4 District, Contra Costa County Flood Control and Water Conservation District; 5 Contra Costa Storm Drainage District; Danville Station Homeowners 6 Ae8ociaticii; Scott A. McHugh and Sharon T. McHugh, individually and as 7 trustees o-47 The McHugh Family Trust; William Godfrey; Kathleen Godfrey; 8 Michael J. Pisenti; Tracy E. Pisenti; Bruce W. Bettis and Iris L. Bettis, 9 individually and as trustees of The BeLtiS Family frust; Ezatollah Saiidnia 10 and Jani Tseng, individually and as trustees of the Saiidnia Family Trust, 11 and 12 13 14 16 17 18 21 22 24 26 (Required for verified pleadin9l The items on this page stated on Information and belief(specffy item numbers, riot line numbera): 27 This p2ge may be Ltsed with any JudidW COundl form or any other paper filed with Pepe I%=A00rawad by ft ADDITIONAL PAGE JU(wel C4wra of Cafbmln U040 fNeW jWudef 1,198 ,19871 Attach to Jud!cW Council Form or Other Court Paper S 0LVUf ................................ FAD ENC i KERS s NC 10 j 1/03 f3F3:5£3prrr P. Ole SHOR'rTI7t_E. Northern California Regional Liability cEuurMM t Excess Fund, et al. v. County of Contra Costa, et al SECOND CAME OF ACTION -- TRESPASS 2 (AttaohMnt to Complaint) 3 4 1. The allegations set forth in paragraphs Pre .I�-1 and Prem-L- of the 5 First Cause of .ACtion are incorporated herein as if fully set forth at this 6 point, 7 2. On cr about December 13, 2002 through December 18, :2002; defendants, and. 8 each of thern, without District 's coneent, entered, the: aforementioned reap. 9 property by way of flood waters and the: like, causing said damages. 10 3 . his a proximate result of said entry, District's zeal and personal: 11 property was damaged as herein a llegcd. 12 4 . Prior to and continuing through December 18, 2002, the acts or om- ission.s 13 of the defendants, and each of them, were clone with the k owledri.e that. said 14 conduct would, to a substantial cerr.aizty, result in the flooding oZ the 15 Distri.rt property, cawing said damages. 16 17 s 1g 't8 20 21 22 23 24 25 3 26 (Required for ueafred pleading) The Items on thIe page stated on information and be€Ief(specify hlem numbers, net lfie c numbers). 27 This page may be used with any Judia}af CGtur 9 form or any other paper Mad wttt► this court. Page_!_, , fen RWWftd by the AIDCti"CIONAL PAGE ,tit Cucmatat catirorstta CRC nor. Sea Mc o o� nu f,ye�srr Attach to Judicialt Council Form or Maar Court Paper St f r4/-n ENC I NaeE'RF` 'NC l ib e l tt 3 0c a 5t3pm p. 017 SHO€R7i E; Northern California Regional Liability c�s��arota�z: Excess Fund, et al. v. County of Contra Cc st&, et al 1 TUIRD CAUSE OF ACTION - fM15ANCE {Attachment. to Crx rplaint) 3 4 1 . the allegations set forth in paragraphs Prem.L-1 and Prem.L-S of the 5 First Cause of Action are incorporated herein as if fully set forth at this prying. 7 2, As a proximate result of the nuisance created by defendarits, and each of 8 their,, District and plaintiffs have been damaged as herein alleged, 5 3 . At all times herein mentioned, defendants, and. ouch of them, have 10 occupied, owned, controlled., used, aad maintained certain real property near 11 cr adjacent to said. District property so that; water flowing through, San 12 Ramon Creek would flow onto said District's property. 13 4 . The aforementioned occupation, ownership, control, use, and maintenance 14 of said property constitutcs a nuisance within the mcaning of Civil Cade §5 15 3'479, 3480, 3481., and other pertinent laws of the State of Califcsrz�ix. 18 17 h8 • 19 20 21 i 22 23 24 i 25 (Required f {u( {Wf verified pleading) The1eyn u on tifV }z' r stated on Information at ,belief fspecify numbers, not line 27 T is page mmy be used with any „iu icial Council form or any ether paper filed with this court. page 14 .�. ADDITIONAL PAGE � i co rer of racrorosrn t P C Attach to JutGotal Council Form or Other Court Sk c, x�*. $01 �-xto tra ,s� n��,�sart � c%t UmS F<m 19 0 W c w o c� o w w OCI > W w mom' `'f } CM {�F•ry M R3 t6 � ACU a w v J r } z ce z0 r r d o w N � b O W m _F N N a W � W 2 K ¢ h p � LL K J W K h U N m p W �r Q O Y Q fV � CLAIM BCJwABR 2F�UPLRtVIS RS OF C NKA C3ST CClfl 'TY » 1"#OARD TIO: :JANUARY 2 7 M2004 Claim Against the County,or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action.All Section references are to } The copy of this document mailed to you is your California Government Cedes, } notice of the actiontaken on your claim by the Board of Supervisors. (Paragraph N below),given . Pursuant to Government Code Section 913 and Y 915.4. Please note all"Warnings AMOUNT: IN EXCESS OF $25,000: z CLAIMANT: EZATo LAH SAIIDNIA AND JANI TSENO AGAINST CONTRA COSTA .COUP FLOOD CONTROL & WATER ATTORNEY: CONSERV TION DISTRICT DATE RECEIVED: DECEMBER 22, 200.E AARON T. -SCHULTZ ADDRESS: KNOX RICRSEN LLP BY DELIVERY TO CLERK'.ON: DECEMBER 22, 2003 2101 WEBSTER STREET, SUITE 650 OAKLAND, , CA 94612-3069BY MAIL POSTMARKED. DECEMBER 19, 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE "I' lerk Dated: _ , DECEMBER 22, 2003, By: Deputy r1 I IT E County Counsel:. TO: Clerk of the Beard,of Supervi NONE " 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). ( } Claire is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right�q apply for leave to present a late claim(Section 911,3). ( } Other: Dated: B : Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV, ARIA ORDER: By unanimous vote of the Supervisors present: (v�' This Claim is rejected in full. ( } Other: i I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date, Dated. JOHN SWEETEN,CLERK,By Deputy Clerk WARNING(Gov. code section913) Subject to certain exceptions,you have only six(6),months from the date this notice was personally served or deposited in the snail to Ale a court action on this claim.See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter.If you want to consult an attorney,you should do so immadia el . *For Additional Wa=g See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty,ofper ury that I am now,and at all times herein mentioned, have been a citizen of the United States,over age 18;and that today I deposited in the United States postal'Service in Martinez, California,postage fully prepaid a certified copy of this Beard Order and Notice to Claimant, addressed to the claimant as shown above. Dated, s t; HN SWEETEN,CLERK By Deputy Clerk __ _ _.... ._. ......... ......... _........ ......... .._.................. ...... __ _...... ......._. ................_........ .......... ............__....._......_...._.... .......... _ _ ......... Crim against public entity,Contra Costa County Flood Control and Water Conservation District Clerk of the Board _ 651 Pine Street , ,` ' Martinez, California 94553 (925) 335-1900 IEC 2 CIdnp,c {, To Contra Costa County ctrR€ � vtsps Flood Control and Water Conservation District: sa c You are hereby notified that EZATOLLAH SAIIDNIA and JANI TSENC, by and through their attorneys, Knox Ricksen LLP, hereby make a claim against the Contra Costa County Flood Control and Water Conservation District in an amount according to proof and in excess of $25,000.00: a. Claimant's post office address, by and through his attorneys, Knox Ricksen LLP, is as follows: 2101 Webster Street, Suite 650, Oakland, CA 9461-3069. b. Notices concerning the claim should be sent to this same address. C. EZATOLLAH SAIIDNIA and JANI TSENG, defendants in the case of Northern California Rct�ic�naZ Liabilit Excess Fund and Discover�ci'nsurance Company v C©un& of Contra Costa et. al., Superior Court of California, County of Contra Costa, unlimited jurisdiction case number MSC03-02135, were served with the complaint on or about October 29, 2003. d. The circumstances giving rise to this claim are as follows: Plaintiffs, Northern California.Regional Liability Excess Fund(NCR)and Discovery Reinsurance Company(DRC),allege in their complaint for damages against Defendants/Claimants,Ezatollah Saiidnia and Jani Tseng,that water flowed over the banks of San Ramon Creek near property owned by the San Ramon Valley School District,thereby entering the school district's property and causing damage and destruction of real and personal property owned by the school district, and that this damage was in excess of $3,749,099.13. -1- The plaintiffs further allege that the defendants, and each of them, failed to maintain the creek, easements and easements offered for dedication and nearby area, from the unobstructed flow of storm water and all other water entering and flowing within said creek, and that defendants failed to comply with and enforce federal, state, and local taws. (See Complaint attached hereto.) The afformentioned real and personal property were insured against loss or damage by flooding and other occurrences under a Memorandum of Coverage("MOU")with NCR and a policy of insurance issued by DRC, with the school district as the named insured. The complaint also states that on or about January 29, 2003 and subsequent thereto, plaintiffs,in accordance with the terms of the MOU and the insurance policy, paid the school district a sum in excess of$3,749,099.13 as partial satisfaction of its claim for damages,and therefrom have a right to recover against any party responsible for the damages to the school district's property. The complaint lists as defendants the claimants,Ezatollah Saiidnia and Jani Tseng, Contra Costa County Flood Control and Water Conservation District,Contra Costa Storm Drainage District,Contra Costa County Storm Drain Maintenance District, Contra Costa County, in addition to other private defendants. Claimants, Ezatollah Saiidnia and Jani Tseng, filed this particular claim seeking comparative equitable indemnity,apportionment and declaratory reliefas to the Contra Costa County Flood Control and Water Conservation District for any sums that it may be compelled to pay, if any, for which the Contra Costa County Flood Control and Water Conservation District is responsible, entirely or in part. e. The names of the Contra Costa County Flood Control and Water Conservation District employees causing the injury, damage, and loss complained of in plaintiffs, Northern California Regional Liability Excess Fund and Discovery Reinsurance Company, complaint are unknown. f. The damages to which Ezatollah Saiidnia and Jani Tseng are presently exposed is currently unknown. However, plaintiffs, Northern California Regional Liability Excess Fund and -2- Discovery Reinsurance Company, claim's as of this date,is alleged to be in an amount that is greater than $25,000, the minimal jurisdictional limit of unlimited jurisdiction of the Superior Court. This claim is based upon alleged injuries and damages and/or losses, if any, in an amount to be proved later. Claimant submits this claim to the Contra Costa County Flood Control and Water Conservation District, as a precursor, if necessary, to filing and serving a cross-complaint for comparative equitable indemnity, apportionment, and declaratory relief. Dated: December 2, 2003 KNOX RICKSEN LLP By. Aaron T. Schultz On behalf of Claimants EZATOLLAH SAIIDNIA. and JANI TSENG -3- ._.... ......... _........ _........ ......... ......... ....._._. ..... _......... .. ......................._. ........................_............_... _........... ..._..__.... ....._... __..._.. RE: Crim Against Public Entity PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ALAMEDA: I hereby declare under penalty of perjury that I am employed in the County of Alameda, State of California. I am over the age of 18, and not a party to the within action. My business address is at the law offices of KNOX RICKSEN LLP, 2101 Webster Street, Suite 654, Oakland, California 94612-3069. On December 19,2003,I served the following document described as: CLAIM AGAINST PUBLIC ENTITY, CONTRA COSTA COUNTY STORM DRAIN MAINTENANCE DISTRICT on all parties in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, and placed in the United States mail at Oakland, California addressed as set forth hereinbelow: Clerk of the Board 651 Pine Street Martinez, California 94553 (925) 335-1904 I declare under penalty of perjury under the laws of the State of California,that the foregoing is true and correct, and that this Proof of Service was executed on December 19, 2403,in Oakland, California. Jamie Johnson -4- FA;eD ENC I NVE RS "''NC 10?31/09 0a s S8pm P. 004 AYTORN&OR PARTY UVnMUT ATTORNEY fft".Wait wnwahrr,and#cC#r *),1 �Ctfi CVtli�t tf�6 GNLY FFREY R. OLSON (CSBO 120945) Law Office of Jeffrey R. Olson 110S Fourteenth Street Modesto, CA 95354 TarerHoNallo: 209/525•.9084 FAxm),(or4Anel1: 209/525-8523 .atntr.Arnr ssCopr; a,ri;3rOlsonl@sbcglobal.net NAmeorcounn CONTRA COSTA COUNTY SUPERIOR COURT sates`umftass: 725 COURT STREST mAf�wo ADL1{3C a- P.O. BOX 911 +. crNANozip Coif•MARI.'IN}•.''Lr, CA 94553 i $RANcm NAmr.MART INEZ { PLA1NTiFF:No2.`1'hern California R.e<gi6rc Uatbl111-� Excess Itund and .discover Xeinsura.ocey Company DPFENDANT,: CaLmi syr of Contra Costa, see2 Por additional defendants, � COMPLAINT—Personal Injury,Property Damage,Wrongful Death . AMENDED(Number): Type(check all that apply): MOTOR VEHICLE FXOTHER(Specify),' &+,r,omiaee� Liabi t.i ty, CIJ Property Damage = Wrongful Death ,Trespass, N'ul.sanc:e Ll Personal Injury tither Damages(specify): Jurisdiction(check all that apply),` ACTION 1S A LIMITED C€VIL CASE CA r-NUMBER: Amount demanded L does not oxceed$10,000 ,." exceeds$10,000,but does not exceed$25,000 FACTION 19 AN UNLIMITED CIVIL CASE(exceeds$25,000) �" �, ACTION I8 RECLASSIFIED key this amended complaint �' � from limited to unlirnifed from jLnU rmitecl to limited `#. PLAINTIFF(name): Northern Cal ffor;nf.a Rif1.oxsal Liability Excess Fund ('aNCRO) and. Discover Reinsurance Company (ODRc 11? alleges causes of action against DEFENDANT(n&MG):Ln. of r:aantra Ccasta, those fM f.r,:�d testa listed oik pg, 2, and Doer, 2. This pleading,including attiiehments and exhibits,consists of the following number of pages: 14 3. Fach plaintiff named above,is a competent adult o a. except plaintiff(name): Northern Cal,fornia Regional Liability Excess !.fund (4) LD a corporation qualified to do business in California (?} } an unincorporated entity(describe): (3) �.._.. a public antity(describe): (4) a minor E_-D an adult (a)Q iter whom a guardian or conservator of the estate or a guardian act{item has been appointed (b) other(specify):* (55) CE other spartly}: a. se11 -insured super pool b. CK except plaintiff(rlaira): D:4,qcover Reinstir&nc.,e Company (1) ( a corporeticn quoliflad to do business in California (2) [ an unincorporated entity(desrdha); (3) s public ant]Scribe): (4) F7a minor an adult (a:) for whom a guardian or conservator of the estate ora guardlan ad liters has been Appointed r (b)[ other{specify), (5} other(speoffy): [� Informationabout additional plainfl'ffs who are not competent adults is shown In Ciu mplaint--Attachment 3. Fwm ow ZoaGcnaCaM0%1 l0MLd COMPLAINT—Personal Injury,Property a of CMQ awa,r4 25.12 oez,,1{pev,JOY a, ?i Damage,Wrongful death S4 vu - "I F4,en ENC I N*E:RS '-NC 104"t1/09 iC 91 sepm P. 005 i F kx HORTTITLe-, k1ortrherm California, Regional Liabila cess Fund, et al. v. County of Cont<;ra., Coma,, et al k ? Attacbment to Caption of the Compla�zxt s s y 3 Additionally named defendants in the caption of t hz.s Complaint i 4 (incorporated into the caption on pane I of this Complaint as :it fully .set 5 forth at that point) : 0 CuxxLr"a Coeta. County storm Drain maintenance District; Contra, Costa 7 County Flood Cort,;rol. and Water Conservation District; Contra, Costa Storm r 8 Drainage Dist=rict.; Danville Statiozi Homeowners Association; Scott A. McHugh 8 and Sharon J. McHugh, individually and as trustees of The McHugh Family 10 Trust~; William Godfrey, Kathleen Godfrey; Michael. J. Pisenti; Tracy F. 11 P;.senti; Bruce W_ Bettis and Iris L. Bettis, individually and as trustees of i 12t Th:e Bettis Family Trust; r.,atollah Salidnia and J'ani Tseng, individually atd 13 a, trustees of the 5ai.idni„a. Family Trust, 14 15 16 s 17 19 20 21 22 23 24 25 26 (Required roe verified pteeding) Tho ifrrns on this page stated on information and belief(spe oify item numbers, not line numbers)., This'page may be used vtth any Jud"at Council form or any other paper fled With this ome. Page.2 Poft Aromved bvir* .ADDITIONAL PAGE Jud dnt Ce)unr of CBkihXklk� CRC 201,501 t jNnw ra,vay 1,1AA71 Attach to Judicial Council Form or Other Court Paper � i FAGD ENCIN&ERS "NC 1o/psi/ea estsepm P. oes 3HORTTITLE Northern California Regional Liability V:ccess Fund, �+sra antis �� t: et al, v. County of Contra Costa, et al. f 4. D�-]Ptaintiff('nsrns):Subrogation, allegations, see Attachment 4 i S. Each defendant named above is a natural person a. U3 except defendant(name-J.-Country of Contra c. M except defendant(name):!Contra Costa i Costa. County Storm Drainage District (1) s business organintion,form unknown (1) C a business orrenbmtlon,form unknown (2) [_ J a corporation (2) =-a co,pomtion (3) r an unincorporated entity(d€scdbe): (3) M an unincorporated entity(describa): (4) EX7 a public entity(describc): a count.v (4) CM a public anbf (dworibe): a district (5) C J other(specify): (5) other(specify): i b. except defendant(name): Contra Costa d. CX7 except defendant(name): Cniatra Costa { County Storm Drain Maintenaa.nce County Flood Control and Water i Distract Consreryation District (1) a business organization,form unknown (`i) a business organization,form unknown (2) a corporation (2) a corporation (3) Fan tnincc�r�soratt d atttity{oesc-dbo): {3) 2n urs incorporated entity(dascrtbe): (4) [ a public entity(describa): a district (4) a public entity(describe); a district (5) ether(specify): (5) [ other(specify): _ CE Information about additional defondants who are not naturaf persons is contained in Complaint--Attarhmont 5, 8. The true names;and capacities of defendants sued as noes are unknown to plaintiff, 7, =Defendants who are joined pursuant to Code of Clvil Prorerluro section 382 are(riernes); 8. This court is the,proper court because a. ERJ`at tenet one defendant now r€isidem In Its jurisdictional area. ` b. = the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c, Injury to person or damage to personal property occurred in its jurisdictional area, d, other(speeffy): i i 9. Plaintiff is required to comply with a claims statue,and a, [ plaintiff has compiled with applicable elelms statutes,or b. plaintiff Is excused from complying because:(specify}: i S ' —Personal Injury,Property Page 3- Oamage,Wrongful Death F'"D EMC T NeM$ -INC 1 O1..331Oc� 03 r sepm P. O07 $ 16RT-nTt.E Northern California Regional Liability CAW NUMaSk excess PUnd, et al,. v. County of Contra Costa, et al 1 Atta,chmant 4 2 1. The Sari Ramon valley Unified School District ("District") , a. school 3 district and California public entity, is and at all times herein mentioned 4 was the owner and ire possession and control of certain real property ;! 5 consisting of Land, school huil,d.i:ags., and other structuzes, facilities, and 6 appurtenants situated in the Coity of Contra Costa commc>nl.y k't own as 7 Charlotte Woad Middle School, 600 El Capitata Drive, Danville, California 8 99.526, as well, as personal property located thereon. 9 2 . At all times herein mentioned the aforementioned Neal and personal ' 10property were i,nsuxed against loss or damage by flooding and other 11 occurrences under a Memorandum of Coverage ("M01711) with. XCR and a policy of 12 insurance ("Policy") issued by DRC, with District: as the rr-ame d i n.sur_ed. 13 3. As a proximate result of the tarts of defendants, and each of them, as 14 herein alleged, and the damage aad destrructioxz of certain of the 15 aforementioned .real and personal property, as herein alleged, District was 16 damaged in a sum in excess of $3,749,(}99.13. Said sum represents, but is 17 not limited to, cleanup, repair, :replacement, and associated e-xpenses. Of 18 the p3aymen.t of $3,74:9.099.1.3, NCR paid. $222,31.8 .99 and DRC paid. 19 $3,527,780.14. t 20 4 . On or about" January 29, 2003 and subsequent thereto, plaintiffs, in t 21 accordance with the terms of the 1401.1 and Policy, paid. the District a sum in 22 excess of $3,74.9,099.13 as partial satisfaction of its claim for said 23 damages and therefrom exercised their rights to recover against any party 24• responsible for the damages to the extent that payment therefor was and is 25 to be made by plaintiffs. 26 (Required for verified pleading) The items on this page stated on information and belief(specify iter► number3, not line • nzrmrs); i This page may be used with any Judicial Counct( form or any other paper filed with this court. page I omsAppMvGd by 1f-3 ADDITIONAL PAGE 1 a cwmcfuftnia Attach to Judicial Council Form or tither Court Paper � �- CRC 201, eo4 i MC-t120(NM Januwy 4.10001 r COMM �FWM u � I E FAZD ENC INt ERS -r NC 10/47/09 09!Esepm P. we 1 s WsHM ITLE: Northerncalifornia Regional Li.abil Cy eA���r�+aEk tznd, et a v. atf Contra Costa, et al Attachment: 5 to Complaint 2 3 e_ Each defendant named above is a natural person except: Danville i 4. Station Homeowners Association, a business organization, form unknown. 7 10 t i 11 12 f 13 .E 1'4 15 16 17 i 18 t 20 21 22 23 24 25 { 266 (Required.for verMad pleading) The items on this page,stated can information and belief(specify item numbers, not line numbers): r ' 277trEs faege may be used with any Judicial Council form or' any other paper filed with this court. pa;a 6 9 r&m AppraMd by ih n ADDITIONAL.PAGE .iU SQW1 inttit of cedottNaSCI-11Ll` CRC 2M,504 aec•axaiNew muaiv e.�aert Attach to Judicial Codr�oil Form or tYrer Court paperi Cscnicnai�vtm • �. � . FAt�:D ENC Y NGERS-x NC 10/31/09 091 sepm P. 009 SHORT TITLE, Northern California Regional `Liability Excess Nu ft Rind, et al. v. County of Contra Costa, et atl. t 10. The toltowing causes of action are attached and the statements above apply to each(aach complaint must have one or more f causes of ectron stfacheto.- a. Motor Vehicle b. Q Genet-at Negligence c. Intentional Tart d. Products'Liability e. , Premises Liability f. Other(specify): Trespass and Nuisance 11. Plaintiff has suffered a. [ wage loss b. loss of use of property C, _ hospital and medical expenses d. ] general damage t e• [—Xj� property damage f. ( loss of saming capacity g. othwdamage(specify). interest at the legal rate according to proof 12, = The damages claimed for wrongful deatli and the,relationships of p€ainflff to the deceased are a. listed in Complaint L--Attachment 12. b. } as rollows: ? 13. The relief sought In this complaint Is within the jurisdiction of this court. i 14, PLAINTIFF PRAYS for Judgment for crests of suit:for such relief as is fair,Just,and equitable;and for a-. (1) compenaglory damages ' (2} punitive damages b. The amount of damages is(you must check(1)In cases for personal injury or wrongfuf des(h) (1) [ according tos proof (2) in the atnountof:$ in excess of $3,749,099.13 15. The paragraphs of this complaint.alleged on informadon and belief are as follows(s ify paragraph numbers), Date: August ,r 2003 t 92E f v O = (TYP9 OR rMNT NAME) t (4fr tR3Ufs{OI iytAENCfp olAAT!c _ _.. ,, { "M IR",MY 1.24451 .�•� .� .�. COMPLAINT -Personal Injury,Property gage 6 i Damage,Wrongful Death F AL40 ENC I NWERS t NC 3fbl 3 l08 es t sepm P. +330 SH0k"r`TrrL : Northern California Regional Li&bility Excess rA3F.:N"M i Fund, et &l. v. County of Contra Costa, et: al. R CAUSE.twit:✓'ACTION -Premises Liability Page 2 _ zr+ux AT'TACl M15ENT"T'Q C�Complaint r7l Cross-Complaint {Use a separate cause ofacHon lomi for each cause of action,) Prem.L-1. Plaintiff(name): NCR i3rjd M..0 zileges.the acts of defendants were the legal(proximate)cause of dam age.s to plaintiff. Cin(date), 12/13/02 t L 12/18/02 plaintiff was injured on the followiN premises in the following fashion(description of premises end circumstances of injury), See •Attachment:' Prem.L-1. Prem.L-2. M Count[ane-Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): See ,Attachment. krern_t,-2. I1�C"J tV 'r..t. Prem.L-3, Count Two-Wii€fut Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warm against a dangerous condition, use. structure, or activity were (narges): [ Does _ to Plaintiff, a recreational user, was =an invited guest f...7 a paying guest. PrernI-4. [C Count Three-langerpus Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): See AttaChitsen.L Prem.L-4. a. D�]The defendant public entity had tL actual tit constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it b. [. 7 The condition was created by employees of the defendant public entity. Prem.L-5. a. t Ailsgations about Other Defandents The defendants who were the agents and employees of the other defendants and acted within tho:scopo of the agency were.(names): 3ee Attac;hwerrt Prem.L-5. Boats_1__ to 7.0 0 b, The defendants who are liable to plaintiffs for other reasons ,and the reasons for their liability are described in attachment Prem,L-5.b 1= as follows themes): f Wmrxo"oOvie CAUSE tv+F ACTttt+l -Premises Liability CCP 425A2 JUtdC!�t GCdniCii of it9fr�rniZ �;r E%Cd" rq 1,1098 S 1.b" flubs 982.1r) Us opdiiinm firm FA:eD ENC I NOERS ?-NC 10/3,1/09 ea:sepm P. 021 i SHORTML.E: Northern, California Regional Liability CASFNIMflER. EXcess VIAI:td, et &I . v. County of Contra. Cosh, et all Atrt:ac7azwnt. Prem.L—1 r 2 3 dater .Mowed over the banks of Sart Ra.rnon Creek near said District 4 property, thereby entering said District property and causing the damages as £ 5 herein alleged. The defendants, and each of them, failed to maintain said 0 CVCA:kr caxon.rmclats ana ca.scrnenta ofteree1 for dudi,ca.tjLon &3r4 x eez-by area, from 7 the unobstructed flow of storm water and all other water entering and 6 flawing within said creek, to include: (1) removal and control of 9 vegetation, living and dead, (2) removal of debris, (3) removal of sediment, 10 vegetation and debris in order to maintain the creek bottom and channel at i 11 its original depth and hydraulic/design capacity, (4) prevention of erosion, 12 and (5) to inspect said creek for the need for said maintenance on a regular 16 and constant basis. Defendants, and each of them, further failed to corapty 14 with and anforcc Federal , state, and local I&ws, regulations, and ordinances 15 in said maintenance of said creek. Said piibic entity defendants, and each 16 of them, had and have a history of said maintenance Of said creek within the 3 17 Town of Danv'Ule and the -unincorporated areas of Con. tri Costa Co I t_y b tr so 18 sporadin in recent years that signiti.cant decrease in the hydraulic capacity 19 when compared to the original hyd-ra.ulic design/capacity of said creek 2G existed between the dates of December 13, 2002 and -December 18, 2002 and for 1 a period of time prior thereto, adjacent to and nearby said school property, { 22 so as �o cause the damages as herein alleged. Said public entity 23 defendants, and each of them, had and have had actual and. constructive 24 knowledge of said condition of said creep, and had a duty of said F 25 mainten&nce, to comply with and enforce said laws, regulations, and } 26 (Requtred for verified pteading) The Items on this page stated on information and belief(specify item numbers, not tine numbers): ' 27 This page may be used with any Judicial Council form or any other paper filed with this court. r&MAPPOVObythn ADt3i7 OVAL PAGE i JbAld*1 COWN Of C*Iffixt& Attach to Judicial Council Form or OthQr Court Paper S � 1�, cs�zss�,aal MC-020 tftw JAnvm 1,19a7l , <?mi1wo Rom FAZD ENCLWmERS *-NC 1$131!18 >alsapst P. 012 1 r _ sctOftl°71 Ms: Northern Cali.- Ornia Regional L i abilit)r XGCb' Fund, t al. V. �.c�ttnty of C�sntra pC�ostaT, yep,:]CASENUMSM Attacbment 3 ordinances, and to coordinate with other entities, landowners, and other ' 4i individuals said: -mInt:enaazc:e as a failure to do so would and did adversely 5 affect landowners adjacent to said creek within the boil adarieys of the 'Town 6 of Danville, the un:i.ncorporated areas of Contra. Costa County a's7d Lheese said 7 public erit~it~ieas' drainage st;r,uctixre€r, facilities, appurtenants upstream and 8 downstream from said creek that runs adjacent to said first ri.ctproperty. 9 There have been numerous prier requests from landowners adjacent; to these 3 10 said public entity defendants to undertake as their sole responsibility or 11 to assist said landowners in said maintenance. Some said requests were 12 honored by these said public entity defendants and or_her>4 were declined- 13 Said• landowne'r.,a, by these said public entity, defendants' actions, were led. 14 to believe these said public entity defendants had/have responsibility for 15 said maintenance and so relied oxo that belief ix+, not properly maintaining 16 said. creek, easements and easements offered for dedica.Lion on their own real 17 property. A. dedication of the easements within the property of landowners 18 nearby said District property was accepted by these said public entity 16 defendants, by,implication or by fact, by action of it-,; governing beard 20 and/or conduct by its employees, officers, managers, arra, agent:a, thereby 21 creating a duty of said maintenance by way of ownership and/or control . 22 23 24 25 26 (Requked for vedfled pleading) 'The items on this page stated on information and belief(specify 4em riumbers, not fine 27 .A., This page maty be used with any Judicial Counrfl form or any other paper filed with this court. purge_, >ora++agprc�.�atlytn� AIDDC#`ONAL PAGE F JuAxagtrc tatcer'cornt Attach to Judicial Council Form or Other 0.ouit.Papcar a0i MC-M[JVwwJmmtsry'9,49071 t ptann1€rxn+ S Fk4r) ENG I NwERS ."AIP 10/311/09 tai s seem P. 018 sHC3tTrt't 'orthern California Regional Liability CA$;;NUMBER: E ereess Furxd, et~ al. v. county of contra Costa, et al 1 Attachment Prsm.L-2 2 3 Danville gtai�ion Homeowners Association; Scott A. .McHugh and Sharon J. 4 McHugh, individually and as trustees of `e;`he: McHugh Family Trust; William r 5 Godfrey, Fathleen Gocdt ey, Michael J. Pisenti; Tracy E: Pisent ; Bruce W. f 0 Sattin 0,nd Iris T.E. .settis, int;le.vatjually raid as trustees ref The Bettis Family 7 Trust; Ezatollab, Saiidnia arLd Ja.ni Tseng, individually and as trustees of 6 the Sai.:i dnia Family true", and S t 10 i, 14 }; 15 E 16 17 18 20 21 i 22 23 t 24 25 28 (Required for verrtied pleading) The items on this page atAted can information and bol€ef(specify iternt numbers,not ting numbers)., _ 27 This page may W used with any Judicial Council errs or any other�paper 63rc�� d with this court. ....,�. page 1>0 € +xm�Gax tbytha ADDITIONAL PAdE + [[ mn ay Attach to Judicial Council Form or Other Court Paper y . �t cRc 2011,501 ° e)ptEon311-0rm S i, f*A�LdD ENGINOERS .'-IC 10/,1153 09s a8pm P. 014 k HORTTITLE- Northern California Regional Liability Lass Fund., et al. v. County of Contra Costs, et al 1 ;Attacl=ant Prem.L-4 3 CoiLaty of Contra Costa, Centra. Casts County Stozm Drain Maintenance 4 District; Contra Costa County Flood Control and Water. conservation District; x 5 Centra Costa Storm Drainage District, and t 7 10 11 f 13 7 14 15 16 e 17 1$ 19 20 !21 L 7 L 23 24 25 26 (Require for verified pleading) The items on this page stated on information and belief(specify Ilam numbers, not fine numbers): 27 „_. 11 I his;page may be used witli any Judicial Council #cmi or any other paper fled with this court. page------------ rarmaxpn+m+tbyVw ADDITIONAL PAGE .Coat ccwAct uwy 1,196 Attach to Judicial Council Form or Other.Court Paper cs�204.�fll �;Aitaw,F�6rtumty t,t9o71 P �' Form { FA�--f3 eNCINwERS. INC 1gil"ja1/0q 09rsepm P. 015 } SNORT-nTLEE Northern California Regional, LiabilitycAS NUS Excess Fund, et al- v. County of Contra Costa, et al Attachment Prem.L-5 7 2 8 County of Contra Costa, Contra Costa Courity Storm Drain Maintenance 4 District; Centra Costa County Flood Control and Water Conservaticn District; 5 Centra Costa Storms Drainage District; Danville Station Homeowners 7 8 AeksoC t tion; SCO'tt A. mciiutgh and Sharon J. Mw—high, individually and as 7 trustees eye The McHugh Family 'gust; William Godfrey; Ka.thleeh >Godfrey; 8 , Michael .T. Pisenti; Tracy E. Pi.senti.; Bruce W. Bettis and. Iris L. Bettis, 7 9 individually and as trustees of The BeLUS Family Trust; Ezatollah Saiidnia f { 10 and Jani Tseng, individually and as trustees of the Saiidnia Family Trust, 11 and 12 13 14 15 16 17 18 19 f 20 t 21 22 23 4 25 26 (Required for verified pleading) The items on this page statod on Information And belief(,Tacify 6m numbars, not line number4�). 27 This; page may be used with any Judicial Coum0il form or any other paper filed with this court. Plage—L2_1 PormAopmmdby#xt AD#3#T1ONAL PAGE � JYx dRorc uorriu Attach to Judicial Council Form or Other Court P€� r So. s � ao,,wt lN�w, udy'i,f�7J l� t3pYfanBtFnfrh . FPLzi 3 ENC i NeERS INC 10l:s1/eS oa a seprn P. 03.6 StiC i7 Ti71. A1osth CaL am: Regional Liability cas re , excess Fuad, et al. v. County of C011tra Costa, et al 1 SECOND CAME OF ACTION -- TRESPASS 2 (Attasbment to Complaint) 3 4 1 . The allegations set forth in paragraphs Prem_L-1. and Prem.L-5 of the 5 First Cause of Aetion are incorporated herein as if fully set forth at this 6 pcint. 7 2. On or, about December_ 13, 2002 through December 18, 002; defendants, and ' 8 each of tth,em, without District's consent, entered the aforementioned real. 9 property by way of flood waters and the like, pausing said damages. 1Q 3 . As a proximate result of said entry, District's real and personal 11 property was damaged as herein alleged. 12 4 . prior to and continuing through December 18, 2002, the acts or omissions 13 of the defendants, and each of Chem, were done with the knowledge that said 14 conduct would, to a substantial cerrainty, result in the flooding cif the 15 DistWri.rt property, causing said damages. 16 17 18 19 20 21 /HN2 23 24 25 { 26 (Regtdred for veifl3ed pleading) The items on this page stater!on information and belief(specify iEc�m numbers, not line numbers): 2? This page may be used with any .#cidlciai Council Fi�rtn or any other per Fi#bel Wth this coud. pig 13 i<crmAAO(*Verbythe ADDITIONAL PAGE .hArwCounGlaresarome Attach to Judicial Council Form or Other Court raper So U. S, CAC 201, 501 . i1c�=ii4gw jW WiY 1,1"Tt FAC/M ENCINOSRS 7t4C 20I3111D3 09tm P. 017 swv rTlCLi" Norther California R+ec� opal Liability C. MUM55R. > xce»ss Fund, et al. Sr. County of Contxa C t t al ` # TEIRD CAUSE OF ACTION --- NUISANCE (AttaCb ent to C=plrai.nt) 3 ` Y 3 4 1. The allegations scat forth in paragraphs Prem.b-1 and Preztm.L-5 of the 5 First Cause of Action are incorporated herein as if fully set forth a:t this R point. 7 2. As a proximate result of the nuisance created by defendarits, and each of S them, District and plaintiffs have poen damaged as herein alleged. 9 3. At all times herein mentioned, defendants, and.each of t.bem, have 10 occupied, owned, controlled, used, axxd maintained certain real property .near 11 or adjacent to said District property so than: water flowing through. San 12 Raman Creek would flow onto said District's property. 13 4. The aforementioned occupation, ownership, control, use, and;maintenance { 14 of, said property constitutes a nuisance within the meaning of Civil Code §9 15 34?9, 3480, 3451., and other pertinent laws of the State of California. 16 17 1$ s 20 f 22 23 24 s 25 26 (Required for vefifed pleating) The iten'ts an thls page stated an Information and belief(specify item numbers, not line numbers). 27 This page may be used with arty Judicial Courmil form or any other pep r filed with this react. Page 14 f Form Ap�rMCr by ft ADDITIONAL PAGE .h»dtaifroc i or C4 01194 Att ct�#o judicial Couttc t Fctta or t Gcsur#Pow sow MC-M(MRW f MOfy 1,IW87i 3 L�l�rat€arm ' M V'7 V' ti) Qti Q } A ) LU CJ W U d J r z Zo d o m N �p N m W C' y. N N � W at Q w z r O N LL [L J W < r v m mo w z 3 � Y o Q N O CLAIM BgAU.QF SU?JB�V._1§QRS 0FQ2NTRA COSTA COUNTY BOARD ACL12 Y 11� 2004 Claim Against the County,or District Governed by } the Board of Supervisors,Routing Endorsements, } NOTICE TO CLAIMANT and Board Action.All Section references } The copy of'this document mailed to you is your California.Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given { Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings" AMOUNT: IN EXCESS OF $25,000.00 CLAIMANT: EZATOLLAH SAIIDNIA AND JANI TSENG AGAINST' CONTRA COSTA,STORM DRAINAGE DISTRICT ATTORNEY, AARON T. SCHULTZ DATE RECEIVED: DECR4BER 22, 2003 ADDRESS: KNOX RICKS t, LLP BY DELIVERY TO CLERK.ON: DECEMBER 22, 2003 2101 WEBSTER -STREET, suITE 650 OAKLAND, CA 94612-3069BY MAIL POSTMARKED: DECEMBER 19, 2003 FILOIVI: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET Dated. D=t122i -2003 By. Deputy 11. OM: County Counsel., TO: C-lerk of the Board of Supervisors ff This claim complies subst.antilly with Sections 914 and 910.2. ( } This Claire FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days(Section 910.8). ( ) Claim is not timely filed.The Clerk should return*claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). { } Other. Dated: `l By, Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) { } Claire was returned as untimely with notice to claimant(Section 911.3). � IV.,ZOARD ORDER; By unanimous vote of the Supervisors present: ( This Claim is rejected in full, { } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JOIN S't EETEN,CLERK,By Deputy Clerk. WARNING(Gov. code section 913) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in conne6tion with this matter.If you want to consult an attorney, you should do so immediate) , *For Additional VCr'a n See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now,and at all times herein mentioned,have been a citizen of the United States,over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Carder and Notice to Claimant, addressed to the claimant as shown above.' Dated: o4dQ g5LOHN SWEETEN, CLERK By Deputy Clerk Claim against public entity, Contra Costa Storm Drainage D stric Clerk of the Board � 651 Pine Street cl Martinez, California 94553 �Z( (925)335-1900 To Contra Costa Storm Drainage District: You are hereby notified that EZATOLLAH SAIIDNIA and JANI TSEN+G, by and through their attorneys, Knox Ricksen LLP, hereby make a claim against the Contra Costa Storm Drainage District in an amount according to proof and in excess of$25,000.00: a. Claimant's post office address, by and through his attorneys, Knox Ricksen LLP, is as follows: 2101 Webster Street, Suite 550, Oakland, CA 9461-3069. b. Notices concerning the claim should be sent to this same address. C. EZATOLLAH SA.IIDNIA and JANI TSENG, defendants in the case ofNorthem Cali&rn a Regional Liability Excess Fuad and Discovely Reinsurance Compexny v, County of Contra Costa et. al:, Superior Court of California, County of Contra Costa, unlimited jurisdiction case number MSC03-02135, were served with the complaint on or about October 29, 2003. d. The circumstances giving rise to this claim are as follows: Plaintiff's, Northern California Regional Liability Excess Fund(`NCR)and Discovery Reinsurance Company(DRC),allege in their complaint for damages against Defendants/Claimants,Ezatollah Saiidnia and Jani Tseng,that water flowed over the banks of San Ramon Creek near property owned by the San Ramon Valley School:District, thereby entering the school district's property and causing damage and destruction of real and personal property owned by the school district, and that this damage was in excess of $3,749,099.13. The plaintiffs further allege that the defendants, and each of them, failed to maintain ............I.......11.........''I'll,..........................................................I................................- .. ... .... ......... ...................................... the creek, easements and easements offered for dedication and nearby area, from the unobstructed flow of storm water and all other water entering and flowing within said creek, and that defendants failed to comply with and enforce federal, state, and local laws. (See Complaint attached hereto.) The afformentioned real and personal property were insured against loss or damage by flooding and other occurrences under a Memorandum of Coverage("MOU')with NCR and a policy of insurance issued by DRC, with the school district as the named insured. The complaint also states that on or about January 29, 2003 and subsequent thereto, plaintiffs, in accordance with the terms of the MOU and the insurance policy,paid the school district a sum in excess of$3,749,099.13 as partial satisfaction of its claim for damages,and therefrom have a right to recover against any party responsible for the damages to the school district's property. The complaint lists as defendants the claimants, Ezatollah Saiidnia and Jani Tseng, Contra Costa Storm Drainage District, Contra Costa County Flood Control and Water Conservation District, Contra Costa County Storm Drain Maintenance District, Contra Costa County, in addition to other private defendants. Claimants, Ezatollah Saiidnia and Jani Tseng, filed this particular claim seeking comparative equitable indemnity, apportionment and declaratory relief as to the Contra Costa Storm Drainage District for any sums that it may be compelled to pay, if any, for which the Contra Costa Storm Drainage District is responsible, entirely or in part. e. The names ofthe Contra Costa Storm Drainage District employees causing the injury, damage,and loss complained of in plaintiffs, Northern California Regional Liability Excess Fund and Discovery Reinsurance Company, complaint are unknown. f The damages to which Ezatollah Safidnia and Jani Tseng are presently exposed is currently unknown. However, plaintiffs, Northern California Regional Liability Excess Fund and Discovery Reinsurance Company,claim's as of this date, is alleged to be in an amount that is greater than $25,000, the minimal jurisdictional limit of unlimited`jurisdiction of the Superior Court. This claim is based upon alleged injuries and damages and/or losses, if any, in an amount to be proved -2- _... . ......... ......... ......... ......... _._. ....... ......................._.. ..__..... _........ ...._.... ......... ......... ......... ......... ................_. _. _._. .._.........._........ later. Claimant submits this claim to the Contra Costa Storm Drainage District, as a precursor, if necessary, to filing and serving a cross-complaint for comparative equitable indemnity, apportionment, and declaratory relief. Dated: December 2, 2003 KNOX RICKSEN LLP ------ Aaron T. Schultz On behalf of Claimants EZATOLLAH SAIIDNIA and JANI TSENG -3- RE: Claim Against Pudic Entity PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ALAMEDA: I hereby declare under penalty of perjury that I am employed in the County ofAlameda, State of California. I am over the age of 18, and not a party to the within action. My business address is at the law offices of KNOX RICKSEN LLP, 2101 Webster Street, Suite 650, Oakland, California 94612-3069. Can December 19,2003,I served the following document described as CLAIM AGAINST PUBLIC ENTITY, CONTRA COSTA COUNTY STORM DRAIN MAINTENANCE DISTRICT on all parties in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, and placed in the United States mail at Oakland, California addressed:as set forth hereinbelow. Clerk of the Board 651 Pine Street Martinez, California 94553 (9:25) 335-1900 I declare under penalty of perjury under the laws of the State of California,that the foregoing, is true and correct, and that this Proof of Service was executed on December 19,2003, in Oakland, California. Jamie Johnson -4- F A+!1 f l:h1C 2 t teE1 tS �' iG 101.11!¢►S 09 a 5Bpit P. 004 t1Y'COIRNeY OR PARTY WIT14 W ATTCANr&'i?Mme,0toto�@wmvm'Arr,and ldd;ws; f�tR C�{497 315iS ty1�Y �TEFFRZY R. OLSON (CSB# x 20945) Law Office of Jeffrey ,, Olson 3205 Fourt enth St riot Modesto CA 95354 7i r as io: 209/52S9 ?B mxNo,(n�: 209/525-8623 i J d-MAILAr)ORMfontfmryr}.jrolsonlesb global net A. ATT0R r,_R.2 t> Ir Ns c aeras xatil Liubilit'�,t+;,�c ga Pi=d�r Discover R�j nsjzxa:ncc 0, _ NAmeot°couRT: CONTRA COSTA COMITY SUPZRIaR COURT sTrzs&T AonPty s: 725 COURT STRRLT MAIU(413 ADIUMss.-P.O.y DCS 912, _....... ..:... .. ......... CITY AND ZIP 00151~1 .T1142Z, CA 94553 ettatucttrtan� :MA5 TINE PLAINTIFF;Nortbern California Rag'oral Li;abcees Fund and Discover Reinsurance Company DGFEN3A,NT; County of Contra Costa, see pg. 2 for additional de:ferndarits, and ,GVZ E13 r 0s o 0. SUMMONS is SUED COMPLAINT--Personal Injury,Property Damage,Wrongful Death EJ AMENDED fftrn ber): Type(check all that arpply). MOTOR VEHICLE EU OTHER(specify): Promisee Liability, cy J Property Damage Wrongful Death .Trespass, Nu.f.sance Personal Injury { Other Damages(spacny): Jurisdiction(check alt that apply); ACTION IS A LIMITED CI1tT CASE CA.4n NUMSEe. Amount dom anded =1 does not oxceed$10,000 J� _ exceeds$10,800,but does not exceed$25,000 CT1GN 13 AN UNLIMIT._b CIVIL.CASE{axreeds$25,000) ACTION IS RECLASSIFIED by this amended complaint °=¢ from limited to untirnited frprn unlimited to limited 1. PLAINTIFF(name)., kortrb,er.2 Cals s€)rnJ.a Re tonal Liability Excess Fund I IINCRII) and. Discover Reinsurance Company (11DRd"� alleges causes ofa6ion against.DEFENDit T(nPme),t:o. of r;:>t%,va caste, those def,rnda,.nta listed on pg. 2, and Doem`` Z This pleading,Including attachments and exhibits,consists of the following number of pages: 14 3. Each plaintiff named Above is a competent adult a. C17 exceptplaintiff(natrne): Northern California Regional Liability Exeets: rund (1) L_.Lj a corporation qualified to do business in California ( ) f7an unincorpomtsd entity(describe): (3) a public:entity(describe): (4) a minor F-7. an adult (a) for wham a guardian or conservator of the estate or a guardian ad litems has be(-,,n appointed (b) { outer(spc:sry); (6) M other(spacify); a self-insured super pool b. [ except plait tiff(Mame): D.scover Reinsiir, .cep Company (#} M a corporation quali#led to do business In oalifornia (2) an unincorporated entity(descrfhe): (3) a public entity(q scribe): (4) FD a minor L an adult (a) ] far whom a guardian or conservator of the estate or n guardlan ad litem has been appotnted (b)( other(spaclty): (5) = other(specar`fy): Information about additional plaintiffs who are not competent adults is shown In Complaint---Attachment,3. �nrm4ppcavwtar()punnattfae COMPLAINT—Personal Injury',Property Coem r1vt#PeseodLita, A25.12- m>u tttmrJt�,f carrfwnla 982A ll ,a 4v t,20021 Damage,Wrongful Deathxas-till F"A!eD ENC I NaERS 'NC 1t�! 3 J08 03 s Spm P. 006 I " r SHO T-mne- tlorthern California Regional Liability { excess sand, et al_ v. County of Contra, Costa. et a3 Attachment t o Ca ton of the Complaint { 2 1 3 Additionally named defendelxts in the caption of taxis Complaint { 4 (incorporated into the caption on page :l_ of this Complaint as if wily set 1 5 forth at that point) B CuaLi,a Coata. County Storm Drain maintenance .uistrict; Contra Costa 7 County Flared Control and Water Conservation District; Contra Costa Storm 1 8 Drainage District, Danville Statiox1. Homeowners Association; Scott A. McHugh 9 and Sharon J_ McHugh, ind',.vidua.11y and ars trustees of The McHugh Family 1 10 'Trust; William Godfrey, KathleenGodfrey; Michael. J. tzisenti; TracyE. 1 11 Pi.senti; Bruce W. Bettis and Tris L. Bettis, individually and as trustees of i 12 The Bettis Family 'T'rust; razatollah Saiidnia and J ni Tseng, individually atd 13 as trustees of the Saiidn:i.a Family Trust, 14 15 16 17 18 = 19 i 20 21 22 23 24 25 s 26 (Required for ve itr"ed pleadi:xg) The ltoms on this page stated on information and belief(specify Hem mimbers, not fine numbers): _ 27 Tht page may be used w€t#3 easy Judie ial Council form or any other paper filed witia this =court, Page fiarn,a xnvee�swtrre ADDITIONAL PAGE du al couarz OtUrf r14CRC 20t, sari ' te1c4 �Au».hx+ar�y 1.enif i Attach to Judicial Council Form or Other Court Paper So i Fi� ENC I NeER"S- NC 1 @�'e 1/0e ea l sepm P. 01i`le }' SHORT TITIE>Nort^hern California Regional Liability Excess Fund, arsKNUMUR' v. County ot Contra Costa, et al. 4. (Plaintiff(name):.Subrogation allegations, see Attachment 4 s S. Each defendant n�irrred above is a natural person a. M except defendant(name):County of Contra a. F7X except defendant(name):Contra Costa Costa County Storm Drainage District 'a (-l) s business organization,form unknown 0) f�r-^� a busines-s organlzetlon,form unknown (? L_) a corporation (�) 1'2 C-tpomtion (3) an unincorporated entity(describe): (3) an unincorporated entity(drrscriba): (4) FT a public entity('deSCribG): a County (4) a public entity(dsscrr.'bq): a district (5) other(specify): (5) .1 other(5pecify): r b. except defendant fname): Contra Costa d. [7X except defendant(mare). C.Arra Costa County Storm Drain Maintenance County Flood. Control and Wager �. District Conse:ryation District (1) a buslncss organization,form unknown (1} a business organization farm unknown (2) a corporation (2) a corporation (3) i an unincorporated entity(describe). (3) an unincorporated entity(describe): (4) a public entity(describe): a distract (4) (Z a public entity(describe): a distrriot (5) other(specify): (5) other(specify): CU Information.about additional defendants who are not natural persons is contained In Complaint Attachment 5, 6. The true names and capacities of defendants sued as goes are unknown to plaintiff„ a 7,( Defendants who are joined pursuant to Code of Civil Procedure section 352 are(names); S. This court Is the.proper court because a. a.j`at least one defendant now resides in its jurisdictional area. b. =the principal place of business of a defendant corporation or unincorporated assoclatlon Is in its jurisdictional area. c. CE injury to parson or damage to personal property occurred in its jurisdictional area. d. otbar(specify): i 9.M Plaintift is required to comply with a maims statute,and a. plaintiff has compiled with applicable claims statutes,or b. It., plaintiff is excused from complying because(specify): i F > .�itlf .Jwy j.matt COMPLANT T---Personal Inj'ur'y,Property Page 3 Darnag'e,Wrongful Dead FA`r D ENC Y NVER ,NC 101,p1/09 09!seem P. 007 St1t1t`tri'rrtE: Northern California Regional Liability c�sffir�uroe>a i Excess Fund, et al. v. County of Contra Costa, et al 1 Attachment 4 2 1. The Sean Raman valley Unified School District ("Districtf") , > a school 3 district and California public entity, is and at all tunes herein mentioned 4 was the owner and in possession &.ad control of certain real property ;f 5 consisting of land, school buildings, and other structures, fa ilitiers, and a appurtenants situated in the County of Centra Costa commonly k�%vwEx as 7 Charlotte Wood Middle School, 600 El Capitan Drive, Danville, California b 8 94526, as well as personal property located thereon. 9 2. At all times herein mentioned the aforementioned real and personal z 1f1 property were insured against loss or damage by flooding and other 11 occurrences under a Memorandum of Co�ierage ("MOU") with XCR and a policy of ej 12 insurance ("Policy") issued by URC, with District as the mamed insured. 13 3 . As a, proximate result of the torts of defendants, and each of them, as f 14 herein alleged, and the damage &ad destruction, of certain of the 15 aforementioned real and personal property, as herein alleged, District was 16 datltaged in. a Sum in excess of $3,749,099.13. Said sum represents, but is 17 not limited to, cleanup, repair, replacement, and associated expenses. Of 18 the payment of S:�, 7 9.095.1.3, NCR paid $221,318.99 and DRC paid 19 $3,527,780.14. 20 4, On or about January 29, 2003 and subsequent thereto, plaintif:t S, in F 21 accordance with the terms of the MOO and Policy, paid. the District a sum in 22 excess of $3,749,099.13 as partial satisfaction of its claim for said. 23 damages and therefrom exercised their rights to recover against any party 24 responsible for the damages to the extent" that payment therefor was and is 25 to be made by plaintiffs. i 26 (Required for vedfred pleading) The items on this pane stated on information and belief{spvalfy rt m numbers, not line numbers); _ 27 page may be used with any Judicial Council form or any other paper filed with this court. ac�e "Approvidby:ho .ADD1TIONAl.PAGE ' C=01 of 031fteia ORO 201, 901 a nae-020(New aamwy 1.tsazi Attach to.f�r3lc#at Council Form or Other Goran Paper a� f u t F AIM ENG I NOERS r NC 1 o/w/e s ea sapm P. we E SHQ6T`ITLE. Northern California Regional Liability cac�nti � 'excess Fund, et al, °v. County of Contra Costa, et al € Attachment 5 to GoFzrglsirit 3 e. Each defendant named above is a natural person except Danvillc 4, Station Homeovmers Association, a business organization, forth urjc:3a,Own. 5 6 7 9 10 3 12 13 14 15 16 17 18 i 2© 21 22 aS 24 25 26 (Required for verified pleading) The Items on this page Stated on information and belief(specify item numbers, not line numbers): 27 # This page rrFey be used with arty Judicial Council form or any pthor paper filed with this c urt. Fuge 5 ! FgrmAppremdbyf}ir 1�t?I3ITIC5hiAi.I�AfsE —. wMcur Courxai of Cai, Attach to Judicial Council Form or Qthar Court Paper •. c�c x+.sot c ►AC GYd000 41 For t,a8s7j Optltlnat Farm ".� Fro fn ENG I NeERGS x NC 10/91/03 09166pim P. 009 SHC RT'nnEe Northern Ca,7 i!forma Regional. 'Liab lity Excess CAM NUMSE& FLind, et al: v. County of Contra Contra, et* al.. 10.The foliowing causes of action are attached and the statements above apply to each(earn complaint mast have one or more a causes of actforr atfasched): a. Motor Vehicle b. General Negligence G. } intentfonal Tort d, Products-Liability e. Premises Liability f, X Other*ealfy): :trespass and .Nuisance r 11, Plaintiff has suffered _ a- wage Joss b. loss of use of property c, hospital and medical expenses d. [ general damage : e, property damage f. loss of gaming capacity g. other damage(specify): interest at the legal rate according to proof i 12, [7-] The damages claimed for wrongful death and the relationships of piainflff to the deceased era a. , listed in Complaint—Attachment 12. b, [ } as follows: 13,The relief knight in this complaint Is within the jeiftliction of this court. i 14. PLAJNTIEF PRAYS for judgment for costs of suit:for such relief as is fair,just,and equitable;and for compensatory damages ` (2) ( punitive damages b. The amount of damages is(you most check(1)In cases for persona injury or wrongful death): (1) M accoi°ding to proof (2) in the amount af:$ in exceus of ,;3,74 3,099.13 1b, The paragraphs of this Complaint allaged on Information and belief are as fo.flows (.§peclly paragraph numbers): i Data: Augus t r3 2003 9 , t a - Y R. QL'8QN "f•ik"= � "" .. 2 t7YPI!Oft PMNT NAMHi {OGNcA•t Up OF P AINtIPB CYl4 AY1 G�IRNCY} esu. 0)fke%MY1,2M21 COMPLAINT-- Personal Injury,Property ksc`ige b 4 ©amago,Wrongful Death F€+`eD ENC I Net RS NC leap /oa era t sepm P. 010 SFfoft'Pnlri.E: Northern California Reclional Liability Excess 041aeRUMM. F=d, et al'. v. County of: Contra Costa, et~ al. FIRST CAUSE,OF ACTION »Premises Liability Page-7 ter ATTACf•ilV}PNT TO X2Compla nt l7Crows-Complaint (Use a separate cause of action fowl tot-each cause of action.) Prem,L-1. Plointiff(name): XCR and n z,C alleges the acts of defendants were the legal(ptox1mate)cause of damaged to plaintiff. Ern(dbte): !2/13/02 to 12/18/02 plaintiff was injured on the following promises in the following foshion(description of premises and circumstances of injury}: Sero ,Attachment Prim.L-1. E Pram.L-2. M Count tone-Negfigence The defendants who negligently owned, maintained, managed and operated the described premises were(name&): See .Attachment Pvem.1,-2. 91 Does_L to- S Prem.L-3. Gil Count Two-Vinliful Failure to Warn [Civil Cade section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were . (raarnes}:. �Doe4 - - to Plaintiff, a recreational user, was C:J an invited guest L-,1 a paying guest. Pr'erts,L-d. [ j Count Three-Dange u s Condition of Public Property The defendants wha awned public property on which a dangerous condition existed were(nomas): See Attachment Prem.L-4. Does _` _ .to a. { The defendant puW anti#/had (',$1 actual M constructive notice of the existence of the dangerous condition in suftfcient time pricer to the injury to have corrected it; b, t,Xj The condition was created by employees of the defendant public entity. Prem.L-5. a. rXI Allegations about Other Defendants The defendants who were the agents'and employees of the other defendants and acted within the scope of the agency were.(names): See Att;acbmentr Pren}_L-S. t _ o �g �rte$_,��.......�.�. n_ i b, C The defendants who are liable to plaintiffs for other reasons and Ute reason's s for their liability are described In attachment Prem,L-5.b C as follows(names): ForMAPP«v+eadWN CAUSF_ C9P ACTION -Premises t.iabliify' � �Call : . DpttanAl Form ............................................................................................................................................................................. ....................................................... FAVD ENCIN&ERS YNr, le/sl/09 091sepm P. Oil SHOi•t7'TtTLE Northern California Regional Liability CASr NUMPOt XCeSS VU-134, et al . v. County of Contra CoVta, et al Attacbment Frem.L-1 2 3 ' Water flowed over the banks of San Ramon Creek near said District 4 property, thereby entering said District property and causing the damages as 5 herein alleged. The defend-Ants, and each of them, fail� ad to iTaintain said 0 cvcc4k., cckoemcnts akad camcments off.exed fox- dcdi ;ntlan azw'l nearby area, from 7 the unobstructed flow of storm water and all other water entering and 8 flowing within said creek, to include: (1) removal and control of 9 vegetation, living and dead, (2) removal of debris, 13) removal of sediment, 10 vegetation and debris in order to maintain the creek bottom and channel at 11 its original depth and hydraulic/design capacity, (4) prevention of erosion, 12 and (S) to inspect said creek for the need for said maintenance on a regular 13 and constant basio. Defendants, and each of them, further failed to co Wly 14 with and enforce Federal, State, and local laws, regulations, and ordin&nces 15 in said maintenance of said creek. Said pubic entity defendants, and each 16 of them, had and have a history of said maintezance of said creek within the 17 To of Danville and the unincorporated areas of Contra Costa County but so 18 sporadic in recent year: that significant decrease in the hydraulic capacity 19 when compared to the original hydraulic design/capacity of said creek 20 existed between the dates of December 13, 2002 and December 18 2002 and for 21 aperiod of time prior thereto, adjacent to and nearby said school property, 22 so as to cause the damages as herein alleged. Said public entity 23 defendants, and each of them, had and have had actual and constructive 24 knowledge of said condition of said creek, and had a duty of said 26 wainte=nce, to comply with and enforce said laws, regulations, and 26 (Required for verlftd pleading) The items on this page stated on information>and belief (vpeaffy item numbers, not fine numbers); 27 This page may be used with any Judlqlsal Council form or any other paper fled with fts I- ;UrL rr4M AWavild by thr ADDITIONAL PAGE JUM60 C&'Mcq of Caftmix MC-Mf*w JNnv-y 1.19371 Aftch to Jutlictal Council Form or Other Court Paper CRc 201,$01 ............ .............I..'',.''.''.,............ ................................................. FA,_eD ENC I NwERS ZNC 10/81/09 O$t s Spm P. 012 { SHOR7"tl`iL9. Northern California Regional Liability CASENU HEM Excess Fund, et al. V. Country of Contra Costa, at al 1 Attacbment Prem.L W 1 ' z 3 ordinances, and to coordinate with other entities, landowners, axad other F 4 individuals said maintenance as a failure to do so would and did adversely 5 affect landowners adjacent to said creek within the boUnda.ries Iof, the Town. 6 of Danville, tha unin.co.rporated areas of Contra Costa County and thaw said 7 public entities' drainage stxuct:ure•s, facilities, appurtenants; upstream and 8 downstream from said creek that runs adjacent to said District property. ' 9 :there have been numerous prior requests from landowners adjacent to these 10 said public entity defendants to undertake as their sole responsibility or 11 to assist said laudOwners in said maintenance. Some said requests were 12 honored by these said public entity defendants and other:> were decl.,reed._ 13 Said. Landowners, by th.e,.9c said public entity- defendants' actions, were led 14 to believe these said public entity defendants had/have responsibility for 15 said maintenance and so relied ua that belief in aot properly 7Ttm int.i.ni ng 16 said. creek, easements and easements offered for dedicaLion on their c�wr rest 17 property. A dedication of the easements within the property of landowne-ro, 18 nearby said District property was accepted by these said public entity 19 defendants, 'by, implication or by fact, by action of'i.ts governing board 29 and/or conduct by its employees, officers, massagers, and agents, thereby 21 creating a duty of said maintenanace by way of ownership and/or control 22 23 24, 25 f 26 (Required for verified plt dlhg} The items on this page steted on information and belief(specify ftm numbere, not line numbers) 27 ... This page may be used with eny Judicial Counr ti €orm or any other caper hied �+ith this spurt. page-, Fcnna bytes ADDITIONAL PAGE } dt+-020{4 awJanutvyowxd of W1,418 A Cts�l,�Llt{tC�v�i l:flUtlCi���S€Yl7 4F��1R1 .�'QtlLi�� ids CiZG 201. 5ti9 atc.oxo;Wawtarnuepy�,tsar, p Sn�' or imAl Farm 5 pfd D Eh1CINWERS .T`-IC1t 1 7lQI s 3ptn P. 019 EEx 4oR1 riTLe: Northern California Regional Liability >*�� t c;ess Fuzid, at al. v. County of Contra Costa, et al [ Attachment Praam.L-2 {; 2 3 DaAville Station xome ownsrw A$$OC .ation; Scott A. McHugh and Sharon a. 4 McHugh, individually and as trustees of The McHugh Family Trustj William t S Godfrey; Fathleen Godfrey; Michael„ J. Pisenti., Tracy .` Pisent ; Bruce W. 6 Bettia arid Iris L. 33tttis, ikxd.i.v iOudlly dzid as trustees cf iae Bettis> Family 7 Trust; Ezatollah Sa.iidnia a-ad Jani Tseng, individually and as trustees of i } 6 the Saiidnia. Family trust, and 9 10 11 12 14 15 1s 17 18 a Y - 24 21 22 23 24 25 i 28 (Required for'uc tftd pleading) The items on this page stsatgd on Information and ballet (spectty jten?numbers, not tins ncrmrsJ: .27 it71a page moy be used with any .tud-ficlat Council form or any other paper flied with this court Fuge iO i - raomtc�ro �z�rtt»s ADDITIONAL PAGE -%dtr�fj Counoif of CwifwwoCCC 201.501 o�rz�{#ti tacc- w t�uary r,laar3 Atta4h to Judicial Council Farm or Othor Court Paper soku, Sq- • b15Gon�t urns � _ .� i, .................................................................................................................................................................................................. . .......................................................................................................... ...... ............................................................... FAs:D ENC I NWERS -­,iC ie/aj/09 0916epM P. 014 CA M um a S R, SHORT-nTLE: Northern California Regional Liability R, Excess Fund, et al. v. County of C011tra Costa, et al .T Attacl=eut Pram.L-4 2 31 Co-=ty of Contra Costa, Contra Costa County Storm Drain Maintenance 4 District; Contra Costa County Flood control and Water. Conservation Di tr t 6 Contra Costa Storm Drainage District, and 7 72 13 14 17 18 21 22 23 24 25 26 (Required for verified pleading) The items on this page stated on lnforma#onelle nd b f C 0 pe tfy item numbers, not line numbers): 27 I I [ 's Page m2Y_b'6,Lt,"0 YAth arty JUdicial Councif f0mi or any other Paper filed %Mth this court. Pa ADDITIONAL PAGE MC-420 INWX Jwwafy 1,M71 Affach to Judicial Council Porm or Othor.Court Paper CW 201. -W1 ''I'll.-,................................................................................................................................................................... ................................................ FA:dD ENCINwERS, TNG 10/'�1/03 081sepm P. els SHORTTM-E: Northern California Regional Liability f Excess Fund, et al . v. County of Contra Costa, et al Attachment Prem.L-5 rt 2 3 County oe Contra Costa, Contra Costa Couxity Storm Drain Maintenance 4 t)istrict; Contra Coota Cqturnty Flood Control and Water Conservation District,, 5 Contra Costa Storm Drainage District; Danville Station Homeowners 0 At&aQuiait Lon; Scott A. McHugh and Sharon ZT. McHugh, individually and as 7 trustees cad The McMugh Family Trust; William Godfrey; Vathleeil Godfrey; 8 Michael .T. Pisenti; Tracy E. Pisenti; Bruce W. Bettis and Iris L. Bettis, 9 individually and as trustees of The Bettis Family gust; Ezatollah Saiidnia 10 and Tani Tseng, individually and as trustees of the Saiidnia Family Trust, 11 and 12 13 16 20 21 22 23 24 25 26 (Raquhed for verified pleading) The items on this pnqo stated on Information and hallef(gpacdy Item numbers, roof fine numbem): 27 This page may be used with any Judicial Council-farm or any other paper filed with this court. Foga 12 FOM Aoramd by 4ha ADDITIONAL PAGE Awwt Cowd*f CAof&rjn MC-020(Now jlt�Korf I,IS671 Attach to Judicial Council Form or Other Court Paper 2.01, WI ortawfif Put M .................................... .............. 03.1s8pm P. 016 orthern California Regional Liability-- CASE s excess Fund et al. v. County of Contra Costa, et all SECOND CAME OF ACTION -- TPESPASS 2 (Attacbment to Complaint) 3 4 1. The allegations set forth in paragraphs Prem.L-1 and Prem-L-5 of the 5 First Cause of Action are incorporated herein as if fully set forth at this 6 poi=t. 7 2. On or, about December 13, 2002 through Decembcr 18, 2002; defendants, aad 8 each of them, without District 's cansent, entered the aforementioned real 9 property by way of flood waters and the like, causing said damages. 10 3 . As a proximate result of said entry, Dintrict's real and personal 11 property was damaged as herein alleged. 12 4. Prior to and continuing through December 18, 2002, the acts or omissions 13 of the defendants, and each of tham, were done with the knowledge that Said 44 conduce would, to a substantial cerrainty, result in thf,- flooding o-E the 15 District property, causing said dainages. 17 19 20 22 23 24 25 26 (Required for vefified plaad4ng) The Items on this page stated on information and belief(specify h1em numb",, not line numbers): 27 This page may be used Mth any Judicial Council form or any other paper filod with this ce7urt- page 13 Fam AWtuv*d by U* ADDITION PAGE Attach to Judicial Council Form or Other Court Paper SOLMZ"' M0020 P*v jar"ry 1,1071 ooftwl Form .......... 2,0/-1�1/es otisepm P. 017 frA-:eD E�ClNwERV' 'NC SHORTME: NO-rthe= Califo,.nia Regiorial Liability -&ceas Fund, et al. v. County of Contra Costa, et al T=RD CAUSE OF ACTION IMISANCE 2 (Attachment to C=Qlaint) 3 4 1. The allegations set forth in paragraphs prem.L-1 and Pr,em.L-S of the 5 First Cause of Action are incorporated herein as if fully set forth at thls 7 2. As a proximate result of the nuiaance created by defendauta, and each of 8 them, District and plaintiffs have been damaged as herein alleged 9 3 . At all times herein mentioned, defendants, and oach of them, have 10 occupied, owned, controlled, used, aud maintained certain real :property near 11 or adjacent to said District property so that water flowing through San 12 Ramon Creek would flow onto said District's property. 43 4. The aforementioned occupation, ownership, control, use, and: maintenance 14 of said property constitutcs a nuisance within the meaning of Civil Code §9 15 3*479, 3480, 3481, axid other pertinent laws of the State of Califom.-ia- 16 17 20 21 22 23 24 26 713 (Requlrad for verified pleading) The items an th13 page stated on Information and be (,ipeoffy ite-m nurnbers, not ftne numbers)., 27 is page may be used with any Judicial Council form or any other paper filed with this=wurt pgge_14 ADDITIONAL PAGE -hJqWqJ 00grol o CsafomlaPIRC 201. $01 Attach to Judletal CoUncif Form or Other Court Pyr SO'S .......... f{ M V'1 tt'1 d' Ch cC O ��U Uwe z w J H r Q z z � H � H Q N W b O W n F N 7 N p g w a W z 2 � F � N �y C � W 4 F U N 61 p W 3 a O Y Q N Q CLAIM BO F S PE VI RS OFCONTRA COSTA COUNTY Eta €.&TI JaUARY .2 :... Claim Against the County, or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Beard Action. All Section references gre to. ., The copy of this document mailed to you is your California Govent Codes. _.. .) ,notzce of theaction taken on your claim by the ' :Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4.Please note all"Warnings". AMOUNT: IN EXCESS OF $25,000.00 CLAIMANT: EZATOU AH SAID NIA AND JANI. TSENG AGAINST STORM DRAIN MAINTENANCE DISTRICT ATTORNEY: AARON T 5CHULTZ :MATERECEIVED: DECEMBER 22, 2003 ADDRESS: KNOX RICKSEN LLP BY DELIVERY TO CLERK.ON: DECEMBER 22, 2003 21.01 WEBSTER -STREET, SUITE 650, OAKLAND, CA 9412-3069 BY MAIL POSTMARKED. DECEMBER 19, 2003 FROM Clerk of the Board.of Supervisors TO County Counsel Attached is a copy of the above-noted claim. JOHN SWEET 0k Dated: DECEMBER 22, 2003 By:; Deputy II. FROM: Cownty Counsel. TO:Clerk cif tlio Board of Supervisors j} This claim complies substantially.with Sections 910 and 910.2. { ) This Claire FAILS to comply substantially with Sections 910 and 910.2,and we are so notifying claimant. The Board cannot act for 15 days(Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed We and send warning of claimant's'right to apply for leave to present a late claim(Section 911,3). ( ) Other: .bated.: ' ' B Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) ( } Claim was returned as untimely with notice to claimant(Section 911.3). . IV,,,BOARD ORDER: By unanimous vote of the Supervisors present: (vl This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Carder entered in its minutes for this date, Dated: 'cit ' JOHN SWEETEN,CLERK, By Deputy Clerk _ WARNING(Gov. code section 913) Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court,action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter:If you want to consult an attorney, you should do so irnmediatel . *For Additional Waren See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I azo now, and at all times herein mentioned,have been a citizen of the United States,over age 18; and that today I deposited in the United States Postal Service in Martinez,California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: -tf JAe' OI N SWEETEN,CLERK By Deputy Clerk .................... .................. ........... ...................................... Claim against public entity,Contra Costa County Storm Drain Maintenance District. Clerk of the Board 651 Pine Street 2003 Martinez,California 94553 (925) 335-1900 To Contra Costa County Storm Drain Maintenance District: You are hereby notified that EZATOLLAH SAIIDNIA and JANI TSENG, by and through their attorneys, Knox Ricksen LLP, hereby make a claim against the Contra Costa County Storm Drain Maintenance District in an amount according to proof and in excess of$25,000.00: a. Claimant's post office address, by and through his attorneys, Knox Ricksen LLP, is as follows: 2101 Webster Street, Suite 650, Oakland, CA 9461-3069. b. Notices concerning the claim should be sent to this same address. C. EZATOLLAH SAIIDNIA and JANI TSENG, defendants in the case of Northern CahLornia Regional .Liability Excess Fund and DjsLcqve Reinsurance Company v. County o Contra Costa et. al.. Superior Court of California, County of Contra Costa, unlimited jurisdiction cage number MSC03-0213 5, were served with the complaint on or about October 29, 2003. d. The circumstances giving rise to this claim are as follows: Plaintiffs, Northern California Regional Liability Excess Fund(NCR)and Discovery Reinsurance Company(DRC),allege in their complaint for damages against Defendants/Claimants,Ezatollah Saiidnialand Jani Tseng,that water flowed over the banks of San Ramon Creek near property owned by the San Ramon Valley School District, thereby entering the school district's property and causing damage and destruction of real and personal property owned by the school district, and that this damage was in excess of $3,749,099.13. The plaintiffs further allege that the defendants, and each of them, failed to maintain the creek, easements and easements offered for dedication and nearby area, from the unobstructed flow of storm water and all other water entering and flowing within said creek, and that defendants failed to comply with and enforce federal, state, and local laws. (See Complaint attached hereto.) The afformentioned real and personal property were insured against loss or damage by flooding and other occurrences under a Memorandum of Coverage C'MOLT")with NCR and a policy of insurance issued by DRC, with the school district as the named insured. The complaint also states that on or about January 29, 2003 and subsequent thereto, plaintiffs,in accordance with the terms of the MOLT and the insurance policy, paid the school district a sum in excess of$3,749,099.13 as partial satisfaction of its claim for damages, and therefrom have a right to recover against any party responsible for the damages to the school district's property. The complaint lists as defendants the claimants,Ezatollah Saiidnia and Jani Tseng, Contra Costa County Storm Drain Maintenance District, Contra Costa County, Contra Costa County Flood Control and Water Conservation District, Contra Costa Storm Drainage District, in addition to other private defendants. Claimants, Ezatollah Saiidnia and Jani Tseng, filed this particular claim seeking comparative equitable indemnity,apportionment and declaratory reliefas to the Contra Costa County Storm Drain Maintenance District for any sums that it may be compelled to pay,if any, for which the Contra Costa County Storm Drain Maintenance District is responsible, entirely or in part. e. The names ofthe Contra Costa County Storm Drain Maintenance District employees causing the injury, damage, and loss complained of in plaintiffs, Northern California Regional Liability Excess Fund and Discovery Reinsurance Company, complaint are unknown. f The damages to which Ezatollah Saiidnia and Jani Tseng are presently exposed is currently unknown. However, plaintiffs, Northern California Regional Liability Excess Fund and Discovery Reinsurance Company, claim's as of this date, is alleged to be in an amount that is greater than$25,000, the minimal jurisdictional limit of unlimited jurisdiction of the Superior Court. This -2- claim is based upon alleged injuries and damages and/or losses, if any, in an amount to be proved later. Claimant submits this claim to the Contra Costa County Storm Drain Maintenance District, as a precursor, if necessary, to filing and serving a cross-complaint for comparative equitable indemnity, apportionment, and declaratory relief. Dated. December 2, 2003 KNOX RICKSEN LLP By: a Aaron T' Schultz On behalf of Claimants EZATOLLAH SAIIDNIA and JANI TSENG -3- RE: Claim Against Public Entity PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ALAMEDA: I hereby declare under penalty of per ury that I am employed in the County ofAlameda, State of California. I am over the age of 18, and not party to the within action. My business address is at the law offices of KNOX RICKSEN LLP, 2101 Webster Street, Suite 650, Oakland, California 94612-3069. On December 19,2003,I served the following document described as: CLAIM AGAINST PUBLIC ENTITY, CONTRA COSTA COUNTY STORM DRAM' MAINTENANCE DISTRICT on all parties in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, and placed in the United States mail at Oakland, California addressed as set forth hereinbelow: Clerk of the Board 651 Pine Street Martinez, California 94553 (925)335-1900 I declare under penalty of perjury under the laws of the State of California,that the foregoing is true and correct, and that this Proof of Service was executed on December 19, 2003, in Oakland, California. Jamie Johnson -4- FAZD ENC I NeERS "NC 10l?i1109 0r3 t��pm P. 004 ar NeY ore Pnarrwrnu0U POR cover use O t,y nFFPZY R. OLSON (CSB4 120945) Law Office of Jeffrey R, Olson 1105 Fourteenth Street~ Modesto, CA 95354 ���:' ;# jti . �i T rrscrtr rue:2 09/52 5-.9084 -Ax No,(omjmxv. 209/525-8623 fi•arataA00FM s(nptrorrr), jrolsC7al@sbCglobal.net A°rro ey OR Womok X� CA ttp#�ia, zlq t; L cM1bi a C,v xc 1„ r3fr aver r� nEsrt tlCc Co.,, mAmeorcom-nCONTRk COST�A.LS�'.C[.C+`�,C7I<T,NTY' SUPZRIOR COURT sTnsT Aonsess! 7 2 S CO STREET ET t. ,+Y,� :1;•'"'�r` :+5';'i'"; WA,#40 ADFfWSO:P_C, BOX 911 :.... .....:........ . : ........ ... ._....... .:..... cnv Arris zja corn;:KART�Nr=, CA 94553 F'LAiN`i"IFF:Northern California Regional Liabi' iry Isdxce.>� Fund and Discover Xeimuranre Company DFENDANT. County of COIlLra C©s ta, vee 2 LCA additional defendants, and GOES 1 TO 1 µ # COMPLAINT--Personal Injury,Property Darnage,Wrongful Dearth F-) AMENDED(Nornber)., Type(check all that apply): € MC37't3f VEHICLE Gr1HER{�pecf#y}: Promises Lia. I.ii y, ,j Property Damage Wrongful Death ,Trespass, Nul.oa=e 3 _ Personal Injury [ Other Damages(spectty). Jurisdiction(check all that apply); L._ - .__J ,ACTION IS A LIMITED CN(IL CASE CARIA NUMBER: Amount demanded does not exceed$10,000 ._ exceeds$10,000,but sloes not exceed$25,000 ACTJO I IS AN UNL.IMI*6 CIVIL CASE(exceeds$25,000) ;� �= '� � .�� _•: =, e ACTION IS RECLASSIFIED by this amended complaint _ from limited to unlimited from unlimited to limited 'i. PLAINTIFF(name): Northern Ca:1i5r,:rn i.a Regional Liability I xcess Fund ("NCR") and. Discover Reinsurance Company (11DRCr1 alleges ceruses of action against DEFENDANT(r ams):tri. rf, rotatx,1 cost, those listed orz pg, 2, aad Doer. 2. This pleading,Including attkhments and exhibits,consists of the fallowing number r f pages: 3. Each plaintiff named aWve is a competent adult a. [17 except plaintiff(name): Northern California Regional. Liability Excess rund (1) a corporation qualified t4 do business In Colifornia (2) an unincorporated ontity(desor#be): (3) (-_. a public entity fdescribe): (4) L] a minor an adult (a)[ fbr whom a guardian or conservator of the estate or a guardian ad€item has been appointed (b) other(sp&C+f) :' (5) M ashar(sp*cify): a self-insured super pool, ' b. EK except plaintiff(name): Diucover Reinstira.nce Company ('I) .] a corporation qualified to do business in 10,911fornia (2) an uninrprporakart entity(desrrlhe): (3) a public entl�asodba). (4) a Minor an adult (a) j for whom a gtlardlen or conservator of the estate or a guardian ad litem has been appointed (b) other(sp�scify), (5) = other(speofy): information about additional plaintiffs who are not competent adults Is Shown In Complaint—A tachment 3. F Appravea rnrrSpuGnaiahs COMPLAINT--Personal Injury,Property C&fnorCbAi P=edwc 64.25.12 >t+1cEeI 1 1.01$t td trAF�€ 101 , s02.10)lac:40Yr,20021 Damage,Wrongful Death So �� .................................. ................ FOLeD ENC I NOERS 'NC 10/1SNI/M 091sepm P. OOS Northern California Regional Liability cm NJUAFk Fund, at al- v. County of Contra, Costa.. et all Attachment to Ca tion of the Complia;Wt Additionally named defendants in the caption of this complaint 4 (incorpora.ted into the caption on page 1 of, this Complaint as it fUlly set 5 forth at that point) . Cus4Lc'u Costa County Storm Drain mainte-nance District:; Contra Costa 7 County Flood Control and Water conservation District; Contra Costa Storm 8 Dzainage District; DanvillG StatioZ, Homeowners Associat:ion; Scott A. McHugh 9 and Sharon L7. McHug h, individually and as trustee--, of The McHugh Family 10 Trust; William Godfrey; Kathleen Godfrey, Michael. J. Pisenti; Tracy E. 11 Pisenti; Bruce W. Bettis and iris L. Bettis, individually and as testees of 12 The Bettis Family Trust; 7zatollah Salidnia and Jana. Tseng, individually aiad 13 a$' trustees of the Saiidnia, Family Trust, 14 16 17 Is 19 20 21 22 23 24 25 26 (Required for vefifiad pleading ,) The itorns on this page stated on information and belief(specify Rem numbers, not fine numbers), 27 Th1a page may @e used th arty Judicial Council form or any other paper filed with S Court. -AbUT-T-IONAL PAGE JU*w coumn of cewnl* VC-=[Mnw JmuAry 1,1AR71 Attach to Judicial Council Form or Other Court Paper S CRC 201. 541 F'A' D ENC I NeERS -NC 10l�3l08 091sapm P. OOe SHORT TITLE.Northern California Regional Liability access Fund, casr:HuA9R. et al. v. County of Contra Costa, et al. r " 4,[E.. Plolntlff(neme):Subrogatioxi allegations, see Attachment 4 F 5. Each defendant named endue is a natural person a. a except defendant(nerve):County of Centra c. CE oxcopt defendant(frame):Contra Costa Cout:a County Storm Drainage District ("l) a business organization,form unknown (1) M a buslness Organization,form unknown (2) a corporation =a aarparation (3) an unincorporated entity(descr) ): (3) an unincorporated entity(dear(tbe): (4) DX7 a public entity(descnbo): a county (4) CE a public entity(deser)be): a. district (5) =other(specify): (b) other(specify): b. L_:K_J extept defendant(name): Contra, Costa d. EX7 except defendant(narne): Contra Costa County Storm Drain Mainta na,ttce County Flood Control. and Water F. District tvL1'.ilst'r`tr'ataion District (1) a business organization,form unknown (1) a business organization,form unknown (3) a corporation (2) a corporation (3) (3) an unincorporated entity(describe): ' (4) a public entity(descr:�o): a distrrict (4) {� a public entity(cfescri(�4l: ;� district (5) [ other(specify): (5) # other(sperify).'- F Information.about additional defendants who are not natural persons is contained in Complaint-- Attachment 5. _ 6. The true narnes and capacities of defendants sued as Does are unknown to plaintitr. 7.Q Defendants who are joined pursuant to Cade of Civil Proct-dune section 382 are(nemes); ' 8. This court is the,proper court because a. aj=at least one defendant now resides in its jurlsdictlonal area. b. the principal place,of business of a defendant corporation or unincorporated association is in its Jurisdictfonal area. c. injury to person or damage to personal property occurred in its jurisdictional area. d. [ other(specffy): i 9.M Plaintiff is required to comply with a daims statute,and a. plaintiff has r compiled with applicable claims statute;,or b. �_. plainttlf is excused from complying because Opedfy): i r , k rir.tttlt ay. Yi. i COMPLAINT---Personal Injury,Property Page 3- D age,Wrongful Death FpCeD EnkeINeER%—NC 10/p1/0a 091sepm P. 007 �, GASB t kiIMBL•#2 15Ht7rzTl`trLE: Northern California Regional Liability Excess i+Und, et al.. v. County of Contra Costa, et al 1 Attachment 4 2 1. The San Ramon Valley Unified School District ("District") , !a school 3 district and California Public entity, ijs and at all. times herein mentioned 4 was the owner and in possession and c=tr»cel Of certain real property 6 consisting of land, school buildings, and ether st«ructui�es, facilities, and 6 appurtenants situated in the County of Contra. Costa commonly known as 7 Charlotte Wood Middle School., 600 Sl, Capitan Drive, Danville, California 8 94526, as wel.l as personal property located. thereon. 9 2. At all times herein mentioned the aforemantianed real and personal 1d3 property were insured against lass or damage by flooding and other f` 11 occurrences under a Memorandum of Coverage (11MOU") with NCR and a policy of 12 insurance ("Policy") issued by DRC, with District as the n,*me;c3 i"i red. 13 3 . As a proximate result of tho torts of defendants, andd each of them, as ' 14 herein alleged., and the damage and destruction of certain of the 15 aforementioned real, and personal property, as herein alleged., District was 16 damaged in a sum in excess of $3,749,499.13. Said sum represents, but is 17 not limited to, cleanup, repair, replacement, and associated e. sense, Of 18 the payment oaf, $3, 749.099.13, SCR paid $221,318 .99 and DRC paid 19 $3,527,784.14. 20 4, On or about January 29, 2003 and subsequent thereto, plaintiffs, in 21 accordance with the terms of the: MOTI and Policy, paid the District a sum in F 22 excess-of $3,749,099.13 as partial satisfaction of its claim for said 23 damages and therefrom exercised their rights to recover against any party 24 responsible for the damages to the extent that payment thereforwas a4 is 26 to be made by plaintiffs. r 26 (RegUired for verified pleading) The items on this page stated on information and belief('specify itrm numbers, not Brie ' number.%); _ 27 This page may bi.used with any juiftlal Council form or any other paper filod VAth this cour page� } Fs m adav +a ADDITIONAL,PAGE ( t r�r GaRiar ris Attach to Judicial Council Farm or tither Court:Paper sok CRC 201, soy I MG-020(Now Jamuoy 1.W71 op fWM Pam a ........................................................................................................................................................................ ................-.... ..................................... FA;eD ENC INeERS tN,,C 10/$1/09 ala:Sapm P. 009 SHOR-MTLE: Northern California Regional Lictbility jmxcesa Fund, et al. v- County cat Contra Costa, et 4 Attacbment 5 to Complaint 2 e- Each defendant named above is a natural person except Danville 4. Station Homeowners Association, a business organization, form u13know1j. 7 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 (Required for verMed pleading) The items on this page,stated on Information and belief{specify Item niimbers, trot title numberV: 27 LThIs a I form Cr any other paper filed with this court. Page 5 _L -ouncl go may be used with any Judicial C tsy tau.w.. — Agkw Council at calftNe A013MONAL PAGE Aftch to Judiclal Counctl Fortn or Other Court Paper W1 CRC:'01 SHORT TITLE:Northern California Rea ona `Liability Exce l CAM MMML —Fund, et a1. v. County of Contra Coet±a, at al. y 10. The folloWng causes of action are attschod and the statements above apply to each(each complaint must have ons ormore causes of action attached): a. = Motor Vehicle b. General Negligence c. intentional Tort cf, Products'Liability E; A premises Liability f, Other(specify): Trespass and Nuisance 11. Plaintiff has suffered a. = wage Joss t>. =X less of use of property c. [ hospital and,medical expenses d. EYJ general damage t e. CY property damage: f. = loss of earning capacity i g. a-J other damage{sfaeoM.— interest at the legal rate according to proof 12. The damages claimed for wrongful death and the relationships of plaintiff to the deceased area a. listed in Complaint Attachmet:t 12. b. as follows: 13, The rellef sotr�ht In this complaint Is within the jurisdiction of this court. 7 I 14, PLAINTIFF PRAYS for judgment for cots of suit,for such relief as is fair,just,and equitable;and for compensatory damages (2) pun'Rfive darriages b. The amount of damages is(y4w must check(f)In cases forpenonpf injury or wrongful death); (1) M accor&16 to proof (2) in the amount of$ art excess of $3,749,099.13 15. Tho Paragraphs of this complaint alleged on information and belief area as follows (speclfy paragraph numbers): Date: August 2003 � �--�,_.���� �_�._,..�.. ,..., : t1YF!OR 1IMNT NAME) •r Ul 60 t.A1P MF 0K All'ORNEYY 9rl,2e(!)(AW,July e;34421 "^ •«»•�`"�+—TM•�r� CC3MPLAINT —PerSonFal Injury,property page 6 S damage,Wrongful Death F'AeD ENC INOERS TNC 10191/09 09:SVPM P. 010 k SHCFtTTIT1.15: Northern California Regioxxal Liability Excess sNsetrtM&:M. } Fund, et al. v. County of Contra Costa, et al. CAUSE,OF ACTION -Premises Liability µ Page r ATTACHMENT TO MComplafnt r- (t)se a separafe cause of roc#on Jb=for eactr cause of Notion.) Prem.L-1. Plaintiff(name): NCR and nrrC alleges the arts of defendants were the legal(proximate)cause of da macgpo to plaintft. Cn(date): 12/13/02 to 12/18/02 plaintiff was injured on tate following premises in the following fpshion(description of pre:m%scs and circumstances of injury): See .Attachment' Prem.L-1, Prem.L-2, M Count tine-Negligence The defendants who negligently awned, maintained, managed and operated the described premises were(names). See Attachment: Prem.L-2. U Does-1-to 2-1; Prern.L-3. J= Count Two-Willful Failure to Warn [Civil Code section 8461 The defendant. owners who willfully or maliciously failed to Huard or warn against a u'arlgerous condition, use, sttuctuee, or activity were (names): _ oes to Raintiiif, a recreational user, was -" an invited guest[""( a paying guest_ Prem.L-4. M Count Three-dangerous Condition of Public Property The defendants who,owned public property on which a dangerous condition existed were(names): Sae .At t achmen L• Prem_J,-4. M. Does 2 15 to 3. [ 3 The defendant putAc entity hart [moi actual M. constructive notice of :the existence of the dangerous contrition in sufficient time prior to the injury to have corrected it b. 1.91 The condition was crenated by employees of"dmfendent public entity. Prerm,i.-5. a. (M Allegations about Other Defendants `f`i're defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(namos): eeey Atra,cbmt-nt preen.T.-5. M ins . .. to--2.2 0 i b. E:i The defendants who are linable to plaintiffs for other reasons and the reasons 1br their liability are J described in attachment Prem.L-5.b t7 as follows(names); S 1 Bw Form ofc rf�, CAUSE OF ACTION -Premises Liability �* � CCP 0a:tz waftiarAftry 1, OFt#at,,A rarm FA4D ENC I NrER5 T.Nr- le/si l03 eas 5epm P. oil SHORTTIT_E: Northern California Regional liability dMrNUMAER, cee5 Fi=.d, et al. v. County of: Contra Costa, et al 1 Attachment Prem.L-1 z 2 3 Water flowed over the backs of San Ramon Creek near said District 4 property, thereby entering said District property and causing the damages as 5 herein alleged. The defendant,, and each of them, failed to maintain said G crcvk, cx Mcme-'nt;s aaa,d zf.al=..ent:s of:-a- ed. for dcdi,:.nt..Lan axid a),earby area, from 7 the unobstructed flow of storm water and all other mater entering and ' 8 flowing, within said creek, to include: (1) removal and control of 9 vegetation, living and dear, (2) removal of debris, (3) removal of sediment, 15 vegetation and debris in order to maintain the creek bottom and channel at i 11 its original depth and hydraulic/design. capacity, (4) prevention of erosion, 12 and (5) to inspect said creek for the meed for said maintenance at a regular 13 and constant basis. De£ezkdants, and each of them, further failed to comply 14 with and enforce Federal , State, and local laws, regulations, and ordinances i 15 in said maintenance of said creek. Said pubic entity defendants, and each 16 of them, had and have a history of said ma nten.ance of said creek within the 17 Town of Danville and the •unincorporated areas of Contra Costa, Cdunty but so 18 sporadic in recent yeaxr that rr ignit i.ca,nt decrease in the hydraulic capacity 19 when compared to the original hydraulic design/capacity of said creek 20 existed between the dates of December 13, 2002 and December 18, 2002 and for - 21 a period of time prior thereto, adjacent to and nearby said school property, ' 22 - so as to cause the damages as herein alleged. Said public entity 23 defendants, and each of them, had and have had acz:ual and constructive 24 knowledge of said condition of said creek, and had a duty of said. 3 25 maintenance, to comply with and enforce said laws, regulations, ane. 26 (Requked t`or verfted pleading) The items on this page stated on information and belief(Specify item numbers, not tine numbers), 27 This page may be used with any Judicial Council form or any other paper filed with th€a caurl� Page�g ldf� OUM11OfCl ADDITIONAL PAGE € O-020 4.198 Attach to Judicial Council Form or Other Court Paper alc�azo;tse�,aarn,Arr a,�4azi p. S• t �� cr:c tot,sos Cfoiinnai Fum - • FA L7 h1CIfl R LhJC 10e+ 36r1l oaesapm P. 012 SFtoE2`€''T1'rz. 'Northern California Regional. Lia-b l.it)r cAsaaviaa>s: ices air al. r. -011nty of Contra Costa, at. al Attacbment 3 ordinances, and to coordinate with other entities, landowners, and ether 4 individuals said maintenance as a failure to do so would and dial: adversely 5 (affect landowners adjac ent to said creek within the bcr>fra.danies of the Town } 6 of Danville, the uninco poxated, areas of Contra: Costa. County anis these wand, 7 public entities' drainage, st-ructures, facilities, appurtenants upstream and 8 downstream from said creek that runs adjacent to said Di.-otrixt property. ' 9 There have been numerous prier requests from landowners adjacent to these 10 said public entity defendants to undertake as their sole responoibilitY or 11 to assist said landowners in said maintenance. some said requests dere 12 honored by these said public entity defendants and others were declined. 13 Said, landowners, by these said public entity defendants' action;, were led 14 to believe these said public entity defendants had/have responsibility for 15 said: maintenance and so relied on that belief in not p-roperly rctz;intaiTling 18 said. creek, easernents and ease!metnt s offered for dedica.Lion on tfaeir own real 17 property. A. dedication of the easements within the property of landowners 18 nearby said District property was accepted by these said public entity 19 defendants, by,impl cation or by fact, by action of itr, governing board 20 and/or conduct by its employees, officers, managers, axxd argencs,; thereby ' 21 creating a duty of said maintenance by way of ownership and/or control. 22 23 24 5 i 6 (Required for uedtfed pleeding) The Items on Is page stated on inf6mation and belief(specify ft m numbers, not fine numbers): 27 This page may be used with any Judicial CourK:11 farm or any other paper filed with this W_Urt. Pon"AWrQ1JWUYtn9 ADDITIONAL IMAGE Juek-41CtsW0OfC~0Attach to Judicial Council cart or ather.Cour: 'apwr cre�xnl. s1 MC420(M"JPi wpry1,1A8iI OrAiaMAIVOM ............... FA�5D ENC—I NOERS "IC P. 019 F8HOKrTlTtr-- Northern California Regional Liability cna�ra eye xCess Fie d, et al. v. County of Contra Costa, et: a EI Attachment Pimm. -2 2 3 Daxivill,e Stat.iojj 1-lomeowners Association; Scott A. McHugh and Sharon 'T. 4 Mcl -lugh, individually and as trustees of The McHugh Family Trust; William 5 Godfrey; Kathleen Godfrey; Michael J. Pisenti; Tracy E.! Pisenti; Bruce W. a Bettia axxd iris L- .Liettis, iiuj.vjijudlly d.Tid as trustees of The Bettis Family 7 Trust; Ezatollab Saiidnia a-ad Dani Tsexig, individually and as trustees or 8 the Saiz dnia Family trust, and 10 11 12 13 14 15 16 17 18 20 22 23 24 2.5 28 (Require; for va-Aed pleading) The items on this page stated on 111110fMatlOrl end b0figf(specI&ifent nurnbcm, not line numbers): 27 This page may be used wM any Jiudolal Council form or any other poper Nod with this court. POM AW"d by tN ADDMONAL PAGE Judie*00"a Of OftfifamixCRC 201,501 w'MgiewjMnwvI'Iwn Attach to Judicial Council Form or other Court Paper prvw Form FA 7) ENC I lWrkERS '-AC 0� 0�3 i Sepm P. rD 14 s iORTTne Northern California Regional Liability ss Fund, et al. v. County of Contra Costa, et al 1 At±tacbment. Prem.L-4 2 3 3 County of Contra Co ta, Contra Costa County Storm Drain. Maintenance 4 District; Contra Costa County Flood Control and Water. Conservation, Distric=t; 5 Centra Costa Storm Drai:aage District,, and S 7 r 91 13 14 f 15 16 17 18 18 20 t 21 i h^^ 22 23 24: 25 i 26 (Requked for><edfied pleading) The Items on this page stated on information and belief(sped item numbers, not line nurnb�r.5}; , 27 _ i This page may beused with any Judicial Council form or any other paper UW wlth thf3 Cour#. 1�age�1 r, n eaern,x ADDITIONAL.PAGE � . x,cu cawc+r r+cAt Attach to,ludicia!Council sarin or Other Court Paper .�&al » CAC 201. fM0020[tow JaMUNp 1,19071 Ooitcneii�am FAa5D ENC INaERS INC ie/s1/oa osise;m P. ois t s aPTT€TLr-: Northern California Regional Liability ca lvunrer�z Excess Fund, et al . u, County of Contra Costa, et alp 1 Attachment Prem.L-5 2 3 County of Contra. Costa, Contra Costa Co=Ly Storm Drain Maintenance 4 District; Contra Costa County Plood Control. and Water Conservation District; z 5 Contra. Costa Storm Drainage District; Danville Station :Homeowners 8 r'1t✓WOU I atioll; Scott A. McHugh and Sharon J. mcHugrl, individually> .:and as 7 trustees of he McHugh Family Trust; William Godfrey; Ka.thJ.ccn Godfrey; 8 Michael t<7. Pisenti; Tracy E. Pisenti,; Bruce W. Bettis and Iris L. Bettis, 9 individually and as trustees of The Bettis Family Tru8t; Ezatollah Saiidnia, 10 and Ja:n.i Tseng, individually and as trustees of the Saiidnia Pavd.:.y Trust, ' 11 and 12 13 14 i� 17 i 18 t 21 22 23 24 S 26 fRer;uired for verified pleading) The items can th€5 pago �qtstod on#nformat€ren Farr! bbl€af(.Spoe fy item numbers, not lime + number::). 2 { This page may be used with any Judicial Council Cnrm or any other paper filer) with this court. page12 I raMA00mwcdmyfhe ADDMOMAL.PAG dld Juel ccxmcuarc�r�m Attach to Judicial Council!roan or Other Court Paper ��gg crtc x(31. sal • �3C•�3$OlNEW.latlwty 1,191!7) €� tJ � OpdOtfii isrrlh � :.. .. FAa�-_L7 ENCtNWERS ,t.NC i0/si/eq ata:sepm P. eis $Fit?RCTITLE: Northern, California Regional Liaba lity CASE t xcess Fund, et al. v. County of Contra Costa., et~ al 1 SECOND CAUSE or ACTION -- TRESPASS 2 (Att~a0hMnt to Complaint) 3 4 1 . The allegations set forth in paragraphs Prem-L-1 and Prem-L-5 of the 5 First Cause of Action. are incorporated herein as if fully .yet 'forth at this f f point. 7 2. On. or, about December 13, 2002 through December 18, 2002,; defendants, a7,1d 8 each of them, without District's consent, angered the aforementioned real 9 property by way of flood craters and the like, causing said damages. 10 .3. As a proximate result of said, entry, District's real and personal f 11 property was damaged as herein alleged. 12 4. Prior to and continuing through December 18, 2002, the acts or omissions 13 of the defendants, and each of them, were done with the Sa owledge that said 14 conduct would, to a substantial certainty, result in the flooding of the 15 District ctr property, caul irLg said damages. F 16 17 18 10 20 21 22 23 GAFf 25 S ` 28 Re red for verttied learn The teems art this� ( pleading) page stated on n€ormatiprr and belief(specify Ifiem numbers, not line 27 This pager may be used vuith any Judicial Gail €orm or any other paper filed with this court. Pages �3 rofarft r ayuw ADDITIONAL PAGE stcct Attach is.ludictat Council Form or Other Court Paper c� 8• CRC 20s, sal MC420[14W jetwe(y f,'gall ooftwt of�n ate. F4413 ENC I N ERc ,F 1C 3+t 1 l0 0$z G8pm P- 017 SW{3RTTfTf.fr. I7orthe°rn Cal.ifQrnia' Regional Liability oase�urrt��re: ice s Fund, etf v. County of Contra Costa, €t a3 1 THIRD CAUSE OF ACTION __ NUISANCE 2 (Attachment to Complaint) 3 4 1. The allegat ioT.is set forth in paragraphs Prem.S,-1 and Parern.LS of the 5 First Cause of Action are incorporated herein as if tull,y set :earth at this R point: . 7 2. As a proximate result of the nuisance created by defendants, and each of 8 them, District axed plaintiffs have been damaged. as hereia al lcsed . 9 At all times have rJ mentioned, defendants, and. oach of th.ert, hatree 10 occ,41pi.ed, owned, controlled,, used, acid maintained certain real property near 11 or adiacent to said District property so that: water flowing through San 12Raman Creek would flog onto said District's property. 13 4 . The aforementioned occupation, ownership, control, use, and maintenance 14 of said property const:it.utcEt a nuisance within the mca.ning of Civil Code 15 3479, 3460, 3481., amd other pertinent laws of the Mate of California. ia. 16 17 18 ' 20 s 21 t 23 24 26 76 (Regutrvd 1br verlfled pleading) The ftems on th€s page stated on Information and ber{fef(specify item numbers, not fins This page may be used with any Judicial Council form or any other paper Ned with this court. page__14 : F—AVX~ayVW ADDITIONAL P1kC t Gouna�!of canrorr torRC Zit+.sot Attach to Judicial Couttci€Form or OtherCourt Paper 1s CWunal F*M ]3 '��► p0 �o M cd O v a� «s Z U � W U H 3 W � H z z � H �I d u o 0 w � F- N � r iT W Q W 2 � Q F Q w �y Q J W Q N V o� p w 3 a O Y Q N � CLAIM 6 - 12/ F E.V_IS S PF CQNTRA COSTA C ;UN Y BO.. T10:JANUARY 271 2004 Claim Against the County, or District Governed by } the Board of Supervisors,Routing Endorsements, } NOTICE TO CLAIMANT and Board Action.All Section references are to } The copy of this document mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below),given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $10,000.00 r CLASMANT: ARNTZ BUILDERS ATTORNEY: KIMBLE R. COOK, DATE RECEIVED: DECEMBER 19, 2003 ADDRESS, BELL, ROSENBERG & HUGHES, LLP BY DELIVERY TO CLERK ON:DECEMBER 19, 2003 1300 CLAY ST. , SHITE 1:000 DECEMBER 18, 2003 OAKLAND CA 94612 BY MAIL POSTMARKED: FROM: Clerk of the Board of Supei risors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET%n(a� Dated: DECEMBER 19 2003 By: Deputy TI. mom: County Counsel, TO: Clerk of the Board of Supervis rs h } This claim complies substantially with Sections 910 and 910.2, { ( } This Claim FAILS to comply substantially with Sections 910 and 910,2, and we are so notifying claimant.The Board cannot act for 15 days(Section'910.8). ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed Iate and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). ( ) Other: r Dated: B ; Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) ( } Claim was returned as untimely with notice to claimant(Section 911.3). IV�OARD ORDER: By unanimous vote of the Supervisors present: ti ( 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: JOIN SWEETEN,CLERK,By Deputy Clerk WARNING(Gov ,code secti n 913} Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Crede Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter.If you want to consult an attorney,you should do so immediatel *For Additional Warnin See Reverse Side of This Notice; AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now,and at all times herein mentioned,have been a citizen of the United States, over age 18; and that today l deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant,addressed to the claimant as shown above. Dated: Oil SWEETEN,CLERK By Deputy Clerk ................................................................................................................................................................... BELL, ROSENBERG &- HUGHES LLP December 18, 2003 Via Certified Mail Gina Martin Clerk of the Board Contra Costa County Board of Supervisors 651 Pine Street, First Floor Martinez, CA 94553 Re: Juvenile Hall Addition, Martinez Dear Ms. Martin: Please find enclosed Arntz Builders' Claim Under California Government Code Section 910 et seq. Against Contra Costa County Board of Supervisors and its Designated Agents on the Contra Costa County Juvenile Hall Addition Project. Please direct this Claim to the Board of Supervisors for its immediate review and response. Should you have any questions, please do not hesitate to call me. Very truly yours, BELL R,07S NBERG "UGHES KRC:sg Kimblook- Enclosure cc: Tom Arntz Richard E. Norris Marc Eckardt Jeffrey Sykes [7007.0091BoardClerk1217] i3oo Clay St., Suite woo,Oakland,CA 94612 I Ph: (510)832.8585 Fax: (510)839.6925 / Email:brh@tirhlaw.com l wwwbrhlaw.com ................I.......................I....1.1111, . . ..... ................................... ............................... CLAIM UNDER CALIFORNIA GOVERNMENT CODE SECTION 910 et seq. AGAINST CONTRA COSTA COUNTY BOARD OF SUPERVISORS AND ITS DESIGNATED AGENTS ON THE CONTRA COSTA JUVENILE HALL ADDITION PROJECT Name and Address of Claimant: 9---t...Arntz Builders 19 Pamaron Way Novato, California 94949 Tel. 415-382-1188 Fax. 415-883-3756 Address to Which Notice Should be Sent: Roger M. Hughes Bell Rosenberg & Hughes 1300 Clay Street, Suite 1000 Oakland, California 94612 Tel. 510-832-8585 Fax. 510-839-6925 Date,Place and Circumstances Giving Rise to Claim: BACKGROUND THE PROJECT 1. On April 24,2001, Arntz Builders ("Arritz") entered into a contract with Contra Costa County ("County") to construct the public work of improvement identified as the "Contra Costa County Juvenile Hall Addition" located at 202 Glacier Drive,Martinez, California, Budget Line Item No. 4413-4228,Authorization No. 0928-WH228F (the"Project"). 2. The County's contract called for the construction of a "160 room addition to the existing Juvenile Hall, a new vehicle sally port, administrative space, a kitchen, laundry,medical and educational spaces." Site work under the contract was also to include "new parking lots, landscape/irrigation, and recreation areas." 3. The County's contract provided that the work was to be divided into three phases, and that in order to keep the existing facility in operation, the work of each phase was to be completed and the County was to have taken beneficial occupancy of the phase before Arntz could start the work on the next phase. 4. Arntz agreed to construct the Project in accordance with the Contract Documents, and the County agreed to pay Arntz the sum of$26,793,675.00. ............. ............. 5. Arntz and the County subsequently negotiated additional amounts to be paid as a consequence of certain changes requested by the County. Arntz has incurred increased costs and damages significantly in excess of the amount acknowledged by the County to date. 6. Under California law, by publishing the Contract Documents and inviting contractors to submit competitive bid proposals in response to them, the County represented, and otherwise impliedly warranted, that the Contract Documents were accurate, complete, coordinated, and suitable for construction of the Project depicted in the documents, and that Arntz or any other general contractor, and their Project subcontractors, would be able to fully construct the Project in accordance with the Contract Documents. 7. The County affirmatively represented that the Contract Documents "describe[d] a functionally complete and operable Project (and all parts thereof)" and-"depict[ed] construction that complies with all applicable laws, codes, and standards." 8. Under California law, it is also an implied condition and warranty of the County's Contract that: (a) Arntz would have reasonable and adequate physical access to the job site in order to efficiently complete its work; (b) the County would not issue an unreasonable number of changes to the work; Q the County would do nothing to disrupt the sequence and timing of Amtzs work; and the County would work in good faith to facilitate completion of the Project and not hinder or interfere with Arntz's work. 9. In response to the County's invitation, and as the County intended, Arntz relied upon the work specified and indicated in the Contract Documents to prepare and submit a competitive bid proposal to the County to construct the Project. The County knew and intended that Arntz and other bidding contractors would rely upon the Contract Documents to prepare their estimates and submit their competitive proposals to the County. Arntz in fact relied upon the Contract Documents, the County's implied warranty of the fitness and adequacy of those documents, and other affirmative representations of the County in preparing its competitive bid proposal to construct the Project. 10. The County issued its Notice to Proceed on May 8, 2001. 11. From the outset of construction, Arntz experienced severe and chronic difficulties in performing its work because the Contract Documents, contrary to the County's representations and warranties, were incomplete, inaccurate, uncoordinated, and otherwise defective and deficient. 12. The County failed to disclose that the Contract Documents were substantially incomplete and would be subsequently subjected to widespread and wholesale revision. Instead, the County represented that the Contract Documents "complie[d] with all applicable laws, codes, and standards," when, in fact, the County had no reasonable basis to make such assertion. 13. As a result of the substantial deficiencies in the Contract Documents the County substantially revised the Contract Documents. 14. At the outset of the Project it became clear that the County had made no arrangements with the appropriate utility companies for the relocation of existing utilities at the Project. 15. California Government Code § 4215 mandates that the County identify existing utilities present at a public works site and assume responsibility for the removal or relocation of existing utilities as necessary for construction of a public works project. 2 16. Government Code§ 4215 also mandates that the County make reference to, and incorporate within its contract Government Code § 4215. 17. Paragraph 5 of the County's contract specifically incorporates Government Code § 4215. 18. The County therefore had both a statutory duty and contractual duty to provide for the relocation of the existing utilities on the Project. 19. Upon discovery, Arntz immediately notified the County that the existing gas line on the Project needed to be relocated to accommodate the building pad to be built during Phase I of the Project. 20. The County disclaimed responsibility for relocating the gas line, and continues to disclaim responsibility for relocating the gas line. 21. Not until some four months after Arntz initially notified the County of its statutory and contractual duty to make arrangements for the relocation of the utility lines, did the County arrange for PG&E to actually move the gas line. 22. This four month delay at the outset of the Project delayed the completion of the entire project, as the County's contract mandated that each phase of the Project be completed before beginning construction on a subsequent phase. Following the County's initial delay arising from the gas line, the County caused further delay as a result of poor plans and specifications regarding the placement of lights in the parking lots, sewer line drainage utilities, as well as discrepancies in plans for the existing structures and existing site conditions. 23. The County, instead of acknowledging its statutory and contractual obligation to provide for the relocation of the utilities, began a campaign of obfuscation of the contract terms and denial of its responsibility, insisting that Arntz was precluded from asserting any sort of claim arising out of these delays because Arntz allegedly failed to properly document these issues under the change order procedures in the County's contract. 24. A contractual provision vitiating the County's contractual obligations under Government Code § 4215 is void as a matter of law per Civil Code § 1668 and other applicable law. 25. The County has consistently refused to even consider the merits of Arntz's claims. 26. To date, the County has failed to acknowledge the substantial time extensions and the additional compensation to which Arntz is rightfully entitled. 27. Since July 2003, the County has failed and refused without legal justification to pay progress payments due and owing to Arntz for labor,materials and services provided by Arntz on the Project. The County's unjustified failure to make progress payments to Arntz prevented Arntz from being able to pay its subcontractors on the Project. Despite repeated demands to release progress payments, the County has refused to make payments to Arntz. Compounding the County's wrongful failure to pay progress payments to Arntz, the County has taken the position that it is entitled to assess liquidated damages against Arntz for late completion of the Project. Delays in completion of the Project are directly attributable to the County's deficient plans and specifications, mismanagement of the Project, violations of Government Code § 4215 and breach of its contractual obligations. Assessment of liquidated damages in this instance violates both Government Code § 4215 and the County's contract with Arntz. 3 28. In early October 2003, the County began threatening Arntz's termination from the Project based on unsubstantiated and immaterial alleged contract violations. 29. On October 10, 2003, the County sent a letter to Arntz demanding that Arntz respond within ten days to a myriad of claims of allegedly deficient work and contract violations. 30. Arntz timely responded to each and every notice to cure item in the County's October 10, 2003 letter. 31. On November 3, 2003, Arntz and the County met and agreed to modify the County's Contract to, among other things, extend the Project completion date, as well as address outstanding claims between Arntz and the County. 32. On November 11, 2003, the County attempted to introduce a $4 million dollar penalty to be assessed against Arntz if it did not complete the Project by the newly agreed upon completion date. 33. On November 12, 2003, the County acted in bad faith and unreasonably failed to exercise its obligation to exercise good faith with Arntz and took the position that County staff would recommend to the Board of Supervisors that Arntz be tenninated from the Project. 34. On November 18, 2003, the County Board of Supervisors convened a special meeting and voted to terminate Amtz from the Project, a violation of both California law and the County's contract. 35. As a result of the County's breach of its statutory and contractor obligations,Arntz has suffered additional costs to complete the Project, claims from subcontractors, lost business opportunities and other damages that exceed the limited jurisdictional limits of the Superior Court. THE BASIS OF ARNTZ'S CLAIM Both the County's claim for liquidated damages and Arntz's delay impact claims arise from County caused delays on Phase I of the project, which in turn impacted the Phase II schedule. These delays arose out of the County's civil drawing errors regarding the relocation of the gas lines and storm drain at the project. The County's faulty plans and specifications also caused other documented delays, including parking lot light conflicts with existing power lines, underground facility, electrical and water line conflicts, hindrance to work on the existing structures and misrepresented the existing site conditions.' These are but a fete of the County caused delays on this project. As a result of the County's conduct during the course of the Project, Arntz incurred expenses not covered in its original contract with the County. Furthermore, the schedule was 1 Another major delay caused by the County was work performed by GSD in Monticello. GSD's work (which was to be coordinated by the County's project manager) was completed on April 24, 2002, nearly six months after originally scheduled. Arntz's work on Phase II could not begin until LSD's work was complete. 4 impacted by the County caused delays causing inefficiencies to Arntz as well its other subcontractors working on the Project. Description of Indebtedness, Obligation, Injury, Damage or Loss Incurred: Arntz has suffered the following categories of damage: Damages arising out of the County's wrongful termination Increased contract amount Inefficiencies caused by County caused delays Schedule impacts due to County caused delays Increased general overhead Claims from subcontractors Attorney's fees Damage to business reputation Future lost business opportunities Names of Public Employees Causing Injury: Contra Costa County Board of Supervisors and its designated representatives for the Project. Amount of Claim: This claim totals over $10,000. If an action were filed the amount in controversy would substantially exceed the minimum jurisdictional limit for a limited civil action: Dated: ' 2003 ARNTZ BUILDE Bell, Rosenberg & Hugh�LLP��� By Kimble R. Cook TAWork 7017007.009\Claim.doe 5 :.:::>::r" ::;;r;fir::.�}•�f.f fyrf- .:/: /i%"ii;.}:<,;/};r.: -.';iii:<. +,: �:: ;f%::<::�;::::.f:':�r::%2%�f��:+/v:,..,: ;:.{:}:�{ }; :f ff' �.y:::.i:'•�:w>.::y.;.:.,,rr f:':::: :.'i:<},,�;<';/��.,�:;fx,s:::;:is �<%f:.'/,�:%.'.ff:;..f:{;�:!;<./d ,}�: �:.r/�r,. �{}:.,y;� f� � � .f /� /{ � f/ iii'• .. �� }/� %//�/{" �/%%}�li}�;;i�'/ .: /f/}}�j{/ ' f+;f f r 5 ::sit•'% ;�. ����,� � �..i aa, { 0 w #1A s • w e w • i o • i w • • now- ow i • • r } / ;i f ; f �'�.:�•'..fir; :,e, ` :a f� i% CLAIM BOARD OF UP'ERVIS RS OF CONTRA COSTA COUNTY =/ ti+ BOARD ACTION: }, 2004 Claim Against the County,or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section referees ire <} - The copy of this document mailed to you is your California Government Codes. {f , notice of the action taken on your claim by the f Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings" AMOUNT: IN EXCESS OF THE MINIMUM FOR SUPERIOR COURT JURISDICTION CLAIMANT: PRESTON AND'IRIS AVERY ATTORNEY: MARC G. HYNES, Esq, DATE RECEIVED: DECEMBER 24, 2003 ADDRESS: ATKINSON-FARASYN, LLP BY DELIVERY TO CLERK.ON: DECEMBER 24, 2003 660 WEST DANA STREET P.O. BOX 279 BY MAIL POSTMARKED: HAND DELIVERED MOUNTAIN VIEW, CAA 94,042 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETS C r .Dated DECEMBER 24, 2003 By: Deputy II. MOM: County Counsel. TO: Clerk of the Berard of Supervise 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 914.8). { ) 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: bated bBy,�aek Deputy County Counsel III. FROM: Clerk of the.Board TO: County Counsel(1) County Administrator(2) { } Claim was returned as untimely with notice to claimant(Section 911.3). IV ARD ORDER: By unanimous vote of the Supervisors present: V This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code s ction 9 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 seep the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney,you should do so immediately. *For Additional Warning See Reverse Side of This Notice, AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today Ideposited.in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the clairnant as shown above. Dated:gatilet, cZAW JOHN SWEETEN, CLERK By Deputy Clerk a_ Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INS-M-CFIO T � LARJAhLT A. Claims relating to causes ofwian for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100":day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not hater than one year after the accrual of the cause of action. (Gov't Code 91).2.) B- Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Cade Sec. 72 at the end of this form RE: Claim By Reserved for Clerk's filing stamp } Preston and Lois Avery ) Against the County of Contra Costa or } DEC 2 4 2003 ) District) CLERK BOARD OF 8t1PERVtSOM (Fill in name) CONTRA CO-gTAno. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ '" and in support of this claim represents as follows: *Damages in excess of the minimum or Superior Court jurisdiction. 1. When did the damage or injury occur?(Give exact date and hour) July 3, 2003 at 10:00 a.m. 2. Where did the damage or injury occur? (Include city and county) Bethel Island, Contra Costs. County and Cupertino, Santa Clara County, California. 3. How did the damage or injury occur?(Give full details; use extra paper if required) See Attachrmnt, paragraph 3. Claim to Board of Supervisors of Contra Costa County Claim by Preston and Lois Avery 3. On or about July 3, 2003, Claimants first learned that the County of Contra Costa: would not allow Claimants the reasonable use of their property at 3010 Willow Road, Bethel Island, California. Claimants learned that the County wound talo action to demolish a building used for storage of agricultural supplies and equipment on.the 3010 Willow Road property. Claimants made a number of efforts to deter the County and its employees from taking action which would seriously impair the value of Claimants' property by limiting its practical use. Claimants must have access to the building at grade on the property. Elevating the building as directed by the County will cause damages to Claimants in excess of the minimum limits of the jurisdiction of the Superior Court. Claimant Preston Avery is informed and believes that other similarly situated properties have been allowed the use of buildings at grade similar to the building presently located and being used on Claimants'property. Despite repeated requests for equal treatment from the County, Claimants first learned on July 3, 2003, in a letter from County Counsel that their requests for equal treatment would not be considered. Claimants have, since July 3, 2€303, suffered and continue to suffer emotional distress because of worry and anxiety over County action to demolish the building and diminish the value of their property. Claimants first discovered that County officials and employees had made false representations to Claimants first causing them to believe that they would receive equal treatment,but then discovering on July 3, 2003, that this was not to be the case. 4. See paragraph 3. above. 5. Members of the Board of Supervisors: John Gioia, Gayle B. Uilkema, Donna Gerber, Mark DeSaulnier and Federal Glover; Carlos Baltodano, Building Inspection Director of Contra Costa County;Joseph Losado, Building Inspector for Contra Costa:County;Richard Lierly, Flood Plain Manager for County of Contra Costa County;Michael Angelo Silva, Chief Property Conservation Division for Contra Costa County. 6. Claimants have incurred expenses in an amount of at least $1,000.00 to move equipment from their property at 3010 Willow Road, Bethel Island, California, fearing that the same would be destroyed when County officers and employees entered onto the property and demolished the building in which the equipment was located. Damages for misrepresentation:and emotional distress as described in paragraph 3 above are ongoing and exceed the minimum jurisdictional limits of the Superior Court. Clain to Board of Supervisors Attachment +Claim.by Preston and Lois Avery Responses to paragraphs 3,4, 5, and 6 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? See response to Paragraph 3 above attached. 5. What are the names of county or district officers,servants, or employees causing the damage or injury? See Paragraph 5. attached. 6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) See paragraph 6. attached. 7. How was the amount claimed above computed?(Include the estimated amount of any prospective injury or damage.) The $1,000.00 represents ging costs incurred. Claimants' mental distress is severe and continuing and damages fran this are estimated to exeed the minimum jurisdictional limits of the Superior Court. 8. Names and addresses of witnesses, doctors, and hospitals. Preston Avery, 10315 Moretti Drive, Cupertino, CA 95014 Lois Avery, 10315 Moretti Drive, Cupertino, CA 95014 9. List the expenditures you made on account of this accident or injury. DATE TIME AMOUNT November 24, 2003 12 noon $1,000.00 Gov. Code Sec. 910.2 provides "The claim must be } signed by the claimant or by some person on his behalf.,, SEND NO*n ES TO: Attorng Name and Address of Attorney ) Marc G. Hynes, Esq. ) ATKINS©N—FARASYN, LLP 660 West Dana Street ) (Claimant's Signature) P. O. Box 279 ) Preston Avery r Mountain View, CA 94042 ) 10315 Moretti Driver rtino CA 95014 (Address) ) Telephone No. 650/967-6941 )Telephone No. 408/252-3706 **tt*##t�tM+M*kkk*#tsrtt*�/ck#M��k�ktk#A#it##t�Ri�liRk###�kif*#*t*;#kctt�k�ttRt*tat#t*+Rit+K#kkk#tk#tR*#**Mcktk NCrnCE Section 72 of the.Penal Code provides: Every person who,with intent to defraud„presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,orwritin&is punishable either by imprisonment in the county jail for a period of not most than one year,by a fine of not exceeding one thousand(S1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars(S 34,Uf1(J or by both such imprisonment and fine. CLAIM B!QAU !QF SUgERYIS RS F ConRA COSTA Ct3UNTY Bt3A,,RTt AT'ItIN 1At7APY 27, 200 Claim Against the County, or District Caverned by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given rt Pursuant to Government Code Section 913 and :. yr 915.4. Please note all"Warnings". AMOUNT: $650,000.00 CLAIMANT: DERRICK GARCIA ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 24, 2003 ADDRESS: 3521 GARVIN AVENUE BY DELIVERY TO CLERK ON. DECEMBER 24 2003 RIC.,HMOND, CA 94805' BY MAIL POSTMARKED: DECEMBER 23, 2003 FROM: Clerk of the Board of Stip rvisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET , 1 Dated: DECEMBER 24,. 2003,_ BY: Deputy H. OM: County counsel: . . Tt3:Clerk of th ' Board of Sup . sora This claim complies substantially with Sections 910 and 910.2. a ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days(Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). { ) Other: Dated: By: - Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV.,,BOARD ORDER: By unanimous vote of the Supervisors present: (�l This Claim is rejected in fall. ( ) Other: I certify that this is a true and correcti copy of the(Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN, CLERK,By ,Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions,you Have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter.If you want to consult an attorney,you should do so immediate!y. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now,and at all times herein mentioned,have been a citizen of the United States,over age 18;and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dat JOHN SWEETEN,CLERK By Deputy Clerk Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA OYJNTY INSTRUCTIONS TO CLAIRANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or gnawing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for.death or for injury to person or to personal property or,grouting craps and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2. B. Claims must be filed Kith the Clerk of the'Bo of Supervisors at its office in Room 106, County Administration Building, ;651 Pine Street,' Martinez, CA 945534 C. If claim is against a districtgovernedby 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 Se . 72 at the end of this form. RE: Claim By Reserved for Clerk's 'filing stamp -- -for ' -d, RECEUD DEC 2 4 2003 against the Cou�rtty oaf contra Costa ) or cK ate o sup €vIscRs CONTMRA cOtTA co. District) F n nam The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ f and in support of this claim represents as follows: 1. When did the damage.or injury occur? (Give exact date and hour) 16 419M 2. Where ''did 'the die or injury occur? (Include city and county) 3. How did the damage ornjury cur? (Give fel details; use extra paper if required) 4. What ar act or omission on the part of county or district officers, servants or.employees caused. the.injury or sage'.) ................................... ................................ ........................................... .......... wnat are tne names of county or district officers, servants or employees causing the damage or injury? 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Atth-twa-es tiaates-lbr--auto-dmmage-- 7, '6 t 40 C' Ile" A- 7. How was the amount claimed above computed. (Include tq estimated amount of any prospective injury or damage.) -- e�4'� , _Z:� b &/0/'1'11- - T 6 cn V 6 I/ zl tn 4— 6 5�5 &L 6- 4cis�k f 16®r 8T_ Tff'77 7-, ors and hospitals.. N2esand addres'se's'of. witnesses, rtnesses, doctors Z'// TY 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOOT Goi. Code Sec. '910;2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) - -- or *py- some person on his. behalf Ta—me and Address of Attorney ZLAi4l�4 k C xmantIs Signature) (Address5 Telephone No. Telephone N o I T T V I W I V'r_V _"J* '* NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, Presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucherp or writing, is punishable either by imprisonment in the county Jail,for a period Of not more than One-year, by a fine of not exceeding one thousand ($1,000), or by both such iniprisonment and fine-1-or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($lOtOOO, or by both such imprisonment and fine. ........................................... ..................... ........................ Ck Gli /'/'4- 4774 14-1 W ............... ---------------- 40-V zvf 40 -------------- .. ..`. 09 12 __ _ -? . ' C 1. Wr 3411 Al ,l r 7e a __ _ _ _ .. .............. ............__ `C ___ham f0/2 fi P 4 ' -.�`�f;�_ �'-.. ' f� ...�r�� �• ALL- -s����� -� 12 __ �...._ r ... _ _.. ... <...:.. ;<. ..... CONTRA COSTA HEALTH SERVICES MR#: M003726767 CONTRA COSTA REGIONAL MEDICAL CENTER Name: GARCIA,DERRICK L CONTRA. COSTA HEALTH CENTERS Ph #: (510)236-2645 DOB: 06/17/59 Sex M DIAGNOSTIC IMAGING DEPARTMENT Loc: SCS Acct# M053493110 REPORT PCP: PCs: RICH Ordering MD: Tamas,Laszlo,M.D. Order Date: 01/25/02 Order Time: 0902 SERVICE DATE. 1/25/2002 SERVICE TIME: 0915 UThWOSACRAL SPINE. 6 VIEWS CLINICAL INFORMATION: Persistent back pain. There has been a wide laminectomy of L4, especially involving the right side but extending to the left as well. There is disc narrowing at L4-5 and possibly at L5-S1, although this is a variable disc space. Otherwise, disc spaces are maintained normally. Facet joints are maintained normally. Pedicles intact. CONCLUSION: Post laminectomy L4 with disc narrowing L4-5. FREDERICK M. FOLEY, M.D. FOLF LCA Dictated : 01/28/02 Transcribed : 01/28/02 1425 DIA=0STIC' IMAGING' REPORT (PCI:) Run: 04/17/02-10:27 by VANMEURS,DIRK,MD Page 1 of 1 (y 1 1 t - �a vwt WON- �+ AR m3-�-h ' x E nir, w�N � kK :'�'>r�a:'Xt 'x t... s^ _ . t.. 4 a OL Y1 r _ -77 Jill: ''A'21w as 4 i k �i y t a � l i - ~r t k IF" ; c L ell fps c .) &0.,a ee�''�' `/0 ?r sic• ,�� � Z' °' 7' .s --• eoorl�2 4'4"Iz, 414 W4 74 _ .. +�`q •'...._ o.....T V t�L.✓ f.iY"' J7.J' � ✓ `� ,fir.,.� .. AZ 40%47 416. Oje 4VO! 4�� , ee 4—w ..,.......J,.,„ice... ��;�� � �-� �>► ..�.�-..� �`�° ,�� ,+ ` %`� �3> �.rte r'� s. .. - Ale Ns _S,.y t-'?` _ r l t .._—._-"__ _-..___—_._...._.—...-.-_ _.�'i.�pu....._.. .. _._C.d...�... � ��••",n ��-.,-__ ."��s,«,.-.-t,¢.J�4'G�is .+3:,-_�.._kYC.C..w','�f.__..... y�C�.� _d ✓aryJ�d��11- t fj ti✓ tilll'�y .. "" tk wR Y � r � � { j i j i i . .: Af . ,ko �ts 7+Hr • + f» n 'J, :ZZ I � + .5 ,� � �e�''�' .-d�5 ��.. IY� + J� 5yir�4 7-0 01 3 _ 1 . ,..... M r 7 � V f� �. iceco. 1� LUlk .Zb CL ti UDti a cc a V CLAIM O F UPER S R,Sa F C NIRA COSTA COUNTY BOARD ACT-10: JANUARY 27, 2004 Claim Against the County,or District Governed by ) the Board of Supervisors,Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section refers are to The copy of this document mailed to you is your California Government Codes, .; }.' r F ) y4 `; notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given v 1 Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings' . AMOUNT: IN EXCESS OF $1:0,0.'16 JURISDICTION OF THE SUPERIOR COURT CLAIMANT: RUNT DIABLO REGION YOUNG MEN'S CtiRISTZAN .ASS#JCIATION. ATTORNEY: BARBARA MWAL JEWELL DATE RECEIVED: DECEMBER 24, 2003 ADDRESS: GAGEN, McC,OYI McMAHON & ARMSTRONG BY DELIVERY TO CLERK ON. DECEIBER 24 2003 279 FRONT STREET, P.O. BOX 21.8 BY MAIL POSTMARKED: DECEMBER 23 2003 DANVILLE,.; CA 9452b FROM: Clerk of the.Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 4. JOHN SWEET , Bated: DECEMBER 2 290 By: Deputy I.T. OM: County Counsel. TO: Clerk of the Board of Supe . sots (,.4'This claim complies substantially with Sections 910and 910.2.' } This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant.The Board cannot act for 15 days(Section 910.8). ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.0. ( } Other: Dated: " r� f ~ " By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) } Claim was returned as untimely with notice to claimant(Section 911.3). . IV. BOARD ORDER: By unanimous vote of the Supervisors present: (Vf This Claim is rejected in full. ( } Other: I certify that this is a trete and correct copy of the Board's Order entered in its minutes for this date. Dated:912w *9,00 JOIN SWEETEN, CLERK,By , .Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions,you.have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney,'you should do so immedi'atel *Far Additional W!mung See Reverse Side of This Notice, AFFIDAVIT OF MARLING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States,over age 18; and that today I deposited in the United States Postal Service in Martinez,California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: +ate JOIN SWEETEN, CLERK By Deputy Clerk ......... ......... ......... ......... .........._.. .. ........ ......._.... ......... ......... ......... ......... ......... ......... ......... _..... ......... ......... ......... ......... ......... .. .............................................. CLAIM AGAINST PUBLIC ENTITYt+ �' [Gov. Code §§905, 905.2, 910, 910.2] DEC 2 4 2003 CLS $C2 CANT �CoF S RS TO: CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION The Mount Diablo Region Young Men's Christian Association hereby makes claim against the Contra Costa County Public Facilities Corporation for indemnity, and makes the following statements in support of its claim: 1. Claimant's post office address is 395 Civic Drive, SuiteG, Pleasant Hill, CA 94523. 2. Notice concerning the claim should be sent to Barbara Duval Jewell, Gagen, McCoy, McMahon & Armstrong, 279 Front Street, P.O. Box 218, Danville, CA 94526. 3. The date and place of the occurrence giving rise to the claim is on or about December 14, 2002, at Alamo, California. 4. The circumstances giving rise to this claim are as follows: Claimant has been sued in a Superior Court lawsuit filed by Themis and Angela Loukos arising from property damage they sustained when a portion of their property was last due to alleged landslide activity and other causes, all as is more particularly set forth in their First Amended Complaint. Attached hereto as Exhibit A is a copy of the Government Claim filed by the Loukos'. It is attached to provide further information regarding the matter. FACLMLA\35312\C1aim-CCCYFC.doc 1 5. Claimant contends that if it is found liable for the Loukos' damages, Claimant is entitled to indemnity or contribution based on alleged actions or failure to act by the Contra Costa County Public Facilities Corporation. 6. The names of the public employees causing the injuries are unknown. 7. Claimant's claim as of the date of this claim is in an amount that would place it within the jurisdiction of the Superior Court. The claim is based on the Loukos' allegations of damages in excess of$10,000.00, and in an amount to be proved later. Dated: December , 2003 Gage , cCoy, McMahon & .Armstrong By Barbara Duval Jewell, onbe alf of Claimant Mount Diablo Region Young Men's Christian Association F.\CLMLA\35312\Claim-CCCPFC.doc 2 Received at: 10:52AM, 5/13/2063 P,aU 13 03 001530 Lake s`�e38o$48 P.5 RBCce:j VLrn r�M PAR 12 2oo3 DANWLLE C+!1Y CLERK iUl[.and Mrs. T Louko rr�ss t�Ct�ir.tip�}} 14 Sandra Court,Alamo,Callfomla,94507. 'rel. 925.885 W53 �lairn lnfttrmatlon The claim is not glad on behalf of a minor The Incident took place on Or about DGCember 14,2002 The dollar amount of tt*claim is in excess of$10,000 and tri accordance with provision of Government Code§910(1}the amourit of t a dt n i� rd nc e v. The cialm Is runt a limitW civil case . Ther incident t(x*place to the rear of the property at 14 Sondra Court The preftnred heating kx ation is Oakland Maims are eyeing Sod against the Department of Transpofttlon (Carrrans), the Town of Danville,Contra Costs County,erred the Public FacIdes 0�►�n that is the tlfe holder to the land on whish pant,or all+of,the Aide Circumsterttsrs sties .a.t .� n The Party In question. 14 Sandra Court P roperty) San Creek(Creek). On Of about 14 DOcember 2 ,du amt i Ston of the land to the est of the Property slid inter thee Creek t agVy rye,pad A short while later that Creek ever d this �r�Iy damming i#, rush of water removed a lot of the srtds material demi and thea r�sulting ig rnat+erial fr m the Property. HoAM*r, part of the slide t amount of theld bed of the Creek and the Creek now flew s al��}t`e+e#to the Nurse. I+arra informed and behave that pert Ot the land trom w t Of its Old came Is now owned by the Danville YMCA(YMCA)and why'they by a Public Faci#�C�Orpomtion(pFC}• The tendo Psi Of the tared Is owned far+egr Ily by the Tcywn of Danville d by the PPC'was paid . or ail, of this the Land is common known a and Contra CitaCounty. ; _. further Informed and beelifty known as Hap Mom Park(Dark). 1 am and their a that the Contra Ccyata County,site PFC and tanvpie, Beata, have improved the land from whic h then slide c;�gmte. end this Improvement work was wholly or partiallyresponsible for $de. !I am also Creek in Inionnedthe area of the Pro r nslbder that Mie for the rnalntn ;er of the partially,responsible for the Property am further infra naa �was o or the construction of Hohwa�y$8(),including b�that during g tlys construction of a 8Ound wail in the .................................................................................................................................................................................................................. Received at: 10:52AN, 5113/2003 1 wj 13 03 G9t e53a L*Ke brft3901549 3 area of the Property, some,or all, of the land now owned by the PFC and the YMCA, and land adjacent to this YMCA and PFC tend,was used by CalTrans, and ft agents,for construction activies, including the dumping of e=m 1W bei t�d during cohstiudon. And this cohstriidton'work was Whol ,or " partially, responsible for the slide. Dam.mga The slide and the resulting water flaw caused the following damages: 1. A significant portion of the Property was removed 2. Various structures can the Property, including r efthing w*1118 were da rnaged - 3. Two ImMe oak trees were washed away. Then trees pry shade for ' the Property and lessened the noise from Highway 680 4. A part of the slide material still sits on the Property S. The Cre Ws course is now through the Property rather than abuftg the Properly C. The Property has been reduced in value, Including be#rtg sfignatLwd. by ft occurtence of the slide 7. 1#is possible that government,or ether, regulation or engineering factors, may prevent the propvrty being returned to Its ttriglrtal State. If that should be the case, the value of the property may be negatively affected S. The Loukos family has suffered from, and continues to WA%rfn�n,severe. emotiorial distress Reeprraserttation Mr. and Mrs. Louko3 are represented by Simon Kisch Law oflloe of Simon Kisch 1736 Franklin Street, ICP Floor Oakland, CA, W12 Tel:510 663 6+400 1=wa 510 444 1704 .. ................................................................................................................................................................................... ..... ......... ......... ......... ......... ......... ......._.........................._.................................................................. PROOF OF SERVICE [Gov Code § 915.21 I, the undersigned, declare that I am a citizen of the United States, a resident of the State of California, and am employed in the County of Contra Costa , State of California. I am over eighteen (18) years of age and not a party to the above-entitled action. My business address is 279 Front Street, Danville, California. On December 23, 2003, I served the following document(s) in the manner indicated below: CLAIM AGAINST COUNTY CONTRA COSTA COUNTY PUBLIC UTILITIES CORPORATION XX U.S. Mail: by placing the document(s) listed above in a sealed envelope, with First Class postage thereon fully prepaid, and depositing same with the U.S. Postal Service, at Danville, California, addressed as set forth below, in the ordinary course of business and on the date below, and I am readily familiar with this Firm's practice for collection and processing of correspondence for mailing. [C.C.P. § 1013a.] ❑ Facsimile Transmission: by transmitting via facsimile from (925) 838-5985, and at the time indicated on the attached transmission report, complete and without error on the date indicated below, to the person(s) and fax number(s) set forth above, and the attached transmission record(s) was/were issued by the facsimile machine. [C.C.P. § 1013a; Cal. Rules of Court, rule 2008] ❑ Via Messenger: by causing personal delivery via messenger of the docurnent(s) listed above to the person(s) at the address(es) set forth below. ❑ Personal Delivery: by personally delivering the document(s) listed above to the person(s) at the address(es) noted below. ❑ Overnight Delivery: by placing the document(s) listed above in a sealed envelope and marked for next-day delivery by [Delivery Method] . [C.C.P § 1013a.] Clerk, Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on December 23, 2003, at Danville, California. Patricia A. Harris F:ICLMLA135312\POS.CCC-Claim.doc rl> Co 0 c�a En vt o v as jt� W oa O u a � ' H 0I }�1 O µy U N x FRyi ti LL X z o `, w 0 o a a LL N 6 �1 a a U � W di CLAIM (� BO F$YPERNMRS OF C NTRA COSTA COUNTY BOAU ACT I DN-.: 277. 2004 Claim Against the County, or District Governed by ) the Beard of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes ) ...z notice of the,action taken on your claim by the Board of Supervisors,p (Paragraph IV below), given Pursuant to Goverment Code Section 913 and 915.4. Please note all"Warnings". AMOUNT, UNKNOWN 4 CLAIMANT ROUND HILL COUNTRY CLUB, INC. ATTORNEY: RYAN K. J'. MAU, DATE RECEIVED- DECEMBER 24, 2003 ADDRESS: MUHAR, WININCHAM, R.OBERTS, FAMA, BY DELIVERY TO CLEF.ON: DECEMBER 24 2003 RAMER & MNTY ONE FRONT STREET, SUITE 500 BY MAIL POSTMARKED, , DECEMBER 23, 2003 SAN FRANCISCO., CA 94111 FROM: Clerk of the Board of Supervisors TO County Counsel Attached is a copy of the above-noted claim. . ,It7HN S WEET Dated: DECKER 24,, 200311 1By Deputy IF Olt : County Counsel,. TO: Clerk of the Board of Supervisors ("pis claim complies substantially with'Sections 910 and 910.2. t ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant.The Board cannot act for 15 days(Section 910,8). ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimants right to apply for leave to present a late claim(,Section 911.3). ( ) Other: Dated: By: Deputy County Counsel IIT. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) { } Claim was returned as untimely with notice to claimant(Section 9113). IV. B ARD ORDER: By unanimous vote of the Supervisors present: { This Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: SL * t JOIN SWEETEN, CLERK.,By , Deputy Clerk WARNING(Gov. code section 913 Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited in the mail to filo a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter.If you want to consult an attorney, you should do so immediate! *For Additional Wamin See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty ofperjury that I am now,and at all times herein mentioned,have been a citizen of the United States,over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JOHN SWEETEN, CLERK By Deputy Clerk ..... . . ... ......... .. _.. ._.._.__. ... Muhar, Wlningham, Roberts, Fama, Kramer & Monty Attorneys at Law One Front Street, Suite 500, San Francisco, CA 94111 Phone (4..15)�y- 318-1 Fax(415)296-8582 George Muhar Stacie L.Morris John L.Winingham R i�` Ryan K.J.Mau Donald J.Roberts Thomas M.Crowell Paul E.FamaA ���3 Rachel C.Scott Shelley A.Kramer 2 Brian H.Buddell Barbara S.Monty DECt1 Jeffrey R.Windsor D.Dean Lindberg �SUpERV1SfJRS V.Winnie 7ungpagasit Eric D.Leitner CLERK Ep�yT��CgYACO. December 22 Clerk of the Board of Supervisors County Administration Building, Room 106 651 Pine Street Martinez, CA 94553 RE: Slater v. Round Hill Country Club, Inc. Contra Costa County Superior Court, Case No. CO3-01385 Dear Sir or Madam: Please take notice that defendant Round Hill Country Club, Inc. of the above-entitled action hereby makes a claim for damages to the County of Contra Costa.based on principles of indemnity. In compliance with relevant California statutes, Round Hill Country;Club, Inc. (hereinafter"RHCC") offers the following information to allow the County to make a determination with regard to this claim: Claimant Information: Round Hill Country Club, Inc. 3169 Round Hill Road Alamo, CA 94507 Tel: (925) 934-8211 Contact with regard to claim: Jack Mahoney. Date of Accident: July 23, 2002 Date of Filing of Plaintiff's Complaint: June 2, 2003 Nature of Accident: Plaintif, while riding a 1995 Merlin XLM mountain bicycle, rode north of Round Hill Drive and turned right onto the driveway of RHCC. As he turned into the driveway, plaintiff crossed a standing puddle of water at an estimated eight miles per hour. The rear tire lost traction and slid out from him, causing plaintiff physical injury. December 22, 2003 Clerk of Board of Supervisors Re. Slater v. RHCC Page 2 Nature of Plaintiff's Alleged Iniuries: Doctor Slater, a 59 year-old man, suffered an intretrochanteric fracture involving his right femur, hip and knee. Internal fixation of the right hip was performed on July 23, 2002. Arthroscopic and debridement surgery of plaintiff's right knee was performed on February 18, 2003. Plaintiff seeks recovery from RHCC for his medical specials, estimated wage losses of approximately $50,000, and residual damages for future medical problems and life complications,. Basis for claim of RHCC for indemnity: An analysis of the location of the standing puddle of water, which caused plaintiff to fall, revealed the location to be the property of the County. Therefore, Contra Costa County failed to adequately maintain the street so it would properly drain. Should RHCC be held liable for any portion of Dr. Slater's damages, RHCC is entitled to reimbursement by the County, as the County owns and controls the area of the accident. Mr. Ryan K. J. Mau is the attorney representing RHCC. Although he is on vacation until January 5, 2004, you are welcome to contact me at this office with any questions. Otherwise, you may leave voicemail for him to answer upon his return. Very�trply yours, J n C. Hedger Paralegal to Ryan K. J. Mau, :jch Law Division of an Insurance Company Cl) ;y/a tih 7 LIJ _ LL; Uj 80 m :i tt� �. cs v O ) co LO o Co < O > C W to .4z Rl C C