HomeMy WebLinkAboutAGENDA - 05141991 - 1.21 (3) CLAIM ) .a�
' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
F Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MAY 14' 1991
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Undetermined Section 913 and 915.4. Please note all "Warnin s"
CLAIMANT: ESBIN, Louis J. and Susan B .
APR 17 1991
ATTORNEY: Richard S . Miller, Esq.
4 Embarcadero Center Date received COUNTY COUNSEL
ADDRESS: Suite 1450 BY DELIVERY TO CLERK ON April I T Yb?'Thand
San Francisco, CA 94111 e ivered)
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
April 16 1991 PpHHIL BgATCHELOR, Clerk
DATED: 1> > BY: peputy
II. FROM: County Counsel TO: Clerk of the Board of Su er 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 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
0
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: MAY 14 1991 PHIL BATCHELOR, Clerk, By Deputy Deputy Clerk
WARNING (Gov. code sectio 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 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.
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: MAY 17 1991 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
LAW OFFICES OF C/
VElY
RICHARD S. MILLER , �� QL
FOUR EMBARCADERO CENTER �1G //
SUITE 1450 _ �-y).-/,
!!N:SAN FRANCISCO,CALIFORNIA 941 1 1
TEL (415) 362-3600 MR
FAX (415)433-4156
CLERK BOARD OF SUPERVIS ,
By hand L CONTRA CO( CO.
April 11, 1991
Clerk of the Board of Supervisors
County of Contra Costa
651 Pine Street, 1st Floor
Martinez, CA 94553
RE: NOTICE OF CLAIM PURSUANT TO
GOVERNMENT CODE SECTION 911
Date of Injury: October 12, 1990
Injured Party: Mr. and Mrs. Louis J. Esbin
Location: 779 Horizon Drive
Martinez, California
Dear Clerk of the Board of Supervisors:
This law office represents and herewith tenders this letter as a
formal NOTICE OF CLAIM pursuant to California Government Code
Section 911, on behalf of our clients, Louis J. Esbin and Susan B.
Esbin. The Esbins are hereinafter referred to as claimants.
(a) Claimants formerly resided at 779 Horizon Drive,
Martinez, California 94553 . They presently reside at 22451
Hatteras Street, Woodland Hills, California 91367 .
(b) All notices should be sent to this law office addressed
to Richard S. Miller, Esq. , 4 Embarcadero Center, Suite 14-50, San
Francisco, California 94111.
(c) On or about October 12, 1990 claimants discovered that
the permit issued for the construction of their former home at 779
Horizon Drive, Martinez, California, was issued despite a then-
existing restriction of the county prohibiting construction on said
site until remedial action was taken on adjoining property which
overlooked claimants' land. Said land had experienced prior
landslides and in its unrepaired condition presented a clear and
present danger of further slides onto claimants' land. A review of
the public file discloses that no remedial action was taken on the
adjoining land prior to the issuance of the construction permit for
claimants' home.
0234 V t 3 3 3 H �.
i
Clerk of the Board of Supervisors
April 11, 1991
Page 2
(d) As a proximate result of the dangerous condition on the
adjoining property, a potential buyer of claimants' property
withdrew from an offer of purchase, which offer had been
conditioned upon an inspection of the property and adjoining land.
Subsequent thereto claimants were forced by law to disclose to all
other potential buyers that their property was subject to potential
damage from landslides. Thereafter, they were able to sell their
property, but suffered a reduced sale price, reflecting this
negative amenity, of $35, 000 less than the original offer referred
to above. They have suffered further damage including the
retention of attorney's and other experts to further investigate
the facts relative to this claim.
(e) The public employees were those who issued the permit to
construct the home on claimants' property without first requiring
that remedial action be taken on the adjoining property to
eliminate the danger of landslides.
(f) Claimant has lost not less than $35, 000 as a result of
the negligence of the public employees of this governmental agency.
We await your prompt response to this formal claim.
Very truly yours,
Richard S. Miller
- RSM/W
C/Louis J. and Susan B. Esbin