HomeMy WebLinkAboutMINUTES - 02071984 - 1.18 • Board Action:
CLAIM Feb. 7, 1984
% BOARD OF SUPERVISORS OF COW-RA COSTA COUNTY, CALIFORNIA•.
Claim Against the County, or ) NOTE TO CLADYNT
District governed by the Board ) The copy of this document mailed to"you is your
of Supervisors, Routing Endorse- ) notice of the action taken on your claim by
ments, and Board Action. (All ) the Board of Supervisors (Paragraph III, below) ,
Section references are to California ) given pursuant to Government Code Section 913 &
Government Codes. ) 915.4. Please note all *Warnings"
catpUnsd
Claimant: Richmond Hardward & Lumber SAN O s 1984
Attorney: William R. Foley CA 94553
Address: P.O. Box 6247, Albany, CA 94706
Via County Adm. ( P. Young)
Amount: $548.27 By delivery to Clerk on Jan_ S, --L984
Date dived: January 5, 1984 By mail, postmarked on
I. FR Y4: Clerk of Uh-e Board of Supervisors To: County Counsel
Attached is a copy of the above-noted Claim. PIM
DATED: Jan. 5, 1984 J.R. OLSSON, Clerk, By -vc/ A , Deputy
e en --Marino
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 Boy-xd To: (1) County Ctyunsel, (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 Boards Order entered in its
minutes for this date.
DATED: FEB 0 71984 J.R. OISSON, Clerk, By Deputy
WARNING (Govt. C. 5913)
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 any attorney of your choice in connection with
this matter. If you want to consult an attorney,*you should do so irnrediately.
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. - `4�
/ /� I/J ,.
DATED: FEB r' 7 1484 J.R. OLSSON, Clerk, By -+u °1'1'ja�Lc ud . Deputy
VI. PW4: 1 County Counsel, (2) .County Mudnistrator TO: Clerk of the Board
of Supervisors
Received copies of this Claim and Board Order.
DATED: County Counsel, By.
County Administrator, By
CLAI74 133
• , ' 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 ent--ty, 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 ) Rese ' ng stamps
RECEIVED
AN 51984
Against the COUNTY OF CONTRA COSTA)
J. R. OLSSON
or DISTRICT) CLERK BOARD Of SUPERVISORS
CONTCOSTA CO.
(Fill in name) ) e 1 4 -.`-1.?4,VPW....D.,
The undersigned claimant hereby makes claim against the gounty of Contra
Costa or the above-named District in the sum of $ 7
and in support of this claim represents as follows:
------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
----- ---- ------ -----------------------------------------------------
2. W ere d'd the damage or injury occ/ulr? (Include city and county)
D.
3. -How did the damage or injury occur? (Give fu1Z details, use-extra-
sheets if required)
------------------------------------------------------------------------
4. What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
134 (over)
rapasa/ Page No. of Pages
• SNO 4—dU iS COMPANY
12826 San Pablo Ave.
RICHMOND, CALIFORNIA 94805
Phone 233.3762
PROPOSAL SUBMITTED TO PHONE �DATE
Y
STREET _ JOB NAME IF
CITY. STATE AND ZIP CODE JOB LOCATION
N i
ARCHITECT DATE OF PLANS JOB PHONE
IV 0
We hereby submit specifications and estimates for:
a S S 1 h 's r� �l f
p / 5
5 r cr£ o 5 i o Y `Q �r v o.► `'u e I K �'j �.w spot TN - f o 4-LV
1
XIt0Y a.�v-aaa
Lu Pvr,. a3�.00
s3:a? ' ..�..
ti
Or fropeor hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
7
dollars($ a 7 ).
PatmeTit to be ma a as fol o s:
Ali material is guaranteed to be as specified.All work to be completed in a workmanlike
manner according to standard practices.Any alteration or deviation from above specifica- AuthOriie I
tions involving extra costs will be executed only upon written orders,and will become an Signature
extra charge over and above the estimate.All agreements contingent upon strikes,accidents
or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Note:This proposal may be
Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days.
r
Wr�e of 11raposal—The above prices, specifications
s are satisfactory and are hereby accepted. You are authorized Signature
k as specified.Payment will be made as outlined above. 135
ptance: Signature
FORM 118-7 COPYRIGHT 1960 -NEW ENGLAND 9USINESS SERVICE.INC..TOWNSEND•MASS.01460
,
• Board Action:
s, CLAIM Feb . 7, 1984
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or ) NO►1'E Ta CLADPM
District governed by the Board ) The copy of this t mai ed to you is your
of Supervisors, Routing Endorse- ) notice of the action taken on your claim by
ments, and Board Action. (All ) the Board of Supervisors (Paragraph III, below) ,
Section references are to California ) given pursuant to Government Code Section 913 &
Government Codes. ) 915.4. Please note all "Warnings".
Claimant: State Farm Mutual Automobile Ins . Co . (Robert Hest�l)ty G UnSel
333 Civic Drive
Attorney: Pleasant Hill, CA. 94523 `JAN 0 4 '1984
Address: MarCA 94553
tinet,
Amount: Unspecified By delivery to Clerk on
Date Received: January 3, 1984 By mail, postmarked on December 30, ' 1983
I. FF4Y4: Clerk of tl�e Board of Supervisors To: County Counsel
Attached is a copy of the above-noted Claim
DATED: January 3, 1984J.R. OISSONJ, Clerk, By kitvo Deputy
e en P . Marino
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 Damply 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. F CM: Clerk of the Board To: (1) County unsel, (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 Boards Order entered in its
minutes for this date. '
DATED: FEB 0 7 1,9M. J.R. MSSON, Clerk, By P4Wtq Deputy
VGING (Govt. C. §913)
Subject to certain exceptionss, 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 any 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: FEB p 7 ltiq J.R. OLSSON, Clerk, By c�,c� a. Deputy
VI. FR14: 1 County Counsel, (2) County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Claim and Board Order.
DATED: County Counsel, By
County Administrator, .By
CIAItd
STATE FARM
INSURANCE
• 6
State Farm Mutual Automobile Insurance Company
December 30, 1983
tND®RSED 333 Civic Drive
V 'off Taylor Boulevard"
CONTRA COSTA COUNTY Pleasant Hill,California 94523
CLERK - BOARD OF SUPERVISORS RECEIVED ail: P.O. Box 4011 oncord, Californniaia
94524
651 Pine Street
hone: 687-7600
Martinez, California 94553
itli- S 1984
J. R. OMON
CLERK BOARD
,,OF SUPERVISORS
RE: OUR INSURED : HESTER, Robert B `.,1 {` :....TA CO..-De
OUR CLAIM # : 05 1206 005
DATE OF LOSS: December 8, 1983
Dear Sir:
We are the insurance company for Robert Hester who resides at 1555 Ventura
Drive, Pittsburg, California. Under his policy, we have the right to
pursue subrogation for any benefits we pay for damages to his vehicle and
for his $100.00 deductible. This letter will serve to put you on notice of
our subrogation claim. We will advise you of the exact amount when it has
been determined.
This accident occurred on December 8, 1983, at 6:50 A.M. , at the
intersection of Loveridge Road and the Pittsburg-Antioch Highway in an
unincorporated area of Contra Costa County. Deputy Sheriff Cunningham,
#39126, of the Contra Costa County Sheriffs Department, was directing
traffic. Mr. Hester, the driver of a 1965 Plymouth and Patsy Jaime, the
driver of the 1976 GMC Truck were travelling northbound on Loveridge Road.
They had stopped for a flashing red light. Deputy Sheriff Cunningham waved
them through when it was unsafe and a collision occurred between Ms.
Jaime's vehicle and A.R.A. Transporation Company van driven by Brenda
Nies. The Jaime vehicle then collided with Mr. Hester's vehicle.
Due to the negligence of Deputy Cunningham, this accident occurred.
Therefore, we will look to Contra Costa County for reimbursement of any
benefits we pay.
Please forward all communication with the above claim number-on it to the
undersigned at P.O. Box 4011, Concord, California, 94524.
Very truly yours,
CHRISTINE BUYS
Claim Representative
CB/kyk
(B,B08)
137
HOME OFFICE: BLOOMINGTON, ILLINOIS 61 701
Board Action:
Feb . 7, 1984
r' CLAIM
BOARD OF SUPERVISORS OF CON"_'RA COSTA COUNTY, CALIFORNIA
Claim Against the County, or ) NOTE TO CIADPM
District governed by the Board ) The copy of this t mai ed to you is your
of Supervisors, Routing Endorse- ) notice of the action taken on your claim by
rents, and Board Action. (All ) the Board of Supervisors (Paragraph III, below) ,
Section references are to California ) given pursuant to Government Code Section 913 &
Governanent Codes. ) . 915.4. Please note all "Warnings".
County Counsel
Claimant: Pacific Gas & Electric Co. , ( Steven R. Cunha) JAN 0 5 1984
Attorney: Charles T. Van Deusen, Robert Bordon, Juan Martin JayQ,artinez, CA 94553
M
Address: P.O . Box 7442, San Francisco, CA 94120
Amount: Unspecified By delivery to Clerk on
Date Received, January 5, 1984 By mail, postmarked on' Jan. 3, 19
I. MY4: Clerk of t`2e Board of Supervisors To: County Counsel
Attached is a copy of the above-noted Claim.
DA Jan. 5, 1984 J.R. OLSSON, Clerk, By , Deputy
e en P. Marino
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 cmiply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8), j
( ) 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: �—�2�� , BY: Deputy County Counsel
III. FROM: Clerk of the Board To: (1) Countyel, (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: FEB 0 71984 J.R. OLSSON, Clerk, By , Deputy
WARNING (Govt. C. §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 any 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 sent a late claim was
mailed to claimant.
DATED: f t tf 0 71984 J.R. OLSMN, Clerk, By Deputy
VI. FML: 1 County Counsel, (2) County Administrator 70: Clerk of the Board
of Supervisors
Received copies of this Claim and Board Order.
DATED: County Counsel, By
County Administrator, By
CIAI4 138
•
1 CHARLES T. VAN DEUSEN RECEIVED
ROBERT BORDON
. 2 -JUAN MARTIN' JAYO
P. O. Box 7442
3 'San Francisco, CA 94120 JAN S 1984
:415-781-4211 ext. 2078
J. IL OLSM
t ZRK BOARD OF SUPERNISM
RA a cam. -
.5 Attorneys for Defendant
PACIFIC GAS AND ELECTRIC COMPANY .
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF CONTRA COSTA
10
11 STEVEN R. CUNHA, No. 815875
12 Plaintiff, CLAIM FOR APPORTIONMENT
OF FAULT, INDEMNIFICATION
13 V. AND DECLARATORY RELIEF
PACIFIC GAS AND ELECTRIC
• 14 -
COMPANY, et al. ,
15
Defendants.
16 /
17 AND RELATED CROSS-ACTION.
18 ,
19 TO: BOARD OF SUPERVISORS
20 YOU ARE HEREBY NOTIFIED that PACIFIC GAS AND ELECTRIC
21 COMPANY ("PGandE") , whose address is 77 Beale Street, P. 0. Box_
22 7442, San Francisco, CA 94120, claims damages against the COUNTY
23 OF CONTRA COSTA in an amount as yet to be determined.
24 This claim is based on personal injuries allegedly ,.
.25 sustained by STEVEN R. CUNHA I*Cunha") on_ or about .November 29,
26 1982, for which he has brought suit .-against the County of Contra
. X39
1 Costa, the State of California, PGandE and others, in Contra
2 Costa County Superior Court No. 252238.
3 According to the complaint, Cunha was driving on a :
4 portion of highway under the jurisdiction of the County of Contra
5 Costa when he drove off the road and collided with a utility
6 pole. Plaintiff claims to have suffered personal injuries as a
7 result of that accident, for which he seeks relief from the
8 County of Contra Costa, the State of California, PGandE and '
9 others.
10 PLEASE TARE NOTICE that PGandE hereby asserts its 'right
11 to total and/or partial indemnity from the County of Contra Costa
12 for all costs and damages arising out of the action brought b'
13 Cunha, along with costs and attorneys' fees.
.14 All notices and other communications with regard to
15 this claim should be sent to claimant in care of its undersigned
16 attorney at the address listed above.
17 I declare under penalty of perjury that I am the
18 attorney for the claimant above named; that to the best of my ,.; :
19 knowledge, information and belief, the information contained in
20 the above claim is true and correct.
21 Executed this 22th day of December, 1983, at 'San . .,. .`
22 Francisco, California.
23 CHARLES T. VAN DEUSEN
ROBERT BORDON
24 JUAN MARTIN' JAYO
7
25
26 By.
t UAN MAIC;N 48W
Attor eys for Defendant PACIFIC
GAS .AND ELECTRIC COMPANY
-
PROOF OF SERVICE BY MAIL
(C.C.P, Secs. 1013x(1) and 2015.5)
I, the undersigned, state that I am a -citizen :of''the United
States and employed in the City and County of San Francisco; that.°I:..:;' {.`
am over -the age of eighteen (18) years and not a party to the .within," ..],
cause; that my business address is ?T Beale Street, . San Francisco,
California 94106; and that on the date set out below I deposited a
. , true copy of the attached
CLAIM FOR- APPORTIONMENT OF FAULT, INDEMNIFICATION
AND DECLARATORY RELIEF
sealed in envelope(s) with postage thereon fully prepaid in a mailbox '
regularly maintained by the Government of the United States in the .
said City and County, addressed as follows:
Board of Supervisors
County Administrative Bldg.
651 Pine Street
Martinez, CA 94553
I declsre under penalty of perjury that the foregoing is true
'
..and correct. :.Executed at ?T Beale Street, Fan Francisco,, California;
on :January 3, 1984 . . .
" ' . :ARLENE LINDSEY141
Board Action:
�AINFeb. '�, 1984
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or ) IST; TO CIADPM
District governed by the Board ) The copy of this d0cMent mai to you is your
of Supervisors, F uting Endorse- ) notice of the action taken on your claim by
ments, and Board Action. (All ) the Board of Supervisors (Paragraph III, below) ,
Section references are to California ) given pursuant to G verrment Code Section 913 &
Government Codes. ) 915.4. Please note all "Warnings".
County Counsel
Claimant: Conrad Yates JAN 12 1984
Attorney: John E. H a a p a l a Martinez, CA 94553
Address: Charles-J . Maguire , Jr.
2030 Franklin St. , Oakland, CA 94612 .
Amount: $300, 000 t o $500, 000 . By delivery to Clerk on
Date Feceived: "January 9, 1984 By mail, poStnarked on J A n 8 , 1:984
I. FR74: Clerk of the Board of Supervisors To: County Counsel
Attached is a copy of the above-noted Claim.
Dip: January 9, 1984 J.R. CLSM1, Clerk, By , Deputy
e�enP . Marino
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
( ---4) Thi claim ca>plies subs tially with Sections 910 and 910.2�� cL s s we d
me
( ) This Claim FAILS to compl substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
('g( ) Claim is not timely filed Clerk should return claim on ground that it was filed
late and send 7nin of claimant's right to apply for leave_ to present a late
(Section 911.3�. e 1 ;4� &d 4 I� �obi ✓n�e,4 I�a.K axe e ci v
c l a.,w. ei aww� rs+ d . �v tiu,. o,: �e �h3 u'�c� 'rv`c , tot,
( ) Other: s o,, 4D f (� - lam
DATm: BY: , Deputy County el
III. FROM: Clerk of the Bound Tb: (1) County Counsel 2) County Administrator
(?( ) Claim was returned as untimely with notice to claimant (Section 911.3) .
IV. BOARD Ott By unanimous vote of Supervisors -present
( ) This claim is rejected in full.
(x)) Oar: Portion of original claim not previously returned as untimely
is rejd'Ceo in T
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date. \,,
Ic-
Dated: February 7, 1984j. R. CESSQQ, Clerk, By`�icp X Deputy Clerk
MXgIW (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6) months frau the date this
notice was personally served or deposited in the mail to file a court action on this
claim. See Goverment Code Section 945.6.
You may seek the advice of an attorney of your choice in c=wctian with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a mend 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
tq claimant.
DATED 7 1 q J. R. CLSSSON, Clerk, By � Deputy Clerk
cc: County Administrator (1) County Counsel (2)
CLAIM 142
J
1 JOHN E. HAAPALA
CHARLES J. MAGUIRE, JR.
2 VAN DE POEL, STRICKLAND & HAAPALA RECEIVED
2030 Franklin Street, Fifth Floor
3 Oakland, CA 94612
4 Telephone: (415 ) 763-2324 JAN a ��V-4
Attorneys for Claimant J. R. OLSSON
5 CONRAD YATES CLERK BOARD OF SUPERVISORS
>CONTRA?STA CO.
6 B .` ?. Vs�-.-..- •a4 '-.Depu
7
8 CLAIM AGAINST CONTRA COSTA COUNTY DEPARTMENT OF PUBLIC WORKS
9 TO: CONTRA COSTA COUNTY DEPARTMENT OF PUBLIC WORKS
651 Pine Street, 6th. Floor
10 Martinez, CA 94553
a 11 'l. The claimant ' s name is CONRAD YATES
J
Q
a 12 2 . It is requested that notices be sent to claimant
13 in care of VAN DE POEL, STRICKLAND & HAAPALA 2030 Franklin
a
gQ(noa: Q
Zoo" 14 Street, Fifth Floor, Oakland, California 94612 to the attention
WZxa �
z LL LL o^ 15 of John E. Haapala.
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Q " 0 16 3 . The date, place and circumstance of the occurrence
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a 17 or the transaction that gave rise to this claim are as
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> 18
follows :
19 Claimant is a home owner whose residence is located
20 at 3820 Quail Ridge, Lafayette, Califoria 94549 (Lot 20,
21 Subdivision 33141 ) . Claimant' s home is located . uphill
22 from Happy Valley Estates in Lafayette, California (Lots 1-14 ,
23 Subdivision 4747 ) . Claimant purchased his property in
24 1971. The downhill property, at Happy Valley Estates,
25 was developed in 1977.
26 On a date presently unkown to claimant, the CONTRA
27 COSTA COUNTY DEPARTMENT OF PUBLIC WORKS accepted a sanitary
28 sewage. and storm drainage system_ runnin ' through Tract 3314
14
1 and more particularly on claimant's property at 3820 Quail
2 Ridge (Lot 20, Subdivision 3314 ) . iCONTRA COSTA COUNTY
I
3 DEPARTMENT OF PUBLIC WORKS, since the time mentioned above,.
4 has been responsible for the. inspection, maintenance and
5 control of the sanitary and storm sewer system.
6 Claimant believes that during 1977 , the .CONTRA COSTA
7 COUNTY DEPARTMENT OF PUBLIC WORKS, Contra Costa County
8 Department of Public Works, East Bay Municpal Utilities
9 District, City of Lafayette, the County of Contra Costa
10 and the Contra Costa County Central -Sanitary District,
a 11 accepted, approved, certified and inspected the sanitary
J
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CL 12 and storm drainage system located on the downhill property
3� 13 of Happy Valley Estates (Lots 1-14 , Lot "A" Subdivision
o5w
gQU)o¢ 14
Y �zoo� 4747 ) .
U w Z x a 6
z< LL - 15 On September 5 , 1983 claimant was served with a cross-
0 LL LL
OZO a
o Q " 16 complaint for indemnity by the Happy Valley Estates Homeowners
a °
0 17 Association. The cross-complaint was filed on August 12,
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18
1983 in the case entitled The Cork Harbor Company v. J. Arthur
19 White Corporation, et al. , Case No. 224 922 , Superior Court
20 of California in Contra 'Costa County. The cross-complaint
21 alleges that the uphill landowners (including claimant
22 in Subdivision 3314 ) negligently maintained their property
23 so as to allow water to drain from their property downhill
24 toward Happy Valley Estates (Subdivision 4747 ) . - The cross-
25 complaint also alleges that the .City of Lafayette and -the
26 County of Contra Costa negligently approved, certified
27 and inspected the sanitary sewer and storm drainage system
28 at Happy Valley Estates, (Subdivision 4747 ) .
144
-2-
1 On October 28 , 1983 claimant was served by mail with
2 a cross-complaint for endimnity and damages by David Hicks
3 and Ann Hicks. The cross-complaint was filed on September 19,
4 1983 in the case entitled The Cork Harbor Company v. J. Arthur
5 White Corporation, ,et al. ; Case No. 224 922 , Superior Court
6 of California in Contra Costa County. The cross-complaint
7 alleges similar allegations as outlined. in the preceding .
8 paragraph. Hick' s cross-complaint also seeks affirmative
9 relief by way of damages because of property damages caused
10 by land slippage on April 7 , 1983. Hick' s cross-complaint
a 11 alleges that the CONTRA COSTA COUNTY DEPARTMENT OF PUBLIC
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12 WORKS negligently and carelessly approved, certified, inspected,
13 and otherwise condoned the construction, design, soil tests,
ogw Q
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x c)z 14 installation of drainage materials, foundation work, and
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W ccLLLLZ� 15 other construction to the real property belonging to the
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a a o 16 Hicks and the whole of Subdivision 4747 . Property damage
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a 17 was sustained by the Hicks and various. other persons or
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18
parties to the Cork Harbor litigation. Claimant is informed
19 and believes that if the water drainage system running
20 through his property to the downhill property caused any .
21 damage to Happy Valley Estates or to the Hicks ' , then the
22 failure of the CONTRA COSTA COUNTY DEPARTMENT OF PUBLIC
23 WORKS to inspect, maintain and control the storm drainage
24 pipe running through his property was a proximate cause
25 of land slides ..and earth movement which took place on both
26 claimant' s and Happy Valley Estates ' property. Further,
27 if the preparation, construction and installation of drainage
28 piping and sewers at Happy Valley Estates (Subdivision 4747 )
145
-3-
1 caused or contributed to land slides and other movement,
2 then claimant is informed and believes that the CONTRA
3 COSTA COUNTY DEPARTMENT OF_ PUBLIC WORKS was negligent in
4 design, preparation, installation, and maintenance of -that
5 drainage system and proximately caused the damages to Happy
6 Valley Estates and to the Hicks .
7 Claimant' s property and the vegetation thereon was
8 damaged by subsidence, landslides, excavation and cutting
9 away which occurred before, on and after August 19 , 1983 .
10 As a consequence of the above, claimant has been sued for
Q 11 damages and has incurred attorneys ' fees. These damages
Q I
1 12 were caused by the acts and omissions of the CONTRA COSTA
13 COUNTY DEPARTMENT OF PUBLIC WORKS described above.
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4 . The employees of the CONTRA COSTA COUNTY DEPARTMENT
� wZr<
nzLLLLo" 15 OF PUBLIC WORKS involved in the inspection, maintainence
0;
0 16 and control of the drainage system on the uphill property
L
17 are unknown and those participating in the inspection,
s
18 maintenance and approval of the downhill drainage system
19 are unknown.
20 5. Claimant' s injury is 1 ) potential liability for
21 damages caused by a landslide and earth movement and repairs
22 necessitated thereby 2 ) monetary damages for loss of his
23 property which was excavated, .cutaway...and for the loss
24 of support of claimant' s residence, and 3 ) payment of, ,attorneys'
25 fees.
26 6 . Claimant' s claim as of this date is for indemnity,
27 monetary damages ofan unknown amount for inverse condemnation
28 of claimant' s property, attorneys ' .fees and the costs of
14
-4-
1 defense of this action. The amount of indemnity sought
2 cannot be determined at this time although The Cork Harbor.
3 Company and Happy Valley Estates Homeowners Association
4 estimate the cost of repair presently to their property .
5 at $300, 000 to $500, 000 and may cost more before repairs ...
6 are completed.
7 DATED: January 5, 1984
8 VAN DE POEL, STRICKLAND & HAAPALA
9
10 By
CHARLE J. UIRE, R.
a 11 Attorneys f&jj Claimant
CONRAD YATES
a 12
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-5- 147
M
1 CERTIFICATE OF MAILING
2 I , the undersigned, declare under penalty of perjury:
3 That I am a citizen of the United States, over the age of
4 18 and not a party to the within cause or proceeding; that I am
5 an employee of VAN DE POEL, STRICKLAND &' HAAPALA, and my business
6 address is 2030 Franklin Street, Fifth Floor, Oakland,
7 CA 94612; that I served a true copy of the attached:
8 CLAIM AGAINST CONTRA COSTA COUNTY DEPARTMENT OF PUBLIC .WORKS
9 by placing said copy in an envelope addressed to:
10 CONTRA COSTA COUNTY DEPARTMENT OF PUBLIC WORKS
651 Pine Street, 6th Floor
J 11 Martinez, CA 94553
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20 which envelope was then .sealed and postage fully prepaid thereon,
21 and thereafter , on the date set forth below deposited in the
22 United States mail at Oakland, California. (That there is
23 delivery service by United States mail at the place so addressed,
. 24 or regular communication by United .States mail between the . place
25 ' of mailing and the place so addressed. )
26 Executed at Oakland, California , this 5th day of January
27 198 4
. 28
DAVELYNN` LIEBIG
14
Board Action:
. .._. . _. . .. _
• . SUPPLEMENTAL CLAIM Feb . 7, 1984
BOARD OF SUPERVISORS OF COW-RA COSTA COUNTY, CALIFORNIA
Claim Against the County, or ) NOTE TO CLADYM
District governed by the Board ) The copy of this document Riled to you is your
of Supervisors, Pouting Endorse- ) notice of the action taken on your claim by
vents, and Board Action. (All ) the Board of Supervisors (Paragraph III, below) ,
Section references are to California ) given pursuant to Government Code Section 913 &
Goverrmient Codes. ) 915.4. Please note all "Warnings%
Claimant: Conrad Yates County Counsel
Attorney: John E. Haapala JAN 0 6 1984
Charles J . Maguire, Jr.
Address: 2030 Franklin St . , 5th Floor Martinet. CA 94553
Amount: $38516bBdtoCg084866 By delivery to Clerk on
Date Received: January 6, 194 By mail, postmarked on Jan. 8, 1984
1. FW4: Clerk of Lhe Board of Supervisors To: County Counsel
Attached is a copy of the above-noted Claim. _
QED: Jan. 6, 1984 J.R. OI.SSO[4, Clerk, By Deputy
Helen P. Marino
II. FROM: County Counsel 70: 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 Tb: (1) County Counsel, (2) Ccnmty 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 cern thatthis is a true and correct copy o Boards Order entered in its
minutes for this date.
FEB 0 71984
DATED: J.R. CT.SSON, Clerk, By, , Deputy
SING (Govt. C. 5913)
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 any 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: 117 County Counsel, 2) County Administrator
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: FEB 0 71984
J.R. O1.SS0N, Clerk, By Deputy
VI. FROM: County Counsel,, 2 County Administrator TC): Clerk of the Board
of Supervisors
Received copies of this Claim and Board Order.
DATED: County Counsel, By
County Administrator, By
CLAn4 149
1 JOHN E. HAAPALA
CHARLES J. MAGUIRE, JR.
2 VAN DE POEL, STRICKLAND & HAAPALA
2030' Franklin Street, Fifth Floor
3 Oakland, CA 94612 RECEIVED
Telephone: ( 415 ) 763-2324
4
Attorneys for Claimant JAN � �
5 CONRAD YATES
J. R. OLSSON
6 CLERK BOARD OF SUPERVISORS
t CONIRA CQSTA CO.
t�{ctpu
7
ty
8 SUPPLEMENTAL CLAIM AGAINST COUNTY OF CONTRA COSTA
9 TO: COUNTY OF CONTRA COSTA
Clerk of the Board of Supervisors
10 651 Pine Street, First Floor
Martinez , CA 94553
a 11
a COUNTY COUNSEL ATTORNEYS OFFICE
a. 12 651 Pine Street, First Floor
Martinez, CA 94553
3� 13
ZgW 1. The claimant ' s name is CONRAD YATES.
ZSQ�oZ 14
Se (0
UWZX<A
a: ZaLL�^ 15 2. It is requested that notices be sent to claimant
� a: cr
Oo < in care of VAN DE POEL, STRICKLAND & HAAPALA, 2030 Franklin
WQN < 16
o <
O
w Street, Fifth Floor, Oakland, California 94612 to the attention
0 17
of John E. Haapala.
18
19 3. The date, place and circumstance of the occurrence
20 or the transaction that gave rise to this claim are as
follows :
21
22 Claimant incorporates the claim presented to the COUNTY
23 OF CONTRA COSTA on October 18 , 1983 and attached as Exhibit 1.
24 Claimant supplements the October 18 , 1983 claim for indemnity
25 and damages for inverse condemnation to include a claim
26 for indemnity and further damages for inverse condemnation
27 arising from the service of a cross-complaint by mail on
28 October 28, 1983 entitled David Hicks and Ann Hicks v. The
15)0
1 Cork Harbor Company, et al. , Case Number 224922, Superior
2 Court of California in Contra Costa County. The cross-complaint
3 of David Hicks and Ann Hicks alleges that claimant must
4 indemnify cross-complainants for any judgment against the -
5 Hicks in favor of any party to the Cork Harbor litigation.
6 The cross-complaint .of David Hicks and Ann Hicks also requests
7 affirmative relief by way of damages against claimant for
8 claimant' s alleged negligence and alleged nuisance in the
9 maintenance of . claimant ' s property so as to cause property
10 damage sustained to the Hicks ' property on April 7, 1983
J 11 as a result of earth slippage. The Hicks allege that they
a
0. 12 are homeowners within subdivision 4747 located in or near
13
W the City of Lafayette in Contra Costa County.
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Ycn2O°-� Claimants injury and claim are the same as stated
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coooLLLLz 15 in his claim of .October 18 , 1983 except that in addition
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a
18
also be held liable for the injuries and damages in the
19 property of David Hicks and Ann Hicks .
20 DATED: January 5 , 1984
21 VAN DE POEL, STRICKLAND & HAAPALA
22
1
23 B Y
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24 (fHARIAI J. DIRE, J .
Attorneys�_fqlr Cl ' ant
25 CONRAD YA
26
27
28
-2- 151
I JOHN E. HAAPALA
CHARLES J. MAGUIRE, JR.
2 VAN DE POEL, STRICRLAND & HAAPALA
2030 Franklin Street
3 Fifth Floor
Oakland, CA 94612
4 -
Attorneys for Claimant
5 CONRAD YATES
6
7
8 CLAIM AGAINST COUNTY OF CONTRA COSTA
9 TO: COUNTY OF CONTRA COSTA
Clerk Of The Board Of Supervisors
10 651 Pine Street, First Floor
Martinez, CA 94553
c 11
COUNTY COUNSEL. ATTORNEYS OFFICE
12 651 Pine Street, First Floor .
ti
Martinez, CA 94553
13
fig¢
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i <'01. 14 1. The claimant' s name is CONRAD YATES.
} Y .d A
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z<LLo� 15 2. It is requested that notices be sent to claimant in care
� � LLLLz
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16 of VAN DE POEL, STRICRLAND & HAAPALA, 2030 Franklin Street, Fifth
0
17 Floor, Oakland, California 94612 to the attention of John E.
18 Haapala.
19 3. The date, place and circumstance of the occurrence or
20 the transaction that gave rise to this claim are as follows:
21 Claimant is a home owner whose residence is located at
22 3820 Quail Ridge, Lafayette, California 94549 (Lot 20,
23 Subdivision 3314 ) . Claimant's home is located uphill from Happy
24 Valley Estates in Lafayette, California (Lots 1-14, Subdivision
25 4747) . Claimant purchased his property in 1971. The downhill
26 property, at Happy Valley Estates, was developed in 1977.
27 On a date presently unknown to claimant, the COUNTY OF
28 CONTRA COSTA accepted a sanitary sewage and storm drainage system
EXHIBIT 1
1 running through Tract 3314 and more particularly on claimant' s
2 property at 3820 Quail Ridge (Lot 20, Subdivision 3314) . COUNTY
3 OF CONTRA COSTA, since the time mentioned above, has been respon-
4 sible for the inspection, -maintenance and control of the sanitary
5 and storm sewer system.
6 Claimant believes that during 1977, the COUNTY OF CONTRA
7 COSTA, the City of Lafayette and Contra Costa County Sanitary
8 District, accepted, approved, certified and inspected the sani-
9 tary and storm drainage system located on the downhill property
10 of Happy Valley Estates (Lots 1-14 , Lot "A" Subdivision 4747) .
11 On September 5 , 1983 claimant was served with a cross-
12 complaint for indemnity by the Happy Valley Estates Homeowners
�W 13 Association. The cross-complaint was filed on August 12, 1983 in
QyO¢. 14 the case entitled The Cork Harbor Company v. J. Arthur White
M E 0 0
WIZ<� 15 Corporation, et al. , Case No. 224 922, Superior Court of
Ozo"<�i��
Qs 16 California in Contra Costa County. The cross-complaint alleges
0
17 that the uphill landowners ( including claimant in Subdivision
18 3314) negligently maintained their property so as to allow water
19 to drain from their property downhill toward Happy Valley Estates
20 (Subdivision 4747) . The cross-complaint also alleges that the
21 COUNTY OF CONTRA COSTA and the City of Lafayette negligently
22 approved, certified and inspected the sanitary sewer and storm
23 drainage system at Happy Valley Estates (Subdivision 4747) .
24 Claimant is informed and believes that if water draining fro
25 his property to the downhill property caused any damage to Happy
26 Valley Estates, then the failure of the Contra Costa County
27 Sanitary District to inspect, maintain and control the storm
28 drainage pipe running through his property was a proximate cause
-2-
153
4;C
1 of land slide and earth movement which took place on both
2 claimant' s and Happy Valley Estates property. Further, if the
3 time, prepatation, construction and installation of piping and
4 sewers at Happy Valley Estates (Subdivision 4747) caused or
5 contributed to land slides and other movement, then claimant is
6 informed and believes that the COUNTY OF CONTRA COSTA was negli-
7 gent in design, preparation and installation of the drainage was
8 the proximate cause of the damages.
9 Claimant' s property and the vegetation thereon was damaged
10 by subsidence, landslides, excavation and cutting away which
11 occurred before, on and after August 19, 2983. The damage was
12 caused by the acts and omissions of the COUNTY OF CONTRA COSTA
g~ 13 described above.
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}Y Q O q
z< F-0P 15 the inspection, maintaining and control of the drainage system on
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a8 16 the uphill property are unknown and those participating in the
0
17 inspection and approval of the downhill drainage system are
18 unknown.
19 5. Claimant' s injury is 1) potential liability for damages
20 caused by a landslide and earth movement and repairs necessitated
21 thereby and 2) monetary damages for loss of his property which
22 was excavated, cut away, and which lost the support of claimant' s
23 residence.
24 6. Claimants claim as of this date is for indemnity, mone-
25 tary damages of an unknown amount for inverse condemnation of
26 claimant' s property, attorneys' fees and the costs of defense of
27 this action. The amount of indemnity sought cannot be determined
28 at this time although The Cork Harbor Company and Happy Valley
_3_ 154
1 Estates Homeowners Association estimate the cost of repair pre-
2 sently to their property at $300,000 to $500,000 and may cost
3 more before- repairs are completed.
4
DATED: 1983
_
5
6 VAN DE POEL, STRICKLAND & HAAPALA
By 0 LIA
8 CHARLES/J; MAG E, J$d
Attorneys for C aima
9 CONRAD' YATES
10
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23
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28
-4- 155
1 CERTIFICATE OF MAILING
2 I, the undersigned, declare under penalty of perjury:
3 That I. am a citizen of the United States, over the age of 18
4 and not a party to the within cause or proceeding; that I am an
5 employee of VAN DE POEL, STRICKLAND & HAAPALA, and my business
6 address is 2030 Franklin Street, Fifth Floor, Oakland, CA 94612;
7 that I served a true copy of the attached:
8 CLAIM AGAINST COUNTY OF CONTRA COSTA
9 by placing said copy in an envelope addressed to:
10
COUNTY OF CONTRA COSTA
11 Clerk Of The Board Of Supervisors
651 Pine Street, First Floor
12 Martinez, CA 94553
gW13 COUNTY COUNSEL ATTORNEYS OFFICE
< 651 Pine Street, First Floor
ayoa 14 Martinez, CA 94553
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17
18
19
20 which envelope was then sealed and postage fully prepaid thereon,
21 and thereafter, on the date set forth below deposited in the
22 United States mail at Oakland,- California. (That there is deli-
23 very service by United States mail at the place so addressed, or
24 regular communication by United States mail between the place of
25 mailing and the place so addressed.)
26 Executed at Oakland, California, this 18 day of October,
27 1983.
28 �J
G�
1 CERTIFICATE OF MAILING
2 I , the undersigned, declare under penalty of perjury:
3 -- -That I am a citizen of the United States, over the age of
4 18 .and not a party to the within cause or proceeding; that I am
5 an employee of VAN DE POEL, STRICKLAND & HAAPALA, and my business
6 address is 2030 Franklin Street, Fifth Floor, Oakland,
7 CA 94612; that I served a true copy of the attached:
8 SUPPLEMENTAL CLAIM AGAINST COUNTY OF CONTRA COSTA
9 by placing said copy in an envelope addressed to:
10 COUNTY OF CONTRA COSTA
Clerk of the Board of Supervisors
a 11 651 Pine Street, First Floor
CL Martinez , CA 94553
12
X N COUNTY COUNSEL ATTORNEYS OFFICE
063 w i 13 651 Pine Street, First Floor
Z ga¢Z Martinez , CA 94553
gQmo¢ 14
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19
20 which envelope was then sealed and postage fully prepaid thereon,
21 and thereafter , on the date set forth below deposited in the
22 United States mail at Oakland, California. (That there is
23 delivery service by United States mail at the place so addressed,
24 or regular communication by United States mail between the place
25 of mailing and the place so addressed. )
26 Executed at Oakland, California, this5th day of January
27 198 4.
28 Gl '
DAVELYN LIEBIG
157
APPLICATION TO FILE LATE CLAIM _ /A,
BOARD OF SUPEF.VISORS OF ax TA'CbS'nk CI1(.r�'.y, Tam
_ CTIA /BOARD ACTION
Jx1 1984_
Application to File Late ) NOTE TO APPLICANT `S 7
Clam Against the. County, ) The copy of this docmnent mailed to you is yourT~
Routing Endorsements, and ) notice of the action taken on your application by
Board Action. (All Section ) the Board of Supervisors (parag=raph III, below) ,
references are to California ) given pursuant to Government Code Sections 911.8
Government Code.) ) and 915.4. Please note the "Warning" below.
Claimant: Jerry Borsh Cou* Counsel
Attorney: Morgan & Kolin
JAN 0 6 1984
Address:
436 14th St . , #1105 Martinez. CA 94553
Oakland, CA. 94612
Amount; $50, 000. 00
January 6, 1984 By delivery to Clerk on
Date Received: By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Application to File Late Claim.
January uar y 6 19R. R. OLSSON, Clerk, By L�� .ma`c�a , Deputy. '"ar�zn� ,
II. FRCM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6) .
( The Board should deny this Application to File a Late Claim (Section 911.6) .
DATED: _ JOHN B. CLAUSEN, County Counsel, By / , Deputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6) .
( X) This Application to File Late Claim is denied (Section 911.6) .
` I certify that this is a true and correct copy of the Board's Order entered in
its minutes for this date.
DATED: FEB 0 7 1984 J. R. OISsoN, Clerk, By „� 7 z� Deputy
wUNMG (Gov It.C. §911.8)
If you wish to file a court action on this matter, you must first
petition the appropriate court for an order relieving you frcan the
provisions of Government Code Section 945.4 (claims presentation re-
quirement) . See Government Code Section 946.6. Such petition must be
filed with the court within six (6) months from the date your applica-
tion for leave to present a late claim was denied.
You may seek the advice of any attorney of your choice in connec-
tion with this matter. If you want to consult an attorney, you should
do so immediately.
IV. FRDM: Clerk of the Board TO: 1 County Counsel, 2 County Administrator
We notified the applicant
of the Board's action on this Application 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. /� l
DATED: FFA n n took �. R. OISSON, Clerk, By & ! , ) V(/X-�LLu�c� . Deputy
VII
V. FROM: 1 County Counsel, 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By ;
County Administrator, By
158
APPLICATION TO FILE LATE CLAIM
• Y ,
1 MORGAN & KOLIN
2 Attorneys at Law ------�
436 14th Street #1105 RECEIVED
3 Oakland, CA 94612
4 Telephone: 832-5577 I ••
P ��i� i]84
5
J. R. OLSSON
6 CLERK BOARRRIID�� OF SUPERVISORS
!.!COSTA�k3 6i a CO..De
8
9
10
11 In the Matter of
the Claim of:
12
13 JERRY BORSH APPLICATION FOR LEAVE TO PRESENT
14 against LATE TORT CLAIM (Gov. C. §911.4)
15
16 COUNTY OF CONTRA COSTA,
17
18 TO: COUNTY OF CONTRA COSTA:
19
40 1. Application is hereby made for laave to present late
41 claim under Section 911. 4 of the Government Code. The claim is
22 founded on a cause of action for injuries , which accrued January 28,
23 1983, and for which a claim was not timely presented. For additional
24 circumstances relating to the cause of action, reference is made to
25 the proposed claim attached hereto as Exhibit A and made a part
26 hereof.
47 2. The reason for the delay in presenting this claim is
28 the mistake, inadvertence, surprise and excusable neglect of the
29 claimant' s attorney, DON TENCONI, as more particularly shown in the
30 Declaration of Claimant attached hereto. The County of Contra Costa,
31 State of California is not prejudiced by the failure to timely file
32 the claim as shown by the Declaration of Claimant attached hereto
33 as Exhibit B and made a part hereof.
34 3. This Application is presented within one year of the
35 accrual of the cause of action as shown by the Declaration of Claimant
36 attached hereto as Exhibit B and made a part hereof.
159
I WHEREFORE, it is respectfully requested that this Applica-
2 tion be granted and that the attached claim be received and acted
3 upon in accordance with Sections 911. 4-911. 8 of the Government Code.
4
5 Dated: December 14, 1983
7 MORGAN & KOLIN by WILLIAM M. KOLIN
Attorneys for plaintiff
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
.160
1 MORGAN & KOLIN
2 Attorneys at Law
436 14th Street #1105
3 Oakland, CA 94612
4 Telephone: 832-5577
5
6
7
8
9
10
11 In the Matter of
12 the Claim of:
13 JERRY BORSH
14 against CLAIM AGAINST PUBLIC ENTITY
15
16 COUNTY OF CONTRA COSTA,
17
18 TO: COUNTY OF CONTRA COSTA
19
20 Mr. JERRY BORSH hereby makes a claim against the County
21 of Contra Costa, State of California, for the sum of Fifty Thousand
22 Dollars ($50 ,000. 00) and makes the following statements in support
23 of the claim:
24 1. Claimant' s post office address is 105 Pacific, Rodeo,
25 California 94572
26 2. Notices concerning the claim should be sent to MORGAN
27 & KOLIN, attention WILLIAM M. KOLIN, Attorneys at Law,
28 436 14th Street #1105 , Oakland, CA 94612
29 3. The date and place of the accident giving rise to the
30 claim are: January 28, 1983, at the intersection of
31 Appian Way and Tara Hills Drive in the City of Pinole,
32 County of Contra Costa, State of California.
33 4. The circumstances giving rise to this claim are as
34 follows:
35 On January 28, 1983, plaintiff was diiving on
36 Appian Way and in the process of making a left
turn on to Tara Hills Drive. As a proximate result
EXHIBIT A
lel
1 of the dangerous condition at the intersection,
2 when plaintiff entered the intersection, he was
struck by another vehicle then being driven by
3 - defendant DelaCruz , who moved into plaintiff' s
4 lane or travel due to the lack of proper signs ,
signals and/or markings for verir-les making
5 turns from Appian Way on to
6 5. Claimant' s injuries are: soft tissue and nerve damage
7 injuries to his legs.
8 6. The claim as of the date of this claim is $50 ,000. 00.
9 7 . The names of the public employees causing the claimant'
10 injuries are unknown.
11 8. The basis of computation of the above amount is .as
12 follows :
13 Medical expenses to date $ 6,000. 00
14 Medical expenses-future unknown
15 Lost wages unknown
16 General damages 44 ,000. 00
17 Total $50 ,000. 00
18
19 Dated: December 14, 1983
20 (/
21 MORGAN & KOLIN y WILLIAM M. KOLIN
Attorneys for Plaintiff/claimant
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
1 MORGAN & KOLIN
2 Attorneys at Law
436 14th Street #1105
3 Oakland, CA 9-4612
4 Telephone: 832-5577
5
6
7
8
9
10
11 In the Matter of
12 the Claim of
13 JERRY BORSH
14 against DECLARATION OF JERRY BORSH
15
16 COUNTY OF CONTRA COSTA
/
17
18 I , JERRY BORSH,, declare as follows:
19 1. I am the claimant in the matter of "In the Matter of
20 the Claim of JERRY BORSH against the COUNTY OF CONTRA COSTA" . I
21 live at 105 Pacific, Rodeo, California.
22 2. On January 28, 1983, at about 8: 30 p.m. , I was involved
23 in an automobile collision with another car at the intersection of
24 Appian Way and Tara Hills Drive in the City of Pinole, County of
25 Contra Costa, State of California.
26 3. The collision occurred when both vehicles were turning
27 left from ".left turn" lanes from Appian Way on to Tara Hills Drive.
28 The other vehicle crossed into my turn lane and struck the left side
29 of my car causing it to slam into the curb. There were no signs or
30 signals indicating the existence of separate turn lanes except for
31 faint and faded road lines painted on the roadway which are not
32 visible at night.
33 4. Although I informed my prior attorney, Mr. Tenconi, of
34 Oakland, California, of a possible cause of action against the City
35 of Pinole, California, and/or the County of Contra Costa, California,
36 Mr. Tenconi failed to file an administrative claim with either of
EXHIBIT B 16 3
1 these two governmental entities within one hundred (100) days after
2 the collision or at any time thereafter.
3 5. ' On December 8, 1983, I fired Mr. Tenconi as my attorney
4 and hired the firm of MORGAN & KOLIN. It was not until this time
5 that an Application for Filing a Late Claim was prepared.
6 6. Had I, personally, known of the 100-day time limit to
7 file a claim, or if my prior attorney had informed me, I would have
8 filed the claim in time.
9 7. The governmental entities involved in the claim are
10 not prejudiced because the dangerous condition in the intersection
11 has not changed since January 28, 1983, and all witnesses are still
12 available for purposes of discovery.
13 I declare under penalty of perjury that the foregoing is
14 true and correct. Executed on December 14, 1983, at Oakland, CA.
15
16
17
18 J RY B H
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
lb4
1 CERTIFICATE OF MAILING
2 "
3 I , the undersigned, declare under penalty of perjury:
4 I an a citizen of the United State, over the age of
5 18 years , and not a party to the within cause or proceeding. My
6 business address is 436 14th Street #1105, Oakland, CA 94612.
7 On the date set forth below, I served a true copy of
8 Application for Leave to Present Late Tort Claim, Claim Against
9 Public Entity and Declaration of Jerry Borsh
10 by depositing said copy in the United States mail, in Oakland,
11 California, in a sealed envelope, postage prepaid, addressed to:
12
13
14 Clerk of the Board of Supervisors
15 of Contra Costa County
651 Pine Street
16 Martinez , California
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31At said time there was regular delivery of the United
32 States mail between said places of deposit and address .
33 Executed at Oakland, California, on. January 4, 1984 "*
34
35
36
65
APPLICATION TO FILE LATE CLAI)d J! �
•° � BOARD OF SOPEFVISORS OF cmm CommCOU1'^SC, CAT 'OitNIA BOARD ACTION
Feb. 7, 1984
lication to File Late ) NOTE TO APPLIChNT
Against the County, ) The copy of this document mai. to you is your
FlWing Endorsements, and ) notice of the action taken on your application by
Board Action. (All Section ) the Board of Supervisors (Paragraph III, below) ,
references are to California ) given pursuant to Government Code Sections 911.8
Government Code.) ) and 915.4. Please note the "Warning" below.
Claimant: Donna M. Hall Comty Counsel
Attorney Capps, Staples, Ward, Hastings & Dodson JAN 0 6 1964
1280 Boulevard Way, Suite 204 CA 94553
Address:. :: �- Martinez.
:. P.O. Box 5607, Walnut Creek, CA. 94596
Atmunt: g,277.50 Viz J.R. Olsson Office
By delivery to Clerk on J an. 5, 19 8 4
Date Received: January 5, 1984 By mail, postmarked on
I. FROM: Clerk of EFe Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Appli tion to Pi a Late Claim.
DAs: Jan. 5, 1984 J. R. CLSSON, Clerk, By , Deputy
Helen -FLho
II. FROM: County Counsel Tlx: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6) .
( ) The Board should deny this Application to File a Late Claim (Section 911.6) .
DATED: B. MV)SEN, County Counsel, By �L , Deputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6) .
(� ) Zhis Application to File Late Claim is denied (Section 911.6) .
I certify that this is a true and correct eolyy of the Board's Order entered in
its minutes for this date.
DATED: FEB.�T�Q�Q� J. R. CISSON, Clerk, By� �/ „[ / �,� �,L,� . Deputy
WARIlJG (Gov't.C. 5911.8)
If you wish to file a court action on this matter, you must first
petition the appropriate court for an order relieving you from the
provisions of Government Code Section 945.4 (claims presentation re-
quirement) . See Government Code Section 946.6. Such petition must be
filed with the court within six (6) months from the date your applica-
tion for leave to present a late claim was denied.
You may seek the advice of any attorney of your choice in oonnec
tion with this matter. If you want to consult an attorney, you should
do so imrediatel .
IV. FROM: Clerk of the Board TO: County counsel, County ]�i trator
Attached are copies of the above Application. . We notified the applicant
of the Board's action on this Application by mailing a copy of this document,
and a mems thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
mm: FEB n 'x..1984 i. R. awsoN, Clerk, By . Deputy
V. mm: 1 County Counsel, 2 County Administrator TO: Clerk of the Hoard
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County A&dnistrator, By
�. 66
APPLICATION TO FILE LATE CLAIM
r
1
1 CAPPS, STAPLES, WARD, HASTINGS & DODSON C E I VE D
A Professional Corporation
2 1280 Boulevard Way, Suite 204
3 Post Office Box 5607 JAN -
Walnut Creek, CA 94596 X 194
'-
4 (415) 939-4411
$ CLERK BOARD OF SUPERVISORS
ONTRA ATA CO-
. 6 Attorneys for Defendant, a ' ���"7 .De
7 STONE INTERNATIONAL, INC.
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
9
10 DONNA M. HALL, )
11
12 Plaintiff, ) CASE NO. 207 .476
13 )
VS. ) APPLICATION FOR LEAVE TO
14 ) PRESENT A LATE CLAIM
15 .3600 MT. DIABLO BOULEVARD, INCOR- ) Government Code §911..4
PORATED, a California corporation, )
16 et al. , )
17 )
18 Defendants. )
19 )
AND RELATED CROSS-ACTION. )
20
41 TO THE CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA
22 COSTA:
23 YOU ARE HEREBY NOTIFIED that STONE INTERNATIONAL, INC. , presents
24 the following application for leave to present a late claim against
25 the COUNTY OF CONTRA COSTA under §911.4 of the Government Code.
26 1. Name and address of claimant: STONE INTERNATIONAL, INC. ,
27 c/o CAPPS, STAPLES, WARD, HASTINGS & DODSON, Post Office Box 5607,
28 Walnut Creek, California, 94596. All notices should be sent to the
29 above law offices.
.30 2. Nature of the claim: This claim is for indemnity, arising
31 out of an action filed by DONNA M. HALL in the Superior Court of
32 California, County of Contra Costa, Action No. 207 47.6. A copy of
33 said Claim is attached hereto as EXHIBIT"A" .
34 3 . Basis of the application: Plaintiff, DONNA M. HALL, filed
35 her Complaint on February 1, 1980. Prior to that date, on or about
36 July 1, 1979, the sole shareholder of .STONE INTERNATIONAL, INC. ,
LAW O"ICES OF
CAPPS, STAPLES,
WARD sl HASTINGS 167
A PROFESSIONAL - -
CORPORATION
P. O. BOX 8607 -
YVALNI T CREEK,CA 94596 -C495)939-4411 989-4411
1 Michiomi Ishizaka, died in Las Vegas, Nevada.
2 Subsequently, the insuror for STONE INTERNATIONAL, INC. ,
3 retained the above law firm to represent STONE INTERNATIONAL, ;INC. ,
4 in the action filed by DONNA .M. HALL. An Answertothe Complaint was
5 filed on October 14, 1981.
6 On or about November 15, 1982, STONE INTERNATIONAL,. _ INC. ,
7 propounded a set of Interrogatories to co-defendant, 3.600 MT. DIABLO
8 BOULEVARD, INC. These Interrogatories requested information regard
-
9 ing the possibility of easements or other rights of access over the
10 driveway where the accident occurred.
11 On March 8, 1983, the Superior Court granted the motion of
12 STONE INTERNATIONAL, INC. , to compel answers to these Interrogatories.
13 On or about June 21, 1983, STONE INTERNATIONAL, INC. ,
14 received answers to Interrogatories by 3600 MT. DIABLO BOULEVARD, 'INC.
15 Said answers indicated that easements or rights of access over the
16 driveway where the accident occurred had been granted in favor of the
17 COUNTY OF CONTRA COSTA, among others. Said answers further stated
18 that the actual maintenance of the driveway since 1959 had been
19 accomplished by the COUNTY OF CONTRA COSTA.
20 On .or about July 1, 1983, the attorneys for STONE INTERNA-
21 TIONAL, INC. , filed the attached Claim (EXHIBIT "A") with the COUNTY
22 OF. CONTRA COSTA. Said. Claim was presented within a reasonable time
23 after the possibility of the existence of the easements were deter-
24 mined.
25 The attorneys for STONE INTERNATIONAL, INC. ,. were unable to
26 determine the existence of said easements or .rights of access over
27 said driveway in view of the fact that the sole shareholder of STONE
28 INTERNATIONAL, INC. , was deceased prior to the filing of the Com-
29 plaint.
30 DATED: July 25, 1983
31 CAPPS, STAPLES, WARD, -HASTINGS & DODSON
32 A Professional Corporation
33
34
35 J. gUCIAN DODSON II
36 At orney for Said Defendant
LAW.OFFICES OF - Q
CAPPS, STAPLES, �2� V
WARD & HASTINGS
A PROFESSIONAL
CORPORATION
P. O. BOX 5607
WALNUT CREEK.CA 94556
(415)939-4411
t f
CAPPS, STAPLES, WARD, HASTINGS & DODSON JUI_ `; 1983.
2 A Professional Corporation
1280 Boulevard Way, Suite 204
3 Post Office box 5607 c,..f;lF1A �:�:_;f, ��U�•;", {
Walnut Creek, CA 94596 k..Hurtz,uc,;,Ua
4 (415) 939-4411
5
6 Attorneys for Defendant,
STONE INTERNATIONAL, INC.
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
9
10 DONNA M. HALL, )
11 )
)
12 Plaintiff, ) CASE NO. 207 476
13 )
VS. ) C L A I M
14 )
15 3600 MT. DIABLO BOULEVARD, INCOR-
PORATED, a California corporation, )
16 et al. , )
17 Defendants. )
1$ AND RELATED CROSS-ACTION. )
19
20 The undersigned hereby presents the following claim against .the
21 COUNTY OF CONTRA COSTA:
22 TO THE CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA
23 COSTA:
24 YOU ARE HEREBY NOTIFIED that STONE INTERNATIONAL, INC. , presents
25 the following claim against the COUNTY OF CONTRA COSTA: .
26 1. Name and address of claimant: STONE INTERNATIONAL, INC. ,
27 c/o CAPPS, STAPLES, WARD, HASTINGS & DODSON, Post Office Box 5607,
.28 Walnut Creek, California, 94596. All notices should be sent to the
29 above law offices.
30 2. Nature of the claim: This claim is for indemnity, arising
31 out of an action filed by DONNA M. HALL in the Superior Court of
32 California, County of Contra Costa, Action No. 207 476. Said action
33 alleges that on or about February 4 ,1979, plaintiff slipped and fell
34 in a large pothole in a driveway located immediately to the west of
35 Petar's . Restaurant, located at 3600 Mt. Diablo Blvd. , Lafayette,
36 California. Plaintiff alleges that the driveway was in a dangerous
LAW 0"Icat OF
CAPPS:STAPLES.WARD. .. -
04ASTINGS i DOOSON - ... -1-
�tMOI[f f/OM�
z0ft"N.ao" EXHIBIT "A"
P O BPI[6601 � � - � - - �69
ONLMU♦CMCSK.CA YJSY6 _ -
1 condition at the time of the fall.
2 STONE INTERNATIONAL, INC. , was the lessee of the premises
3 at the time of the above accident. STONE INTERNATIONAL, INC. , .was
4 served with plaintiff's Complaint and filed its Answer on or .about ...
5 October 14 , 1981. The owner of the premises, 3600 MT. DIABLO BOULE-
6 VARD CORPORATION,, is also a defendant in the lawsuit.
7 On or about June 21, 1983, STONE INTERNATIONAL, INC. ,
8 received answers to interrogatories by 3600 MT. DIABLO BOULEVARD,
9 INC. Said answers indicated that easements or rights of access over
10 the driveway where the accident occurred had been granted in favor of
11 the County of Contra Costa, among others. Said answers further
12 stated that actual maintenance of the driveway since 1959 had been
13 accomplished by the County of Contra Costa.
'14 Based upon said information, the County of Contra Costa had
15 a duty to maintain and repair the subject driveway. In the event
16 that plaintiff is able to show that the driveway was in a dangerous
17 or defective condition, resulting in her injuries, said injuries
18 would be the responsibility of the County of Contra Costa for its .
19 failure to maintain and repair said driveway.
20 STONE INTERNATIONAL, INC. , enclosesa copy of said Answers
21 to Interrogatories herewith.
22 3. Nature and extent of injuries: As indicated above, STONE
23 INTERNATIONAL, INC. , seeks indemnity for any judgment awarded to'
24 plaintiff, DONNA M. HALL. Ms. HALL sustained a laceration near her'
25 right eye, as well as bruises and stiffness and soreness in her neck
26 and back. Her medical specials total $1,277.50. Ms. HALL also has
27 a wage loss claim in .excess of $8,000.
28 DATED: 07... /-03
29 CAPPS, STAPLES, WARD, HASTINGS & DODSON
30 A Professional Corporation
31
32
33 J UCIAN DODSON III
34 torney for Said Defendant
35
36
-1.AW 0"ecis or - - -
:APPS. WARD
. .
STAPLES
"ASTWGS G - -2-
A 170
COII�OIIgTKIM
1 O. 00 K 5601
WALNUT CREEK.CA NSsb - -
(IIS) 979.1411 - ...
1,983
. 1 RUSSELL F. KELLEY
Attorney at Law
2 3126 Buskirk Avenue
Walnut Creek, CA 94596
3 (415) 933-1600
5 Attorney for Defendant
3600 Mt. Diablo Boulevard
6 Incorporated
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF CONTRA COSTA
10 DONNA M. HALL, )
11 Plaintiff, ) NO. 2 0 7 4 7 6
12 vs. )
13 3600 MT. DIABLO BOULEVARD ) ANSWERS TO INTERROGATORIES
INCORPORATED, et al. , )
14 )
Defendants. )
15 )
16 INTERROGATORY NO. 1: Has an easement or other right of
17 access over the driveway of the subject property ever been ,
18 granted? If so, for each such easement or right of access,
19 please state:
20 a. Name and address of the person or entity to whom
21 said easement or right of access was granted;
22 b. Date said easement was granted;
23 c. Duration of said easement;
24 d. Whether the easement was embodied in a written form
25 and if so, the name and address of the custodian of record of
26 said easement;
27 e. The terms of said easement or right .of access.
28
1'71
ANSWERS TO
INTERROGATORIES -
Page One
I '
1 ANSWER TO INTERROGATORY NO. l: When PETAR JAKOVINA pur-
2 chased the subject property he was told that there were existing
3 easements or rights of access over the driveway of the subject
4 property in favor of the County of Contra Costa (for the main-
s tenance yard) , Big 0 Tires and the owner of the property where
G Flavio's Restaurant is now located. At no time during the owner-
7 ship of the subject property by PETAR JAKOVINA or subsequently
8 by 3500 MT. DIABLO BOULEVARD 'INCORPORATED did either of these
9 owners grant easements or rights of access over the driveway.
10 This answering Defendant does not know the terms of any
11 easements or rights of access nor whether they are in written
12 form. In this regard, this answering Defendant does not know
13 whether or not there were any maintenance agreements or require-
14 ments as part of the granting of the easements or rights of
15 access. As to actual maintenance, however, ' since approximately
16 1959 the County of Contra Costa has maintained the driveway of
17 the subject property.
18 In approximately 1977 Jack Marchant of Lafayette Federal
19 Savings & Loan painted a "No Parking" sign on the driveway of
20 the subject property in the vicinity of Flavio's Restaurant and
21 Petar's Restaurant. It is the information and belief of this s.
22. answering Defendant that Lafayette Federal Savings & Loan is the
23 owner of the property where Flavio's Restaurant is located.
24. DATED this 17th day of June, 1983.
25
26
RUSSELL F. KELLEY
27
28 172
ANSWERS TO
INTERROGATORIES - Jj
Page Two and Last
• 1 ..
3
5
a
6 -
7
g
9 I
10 !'
11 I; the undersigned, say:
1z I am the President of 1600 'Mt. 'D ablo
13 Boulevard, Inc. a California . corporation, and a
14 party to the above-entitled action, and make this declaration .
15 for and on behalf of said corporation; the foregoing document is
16 true of my own knowledge, except .as to the matters which are
17 therein stated on my information and belief, and as to those
18 matters I believe it to be true.
19 I declare under penalty of perjury that the foregoing
20 - is true and correct.
21 Executed on June 1.7 , 19 83 , at
22 ,Walnut Creek , California.
23
24
25 PETAR KOVINA
26
I
,
LAW cof:Crs cr
4MSON AND COR:!I.K
$ VI
30 MAKIRIC AVNE 7
1
1 PROOF OF SERVICE BY MAIL
2 51013 (a) , 52015. 3 C.C.P.
3
4 Z, the undersigned, hereby certify that I an a citizen
5 of the United States, over the age of eighteen years and not a
6 party to the within action. my business address is 3126 Buskirk
7 Avenue, Walnut Creek, California 94596. I served a true copy of
8 ANSWERS TO INTERROGA^tORIES
9
10 by mail, by placing sante in an envelope in the United States mail
11 at Walnut Creek, California, on the 17th day of June
12 1983. Said envelope was addressed as follows:
13 J. L. DODSON, III John A. Meadon, III
Attorney at Law Attorney at Law
14 P.O. Box 5607 P.O. Box 55
Walnut Creek, CA 94596 Mioraga, CA 94556
15
16
17
18 Executed this 17th day of June 1983,
19 at Walnut Creek, California.
20 I certify under penalty of perjury that the foregoing
21 is true and correct.
KIAS A. DR1014RIGHT
24
25 Re= Hall v. 3600 Mt. Diablo'Blvd.
26 NO- -- 2 0 7 4 7 6
27 174
28
I PROOF OF SERVICE BY MAIL - 1013a, 2015 .5 C.C.P.
2 I am a citizen of the United States and I am employed in the
3 County of Contra Costa, State of California. I am over eighteen (18)
years of age and not a party to the within above-entitled action. My
4 business address is 1280 Boulevard Way, Suite 204 , P.O. Box 5607 ,
5 Walnut Creek, California, 94596.
6 On SuJ (D 19 83 , I served the following documents
7 in .connection with Action No. 207 476 , RE: HALL vs. STONE
INTERNATIONAL, INC. , et al. (Contra Costa Superior Court)
8
9
10 CLAIM AGAINST COUNTY OF CONTRA COSTA
11
12
13
14 by placing true copies thereof enclosed in sealed envelopes with post-
15 age thereon fully prepaid, in the United States Post Office at
Walnut Creek , California, addressed in the matter set forth below:
16
17 John A. Meaden III , Esq.
18 WALSH; MORTON, MEADEN & AJLOUNY Attorneys for Plaintiff
Post Office Box 55 (415) 376-2300
19 Moraga, CA 94556
20
21 Russell F. Kelley, Esq. Attorneys for Defendant and
22 3126 Buskirk Avenue Cross-Defendant, 3600 MOUNT
Walnut Creek, CA 94596 DIABLO BOULEVARD, INC.
23 (415) 933-1600
24
25
26
27
28
29
30
31 I declare underpenalty of perjury that the foregoing is true and
32 correct and that this declaration was executed at Walnut Creek., CA
on this (A day of 1983 .
33
34
35 LaAt/2 "�Y• �87.t,�
36 KAREN G. ROWLAND, Secretary
LAW WIKCS M
PPS.STAPMS.WARD. .
ASrWGS 6 DOOSON -
A"Of C$SOONAL
coA►w1.no.. :. .
• o. Dox 5601
Loduy CNCCK.CA 91S"
(4#11 119-441/ .
' PROW: OF SERVICE
(Use separa:c proof of service /or each person served) t
1. I served the (_l Z ruti-
' a. Q summons Q complaint Q amended summons [] amended complaint
b. On defendant(Name): �fT, •-� j `� ...
c. By serving (1) Q Defendant (2) [ Other Name and title or relationship to person served):
u:. ("�,.I f�-G.::,:. �� lir f<. +r.� Cc�Y,-
d. [] By delivery at Q home [] business_ (1) Date ol:-7/f�16--5
(2)Time of:d,lg ..,� (3)Address:. S / t; _ 'St.
e. Q By mailing (1)Date of: (2)Place of: Ma/ t-tet z� 6-4 -
2. Manner of service: (Check proper box) r ^�
a. Q Personal service.By personalty delivering copies.(CCP 415.10)
b. [[Substituted service on corporation. unincorporated association (including partnership), or public entity. By
leaving, during usual office hours, copies in the office of the person served with the person who apparently
was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at
the place where the copies were lett.(CCP 415.20(a))
c. Q Substituted service on natural person, minor. Incompetent. or candidate. By leaving copies at the dwelling
house, usual place of abode,or usual place of business of the person served in the presence of a competent
member of the household or a person apparently in charge of the office or place of business. at least 18
years of age. who was informed of the general nature of the papers, and thereafter mailing (by first-class
mail, postage prepaid) copies to the person served at the place where the copies were felt.(CCP 415.20(b))
(Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence in first•
attempting personal service.)
d.Q Mail and acknowledgment service. By mailing (by first-class mail or airmail) copies to the person served.
together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid.
addressed to the sender.(CCP 415.30)(Attach completed-acknowledgment of receipt.)
e.Q Certified or registered mail service. By mailing to address outside California (byregistered or certified airmail
with return receipt requested) copies to the person served. (CCP 415.40) (Attach signed return receipt or.
other evidence of actual delivery to the person served.)
1. Q Other(Specify code section): ,
Q Additional page is attached.
3. The notice to the person served (item 2 on the copy of the summons served) was completed as follows (CCP
412.30, 415.10, and 474):
a..CD As an individual defendant. `
b.Q As the person sued under the fictitious name of: -
c. [On behalf of:. . . . . . . . . . . . . . . . . . . . . • , '
Under: ( CCP 416.10(Corporation) Q CCP 416.60(Minor) Q Other.-
C),CCP 416.20(Defunct.corporation) Q CCP 416.70(Incompetent)
O CCP 416.40(Association or partnership) Q CCP 416.90(Individual)
' d. personal delivery on(Date): . 7/81 �3 .
4. At the time of service I was at least 18 years of age and not a party to this action.
5. Fee for service: S,
6. Person serving e.Q California sheriff,marshal,or constable.
a. Q Not a registered California process server. 1. Name,address and telephone number and
b. dRegittered California process server. - if applicable.county of registration and number:
c. Q Employee or independent contractor of a D j SERVICE, LTD,
registered California process server.
d. Q Exempt from registration under Bus. a Prot. 1735 N. BROADWAY
Code,22350(b) WALNUT CREEK, CA 94596
declare under penalty of perjury that the foregoing (For California sheriff.marshal or constable use only)
is true and correct and that this declaration is executed 1 certify that the foregoing is true and correct and that
on(Date): .IV I .' . . . .at(Place): this certificate is executed on(Date):. . . . . . . . .
Zr . -1.- . .California. at(Place): Ca)itornia.
tS.gnat •e _ rS-gnatulel �. 0 U
A unite, penally of peryu•r leusl oe s-gned in CaMoln-a of M a state that aYtholues use of a drrtarat.nn-n ei.e.e, ...
Board Action:
t:LAI'M-
Feb. 7, 1984
} BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA /ale
Claim Against the County, or ) NOIR TO CLADVM
District governed by the Board ) The copy of this doc�m�ent mailed to"you is your
of Supervisors, Routing Endorse- ) notice of the action taken on your claim by
meets, and Board Action. (All ) the Board of Supervisors (Paragraph III, below) ,
Section references are to California ) given pursuant to Government Code an.913Se1&
Goverrmknt Codes. ) 915.4. Please note all "Warnings". �► �+011f1
JAN 0 6 7984
Claimant: Mission Hakam Martinez, CA 94553
Attorney: Tyler P. Berding, James 0. Devereaux, Law Offices of Ronald M. Abend
Address: 1333 Broadway, Suite 840, Oakland, 'CA 94512
Amunt: Minimum sum of $2501000- 00 By delivery to Clerk on
Date Received: January 5, 1984 January 3, 1-983
CWr 1'eg°Vffffk .19n3-1-7
--QT 844
I. FRY4: Clerk of the Board of Supervisors To: County Counsel
Attached is a copy of the above-noted Claim.
DATED: January 5, 19S,Lh, oLssa1, Clerk, By , Deputy
Helen P. Marino
II. FROM: County Counsel To: Clerk. of the Board of Supervisors
(Check only one)
(�C ) This d� �
c� �esQ stantppieeal y with Sections 910 and 910.2.
( ) Thi Claim 1AIIS to amply subs ntially 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) .62 5 /10 5 0 � 9/4 � fo
( ) Other I e� ch a.�o s c vno re, 7�iq,, /o a da o �rjo,- 4 /x, h
DATED: Deputy County Counsel
III. FFU-1: Clerk of the Board To: (1) County el, (2) County Administrator
( �( ) Claim was returned as untimely with notice to claimant (Section 911.3)0-k-,
IV. BOARD ORDER By unanimous vote of Supervisors present
( ) This claim is rejected in full.
( ) Other: - v d-
I certify that this is a e and cow copy of thA d'sOtLaer entered in its
minutes for this date.
DATED: I FEB U.7 1224 J.R. OISSON, Clerk, / , , Deputy
WARNn%ra (Govt. C. §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 any attorney of your choice in connection with
this matter. If you want to consult an attorney,- i should do so innnediately.
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 math 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: FEB 07Rq4 J.R. OISSON, Clerk, Byy _&,,. ��'jil�t�.,,�,i ► Deputy
VI. FROM: 1 County Counsel, (2) County Administrator TO: Clerk of the Board
of Supervisors
Received Copies of this Claim and Board Order.
DATED: County Counsel, By
County Administrator, By
CIA44
177
TYLER P. BERDING, ESQ.
JAMES O. DEVEREAUX
LAN' OFFICES. 07 RONALD M. ABEND, INC.
R �IVED
1333 Broadway, Suite 840
Oakland, California 94512
(415) 465-4430 S X984
mvam
Attorneys for Claimant L o�c of WA, WA 00
CLAIM AGAINST PUBLIC ENTITY
Government Gode 99905, 905.2, 910—, 910.21
To: COUNTY OF CONTRA COSTA
Board of Supervisors
651 Pine Street, room 106
Martinez, California 94553
Re: Mission Hakam
3831 La Colina
El Sobrante, California 94803
MISSION HAKAM hereby makes claim against the COUNTY OF
CONTRA COSTA for the minimum sum of $250,000.00 and makes the following
statements in support of that claim:
1. Notices concerning the claim should be sent-.to the Law Offices of
Ronald M. Abend, Inc. , 1333 Broadway, Suite 840, Oakland, California
94612.
2. The date and place of occurrence giving rise to this claim are
March, 1983 at El Sobrante, Contra Costa County, California, at or
about the above-referenced address.
3. The circumstances giving rise to this claim are as follows: In
.March, 1983 a .massive landslide occurred in the vicinity of_ La' Cima
Road and La Cresenta Road, in the City of El Sobrante, County of
Contra Costa, State of California.;_:::The landslide destroyed numerous
houses and severely damaged others, Other homes which are not
physically damaged have suffered severe diminution in value, and all
residents have suffered emotional distress, inconvenience, and financial
hardship as a result of the slide. - The slide originated on land owned
by the East Bay Regional Park District, within the City of 'Richmond,
and the County of Contra Costa. Claimant is informed and :believes
the East Bay Municipal Utility District water lines and the West Contra
Costa Sanitary District lines contributed to the damage resulting from
the slide.
4. Claimant's injuries are in excess of $250,000.00 for property
damage, emotional distress, and. further and other economic loss.
5. The names of -the public employees causing the claimant's injuries
are unknown.
6. The claim as of this date is in excess of $250,000.00.
7. Compilation of claim and damages:
1. Total loss of house and other improvements, value:
Not applicable or
2. Repairable damage to house and appurtenant structures,
estimated cost of repair $ Unknown Description of
damage
Cracking and wracking of the improvements Including the
house, sidewalks and retaining walls.
3. Damage to land, (walls, fences, grading, drainage, utilities,
landscaping), estimated cost of repair: stabilizing foundation
and Lot Only:
See above ..�
Z
4. Personal property damaged, value ; Not applicable
•• 5. Emotional distress, estimated not determined ;
6. Other losses described below, estimate ;
TOTAL ESTIMATED CLAIM: ; excess of ;250,000.00
Dated: December 28, 1983
.Law Offices of Ronald M. Abend, Inc.
By• /,✓`
DEN�EREAUX cp aalf of
laimant
:
180
ISS