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HomeMy WebLinkAboutRESOLUTIONS - 12181984 - 1.16 CLAIM � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT December .18, 1984 governed by the Board of Supervisors, ) The copy oft s document mailed to you'is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Gilda Thurm, Christina, Carolin & Johann Thurm Estate of Henry G. Thurm Attorney: Wm. Barry Balamuth, Esq Coulliy Counsel Stark, Stewart, Wells & Robinson Address: Citicorp Savings Plaza, Suite 1400 N 0 V 19 1984 180 Grand Ave, Oakland, CA 94612 Amount: Unspecified By delivery to clerk on Martinez. CA 94553 Date Received: November 16, 1984 By mail, postmarked on November 15, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: November 15, 1984PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: -Z — By: Deputy County Counsel III. FROM: Clerk of the Board TO: ( ) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (K)" 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: If,/r k / PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you grant to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) 00 021 CLAIM 1 Wm. Barry Balamuth, Esq. STARK, STEWART, WELLS & ROBINSON FRECEIVED 2 Citicorp Savings Plaza, Suite 1400 180 Grand Avenue, Suite 1400 3 Oakland, California 94612 1984 Telephone : (415) 834-2200 4 PHIL BATCHELOR LER BOARD/�1 fSUPE"ORS Attorneys for Claimants p CONT'RdhC9's_T CO 5 B 6 7 8 Claims of GILDA THURM, individually ) and as Executrix of the Estate of ) 9 HENRY G . THURM, aka HEINRICH GEORG ) CLAIMS FOR DAMAGES FOR THURM, CHRISTINA THURM, CAROLIN THURM) WRONGFUL DEATH, MEDICAL 10 and JOHANN THURM, ) MALPRACTICE, FALSE ARREST AND FALSE 11 vs . ) IMPRISONMENT (Government Code 12 COUNTY OF CONTRA COSTA, BOARD OF ) Section 910) SUPERVISORS ; CONTRA COSTA COUNTY ) 13 HEALTH SERVICES DEPARTMENT; CONTRA } COSTA COUNTY HOSPITAL; CONTRA COSTA ) 14 COUNTY SHERIFF-CORONER' S OFFICE ) 15 16 TO THE CLERK, CONTRA COSTA COUNTY BOARD OF SUPERVISORS : 17 You are hereby notified that Gilda Thurm, individually 18 and as executrix of the Estate of Henry G. Thurm, Christina 19 Thurm, Carolin Thurm and Johann Thurm serve and make demand upon 20 you for the causes and amounts set forth below. . 21 Claimants ' address to which notices are to be sent: 22 Wm. Barry Balamuth, Esq. STARK, STEWART, WELLS & ROBINSON 23 t 180 Grand Avenue, Suite 1400 Oakland, California 94612 24 25 26 STARK, STEAVART, WELLS & ROBINSON ATTORNEYS AT LAW 180 GRAND AVENUE , f SUITE 1400 - v 022 OAKLAND, CA 01/012 141 51 834.2200 - - . I Claimants ' address : 2 Gilda Thurm Christina Thurm 3 Carolin Thurm Johann Thurm 4 Estate of Henry G. Thurm 11 Aspinwall Court 5 Orinda, California 94563 6 Amount of claim: Estimated at this time to be in excess of One Million Dollars for 7 general and special damages . 8 Date and Place of Occurrence Giving g Rise to the Claims : On or about October 1 , 1984 ; Contra Costa County Hospital ; 10 Contra Costa County Jail 11 Description of Occurrence : This description is pieced 12 together from such documents as are presently available to 13 claimants . The California Highway Patrol , Contra Costa County 14 Sheriff ' s Office, and Contra Costa County District Attorney ' s 15 Office have refused to provide claimants ' attorney with most ,of 16 the records necessary to investigate and document this claim. 17 They refuse to cooperate unless a subpoena is issued. Since no 18 criminal matter is pending and this claim is a condition 10 precedent to filing a civil suit, no legal action presently 20 exists by which a subpoena may be obtained. (Please see Robert 21 R. Hole' s letter dated November 8, 1984 , attached hereto and 22 incorporated herein by this reference. ) 23 Oin October 4 , 1984, Henry G . Thurm died of an 24 intracerebral hemorrhage while in the custody of the Contra 25 Costa County Sheriff ' s Office. Mr. Thurm had been arrested on 26 October 1 , 1984 , by the California Highway Patrol for allegedly STARK, STEWART, WELLS &ROBINSON ATTORNEYS AT LAW 180 GRAND AVENUE _2 SUITE 1400 - 00 023 OAKL,A\D, CA 04012 (A18)834.2200 1 violating Vehicle Code section 23152 (A) (driving under the 2 influence ) . Criminalistics .Laboratory Report No. 84-06049-A 3 later reported that Mr. Thurm' s blood alcohol level had been 4 0. 00% . 5 On October 1, 1984 , Mr. Thurm was placed in custody 6 following a motor vehicle accident in which he suffered personal 7 injuries . The arresting officer noted that Mr . Thurm was 8 "extremely unstable and he appeared to be in a daze . " The 9 officer "did not notice any odor of an alcoholic beverage . " 10 The left, front windshield on Mr. Thurm' s vehicle was 11 shattered and a significant amount of his hair was embedded in : 12 the cracked glass . Despite Mr. Thurm' s head injuries , he was 13 transported to County Hospital handcuffed in the officer' s 14 patrol car, rather than by ambulance. (For further particulars, 15 please see State of California Traffic Collision Report No. 16 10-7, NCIC No. 9320, Officer ID No. 9251 . ) 17 County Hospital ' s diagnosis and treatment of Mr . 18 Thurm' s condition was grossly negligent. Although the Emergency 19 Room Record shows clear signs that Mr. Thurm had "hit 20 windshield, " was a cardiac patient at Alta Bates Hospital , did 21 "not recall events just prior to accident, " and was taking 22 various medications , including Coumadin, County Hospital 23 released Mry Thurm for booking. 24 At the County Jail, Mr. Thurm was observed to be 25 I "disoriented/confused, sleepy . . . . " The booking process 26 STARK, STEAVART, WELLS h IZOBIN50N ATTORNEYS AT LAW -3- 180 GRAND AVENUE SUITE 1400 0 ',_J�('�p 024 OAILLA\D, CA 94912 _ (4151 834-2200 - - ' 1 continued. Mr. Thurm was examined by a nurse on at least two 2 occasions , but remained at .the Jail . 3 Late in the evening of October 1 , 1984 , Mr. Thurm was 4 returned to County Hospital . He was observed to have 5 "difficulty speaking, " "right side weakness , " "right eye lid 6 drooping Despite a request for immediate consultation 7 by a neurosurgeon, Mr . Thurm was not so examined until 8 mid-morning on October 2, a delay of ten hours . By the time Mr . 9 Thurm was examined by a neurosurgeon, he was comatose . He died 10 two days later . 11 This claim will also serve as notice of claimants ' 12 intention to commence action against health care provider 13 pursuant to Code of Civil Procedure section 364 . This office 14 has reviewed such records as have been made available with two 15 competent physicians and surgeons . Based on their review and 16 consultation, we conclude that a reasonable and meritorious 17 cause exists for filing an action for medical malpractice . 18 Description of Claims : Mr . Thurm' s widow, Gilda 19 Thurm, his daughters, Christina and Carolin Thurm, his son, 20 Johann Thurm, seek recovery against you for the decedent' s 21 wrongful death. 22 The Estate of Henry G . Thurm seeks recovery against 23 you for histfalse arrest, false imprisonment, severe emotional 24 distress , pain and suffering. 25 26 STARK, STI:WART, WELLS & ROBINSON - ATTORNEYS AT LAW ' 180 GRAND AVENUE -4- SUITE 4-SUITE 1400 OAKI-AND, CA 04812 (AIS)834.2200 - 1 We value the combined amounts of these claims to be in 2 excess of one Million Dollars . 3 Dated: November 14 , 1984 . 4 STARK, STEWART, WELLS & ROBINSON 5 BY 6 Wm. a r r alamuth 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 i 24 25 26 STARK, STEWART, NVELLS:a ROBINSON ATTORNEYS AT LAW -5- 160 GRAND AVENUE ' SUITE 1400 OAKLAND, CA b. !4151634-22001612 . Office of District AttorneyWilliam A. O'Malley Contra District Attorney Court House; Fourth Floor Costa P.O. Box 670 Martinez,California 94553 County (415) 372-4500 ✓'j' ., November 8, 1984 William. Barry Balamuth Stark, Stewart, Wells and Robinson 180 Grand Avenue, Suite 1400 Oakland, California 94612 Re: Henry C. THURM Mr. Balamuth: In response to your letter of October 31st and in response to our telephone conversation, I can inform you now that our office will decline to release any reports to you at this time, and will not accomdate your request that this office instruct the California Highway Patrol and the Sheriff ' s Office to release their reports. It appears that you will need to obtain the reports you need by the subpoena process. Thank - ou, . WIL I A. O 'MALLEY Dis r ct Attorney R b rt R. diol Deputy District Attorney RRH/pg t f ^ Q1 .7 .0 :y ATE OF CALIFORNIA 80AAD OF CONTROL TORT CLAIM+ BC 1-A (10-81 ) INSTRUCTIONS RESERVE FOR FILING STAMP• CLAIM NUMBER A.,CLAIMS RELATING TO CAUSES OF ACTION FOR DEATH OR FOR INJURY TO PERSON OR TO PERSONAL PROPERTY OR GROWING CROPS MUST BE PRESENTED-NOT LATER THAN TME100TH DAY AFTER THE ACCRUAL OF THE CAUSE OF ACTION. CLAIMS RELATING TO ANY OTHER CAUSE OF ACTION MUST BE PRESENTED NOT LATER TN ONE YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION. (SEC. 911;2, CODE 8. CLAIMS MUST BE FILED WITH THE STATE BOARD OF CONTROL AT ITS OFFICE IN SUITE 3009 926 J STREET, SACRAMENTO, CALIFORNIA 95814. C. CLAIM TO BE FILED IN TRIPLICATE. BEFORE THE STATE BOARD OF CONTROL OF .THE STATE .OF CALIFORNIA iN THE MATTER Of THE CLAIM OF da Thurm, individually and as Executrix of the Estat of Henry G . Thurm, aka Heinrich Georg Thurm, Christina Thurm, Carolin Thurm and Johann Thurm AGAINST THE STATE OF CALIFORNIA ; Department of California Highway Patrol THE UNDERSIGNED CLAIMANT HEREBY MAKES ,CLAIM AGAINST THE STATE OF CALIFORNIA IRA} fX3AR)@k for a sum in excess of 11000 , 000 . 00 AND IN SUPPORT OF SAID CLAIM REPRESENTS AS FOLLOWS SEND NOTICES TO: ATTORNEY) GOVT. CODE SEC. 910,2 PROVIDES: "THE CLAIM SHALL BE SIGNED BY THE CLAIMANT OR BY SOME PERSON ON HIS BEHALF." CLAIMANT'S SIGNATURE TARK TEW RT, WELLS & Wm. Barry Balamuth, Esq . ,� ADDRESS Stark, Stewart, Wells & Robinson 11 Aspinwall Court 1.80 Grand Avenue, Suite '1400 , Oakland, Orinda, CA 94563 :'ELEPHONE NUMBER CA 94612 TELEPHONE NUMBER ( 415 ) 8.34-2200 ( 415 ) 376-7324 1. WHEN O10 THE DAMAGE OR INJURY OCCUR _ 2. WHERE 010 THE DAMAGE OR INJURY OCCUR (GIVE EXACT DATE 'AND HOUR) (INCLUDE CITY ANO COUNTY) Highway 24 near Gateway. Boulevard, un- 10/1/84 ; 1625 p .m. , and thereafter incorporated area of Contra Costa County ; NOW DID THE DAMAGE OR INJURY OCCUR GIVE FU4L DETAILS) Please see the claim filed with the Clerk, Contra Costa County Board of Super- visors , a true and correct copy of which is attached hereto and incorporated herein. by this reference . The California .Highway ',Patrol has refused to provide, claimants with the records relating . to the arrest of Henry G . Thurm. Without such information, claimants are unable. to provide full details . WHAT PARTICULAR ACT OR OMtSS10N ON THE PART OF STATE OFFICERS, SERVANTS OR EMPLOYEES CAUSED THE INJURY OR DAMAGE False arrest, false imprisonment, wrongful death, 'negligent failure to obtain adequate medical care . i_;+liorfia Highway Patrol Officer C . Chellew; ID No . 9251 , and possibly o t h E-.-'k s , a . S. WHAT DAMAGE OR. INJURIES 00 .YOU CLAIM RESULTED GIVE FULL EXTENT OF INJURIES OR DAMAGES CLAIMED Wrongful death; loss of financial support, deprivation of society, comfort, care, .services, and companionship-; the Estate claims damages for false arrest, - false imprisonment, severe emotional distress , pain and suffering . ?. NOW WAS THE AMOUNT CLAIMED ABOVE COMPUTED INCLUDE THE ESTIMATED. AMOUNT OF ANY PROSPECTIVE INJURY ,OR DAMAGE) Claimants have not been provided with sufficient documentation to compute the total amount of their claims . At the present time, they estimate the amount of their claims to be in excess of $1 , 000, 000.. 1AMES AND ADDRESSES OF. WITNESSES, DOCTORS AND HOSPITALS Highway . Patrol Officer C . Chellew; claimants , representatives of Contra. Costa County Hospital , Sheriff-Coroner ' s Office, Health Services Department EXPENDITURES MADE ON ACCOUNT OF ACCIDENT OR INJURY DATE ITEM AMOUNT NOTI CE TER A CLAIM HAS BEEN FILED WITH THE BOARD IT WILL BE ASSIGNED A HEARING GATE, AND YOU WILL BE ADVISED OF THE TIME AND GLACE OF HEARIt;G. AT PRESENT THE BOARO OF CONTROL MEETS ONLY IN SACRAMENTO ANO LOS ANGELES: IF YOU WISH TO DESIGNATE ONE OF THESE LOCATIONS; PLEASE ADVISE US OF YOUR PREFERENCE WHEN YOU SUBMIT YOUR CLAIM. SECTION ,72 OF THE PENAL CODE PROVIDES: "EVERY PERSON WHO, 'WITH INTENT TO OE FRAUD, PRESENTS. FOR ALLOWANCE OR FOR PAY"'_NT TO itiY STATE BOARD OR OFFICER, OR TO ABY COUNTY, TOWN, CITY, DISTRICT, WARD OR VILLAGE BOARD OR OFFICER, AUTHORIZED TO ALLOW OR PAY THE SAME IF GENUINE, ANY FALSE OR FRAUOULENT CLAIM, 3ILL, ACCCUNT, VOUCHER, OR '.:RITING, IS GUILTY OF A FELONY." � 1 . Claim denied � 2 . Thurm Henry C � Estate of t CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT December 18, 1984 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: George B. Aiken �OEJiI(y' CoUnS@I 422 Clipper Hill Road Attorney: Danville, CA 94526 NOV 19 1984 Address: Martinez, CA 94553 Amount: $132.00 By delivery to clerk on November 16, 19084 Date Received: November 16, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: November 16, 1984 PHIL BATCHELOR, Clerk, By ep Deputy o enc war s II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (� ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections"910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated; By: - Deputy County Counsel III. FROM: Clerk of the Board TO: (1 County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (x) 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: r / PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months from the date of this notice Was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. - You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: a - ao-i-y PHIL BATCHELOR, Clerk, By �,(j. �x-� �fir-- , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM a0 � RECEIVED NOV /C 684 "ill BA!CMELOQ CLERK BOARD CF$UK-RVISOFZ COW.PA COS7 A CO ,v I,F/4, �o-�„✓ ✓gid 'ao-ecr. @.-Gum � /X`,� R""'i_ c.aowu.�.o/ D 03/ COUNTY OF CONTRA COSTA Contra Cost- Cos-!REPORT EVERY ACCIDENT AS SOON AS RECEI'; Ev POSSIBLE TO: PUBLIC LIABILITY ACCIDENT NOV 14 1984 COUNTY ADMINISTRATOR'S OFFICE (OTHER THAN AUTOMOBILE) 651 Pine Street Martinez, California 94553 Admi,i r• it DATE OF ACCIDENT TIME THE o(. M.��,e ` /9f3�• /O;DU q yjl. ACCIDENT PLAc - (.DU'OT CO Ute' T1�1,15� 0,0 AVT (::.0 It'1�'7-1AJ EZ Ci4 - DESCRIPTION �E� V COu T //vusE--. OF ACCIDENT NAME STREET ADDRESS CITY STATE TELEPHONE 2-2 C'G/�� f-/i�G ��D. ��Uvr�Ct� G4 �v' 8z 4z=s'e OCCUPATION THE WHAT WAS INJURED DOING WHEN HURT? INJURY /_ A.) C7 NATURE AND EXTENT OF INJURY ,57j:�rU6:�� �S�.PA/�lJ - WHERE WAS INJURED TAKEN AFTER ACCIDENT? t iy� -� f��SPirAL /vc f r NAME OF DOCTOR OR HOSPITAL ,Ok a,4UAW oe4eW04/,46 IIWP G/015ellle 'E C� OWNER ADDRESS TELEPHONE PROPERTY KIND OF PROPERTY AND EXTENT OF DAMAGE DAMAGE ESTIMATED COST OF REPAIR NAME ADDRESS TELEPHONE Z, W 9-4-A-Jb 169 40 . 4141,0,4 #&,f 0Ax)014cE C4 9-q7-3(.,7- NAME ¢ . ADDRESS I TELEPHONE WITNESSES &,e/� ar6C—L G�2 W• Ute[ Sj. e-f f {,u/ Of (6 A6 - 90 ZS NAME ADDRESS TELEPHONE S 6vF•CAL OT/1E�s it1,I�+ S �fDD.0 f$E�' 01V,t' 0 4J A� . DATE SIGNA OF REPORTING PARTY SIGNATURE OF XSUPE,,'VISOR DEPARTMENT TO BE COMPLETED BY INVESTIGATOR BY WHOM INVESTIGATED DATE COMPLAINANTS STATEMENT COUNTY'S INV EST I- STATE WHETHER OR NOT YOU THINK CLAIM WILL BE MADE GATION OF REMARKS AND RECOMMENDATIONS ACCIDENT POLICY REPORT? WHERE: RETAIN PINK COPY FOR YOUR FILES. 00 032 r .. N c m z cnM C4 t� t7l y � m 0Hro y Jaz O � wcn N p�, N N• M r 0 O n ft 0 (D 0 A+ � • c ; -7°i -m En y M i N i •• ►< �•x o N a (D N ). m En n m m (D A Hw $1m p- N ° r • 0 rt � M(D N (D (D ft 3 N H (D o ; m O W (D o ft N w O (D z ? m Po h rt C �C O. O t-IHrt G O 'U to n f• H H (D x1 f i > (D (D (mneme £ o � (roD0 x � � > m Fl. o M (D o 0 o x H. H O ft O rt ft 0 P. x' w 0 rt (D rt c •• kc F+ (D OD Cn o a tD ft Q1 a � o rtM w a rt (n :5w El N s n c a' O rt rt 4 c Z V* �.► crt O Oda (D w : m V 4 '� b b O ft G. p m a m Cn P-M W fD p � X m O rt rt w 1 rt ro o _ S� B� O (D tl �. K W z — 0 D i O "c.... �a. 'C0 wo c ; � n D O 0 (D OM ' m :.S ��•h M F-' G) D ••� rt►< rt H � (D (D M f•• m OSA (D f( P. O :s g me a • rt f.,. P. N m H (D c N rtw w i fort t o � m M m -CC a En (D oc° Nm • ; A 1 3 N D D ZZ zD m m > a O I r 0 N 00 U3 4 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT December 18, 1984 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: William J. Detmer County COUnSC) Attorney: Donald K. Bussiere N O V 13 1984 Weinberg & Campbell Address: 765 Bridgeway Martinez, CA 94553 Sausalito, CA 94965 Amount: Unspecified By delivery to clerk on Date Received: November 13, 1984 By mail, postmarked on November 9, 1984 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. y� Dated: November 13, 1984 PHIL BATCHELOR, Clerk, By puty Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimants right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: puty County Counsel 1 lei III. .FROM: Clerk of the Board TO: (1) Codhty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (�) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: ,(,". 1r PHIL BATCHELOR, Clerk, By . (�_ `max- - Lug- , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months frcm the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimants right to apply for leave to present a late claim was mailed to claimant. , DATED: PHIL BATCHELOR, Clerk, By Q� (� , Deputy Clerk cc: County Administrator (2) County Counsel (1) 00 034 CLAIM RECEIVED CLAIM FOR INDEMNITY rrni eArci+E:oe C4ERK 80Akp Of SUPE�'�!SO.^.. (Gov.C. Sections 901 910-911 . �F''-��c~' °-"„�. Deauty TO: CONTRA COSTA COUNTY YOU ARE HEREBY NOTIFIED THAT defendant WILLIAM J. DETMER hereby asserts a claim for indemnity against CONTRA COSTA COUNTY for damages arising out of the enclosed complaint of WILLIAM McCUBBIN which has been served upon claimant. The full amount of the claim hereby asserted is as yet undetermined. Claimant ' s full name and address are as follows : William J. Detmer c/o Weinberg & Campbell 765 Bridgeway Sausalito, California 94965 All notices or other communications with regard to this claim should be sent to: Donald K. Bussiere , Esq. Weinberg & Campbell 765 Bridgeway Sausalito, California 94965 ( 415 ) 331-1517 Dated: November 9th, 1984 DONALD K. BUSSIERE ATTACHED IS A COPY OF THE First Amended Complaint, and Amendment to First Amended Complaint. SERVICE WAS EFFECTED APRPDXI1,1ATELY October 24 , 1984 . 00 035 1 MICHAEL W. BLOOM ATTORNEY AT LAW 2 00 E. SIR FRANCIS DRAKE BLVO.. SUITE 3E LARKSPUR.,CALIFORNIA 9493e (FIs( A61-6660 �( n 3 U ILIA D 4 Attorney for Plaintiff APR G _1984 5 J. R OtSSON, County Cleric CONTRA COSTA COUNTY 6 o.aa 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 _ 10 WILLIAM McCUBBIN ) NO. 251129 ) 11 Plaintiff , ) AMENDMENT TO FIRST AMENDED COMPLAINT (Substituting Defendants' True Names 12 VS. ) for Fictitious Names) (CCP 4741 ) 13 STRUCTURAL STEEL, et al. , ) 14 Defendants. ) 15 ) AND RELATED CROSS-ACTION ) 16 ) 17 Plaintiff was ignorant of defendants ' names , stated that 18 fact in the Complaint, and designated the defendants by fictitious 19 names. Certain of said defendants true names have now been 20 discovered and plaintiff hereby amends the First Amended Complaint 21 as follows: 22 True Name Fictitious Name 23 REGINA ROBINSON DOE TWENTIETH 24 LLOYD K.LINGMAN DOE TWENTY-FIRST 25 LEE CHAVEZ DOE THIRTY-FIRST 26 KRISTEEN CHAVEZ DOE THIRTY-SECOND 27 WILLIAM DETNER DOE THIR'PY-THIRD 28 HELENE DETNER DOE THIR'PY-FOURTH 00 036 True Name Fictitious Name TRACY MILLER DOE THIRTY-FIFTH 3 PEGGY MILLER DOE THIRTY-SIXTH 4 5 6 Dated: March 30, 1984 7 i ^ 8 !'L MICHAEL W. B OOM 9 Attorney for Plaintiff 10 11 12 i 13 14 � 15 16 17 18 19 20 21 n 23 i 24 25 f 26 2.7 l 28 CIO 03'7 a True Name Fictitious Name 1 RUTH DOLD DOE FORTY-TWO 3 4 Dated: April 20, 1984 5 � 6 MICHAEL W. BLOOM 7 Attorney for Plaintiff 8 9 _ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?$ 00 038 -2- • 1 1 ALAN M. MAYER U 1 Attorney at Law U LO � ; 2 880 Las Gallinas San Rafael , CA 94903-3466 3 Phone: (415) 479-1053 OCT 27 I ' 4 Attorney for Plaintiff ,. K. UL-).jv,v. County Clr►. S CONTRA COSTA COUNTY 11v PA'T' 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 WILLIAM McCUBBIN , 10 Plaintiff, No . 11 vs. FIRST AMENDED COOLAINT FOR PROPERTY DAMAGES AND 12 STRUCTURAL STEEL ENGINEERING, PERSONAL INJURIES INC. , a California corporation , 13 PAUL BURTON, ROBIN ROBINSON, CITY OF LAFAYETTE, CONTRA 14 COSTA COUNTY, and FIRST DOE through ONE HUNDREDTH 15 DOE, inclusive, , 16 Defendants. 17 Plaintiff, WILLIAM McCUBBIN, alleges against defendants , and 19 each of them, as follows : 19 FIRST CAUSE OF .ACTION (Negligence) 20 1 . Plaintiff is, and at all times herein mentioned , was a 21 resident of the County of Contra Costa , State of California . 22 Plaintiff is now, and has been at all times since 1979 , the owner of� 23 the improved lot and residence located at 1086 Marguerite Court ,i 241 . Lafayette, California (hereinafter referred to as "plaintiff' s) 25 property") . I 26 ,... • 2. The true names or capacities, whether individual , cor- K MAY9RPUM I 09 A, 1" -1- 00 03 moo• �V'4D�M� as •ALUM" Ag 1 porate, associate, or otherwise, of defendants named herein as FIRST ; 2 DOE through ONE HUNDREDTH DOE, inclusive , are unknown to plaintiff ' 3 who therefore sues said defendants by such ficitt.tious names . • i 4 Plaintiff will ask leave to amend this complaint to show their true ) 5 names and capacities when they have been ascertained . Each of thel 6 DOE defendants is responsible in some manner for the events herein 7 referred to , and have caused damaged and injury proximately thereby ; 8 to plaintiff . 9 3. Each of the defendants sued herein was at all times the 10 agent and employee of each of the other defendants and was at all ! 11 times acting within the purpose and scope of said agency and ; 12 employment . I I 13 4 . At all times mentioned herein , defendants, PAUL BURTON, 14 ROBIN ROBINSON, and TWENTIETH DOE through THIRTIETH DOE, inclusive , I 15 . were residents of the County of Contra Costa , State of California . ) 16 5. At all times mentioned herein , defendant STRUCTURAL STEEL 17 ENGINEERING, INC. , (hereinafter referred to as "STRUCTURAL") , was a 18 California corporation duly licensed to do business in the State ofd 19 California and the County of Contra Costa . 20 6 . Defendants, STRUCTURAL, ROBINSON, BURTON and FIRST DOE 21 through THIRTIETH DOE, inclusive, owned , developed , manufactured 22 and/or improved the property which subsequently became plaintiff' s! 23ert ro p p y, and substantially completed a residential • structure 24 thereon, Such defendants manufactured plaintiff' s - property by, 25 among other things, financing, surveying ,g , subdividing , engineering ,, 26 supervising , cutting , grading , grading adjacent property, filling , M. MAT[R �A7 LAM J>Q �2- OO O(Aj i ao •vIi.oi..o A *ALUM" 1 .[L V ,4903 •7O. 311 i 1 compacting , and creating a building pad on plaintiff' s property, by : 2 designing , locating and substantially completing a residential 3 structure on plaintiff' s property. i 4 7. Plaintiff is informed and believes, and based upon such; 5 information and believe, alleges that said defendants, and each of 6 them, failed to exercise reasonable care in the manufacture of said . 7 property, which subsequently became plaintiff' s property, and 8 failed to exercise reasonable care in the manufacture of the 9 substantially completed residential structure thereon, by, among 10 other things, causing or permitting the manufacture of *said lot and 11 the construction of a completed structure thereon , wiT-hout stabil 12 izing and taking all other reasonably necessary precautionary; 13 measures to ensure the stability of the steep slope immediately to 14 the rear of and around plaintiff' s house when it was reasonably! i 15 foreseeable that such steep slope was in a defective wndition, and 16 would become saturated and would fail , move and slide across 17 plaintiff' s property, thereby causing substantial damage theretoi 18 and injuring the occupants thereof. Defendants further improperly! I 19 graded said property and provided inadequate drainage on said 20 property. Defendants further failed to exercise reasonable care in 21 designing , locating and constructing the residential structure on 22 plaintiff' s property, by situating it in such a location as to! 23 expose it and the occupants thereof to the dangerous and hazardous 24 condition created by the unstable and steep slope, "as alleged in 25 this complaint.- 26 8. As a direct and proximate result of the negligent M. MATILN n !! Aw0 ��tuw ,'U0 41 1 sae �3- �Lc�� _ •:. AS SAI. w •A u a 9.601 . 6666 ..... manufacture of said property, by said defendants, the real and Ad personal property of plaintiff, and the person of plaintiff, were is, damaged and injured when the steep slope immediately . adjacent to :h, i plaintiff' s house failed , -moved and slid . i i SECOND CAUSE OF ACTION (Product Liability) As and for a Second Cause. of Action , plaintiff alleges as s: follows : 1e 9. Plaintiff realleges and incorporates herein by reference �y each and every allegation contained in Paragraphs 1 through S of this complaint , as though each were fully set forth herein . 10. Plaintiff is informed and believes, and based upon such : information and belief, alleges that defendants , STRUCTURAL , : 'n; ROBINSON, BURTON and FIRST DOE through THIRTIETH DOE, inclusive. , ' Is manufactured and developed plaintiff' s property with the knowledge I that if said property were manufactured , developed , or _designed in a i I defective way, it would cause damage to improvements and injury to i persons on such property. ' :.e` 11. Plaintiff is informed and believes and based upon suchi ofl information and belief, alleges that the manufacturing of plain- tiff' s property was defective, and the product thereby created was gh defective in that, among other things, defendants named in thisl tyl I 1 cause of action , and each of them, failed to stabilize the steep` slope immediately adjacent to plaintiff' s house, and defendants is designed , located and constructed the residential structure on� nt I plaintiff' s property in such a way as to expose it and the occupants at; therein to the dangerous and hazardous condition created by the as -a- OOi 042 1 herein alleged . 2 17. Since on or about March 1983 , defendant' s property hast 3 failed to provide plaintiff' s property with its natural subadjacent') 4 and lateral support, causing damage to plaintiff' s property and! 5 person . 6 FOURTH CAUSE OF ACTION ( Inverse Condemnation) 7 Plaintiff alleges as and for a Fourth Cause of Action: 8 18 . Plaintiff realleges and incorporates herein by reference g each and every allegation contained in Paragraphs 1 through 17 of 10 this complaint, as though each were fully set forth herein . 11 19 . At all times herein mentioned , defendant -THE CITY OFA 12 LAFAYETTE was and is a municipal corporation duly organized , : 13 chartered and existing under the laws of the State of California . ; I 14 20 . At all times mentioned herein defendant CONTRA COSTA! 15 COUNTY was and is a public entity existing under the laws of they t i 16 State of California . 17 21. Plaintiff is informed and believes and upon such infor-1 19 mation and belief alleges that defendants CITY OF LAFAYETTE, CONTRA! 19 COSTA COUNTY and DOES SIXTY-ONE through ONE HUNDRED, inclusive,! 20 owned , developed , constructed , built and at all times herein have 21 maintained the roadway commonly known as Marguerite Court, 22 Lafayette, California, which road is directly below plaintiff' s 23 house. Plaintiff is presently unaware of the exact nature of the, 24 respective ownership interests of defendants CITY OF LAFAYETTE,, 25 CONTRA COSTACOUNTY and DOES SIXTY-ONE through ONE HUNDRED,, 26 inclusive, and when such exact interests have been ascertained , r. Ii Ar ILA t; if AT LAW -�- ,� 00 043 .AL.JMA. CA ...a, I plaintiff will ask leave of this Court to amend this Complaint to . i 2 allege such interests. I 3 22. Plaintiff is informed and believes and based upon such 4 information and belief alleges that defendants CITY OF LAFAYETTE, 1 3 CONTRA COSTA COUNTY and DOES SIXTY-ONE through ONE HUNDRED , 6 inclusive, failed to take reasonable care in designing , improving , 7 controlling and maintaining said roadway to avoid damage to the 8 improvements on and injury to the inhabitants. of plaintiff' s 9 property from earth movement . 10 23. On or about and for a period of time prior to March 1983 , 11 the grading of Marguerite Court caused an instability of the ! 12 hillside on and adjacent to plaintiff' s property. I 13 24 . The acts and omissions of defendants, and each of them, 14 alleged herein proximately caused the earth movement and landslide ) i 15 on plaintiff' s property, destroying and damaging improvements 16 thereon, including substantially damaging the residence, destroying 17and damaging plaintiff' s personalty in and about the residence, ands 18 injuring plaintiff. ` 19 25. By reason of the foregoing acts and omissions of said 20 defendants, plaintiff' s property, including the residence located 21 thereon, was damaged and partially destroyed to plaintiff' s damage 22 in a sum in excess of $400,000.00. I 23 � 26. Plaintiff is informed and believes and based upon such 24 ' information and belief alleges that at some time prior to March 1983 , said defendants herein deliberately designed Marguerite Court; 26 and that on or about March 1983 "such improvements operated in the' r. MAr[M 00 0`2� ! N 4.w •gym w.vw 1 r 1 manner intended . 2 27 . Such improvements alleged herein were a substantial ; 3 factor in causing the instability of the hillside on. plaintiff' s '4 property and adjacent thereto , which thereupon failed causingi 3 substantial amounts of earth movement destroying plaintiff' s 6 property, including causing substantial damage to plaintiff' s i 7 residence and destroying and damaging plaintiff' s personalty in and . 8 about the residence . 9 , 28. By reason of the matters alleged herein , plaintiff' s real 10 and personal property have been taken or damaged for public use in an; 11 amount in excess of $400 ,000 .00 . Plaintiff has retained the Lawj 12 Offices of Alan M. Mayer to commence and prosecute this action , ) 13 including this inverse condemnation cause of action, and thereby and 14 therefore has incurred and will continue to incur attorney' s fees, 13 expert fees, engineering fees, and other litigation expenses in an, 16 amount presently unknown, and when such amounts are ascertained ,i 17 plaintiff will ask leave to amend this Complaint to allege the true) 18 amount thereof. 19 FIFTH CAUSE OF ACTION (Nuisance) 20 Plaintiff alleges as and for a Fifth Cause of Action: 21 29 . Plaintiff realleges and incorporates herein by references 22 each and every allegation contained in Paragraphs 1 through 28 of 23 this complaint, as though each were fully set forth herein . 24 30. Plaintiff is informed and believes and based upon such 2� information and belief, alleges that defendants CITY, COUNTY, and; 26 THIRTY-FIRST DOE through SIXTIETH DOE, inclusive, were owners of! 4. wArc" rAr LAW ©0 045 �0 •V0.D�N0 ��� {ALUNAI e1 u 016900 1 adjacent or nearby property to plaintiff' s property, are maintaingj 2 said property in an unstable condition. Said unstable condition! 3 poses a threat to plaintiff' s. property in that in its present 14 condition, is injurious to the health, and constitutes an obstruc- 5 tion to the free use of plaintiff' s property, so as to interfere with 6 the comfortable enjoyment of life and property thereon , and so as tol, 1 7 have constituted thereby a nuisance to the person and the real; I 8 property of plaintiff. I I 9 31. On or about August 31 , 1983 , plaintiff caused to be filed] 10 with the Town Council of the CITY OF LAFAYETTE a claim setting forth! 11 the basis upon which this cause of action herein against defendant 12 CITY is brought, and said claim contained the information required I 13 by Government Code Sections 910 , et seq. At no time has plaintiff 14 received notice from defendant CITY of any insufficiency, defect, orl 15 • omission in said claim. The last day for CITY to reject, deny orl 16 otherwise act upon such claim was October 17 , 1983 , and because 17 defendant CITY has not rejected or otherwise acted upon such claim 18 by the provisions of the Government Code, such claim is deemed 19 denied . 20 32. On or about August 31 , 1983, plaintiff caused to be filed 21 with the County of Contra Costa Department of Public Works and the 22 Board of Supervisors of Contra Costa County a claim setting forth 23 the basis upon which this cause of action herein against defendant 24 CONTRA COSTA COUNTY is brought and . said claim contained the 25 information required by Government Code Sections 910, et seq. At n 26 time has plaintiff received notice from defendant CONTRA COSTA 4. MAT[R '' CT A. LAW -9- - 00 04 )O �Y11 ' ,.DIN6 "LLINAX rLU .4.og ♦70.IOV I I COUNTY or from its Department of Public Works or Board of 2 Supervisors of any insufficiency, defect or omission in said claim. 3 Said claim was rejected by the Board of Supervisors of Contra Costa 4 County by board action on October 18 , 1983 , and as such the claim is 3 deemed denied . 1 6 SIXTH CAUSE. OF ACTION (Maintenance of Dangerous Condition) 7 Plaintiff alleges as and for a Sixth Cause of Action: 8 33 . Plaintiff realleges and incorporates herein by reference' 9 each and every allegation contained in Paragraphs 1 through 32 of 10 this complaint as though each were fully set forth herein . 1 11 34. On or about March 1983 and • for a substantial time prior) 12 thereto the property of defendants CITY and COUNTY as alleged herein i 13 was in a dangerous condition by reason of the following defects anal 14 hazards. Among others, the roadway commonly known as Marguerite 13 Court unnaturally diverted, collected, accumulated, concentrated) 16 and redirected surface water , and the roadway itself created an i 17 unstable condition because of the way it was created and maintained i 18 in such a way as it failed to provide appropriate drainage. I � 19 35. By reason of the dangerous condition of defendants CITY 20 and COUNTY ' s property as alleged herein, a reasonably foreseeable 21 risk was created that the steep slope on and around plaintiff' s 22 property would fail , move and slide onto and across plaintiff' s 23 property thereby imperiling and damaging plaintiff' s property and 24 those persons residing thereon . 23 36. Plaintiff is informed and believes and based upon such) 26 information and belief alleges that on some date prior to March 1983 AT uw bull-D1144 —10— 00 047 ,LL0#"d G ...C, ,.�rte• Civil Procedure Section 1036 , ! 2 With regard to plaintiff' s Fifth Cause of Action of Nuisance , ! 3 plaintiff prays against those defendants, in addition to damages 4 stated above, that said defendants abate the nuisance that currently ,5 exists. b DATED: October 26 , 1983 . 7 ALAN M. MAYER Attorney for Plaintiff i _ 9 i 10 11 12 � 13 14 • 15 15 17 18 19 20 21 22 23 24 25 26 try M. YER AT LAW 00 048 i ♦ALU#4" [L U •1.0! ♦7A.10�1 .. AMENDED CLAIM -< CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT December 18, 1984 governed by the Board of Supervisors, ) The copy of this doeument mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Cyrus B. Walker, Jr. 39 Woodland Drive Coulty Counsel Attorney: Walnut Creek, CA 94595 NOV 14 1984 Address: Martinez, CA 94553 Amount: $150.00 By delivery to clerk on Date Received: November 14, 1984 By mail, postmarked on November 12, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: November 14, 1984 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) Thiscl�plies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: G ' ' Deputy County Counsel III. FROM: Clerk of the Board TO: ( County Counsel, (Z County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present 00 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: ,(9cc�. Id', /yfY PHIL BATCHELOR, Clerk, By Deputy Clerk i WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months frcm the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: i1 + -,il PHIL BATCHELOR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) 00 049 CLAIM �i CLAIM TO: - BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions -::o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. ! Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911 , Martinez, .CA) . C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by -�— ) Reserved for lerk' s filing stamps �- �r�r,, ,� �. !fl/r3� K� r .l ✓ � �tri-�-r�.�-e�,. RECEIVED Against the COUNTY OF CONTRA COSTA) NO✓IST 1984 or CLc�:/G,�� �.,:, DISTRICT) (Fill in name) ) PHIL BATCHELOR LZU BOARD OFJUPERVISORSI CONTRA The undersigned claimant hereby Makes claim aga a ntra Costa or the above-named District in the sum of $ / o and in support of this claim represents as follows : ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) ------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) ----------- --------------------- --------------------------'- `=� 3. How did the damage or injury occur?- (Give full details, use extra sheets if required) ----------------- 4 . ----4 . What particular act or omion o the part of c6unty or district officers , servants or employees caused the injury or damage? 5.. - , What are the names of county or district officers, servants or employees causing the damage or injury? r , .G 6. What damage orn ries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) , ��/al��L—�` u�c�..,c /c—✓ �� B."7 ���e'.�,� � �Grf'C 7���_ �v�� ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) �r� .i--Y.--z�L•ti:�. /Lt.L�.4, ,� �i.c /''% •! rt m � � i-c�G�-i'_. I�l�t��-I?�e:.._�- R��. --------------------------'w--------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT i r Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by Isome ersori ori his behalf. " Name and Address of Attorney Claimant' ignature —T Address Telephone No. Telephone No. 7" j;C �J�<r NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account , voucher, or writing, is guilty of a felony. " 00 051 f n l 33 t415; DATE O` N r IADbRES= SOLD BY CASH C.O.D. HARGONACCT. MDSE. PAIDOUT.... - REM. i! / 3 (r p {i C 5 AV D 6171 a5. l'1 b 1 -s ' �CUSTOME 'S R ER NO. RECD BY KEEP THIS SLIP FOR REFERENCE 5H 527 00 052 �. Claimamended denled �`�� 2 . Walker- Cyrus B;-,, Jr,- �� r A `�— AMENDED CLAIM CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT December 18, 1984 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Glen A. Rodriguez Attorney: Will H. Ahern County Counsel Ahern & Mooney Nov 0 9 1984 Address: 14895 E. Fourteenth St. , Suite 200 San Leandr. , CA 94578 Martinez, CA 94553 Amount: $33,807.22 By delivery to clerk on Date Received: November 8, 1984 By mail, postmarked on November 7, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: November 8, 1984 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) Thisiclaim,ccpplies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ///,/ -� By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (q 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: .IL PHIL BATCHELOR, Clerk, By �,(�: �� , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail.to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: PHIL BATCHELOR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM .00 053 i LN i 1 WILLIAM H. AHERN I AHERN & MOONEY 2 Attorneys at Law 14895 East 14th Street, Suite 200 3 San Leandro, CA 94578 4 Telephone: (415) 352-0730 5 Attorneys for Claimant FRECEIVED GLEN A. RODRIGUEZ 07 gi -,-3Q4 7 PHIL BATCt1FiOQ ERK BOARr)Of.SUPEZ-11SCR3 9 10 In the Matter of the Claim of i 11 GLEAN A. RODRIGUEZ FIRST AMENDED CLAIM AGAINST PUBLIC ENTITY 12 VS . 13 THE COUNTY OF CONTRA COSTA 14 15 GLEN A. RODRIGUEZ hereby makes the following First , 16 Amended Claim against the County of Contra Costa for damages for 17 personal injury by amending Paragraph 3 of his original Claim filed 18 October 31, 1984 so that the entire claim shall read as follows : 19 1. Claimant's post office address is 1824 Magnolia Way , 20 Walnut Creek, California. 21 2. Notices concerning the claim should be sent to 22 WILLIM-1 H. AHERN, Attorney at Lata, 14895 East 14th Street, Suite 23 200, San Leandro, California 94578 . 24 3. The date and place of the occurrence giving rise to 25 the claim are on or about August 7, 1984 on or about the 1800 block 26 of Newell Avenue near its intersection with Magnolia Way in the 27 County of Contra Costa. LAW orne6S - AHERN do MOONEY 14696 EAST 14TH STREET - SUITE 200 _ SAN LEANDRO,CA 94678 -1 4415) 252.0750 00 054 1 4. The circumstances giving rise to this claim are as 2w follows : At the above time and place, claimant was walking on said 3 street which was in a dangerous condition due to the existence of 4 a hole, and, due to the dangerous condition, claimant tripped and 5 fell in said hole, causing claimant serious injuries . 6 5 . Claimant's injuries are torn ligaments in his right 7 leg. 8 6. The names of the public employees causing the claimantls 9 injuries are unknown. 10 7. My claim as of the date of this claim is $33,807. 22 . 11 8. The basis of computation of the above claim is as 12 follows : 13 Medical Expenses Incurred to Date $ 3,957. 22 14 Lost Wages Incurred 15 to Date 4 ,550 .00 16 Estimated Future Medical � 17 Expenses 300.00 18 General Damages 25,000 .'00 � TOTAL $33, 807.22 19 20 i 21 DATED: November 7, 1984 . 22 AHERN & MOONEY 23 24 By � WILLIAM H. AHERN, Attorney 25 for Claimant 26 27 LAW OFFICE, AHERN&MOONEY 14695 EAST 14TH STREET SUITE 200 -2- SAM LEANDRO,CA 94570 (415) „!•0720 00 055 r` CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, Or District ) NOTICE TO CLAIMANT December 18, 1984 governed by the Board of Supervisors, ) The copy oft s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Marianne von Pingel County Counsel 1800 Piedras Circle Attorney: Danville, CA 94526 N 0 V 1 4 1984 Address: Martinez, CA 94553 Amount: Unspecified By delivery to clerk on Date Received: November 14, 1984 By mail, postmarked on November 7, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: November 14, 1984PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: S R By: Deputy County Counsel III. FROM: Clerk of the Board TO: ( County Counsel, ) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (X) 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: ,�e�, �dr�k p4 PHIL,BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months Prem the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this _ matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: /�7 -fie PHIL BATCHELOR, Clerk, By Z_ , Deputy Clerk cc: County Administrator (2) County Counsel (1) Q 056 CLAIM + '•CLP I,,14 TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY o Instructions :o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause 'of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , CA 94553 (.or mail to P.O. Box 911, Martinez, CA) C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved fqg stamps kc?._-.4e RECEIV li D Against the COUNTY ;F CONTRA COSTA) PHI:BA?Ct fEL04 or DISTRICT) CLEZ!,BOA ,�0; ;' A!.,:, .; (Fill in name) I B D:7. D Wr The undersigned claimant hereby i.takes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) C -----------r------------------- ----------------------------------------- 2. Where did the damage or injury occur? (Include city and county) _ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) P .�.�rt.�i � ;{ � o-,..3 ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) 00 057 5.4'- What are the names of county or district officers , servants or employees causing the damage or injury? ------------------------------------------------------------------------- 6 . What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) •Po�.,o�-�cs.c�; c�.�.e�L-= � ��c�� — ce�. Ll, to o :..c�.: ---- = � ------------------------------------------ 7. How was 'thamou-nt claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and( hospitals. — '' .n•..2: ./Z.�--�.J � c.�v.t,/� v��v��� (..iv4� t�.s: b-�.i��..: ,./J.U,..� l.l?-ct.0 ------------------------------------------------------------------------- 9. List the._,•,expgnditures you made on account of this accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Claimant' s Signature Address Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account , voucher, or writing, is guilty of a felony. " 00 058 WRItE IT! — DON'T SAY IT! M 103 ®s CONTRA COSTA COUNTY TO Mrs. Von Pingel DATE 11/6/84 FROM Administrator' s SUBJECT Claim Form Office Enclosed is the claim form requested on this date. Please return the completed form to the office of the Clerk of the Board of Supervisors for filing. SIGNE PLEASE REPLY HE19 TO �`DATE • �V r/\/moi/ W � -� W �r I •5� SIGNED INSTRUCTIONS-FILL IN TOP PORTION,REMOVE DUPLICATE(YELLOW)AND FORWARD REMAINING PARTS WITH CARBONS. TO REPLY, FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE(PINK)AND RETURN ORIGINAL. FORA41AI03 Qs 00 059