Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MINUTES - 04171984 - 1.15
Board Action : QA.'M April 17 , 1984 �S BOARD OF SOPERVISCF S CF CORM CEPA 00CM EX OFFICIO THE GOVERNING BOARD OF THE CONTRAFIRE PROTECTION DIST . Claim Against the Ooumty, or District ) NNIS TO CZAI?gW governed by the Board of -supervisors, ) The copys t ma ed 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 Sectil Counsel and. 915.4. Please note all "Warnings". Claimant: Konston Andronis & Mark. Leigh MAR 2 6 1984 Attorney: B . Palmer Riedel Martinez, CA 94553 Golden , Stefan , Ellenberg & Riedel Address: 7677 Oakport, Suite 460 Via Contra Costa Fire Oakland , CA 94621 District Amount: $2 0 0,0 0 0 0 0' By delivery to clerk on March 22, 1984 Date Received: — March 22 , 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: March 22 , 1984 J.R. 0[SSON. Clerk, fy ` kput yp II. FSM: County Counsel ZOO: Clerk of the Board of Supervisors (Check only one) �C) This_claim complies substantially with Sections 910 and 910.2 tea. &t c4 . S e e. be./0-Li I 0 ( ) This claim 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) . ( "Ilwmln not timely filed. Clerk should return claim on ground that ip filed late and send warning of claimant's right to apply for ,leave to present a late claim (Section 911.3)45 fU 069-�,►r-, 111 ( ) a V other: ul Dated: V- y By: Deputy County Counsel III. FROM: Cle k of the Board TO: (1) County Counsel, (2) County Administrator ('() A 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 . ( X) Other: Portion 'of original claim not previously untimely is rejected in. full . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. 4eni DuBois Dated: 4-17-84 J. R. C LSSCN, Clerk, By �,��_B e , Deputy Clerk MIME (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the. date this notice was personally served or deposited in the mail.-to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so Immediately. V. FROM: Clerk of the Board 70: (1) Canty Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action an this claim 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. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. n DATED: 4-17- 84 J. R. CSSON, Clerk, Deputy Clerk CC: County Administrator (1) County Counsel (2) CLAIM G�n,TRA coS�q. ;i CONTRA COSTA COUNTY JL®, CONSOLIDATED FIRE DISTRICT V LIVE DIS'4R�� FIRE JZHIEF BOARD OF FIRE COMMISSIONERS William F. Maxfield Albert J. Gray 2010 Geary Road Edward B. Haynes Richard F. Holmes Pleasant Hill, California 94523-4694 Donald J. Macintosh TELEPHONE(415)930-5500 March 15, 1984 Harold E. Wildes TO: Frank Fernandez, Assistant County Administrator Attention: Terry McGraw, Deputy County Administratopi FROM: Michael George, Administrative Services Officer SUBJECT: Claim Against Consolidated Fire District. by Konston Andronis and Mark Leigh Enclosed for your processing is a claim by Konston Andronis and Mark Leigh for $200,000 against the Consolidated Fire District. We received this claim on March 14, 1984. As a related matter, I forwarded to you a different claim by Konston Andronis against the Consolidated Fire District in my memorandum of December 20, 1983. Please note the law firms handling the two claims are different; and the subject claim is by Konston Andronis and Mark Leigh, whereas the other claim was by Konston Andronis only. By copy of this memorandum, I am also forwarding a copy of this new claim to Kurt Farnsworth. MG:ps Enclosure CC: Kurt Farnsworth, George Hills Company 11Ser00 01'1- Serving ving the communities of Clayton, Concord, Lafayette, Martinez, Pleasant Hill, Walnut Creek, and some unincorporated County areas s �-� n - . • RECEIVED MARIL 14 1,934FJF� MAR �, 1984 CONTRA COSTA FiRE DISTRiC;i �. a. oLW CLERK BOARD OF SUPERVISORS CONT - 006TA CO CLAIM AGAINST THE CONTRA. COSTA COUNTY CONSOLIDATED FIRE DISTRICT TO THE CONTRA COSTA COUNTY CONSOLIDATED FIRE DISTRICT: KONSTON ANDRONIS and MARK LEIGH, hereby make this claim against the Central Fire District of the County of Contra Costa, State of California for the sum of $200,000.00 and make the following statements in support of said claims: 1. Claimants' post office address is: Konston Andronis 148 Gordon Way Martinez, CA 94553 Mark Leigh 971 Ina Drive Alamo, CA 94507 2. Notices concerning the claim should be sent to: GOLDEN, STEFAN, ELLENBERG & RIEDEL A Professional Corporation 7677 Oakport, Suite 460 Oakland, CA 94621 Attn: B. PALMER RIEDEL 3. Date and place of the accident giving rise to the claim: March 15, 1983 148 Gordon Way (and) 180 Gordon Way Martinez, CA 4. Circumstances giving rise to this claim are as follows: At a time unknown to claimants, the above named public entities negligently designed, maintained and constructed a fire trail adjacent to the above described property so as to de-stabilize and re-channel surface and sub-surface watercourses so as to cause a landslide on and adjacent to claimant's real property, threatening claimants' dwelling home. 00 018 5. Claimants have suffered loss of value of property through landslides and as the result of the landslides, physical and emotional injury, costs of repairs, and costs of defense of a lawsuit that being Weymouth v Andronis, Contra Costa Superior Court Action Number 25129.. 6. The amount of said claim as of this date: 200,000.00; general damages plus special damages according to proof. 7. The basis of computation of the above amount is as follows: Loss of value of property, costs or repair, medical, psychological and legal expenses and general damages. Dated: 3-)3-W GOLDEN, STEFAN, ELLENBERG ac R?B- A Ponal Corporation By: MER RIEDEL 00 019 0-� ,a-CCLMN - mm CF sinn imm CF CIBTI'RA aTA CIII rr. camm mh Claim Against the County, or:District ) "MCB TO C[AngW governed by the Board of Supervisors, ) The copyof s t ma ed to you is your Routing Endorsements, aid Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, bels+), to California Government Codes ) given pursuant to Govermmt Code Section 913 and 915.4. Please note all OWarnings`. Claimants Konston Andronis Mark Leigh Attorney: B . Palmer Riedel Golden , Stefan , Ellenberg & Riedel Address: 7677 Oakport , Suite 460 Oakland , CA 94621 Hand Delivered Amount: $2 0 O,0 0 0 .-O 0 By delivery to clerk on March 14 , 1984 Date Reoeived:M ax-c h 14 , 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. / March 14 1984 Dated: J.R. CISSON, Clerk, ByDeputy II. FROM: Canty Counsel TO: Clerk of the Board of Supero cors (Check only one) ( ) This claim ecmplies substantially with Sections 910 and 910.2.. (�) This claim FAn S to comply substantially with Sections 910 and 910.2, bird we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). (�() Claim is not timely filed. Clerk should return claim on ground that it was filed late and sena warning of claimant's right-to apply for leave to present a late cla/im[�(.Se�tion 911.3).a,s 4-o o-L4-� -&rz dC,4 t V , f-a FIA SI" Uvi S ` Dated: pq By: Deputy County unsel III. PROM: C1� of the Board TO: (1) County 1, (2) County Administrator ( ) , Clam returned as untimely with notice to claimant (Section 911.3). IV. Bamm -Irml By unanimous vote of Supervisors present ( ) This claim is rejected in (�() Other: _ v I certify that this s a true and correct copy of the Board's Order entered in its minutes for this date. /�eeni uBois Dated: 4-17- 84 J. R. CIS.SON, Clerk, By o,uJ��,�. pie , Deputy Clerk iS►taT= (Gov. Code Section 913) Subject,to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of para choice in eocnoc:ection 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 mann thereof has been filed and endorsed an 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: Y-/'7- ,3YL J. R. CLSSON, Clerk, By � st��Gc i�-r�o , Deputy Clerk cc: County Administrator (1) County Counsel (2) V0 020 CLAIM V r RECEIVED MAR J. R. OLSSON CLERK ��BOARD �OFF SUPERVISORS B .lB1.LC. NT .l-?�T A CO. CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO THE COUNTY OF CONTRA COSTA: KONSTON ANDRONIS and MARK LEIGH, hereby make this claim against the County of Contra Costa, State of California for the sum of $200,000.00 and make the following statements in support of said claims: 1. Claimants' post office addresses are: Konston Andronis 148 Gordon Way Martinez, CA 94553 Mark Leigh 971 Ina Drive Alamo, CA 94507 2. Notices concerning the claim should be sent to: GOLDEN, STEFAN, ELLENBERG & RIEDEL A Professional Corporation 7677 Oakport, Suite 460 Oakland, CA 94621 Attn: B. PALMER RIEDEL 3. Date and place of the accident giving rise to the claim: March 15, 1983 148 Gordon Way (and) 180 Gordon Way Martinez, CA 4. Circumstances giving rise to this claim are as follows: At a time unknown to claimants, the above named public entities negligently designed, maintained and constructed a fire trail adjacent to the above described property so as to de-stabilize and re-channel surface and sub-surface watercourses so as to cause a landslide on and adjacent to claimants' real property, threatening claimants' dwelling home.. 5. Claimants have suffered loss of value of property through landslides and as the result of the landslides, physical and emotional injury, costs of repairs, and 00 021 V costs of defense of a lawsuit that being Weymouth v Andronis, Contra Costa Superior Court Action Number 25129.. 6. The amount of said claim as of this date: 200,000.00; general damages plus special damages according to proof. 7. The basis of computation of the above amount is as follows: Loss of value of property, costs or repair, medical, psychological and legal expenses and general damages. Dated: GOLDEN, STEFAN, ELLENBERG & RIEDEL A Professional Corporation By: B. PALLIER RIEDEL 00 022 ._ .. ........ ..............._...... .. ....,v_a v..........s..:..... .....,k,..,..u...,...a..ssw.d.. :_....v>!iti.ca:`_ ul.'.`:...•...r.. S'._.- _1�iL.ux6.. - - - vA+....w...„ ' Board Action : CLAM April 17 , 1984 BOARD Cr SOR3 CP COrT PJk C10MM. CRLEFCRqrA Claim Against the Comty, cc District ) "NICE TO CLUNN" governed by the Board of supervisors, ) The copy s t ma ed 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 Claimant: David J . Philips and 915.4. Please note all "warnL>W1%Counsel Attorney: The Scranton Law Firm MAR 12 1984 2255 Contra Costa Blvd . , Suite 301 Martinez, CA 94553 Address: Pleasant Hill , CA 94523 Amount: $10 0;0 0 0 . 0 0 By delivery to clerk on Date Received: M.a r c h 12 , 1984 By mail, postmarked on March 9 , 1984 Certified Mail ruo/ Dbulbb I. mom: Clerk of the K;aO of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. _ Dated: March 12, 1984 J.R. O[SSON, Clerk, - /` Deputy By II. FROM: County Counsel 70: Clerk of the Board of Supery sors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to oomply substantially with Sections 910 and 910.21, 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: y %-L �.r Deputy County Counsel III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). W. BOARD CB [t 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 n is minutes for this date. eeni DuBois Dated: 4- 17- 84 J. R. CISSON, Clerk, By olQw , Deputy Clerk MNG (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a coat 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 70: (1) County Counsel, (2) Camty 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 mem 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- 8 VJ. R. CLSSON, Clerk, By ,l�u a-`,o , Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 023 CLAIM 1 I The Scranton Law Firm 2 2255 Contra Costa Boulevard Suite 301 RECEIVED Pleasant Hill, Ca 94523 3 MTI I'a 4 (415) 682-7777 J. R: OLSSON K BOARD OF SUPERVISORS ONTRA STA O, 5 Attorney for Claimant e """' Deputy 6 7 8 CLAIM AGAINST A PUBLIC ENTITY 9 10 In the Matter of the Claim of 11 DAVID J. PHILIPS, ) ) 12 ) 13 CLAIM FOR DAMAGES 14 CONTRA COSTA COUNTY HEALTH (Govt. Code Section 910 et. seq . ) SERVICES, MARTINEZ . ) 15 ) 16 1 . I , Robert H. Price, Esq. 17 i the undersigned , present this claim for damages as a person acting 18 I on behalf of the claimant . 19 2 .' I desire notice relative to this matter to be sent to I 20 my following business address : 2255 Contra Costa Blvd. #301, 21 lPleasant Hill, Ca. 94523 . i 22 11 3 . The name and address of claimant are : David J. Philips 23 X612 West 13th Antioch, Ca 94509 24 ,� 4 . The date and place of the occurrence that gave rise to . 25 II this claim are as follows : December5 , 1983 at 2500 Alhambra 26 ( Avenue, Martinez, Ca 94553 -1- 00 024 I' �f 1 + 5 . The circumstances of the occurrence which gave rise Lo 2 I the claim are : A collapse of muscles and nerves in the left 3 shoulder following injections for bursitis. 4 5 6 7 I ' 8 6 . A general description of claimant' s injuries , damages 9 and lossess incurred so far as is now known are as follows : 10 A loss of use of his left shoulder resulting in an inability to 11 lift arm. An unknown amount of .future medical treatment to cure 12 the shoulder , and an inability to work in his ususal trade of 13 construction work. 14 7 . If known, the name(s) of the public employee(s) causin 15 said injuries , damages and losses is/are : Unknown at this time. 16 17 18 8 . The amount claimed as of the date of presentation of 19 this claim consists of general damages and special damages relative 20 i to claimant' s injuries and property damage and loss of use of sage 21 in amounts unknown at this time but in the aggregate not less that 22 $100,000. 00 and exceeding the jurisdiction of the Municipal Court I 23 of the State of California . Claimant reserves the right to insert 24 I said amounts when same are ascertained . 25 DATDD : March 7, 1984 f Claimant or Person ■ 26 I I#ti~ngon behalf of Claimant -2-Robert H. Price, Esq. . 00 025 � PROOF OF SERVICE BY MAIL (C.C.P. 1013A, 2015 . 5) 1' STATE OF CALIFORNIA COUNTY OF CONTRA COSTA I am a citizen of the United States and a resident of the county of Contra Costa. I am over the age of eighteen years and not a party to the within above entitled action. My business address is 2255 Contra Costa Boulevard, #301 , Pleasant Hill , CA 94523. On March 8 , 1984 I served the within CLAIM FOR DAMAGES (Govt. Code Section 910 , et. seq. ) on the parties in said action, by placinq a true copy thereof enclosed in sealed envelope with postage thereon fully prepaid, in the United States mail at Pleasant Hill, California, addressed as follows: Clerk of the Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 I► Joan M. Ritter, - .certify (or declare) , under penalty of perjury that the foregoing is true and correct. Executed on March 8 , 1984 at P1 sant Hill, Qalifornia. i 00 026 - - Boa-rd. -Action : April 17 , 1984 _ CLAM ' BOARD CP SUPERV19M CP CIU A STA COMM,, CR1jEF=1IA Claim Against the County,,cir District ) NNICE TD CZAINN" governed by the Board of Supervisors, ) The Copy s tma led 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: State Farm Fire & Casualty Co . Attorney: York , Buresh & Kaplan Address: 1708 Shattuck Avenue , Berkeley, CA 94708 Amount: Approx . $340, 000 . By delivery to clerk on March 13 , 1984 ked �n DateReceived: — March 14 , 1984 By mail Mai P I. FROM: Clerk of the Board of Supervisors TD: County Counsel Attached is a copy of the above-noted claim. Dated: March 14, 1984 J.R. OESSON, Clerk, By Deputy Helen P . Marino II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) ( ) This claim oomplies 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 77 1, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD 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. Reeni DuBois Dated: 4-17-84 J. R. CLSSCN, Clerk, By Deputy Clerk MRNING (Gov. Oode Section 913) Subject to certain exceptions, you have only six (6) months from the date t h i s 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. DAM: - i '7- S J. R. OIssw, Clerk, By; �_ w .--�ao , Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 O 27 CLAIM .r RECEIVED GOVMUOIEMT CODE CLAIM MAR �� .y A:l J. R. OLSSON CLERK BOARD OF SUPERVISORS B �_) CON.Tp COSTA.CO. CON. ft f* ....De TO THE GOVERNING BODY OF: .`CONTRA COSTA COUNTY f puty CLAIMANT: STATE FAR11 FIRE & CASUALTY COMPANY Address: c/o York , Buresh & Kaplan 1708 Shattuck Avenue Berkeley , CA 94708 DATE OF INCIDENT: :larch 19 , 1983 LOCATION OF INCIDENT: DESCRIPTION OF INCIDENT: Large landslide caused damage to adjoining properties and treatened destruction of three homes insured by claimant . NATURE OF DAMAGES: Expenses of 1,andelide reps r. AMOUNT OF CLAIM: $ approximately $340 - 000 ITEMIZATION OF CLAIM (List Items Totalling- Amount Set Forth Above ) Policy limits for each of three insureds : $ Bond, Brodale and Severson $ TOTAL: $340 , 000 ATTORNEYS TO WHOM NOTICES game: York, Buresh & I:aplan SHOULD BE SENT: _ Attention : Scott Buresh Address: 1708 attucTc Avenue Berkeley, CA 94708 Telephone: 415) 548-7474 YOnK, URESH & KAPL DATED: March �j/ 1984 By _ �W Scott Buresh Attorneys for Claimant 00 028 Board Action : Cn„i April 17 , 1984 Claim Against the Oumty, or District ) "MCB TO c3AI?QW governed by the Board of Supervisors, ) The copys t ma Ued 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 Oode Section 913 Claimant: Michael Wayne Jennings and 915.4. Please note all 'Warnings". Attorney: Michael Oliver Address: 2255 Contra Costa Blvd . , Pleasant Hill , CA 94523 Hand Delivered Amount: $38 . 0-0 - By delivery to clerk on March 14 , 1984 Date Receive&a re-h 14 , 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. o� Dated. March 14 , 1984 J.R. OLSSON, Clerk, By Deputy 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: fio Deputy County Counsel III. FTi: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOAM 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. Reeni DuBois Dated: 4-17- 84 J. R. OSSSON, Clerk, By � �• ��� , Deputy Clerk NNEING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. — You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. v. FROM: Clerk of the Board 70: (1) County Counsel, (2) Canty 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 mans 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- S J. R. O[SSON, Clerk, By Deputy Clerk CC: County Administrator (1) County Counsel (2) 00 029 CLAIM .. .. . ...._.......,..- _.. - r... .. ,. .. �,..ns ._1r-�x;r<. '�x,^sr,-:'�".Trsc3.xr..�c5?--xr,..�-„xx..--•.°---.. . n � CLAIM TO: BOARD OF SUPERVISORS OF CONTRA :CO r� appll�tlan to: Instructions to Claimant Clerk of the Board P.O.Box 911 Martinez,Caidgm)a 9 593 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, California 94553. . C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District. should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end his form. . RE: Claim by )Reser js] g stamps MAP% Against the COUNTY OF CONTRA COSTA) IR• OLMON QERK BOARD OF SUPERVISORS orc DISTRICT) y• T COSTA Fill in name ~ ) .The undersigned claimant hereby makes claim against theC )unty of Contra Costa or the above-named District in the sum of $ and in support of 'this claim represents as follows: --•�----------------------�•-T-T------------- -------------------- ---- 1.. .. When did the damage or >in�ury occur? (Give-----exact date and hour) l UEC 5 93 %.'00 �.'r,' `..�CTjr1'1� `v*i)�/L�J 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) try. Cho 4 S 1V1QV\/ &JE - ��,�E12SI ,CE R41-7' /; �l.w p�E W 'E 4osT c, o•:it,n� =------------------------------=-------------------------------=------=- 4. What particular act or omission on 'the part of county or district <officers, servants or employees caused the injury or damage? ,-;. �7 C j /�. �� ? �/� -l'� S ✓Ef , C�D�hi��. Gc'CS �bC�1: V ' / ` / (over) - - 00 030 5. What. are'` the names of county or district officers., servant's or employees- causing, the, damage or: injury..?" e Sb E l; 1 C j C-P 6. What damage or, injuries do you. claim reted? ZGive. full extent. of ;injuries.. or damages claimed. - Attach two estimates for, auto damage), w was. th �r.r ani �.rrr�r rr^---�rrr4 4-r,4rrrr 4r rr�r�.r rT,-.r-r-. rrr, 7. Hoe amount claimed above computecd? (Include the estimated' amount, of any prospective injury- or damage. ) 2 lrE: ��-� C. G5.7`' /, .Op 'r 7"rl� .�'ih�-ia .f•-, �.i'%.. csJ�k'E ��u��, • RT /"iJGG�L U, • . -- ^---------- -----^.--------^--^-----------`--------^------------------- 8. Names and addresses of witnesses,. doctors. and hospitals. 15: ��.� b� DeAll- - `,�;;: ` -- !v' -r C t:. • ., .„ .. I, �'�! t..h!.7:7�I"� U. �v �is•. -7 C✓4%�'' ..� `,��i"i�/J / 9: List-the eXQendi_tures you madee on account of this accident-or injury: "®ATE ITEM AMOUNT 75 yyiy yyyyyy ii yJ.yy yyy y,y.i.L yiyi y .L i. Lyyi L i iyy L L yyyyy L' yj y,y.Ly yyy y.Lyy yyy.y 1. {t{iC'R l{•R�.n.�.ai i.•i._aC-•�ii.•I1F iF iL-.if l.:J.-.af iG7{.CT i.i1.if ii R,��'i.'1.-tI.-1C ii••••C'R•:7C liiC.:•Ii•I1C.iLJ{lic=R.•�1{:a.'•ic'if.Y.if R-,' .Yf'.1F1.`.i.-]C.1.'if ii•/..•� Govt. Code. Sec. ' 9.•10:.2 provide a: "The Chaim signed, by the claimant MD-NOTICES' TO:. (Attorney) or by, some person on his beha-lf.. " Name. and Address; of Attorney ' tnIC ia.c_f rh rye f Claim t. 's.. ghatu - f A dress: 3 v �o CeJE;L� •�A� Telephone No. . (Y- -4s- s _ Te l'ephone. No.. _p y2►ti� **.*.ski*:�*.**.�*-**.*•ib**,;*.***�k-ik-•k********,*- ***.�t 1riY:�k.*.*:*-**:*:*�.*-*.**.*,dt.�r.�,*:*.*.*_*�k•�:**•*.*;**:*..*.* .; 3 ' INMATE REQUEST' � .;- COSTA MNTY DETENTION FACa NAME . .. . . Lasmo- . . irs�" � iddle. DATE: t '"� MODULE• ROOM:' CHECK ONE: 0 REQUEST 0 GRIEVANCE 'APPEAL REQUEST: rJA r*'* t ren Ll u a re hu r, Z! .,04 Ir=7 - - �w i j 14 1 . t:3�t`>�� .�I:G�Si J� ��t"1"�`^'S' 1_'r�•J:�" •l:1.'ri/ �`'-I]J.1.1�'.�.�.�:" �' . f�L1�7nCY'" hl C-rn4'- ' l.'�t`�_• t.t..°'/:?$Y .�� �e�t�'„11�� ���... _x • � r,;E:t"N -��uet-/�.7j' /.t i.c'' .lii+�r r� ,"r#. ��'Cy. � • .: G �l l'' te,> 4 .y �:. .�` ' �t! J rte,•, .� u l ` 05 #. _„-k - ; ---_—w_-�__— —a---- ---- .._..w _ --- CEIVED Y: ' ti ROUTED TO: . PROGRAMS: CUSTODY MEDICAL fl . ���wr-r w ra rraww ar�w i-------------w- w�-.----------------- (S a-rte -- y•. ANSWER: APPROVED DENIED State reason) _ ti d > r a e p oyee, ame oy�eb Rink keptytmate,;`Ifellaw #o + nate. fiite #o "I�ookiig file t 00 032 IF INMATE RE UEST ,:._._ C� COSTA rOUNTY DETENTION FACILITY NAME: n r,c �.._, �n 1 ,.� �,�,, BK K.#:_; -h Mt First Middle DATE: 3 MODULE:_ ROOM: CHECK ONE: j8. REQUEST 0 GRIEVANCE 0 APPEAL REQUEST: ;., /$I -� ►tiff All Fb leM J ------------------------ ----- --------------------------- RECEIVED BY: z ROUTED TO: Cr-PROGRAMS -0 CUSTODY 0 MEDICAL .a.-- --- --.--a-l---------------------------- ------- "ANSWER: D APPROVED ❑ DENIED - (State reason) ' BY: Title - EnWloyee Maite Employee .; v Pigk kept by inmate, Yellow to imate, White to Booking file 00 033 _ Board Action : • April 17 , 1984 CLAIM ROAM or SUPERVISORS OF CII!NA COMA CIOUR R, CRU OINIA Claim Against the County, br District ) I WMCB 70 CL% 4W governed by the Board of supervisors, ) The copy of Sis docunient mailed to you is your Routing M-dorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph Iv, belov), to California Government Codes ) given pursuant to Government Code Section 13. and 915.4. Please note all 'WarningbbUnty NOW Claimant: Covenant Mutual Insurance Company and Ambar Mukherjee MAR 16 1984 Attorney: Martinez, CA 94:;53 Address: 16000 -Ventura Blvd . , #1104 Hand Delivered Encino , CA 91436 Via County Admin . Amount: $345 . 00 - By delivery to clerk on Mareh i6 , i984 Date Received: -March 16, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: March 16 , 1984 J.R. OES.SON, Clerk, By4aA44x_.-b Deputy e en P . Marino II. FROM: County Counsel T0: Clerk of the Board of Supery sors (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) Canty Counsel, (2) Canty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD OFUM 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 n is minutes for this date. Reeni DuBois , Dated: 4-17- 84 J. R. OSSSON, Clerk, By Deputy Clerk MEN= (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail'.to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FRONT: 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:_ J. R. M&9W, Clerk, By 4 f, Zz-?- �c�-do , Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 034 CLAIM CLAIM TO: WAR- OF SUPERVISORS OF CONTRA . ;STA COUNTY Instructions to 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, California 94553. (_P. O. Box 911) 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 Clerk' s filing stamps Covenant Mutual Insurance Company ) IRECEIEVED ,and Ambar Mukherjee ) rA Against the COUNTY OF CONTRA COSTA) or DISTRICT) kBOOFOLSSON CLE SUPERVISORS Fill in name) ) COST By... Nputv The undersigned claimant hereby makes claim against the County of-Contra Costa or the above-named District in the sum of $345 . 00 and in support of ,this claim represents as follows : ------------------------------------------------------------------------ d 1. When did the amage or injury occur? (Give exact date and hour) November 30, 1983 ------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) 1603 Pleasant Hill Rd . Lafayette , CA. 94549 Contra Costa 3. How did the damage or injury occur? (Give full details, use extra sheets if required) Fire Department responding to call drove onto premises , went off edge of driveway , weight broke conrete at edge of driveway. 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Drove off paved surface (over) 00 035 5. What 'are the nar"a�s of county or district. ofricers, servants_ or employees causing the damage or injury? Fire Department ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Broken slabs of concrete in driveway ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) .2 estimates received . Lesser estimate used . Deductible ($250) taken ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------ury- 9. List the expenditures you made on account of this accident or in DATE ITEM AMOUNT ************************************************************************** Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or, . s r is behalf. " Name and Address of Attorney Claimant' s-Signature 16000 ' Ventura Blvd . #1104 Address Encino , CA. 91.436 Telephone No. Telephone No. 906-0699 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. " 00 036 Board Action : April 17, 1984 --, -cum • Bum OF SMWMSM OF COW CWM aim. CUMUMM Claim Against the Couunty, of District ) HNIC6 TO CQAIIVW governed by the Board of Supervisors, ) The copyof s t ma led to you is Your Routing Brdorsements, 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 Goverment Code Section 913 and 915.4. Please note all 'Warnings•. Claimant: Douglas & Genevieve Brodale Attorney. Minor J Schmid County Counsel Address: 1440 Broadway , Suite 810 11AR 16 1984 Oakland, CA 94612 Martinez, CA 94553 Amount. Unspecified By delivery to clerk on Date Received: -March 16 , 1984 By mail, postmarked on March 15 , 1984 I. FROM: Clerk of the Board of Supervisors TD: County Counsel Attached is a copy of the above-noted claim. Dated: March 16, 1984 J.R. OLSSON, Clerk, By PAM ty Helen F . Marino II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (X) This claim complies substantially with Sections 910 and 910.2. r ( ) 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 TD: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOAR CRDER 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. Reeni DuBois Dated: 4-17- 84 J. R. C SSON, Clerk, By _ .��,���o , Deputy Clerk WMM (Gov. (lode Section 913) Subject to certain exceptions. you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notifies] 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 an 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: J. R. CESSON, Clerk, By, Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 O 37 CT.ATM l RECEIVEDMINOR J. SCHMID ATTORNEY AT LAW 1440 BROADWAY TELEPHONE t`+r 1 & SUITE 810 (415) 632-5460 OAKLAND, CALIFORNIA 94612 J. R. OLSSON CLERK BOARD OF SUPERVISORS y� oNTR�+ COSTA CO. By ............C.:.?... utis..........Depufy March 15, 1984 Board of Supervisors County of Contra Costa P. 0. Box 911 Martinez , California 94553 RE : Amended Claim for Property Damages, Claimants ' name and address : Douglas and Genevieve Brodale # 3 Stein Way Orinda, California 94563 Dear Sir or Madam: I represent claimants ' Douglas and Genevieve Brodale. I hereby notify you that Douglas and Genevieve Brodale whose address is #3 Stein Way, Orinda, California, claims damages from the County of Contra Costa in an amount in ex- cess of $400, 000. 00 . This claim is based on massive damage to real property and loss of value to real property sustained by claimants on or about March 19 , 1983 which continued, thereafter, for some months at the location of their residential address as stated above. These damages resulted from a massive landslide which occurred on real property consisting of lots and roadways, designated or known as Barbara Way and Stein Way, Orinda, Contra Costa County, California, which real property, lots and roadways, are located uphill from and adjacent to clai- mants ' residential real property. The names of public employees causing the injury, damage, or loss are unknown. 00 038 r � March 15, 1984 Board of Supervisors Page Two All notices or other communications with regard to this claim should be sent to claimant' s attorney at the above address. Dated this 15th day of March, 1984 . 0 J. S ID, Attorney ffr Claimant MJS:trp cc: Scott Buresh, Esquire Susan J. Mahl, Esquire Mr. and Mrs. Douglas Brodale 00 039 JJs 1 PROOF OF SERVICE BY MAIL (1013, 2015.5 C.C.P. ) 2 - 3 I am a citizen of the United States and am employed in 4 Alameda County. I am over the age of eighteen years and not a 5 party to the within action; my business address is 1440 Broadway, 6 Suite 810, Oakland, California 94612. 7 On March 15, 1984 I served the within 8 AMENDED CLAIM FOR PROPERTY DAMAGES RE: DOUGLAS & GENEVIEVE BRODALE i 9 10 I i 11 in said action by placing a true copy thereof enclosed in a 12 , sealed envelope with postage thereon fully prepaid, in the United i 13 States mail at Oakland, Alameda County, California , addressed as 14 �; follow5 : Scott Buresh, Esquire Susan J. Mahl YORK, BURESH & KAPLAN KOUNS, MARSHALL, QUINLIVAN 15 1709 Shattuck Avenue & SEVERSON, Attorneys Berkeley, CA 94709 1922 The Alameda 16 San Jose, CA 95126 17 FI , I� 18 19 20 21 22 23 I 24 I declare under penalty of perjury that the above is true I 25 and correct. • 26 Executed on March 15, 1984 at Oakland, California. 27 ) 1 28 TERRI R. PACHECO ! (�— �,RI+EY d1As r __-- �a AILCh"Ai.3UM X10 ._ • AMENDED CLAIM Board Action : cum April 17 , 1984 Ulm (W WPEMSM CIF cow cow"t 010ORM Claim Against the County, (9-District ) NNICS TO CtAX"W governed by the Board of Supervisors, ) The copy s t ed to you is pour Routing 16n3orseaents, and Hoard ) notice of the action taken an 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 Pearl Bond and 915.4. Please note all 011arnings". counsel County Attorney: Minor J . Schmid MAR 1 6 1984 1440 Broadway, Suite 810 Address Oakland CA 94612 Martinez, CA 94553 Amount: U ri s p e c i•f i e d By delivery to clerk on Date Received: 1d a r c h 16 , 1984 By mail, postmarked an March 15 , 1984 I. FROM: Eferk of the Board of Supervisors, 70: County Counsel Attached is a copy of the above-noted claim. Dated: March 16, 1984 J.R. OLSSON, Clerk, By f� Deputy I FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only ane) ( ) 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 oi the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to.claimant (Section 911.3). IV. BOARD 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 n is minutes for this date. Reeni DuBois Dated: 4-17-84 J. R. CT,SSON, Clerk, By o—c , Deputy Clerk MHNn G (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail .,to file a oourt action an this claim. See Government Code Section 945.6. — Tcu may seek the advice of an attorney of ycua choice in ommeticn 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 memo thereof has been filed and endorsed an 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. DAM: - /-7- �' S� J. R. MSSON, Clerk, By - 4 ,4� . Deputy Clerk cc: County Administrator (1) County Counsel (2) Q© 041 CLAIM RECEIVEDMINOR J. SCHMID ATTORNEY AT LAW 1440 BROADWAY TELEPHONE SUITE 810 (415) 832-5460 OAKLAND, CALIFORNIA 94612 J. R. OLSSON CLERK BOARD OF SUPERVISORS aL��N7 COSTA g .. ..J: CO.O. Deputy March 15, 1984 Board of Supervisors County of Contra Costa P. 0. Box 911 Martinez , California 94553 RE: Amended Claim for Property Damages, Claimant' s name and address: Pearl Bond #1 Stein Way Orinda, California 94563 Dear Sir or Madam: I represent claimant Pearl Bond. I hereby notify you that Pearl Bond whose address is #1 Stein Way, Orinda, California, claims damages from the County of Contra Costa in an amount in excess of $400, 000. 00. This claim is based on massive damage to real property and loss of value to real property sustained by claimant on or about March 19 , 1983 which continued, thereafter, for some months at the location of her residential address as stated above. These damages resulted from a massive landslide which occurred on real property consisting of lots and roadways, designated or known as Barbara Way and Stein Way, Orinda, Contra Costa County, California, which real property, lots and roadways, are located uphill from and adjacent to clai- mant' s residential real property. The names of public employees causing the injury, damage, or loss are unknown. 00 042 March 15, 1984 Board of Supervisors Page Two All notices or other communications with regard to this claim should be sent to claimants ' attorney at the above address. Dated this 15th day of March, 1984 . 4. ID, ttorney r Claimants MJS:trp cc: Scott Buresh, Esquire Susan J. Mahl, Esquire Mrs. Pearl Bond 00 043 j PROOF OF SERVICE BY MAIL (1013, 2015. 5 C.C.P. ) 2 - 3 I am a citizen of the United States and am employed in 4 Alameda County. . I am over the age of eighteen years and not a 5 party to the within action; my business address is - 1440 Broadway, 6 Suite 810, Oakland, California 94612. March 15, 1984 7 On I served the within 8 i AMENDED CLAIM FOR PROPERTY DAMAGES I 9 RE: PEARL BOND 10 11in said action by placing a true copy thereof enclosed in a 12 ' sealed envelope with postage thereon fully prepaid, in the united 13States mail at Oakland, Alameda County, California , addressed as 14 follcws : Scott Buresh, Esquire Susan J. Mahl YORK, BURESH & KAPLAN KOUNS , MARSHALL, QUINLIVAN 15 1709 Shattuck Avenue & SEVERSON, Attorneys Berkeley, CA 94709 1922 The Alameda 16 San Jose, CA 95126 i 17 � 18 19 �+ 20 II 21 22 1 23 24 I declare under penalty of perjury that the above is true 25 and correct. • 26 Executed on March 15, 1984 at Oakland, California. 27 t 28 TERRI R. PACHECO - W" 00 Ail •.t.Al'm,C/L,FOR,IA X12 � Y- Board Action : CLMM April 17, 1984 Bohm OF' Sam ow CMTM ABTA comff. CRLTFOMR Claim Against the County, or District ) "=cc TO C[AVgW governed by the Board of Supervisors, ) The copy -this document ma led to you is your Routing Endorsements, and Board ) notice of the action takes: an 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 Walter Nie]and & Eleanor �e9 a n d. Please note all 'warningsN. Claimant. County Counsel Attorney: Michael A. Bracco !1AR 21 1984 Law Offices of James D . Biernat Address: 1710 El Camino Real Martinez. CA 94553 Burlingame, CA 94010 Amount: $50, no . 0 0- By delivery to clerk on Date Received f) Ka r c h 2 0, 19 8 4 By mail, postmarked an March 19, 1984 April 16, 1984 /� April 13 , 1984 I. FROM: Clerk of the Board of Supervisors TO: County Codwel Attached is a copy of the above-noted claim. Dated;&) March 20, 1984 J.R. Oi.SSON, Clerk, By Deputy II. iApril 1 , 1984 aen arino PM: County Counsel TO: Clerk of the Board of Supervisors (C TkSri y one) (' ) Thcfa&oompl:y . 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 910.6) . ( ) 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. FTM: 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 CFXER By unanimous vote of Supervisors present ( X) -These amended claims are 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: April 17, 1984J. R. OESSON, Clerk, By , Deputy Clerk MRNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail .to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in comsection 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) Canty 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 mew 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: .�;J, A,... J. R. C[SSON, Clerk, By Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 045 CLAIM • • 1 19- RECEIVED 1 MICHAEL A. BRACCO ._ , LAW OFFICES OF JAMES D. BIERNAT +J 2 1710 E1 Camino Real MAR 610, 1984 Burlingame, CA 94010 3 Telephone: (415) 692-5560 J. R. OLSSON , f CLERK BOARD OF SUPERVISOR$ TRA TA CO. i 4 5 Attorneys for Defendants ! WALTER NIELA14D and ELEANOR NIELAND 6 1 7 I 8 9 I 10 ' 1 11 CLAIM OF: i 12 WALTER HE14RY NIELAND and CLAIM FOR PARTIAL i OR COMPLETE INDEMNITY/ 13 ELEANOR M. NIELAND, APPORTIONMENT OF FAULT (Government Code §910) 14 vs. 15 COUNTY OF CONTRA COSTA 16 17 TO THE BOARD OF, SUPERVISORS, COU14TY OF CONTRA COSTA: I 18 YOU ARE HEREBY NOTIFIED THAT WALTER HENRY NIELAND and 19 ELEANOR M. NIELAND whose address is 649 Terra California Drive, ` 20 Walnut Creek, California, claims damages in the form of total I i 21 or partial indemnity and/or apportionment in fault in an amount (i 22 as yet unascertained, but which will become ascertainable upon the 23 awarding of judgment in action No. 254420 by the Superior Court i i 24 of California, County of Contra Costa. i 25 This claim is based on personal injuries sustained by 26 laintiff DAVID BEN-JACOB on or about August 17, 1983, in the 00 046 �A.11er F17n 1 vicinity of the intersection of Castle Glen Road and Tice Valley 2 Boulevard in the unincorporated areas of Walnut Creek, Contra 3 Costa under the following circumstances : 4 On August 17 , 1983 DAVID BEN-JACOB was backing his Cadillac 5 automobile out of a private drive on to Tice Valley Boulevard near 6 the intersection of Castle Glen Road. As a proximate result of 7 the dangerous and defective condition of the foliage on public 8 property adjacent to said portion of Tice Valley Boulevard the 9 vision of WALTER HENRY NIELAND and ELEANOR M. NIELAND was ob- 10 structed. As a proximate DAVID BEN-JACOB ' s vehicle was stuck by i 11 the vehicle driven by WALTER HENRY NIELAND, who then and there was 12 operating his vehicle in a westerly direction on Tice Valley 13 Boulevard near and adjacent to the above intersection, which 14 condition as aforesaid caused DAVID BEN-JACOB the injuries and ! I 15 damages to him alleged in his complaint. 16 The names of the public employees causing claimants injuries 17 under the described circumstances are not known to claimant. i 18 The injuries sustained by claimant as far as known, as of 19 the date of presentation of this claim, will remain unknown until 20 the awarding of judgment by the aforementioned Superior Court of 21 California in Action No. 254420. i 22 Plaintiff in the above-referenced Superior Court Action No. i I 23 254420 in the Superior Court of the STate of California, County of 24 Contra Costa is claiming general damages , medical and incidental 25 expenses according to proof, property damage and loss of use 26 according to proof , all costs of suit, prejudgment interests , 4 00 047 { { ca-��eC Rnn 1 and such other and further relief as the court may deem proper. 2 All notices or other communications with regard to this 3 claim should be sent to claimant at the LAW OFFICES OF JAMES D. 4 BIERNAT, 1710 E1 Camino Real, Burlingame, California 94010. 5 Date: 6 LAW OFFICES OF JAMES D. BIERNAT 7 , By MICHAEL A. BRACCO 9 Attorneys for Defendants WALTER and ELEANOR NIELAND ; 10 11 12 I 13 14 j 15 J 16 J 17 18 19 i 20 21 22 23 24 25 26 00 048 CA-lIRC R/7A � \ .MAMt AND ADDRESS OF ATTORNEY TELEPHONE NO FOR COURT USE ONLY: LAW 'OFFICES OF FRED L. KURLANDER (4 15) 392-8920 SvMYNS ������ p►.t Attorneys at Law 311 California Street, Suite 618 �Ar. OVA San ' Francisco, California 94104 1 _ g� C•�'�QL� P r� ATTORNEY FOR(Name) Plaintiff — 1 _ cc Insert name of court,judicial district or branch court.it any.and Post Office and Street Address &.r �15 Superior Court of the State of California County of Contra Costa Post Office Box 911 Martinez, California 94553 PLAINTIFF. DAVID BEN-JACOB DEFENDANT. dlALR'$�NRY.NIELAND; AOR"�+I =' ELAI3D; COUNTY OF CONTRA COSTA; DOES 1 through 201 inclusive; FIRST COMPANY through TENTH COMPANY, inclusive _ SUMMONS ASE NUMBER CV NOTICEI You have been sued. The court may decide IAVISOI Usted he sldo demandedo. EI tribunal puede . against you without your being heard unless you respond decidlr contra Ud. sin sudlencla a menos quo Ud. re- within 30 days.Read the information below. sporlda dentro de 30 dins. Lea to Informsclbn qUe sigue. If you wish to seek the advice of an attorney in this Si Usted desea solicitar of consejo de un abogado an matter, you should do so promptly so that your written este asunto, deberia hacerlo inmedistamente, de esta response, if any, may be filed on time. manera, su respuesta escrita, si hay alguna, puede ser registrada a tiempo. 1. TO THE DEFENDANT: A civil complaint has been filed by the plaintiff against you. If you wish to defend this lawsuit, you must.within 30 days atter this summons is served on you, file with this court a written response to the complaint. Unless you do so, your default will be entered on application of the plaintiff, and this court may enter a judgment against you for the relief demanded in the complaint'which could result in garnishment of wages, taking of money or property or other relief requested in the complaint. oATEo: . DEC 2 11983 S. CARD . . . Clerk. By ,Deputy (SEAL) 2. NOTICE TO THE PERSON SERVED: You are served a. P�ItAs an individual defendant. b. As the person sued under the fictitious name of: . . . . . . . . c. On behalf of: . . . . . . . . . . . . . . . Under: CCP 416.10(Corporation) = CCP 416.60(Minor) CCP 416.20(Defunct Corporation) CCP 416.70(Incompetent) �?CCP 416.40(Association or Partnership) CCP 416.90(Individual) Other: T- :�r. 0 Q_ d. 0 By personal delivery on(Date):. � ':.: . . . . . . . A written response must be in the form prescribed by the California Aute& o1 Court. It must be hied in this court with the proper filing fee and Drool Of Mlwce of a copy on each plaintiff's attorney and on each plaintiff not represented by an attorney The time when a summons is deemed served an a party may vary depending on the method of Service For example,see CCP 413 10 through 415 SO The word"comptaint"includes cross-Complaint "plaintiff"includes cross-complainant."defendant"includes cross-defendant.the singular includes the plural Form Adopted by Rule 982 (See~M~hir Prow of service) (�(� Judicial Council of California SUMMONS 00 CCP 412 20.412 30. Revised Effective January 1 1979 415 to 1 LAW OFFICES OF .FRED L. KURLANDER Attorneys at Law Q 2 311 California Street, Suite 618 San Francisco, California 94104 _ 3 (415) 392-8920 JR. DEC 211983 4 c, C lgRASCN' Count STAC�Nlr 5 Attorneys for Plaintiff co'�co�"A 6 rev;:ty 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA - 9 COUNTY OF CONTRA COSTA 10 11 DAVID BEN-JACOB, ) No. � v ,� ,j N 12 Plaintiff, ) COMPLAINT FOR PERSONAL 13 ) INJURIES AND PROPERTY DAMAGE V. ) 14 ) WALTER HENRY NIELAND; ) ELEANOR M. NIELAND;15 ) COUNTY OF CONTRA COSTA; ) 16 DOES 1 through 20 , ) inclusive; FIRST COMPANY ) 17 through TENTH COMPANY, ) inclusive, ) 18 ) Defendants . ) 19 ) 20 COMES NOW, plaintiff DAVID BEN-JACOB, and for a first cause 21 of action against defendants WALTER HENRY NIELAND, ELEANOR M. 22 NIELAND, DOES 1 through 10 , inclusive, and FIRST COMPANY through 23 SIXTH COMPANY, inclusive, and each of them, alleges as follows : 24 1. That the true names and capacities , whether individual, 25 corporate, associate or otherwise, of defendants named herein as 26 DOES and the companies designated numerically, are unknown to 27 plaintiff, who therefore sues said defendants by such fictitious 28 names. Plaintiff prays leave to amend his complaint to show the 00 050 1 true names and capacities when the same have been ascertained. 2 Plaintiff is informed and believes, and thereon alleges , that each 3 of the defendants designated herein as a DOE and designated as a 4 numerical company are negligently , wantonly, carelessly and reck- 5 lessly and otherwise responsible in some manner for the events and 6 happenings herein referred to and the injuries and damages proxi- 17 mately caused thereby to plaintiff as herein alleged. 8 2 . Plaintiff is informed and believes , and thereon alleges , 9 that at all times mentioned herein defendants WALTER HENRY NIELAND, 10 ELEANOR M. NIELAND, DOE 3 and DOE 4 , THIRD' COMPANY and FOURTH 11 COMPANY, and each of them, were the owners of a motor vehicle 12 referred to in this complaint and generally described as a 1978 13 Oldsmobile, bearing California license number 2AAR628 . 14 3. At all times herein mentioned, each of the defendants was 15 the agent and employee of eAch of the remaining defendants, and was 16 at all times acting within the purpose and scope of said agency and 17 employment. p yment. 18 4 . Plaintiff is informed and believes, and thereon alleges, 19 that at all times herein mentioned defendants WALTER HENRY NIELAND, 20 DOE 1 and DOE 2, and each of them, were driving the aforedescribed 21 motor vehicle with the consent, permission and knowledge of defen- 22 dants WALTER HENRY NIELAND, ELEANOR M. NIELAND, DOE 3 and DOE 4 , 23 THIRD COMPANY and FOURTH COMPANY, and each of them. 24 5. At all times herein mentioned, Tice Valley Boulevard and 25 Castle Glen Road were and are public streets and highways in the 26 County of Contra Costa, State of California. 27 6. That on or about August 17, 1983 plaintiff DAVID BEN-JACOB 28 was operating a 1983 Cadillac motor vehicle,which was owned by him, 2 00 051 L 1 which vehicle was being operated on Tice Valley Boulevard, at and 2 about its intersection with Castle Glen Road, County of Contra 3 Costa, State of California. 4 7. At said time and place, the defendants , and each of them, 5 so negligently, carelessly, wantonly and recklessly drove, operated 6 maintained, controlled, entrusted, managed, serviced and repaired 7 said defendants ' motor vehicle along and upon said Tice Valley 8 Boulevard, at and about its intersection with Castle Glen Road , 9 County of Contra Costa, State of California, so as to proximately 10 cause said motor vehicle to collide with the motor vehicle plaintif. 11 was operating, and so as to proximately thereby cause the herein- 12 after described injuries and damages to plaintiff. 13 8. By reason of the premises, and as a proximate result of the 14 said negligent, careless , wanton;.and reckless conduct bf the* defen- 15 dants, and each of them, as aforesaid, plaintiff was hurt and 16 injured in his health, strength and activity, sustaining injury to 17 his body and shock and injury to his nervous system and person, 18 all of which said injuries have caused and continue to cause plain- 19 tiff great mental, physical and nervous pain and suffering. Plain- 20 tiff is informed and believds, and thereon alleges, that said 21 injuries will result . in some permanent disability to the said 22 plaintiff. 23 9. By reason of the premises, and as a further proximate 24 result of the said negligent, careless, wanton and reckless conduct 25 of the defendants, and each of them, plaintiff was required to and .26 did employ physicians and surgeons to examine, treat and care for 27 plaintiff, and did incur medical and incidental expenses. The 28 exact amount of such expenses is unknown to plaintiff at this time 3 00 052 1 and plaintiff will ask leave to amend this pleading to set forth 2 the exact amount when the same is ascertained. 3 10. By reason of the premises, and as a further proximate 4 result of the said negligent, careless , wanton and reckless conduct 5 of thb defendants , and each of them, plaintiff has been unable at 6 times to follow his regular employment, to his special damage in a presently unascertained sum as said loss is not yet finally deter- 8 mined, and plaintiff prays leave to amend this complaint and 9 insert his elements of damage in this respect when the same are 10 finally determined. 11 11 . By reason of the premises, and as a further proximate 12 result of the said negligent, careless, wanton and reckless conduct 13 of the defendants , and each of them, plaintiff has suffered general 14 damages. 15 12. By reason of the premises, and as a further proximate 16 result of the said negligent, careless, wanton and reckless conduct 17 of the defendants , and each of them, plaintiff's motor vehicle 18 hereinabove described was damaged in an exact amount presently 19 unascertained, and plaintiff has suffered the loss of use of said 20 motor vehicle, the exact period of which is presently unknown; 21 plaintiff will ask leave to amend this complaint to set forth the 22 amount of damage and diminishment of the value of said motor 23 vehicle, as well as the period of said loss of use and damages 24 pertaining thereto, when same are ascertained. ' 25 WHEREFORE, plaintiff prays judgment against the defendants, 26 and each of them, as hereinafter set forth. 27 SECOND CAUSE OF ACTION 28 COMES NOW plaintiff DAVID BEN-JACOB, and for a second, separat , 4 00 053 1 and Distinct Cause of Action against defendants COUNTY OF CONTRA 2 COSTA, DOES 11 through.:20, inclusive, and SEVENTH COMPANY through 3 TENTH COMPANY, inclusive, and each of them, alleges as follows : 4 1. Plaintiff repeats and reiterates each and every allega- 5 tion contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 6 12 of the First Cause of Action with the same force and effect as 7 if more fully set forth herein. 8 2 . That the true names and capacities , whether individual , 9 corporate, associate or otherwise, of defendants named herein as 10 DOES and the companies designated numerically, are unknown to 11 plaintiff, who therefore sues said defendants by such fictitious 12 names . Plaintiff prays leave to amend his complaint to show the 13 true names and capacities when the same have been ascertained. 14 plaintiff is informed and believes, and thereon alleges, that each 15 of the defendants designated herein as a DOE and designated as a 16 numerical company negligently, mp y are wantonly, carelessly and reck- 17 lessly and otherwise responsible in some manner for the events and 18 happenings herein referred to and the injuries and damages proxi- . 19 mately caused thereby to plaintiff as herein alleged. 20 3. That at all times herein mentioned, defendant COUNTY OF 21 CONTRA COSTA was and is a public entity under the laws of the 22 State of California. 23 4 . That at all times herein mentioned, Tice Valley Boulevard, 24 at and about its intersection with Castle Glen Road, was a public 25 street and highway in the County of Contra Costa, State of Califor- 26 nia, owned, maintained, operated and controlled by the defendants, 27 and each of them. 28 5. That at all times herein mentioned, said Tice Valley 5 00 054 1 Boulevard, at and about its intersection with Castle Glen Road, 2 County of Contra Costa, State of California, was operated and 3 managed by defendants COUNTY OF CONTRA COSTA, DOES 11 through 15, 4 inclusive, and SEVENTH COMPANY and EIGHTH COMPANY, inclusive, and 5 said defendants , as public entities, were charged with the duty to 6 design, lay out, relocate, own, operate, maintain, control, repair, 1 supervise and improve said highway and road area referred to in 8 this Complaint and to keep same in a safe condition for ug.e by "9 members of the public, including plaintiff herein, DAVID BEN-JACOB. 10 6 . That at all times herein mentioned, each of the defendants 11 was the agent and employee of the remaining defendants, and was 12 acting at all times within the purpose and scope of said agency 13 and employment. 14 7. That on or about August 17, 1983, and at the time of the 15 accident herein referred to and prior thereto, defendants, and 16 each of them, and their agents, servants and employees, negligently 17 wantonly, carelessly and recklessly constructed, repaired, designed 18 laid out, relocated, supervised, improved, maintained, inspected, 19 signed and failed to sign, and controlled said Tice Valley Boule- 20 vard, at and about its intersection with Castle Glen Road, County 21 of Contra Costa, State of California, so that the same was in a 22 dangerous, defective and unsafe condition in that said roadway 23 hereinabove described constituted a trap to motorists .using said 24 roadway in a lawful .manner; in that the posted speed limit of 25 thirty five (35) miles per hour, even if obeyed, was and is 26 dangerous in that motorists obeying it would not have time to 27 bring their vehicles to a timely stop in order to avoid striking 28 vehicles lawfully pulling into the roadway from adjoining properties 6 00 055 1 and in that vehicles lawfully reasonably driving into the roadway 2 from adjoining properties were in danger of being struck by vehicles 3 lawfully traversing the. roadway and in that there existed no 4 warning to motorists traversing Tice Valley Boulevard in a westerly 5 direction approaching its intersection with Castle Glen Road .that 6 even if said motorists followed the rules of the road in driving 7 around the curve prior to the intersection, that said .motorists 8 were nevertheless in danger of striking those vehicles reasonably " 9 and carefully proceeding into said Tice Valley Boulevard, at 'and 10 about said intersection from private premises . 11 8. That on or about August 17, 1983, plaintiff DAVID BEN-JACO 12 was operating a 1983 Cadillac motor vehicle owned by him, and was 13 driving said vehicle from his residence located at 2272 Tice Valley 14 Boulevard onto said Tice Valley Boulevard at and about its inter- 15 section with Castle Glen Road; that said plaintiff drove said motor 16 vehicle at said time and place with caution and care pursuant to 17 the rules of the road; that in the process of driving said motor 18 vehicle from plaintiff 's private residence onto Tice Valley 'Boule- 19 vard, at and about its intersection with Castle Glen Road, plain- 20 tiff's motor vehicle was struck by a motor vehicle driven by 21 WALTER HENRY NIELAND, which was travelling in a westerly direction 22 as it approached the hereinabove described intersection; that by 23 reason of the premises, and the negligence, carelessness , wanton- 24 nese and recklessness of defendants, .as hereinabove described, 25 plaintiff was thereby caused to suffer the injuries and damages 26 as hereinafter alleged. 27 9. That said dangerous condition created a substantial and 28 unreasonable risk of serious bodily harm to drivers and occupants 7 00 056 1 of motor vehicles entering into the hereinabove described roadway 2 from private premises and with due care. 3 10. Defendants, and each of them, had actual knowledge and 4 notice of the dangerous conditions above described in sufficient .5 time prior to the accident involved in this -matter to have under- 6 taken corrective measures to protect against and to avoid them, 7 and to eliminate the trap above-described to protect motorists by 8 providing adequate warnings of the dangerous conditions . . 9 11. Plaintiff is informed and believes, and on the basis of 10 such information and belief alleges that the defendants , and each 11 of them, also had constructive notice of said dangerous conditions 12 in sufficient time prior to the accident involved in this complaint 13 to have undertaken corrective measures to protect against and 14 eliminate the conditions and trap above-mentioned and to provide 15 adequate warnings , because said dangerous conditions<<had existed 16 for such a long period of time prior to plaintiff 's accident, and 17 was of such a nature that in the exercise of due care , defendant 18 should have discovered the conditions and ' theie dangerouslicharacter 19 and eliminated and protected against them. 20 12. By reason of the premises , and as a proximate result of 21 the said negligent, careless, wanton and reckless conduct of the 22defendants, and each of them, as aforesaid, plaintiff was hurt and 23 injured in his health, strength and activity, sustaining injury to- 24 his body and shock and injury to his nervous system and person, 25 all of which said injuries have caused and continue to cause plain- 26 tiff great mental , physical and nervous pain and suffering. Plain- 27 tiff is informed and beligves , and thereon alleges , that said 28 injuries will result in some permanent disability to the said e 00 057 I plaintiff. 2 13. By reason of the premises, and as a further proximate 3 result of the said negligent, careless, wanton and reckless conduct 4 of the defendants , and each of them, plaintiff was required to and 5 did employ physicians and surgeons to examine, treat and care for 6 plaintiff, and did incur medical and incidental expenses. The 7 exact amount of such expenses is unknown to plaintiff at this time 8 and plaintiff will ask leave to amend this pleading to set forth 9 the exact amount when the same is ascertained. 10 14 . By reason of the premises, and as a further proximate* 11 result of the said negligent, careless, wanton and reckless conduct 12 of the defendants, and each of them, plaintiff has been unable at 13 times to follow his regular employment, to his special damage in 14 a presently unascertained sum as said loss is not yet finally 15 determined, and plaintiff prays leave to amend this complaint and 16 insert his elements of damage in this respect when the same are 17 finally determined. 18 15. By reason of . the premises, and as a further proximate 19 result of the said negligent, careless, wanton and reckless conduct 20 of teh defendants, and each of them, plaintiff's motor vehicle 21 hereinabove described was damaged in an exact amount presently 22 unascertained, and plaintiff has suffered the loss of use of said 23 motor vehicle, the exact period of which is presently unknown; 24 plaintiff will ask leave to amend this complaint to set forth the 25 amount of damage and diminishment of the value of said motor 26 vehicle as well as the period of said loss of use and damages 27 pertaining thereto, when the same are ascertained. 28 16 . By reason of the premises, and as a further proximate 9 00 058 I result of the said negligent, careless , wanton and reckless conduct 2 of the defendants, and each of them; plaintiff has suffered general 3 damages . 4 17. That on or about *September 27, 1983, pursuamt to law, 5 plaintiff served a claim for damages in the sum of Fifty Thousand 6 Dollars ($50,000 .00) on the Board of Supervisors of the County of 7 Contra Costa, and did set forth in said claim the date of the 8 occurrence, the place of the occurrence and the circumstances of 9 the accident, as well as the nature and extent of the damages and 10 injuries suffered by plaintiff, as well as plaintiff 's residence 11 address. 12 18. Defendant COUNTY OF CONTRA COSTA has failed and neglected 13 to pay said claim, and has rejected payment of same. 14 WHEREFORE, plaintiff prays judgment against the defendants , 15 and each of them, as follows: 16 1. General damages to which plaintiff is entitled; 17 2. All medical and incidental expenses , according to proof; 18 3. All loss of earnings, according to proof; 19 4. Property damage and loss of use, according to proof; 20 5. All costs of suit; 21 6 . Pre-judgment interest; and 22 7. For such other and further relief as to the Court may 23 seem proper. 24 DATED: December f i , 1983 25 FRED L. XURLANDER 26 Attorney for Plaintiff 27 28 10 00 059 1 MICHAEL A. BRACCO LAW OFFICES OF JAMES D. BIERNAT 2 1710 -E1 Camino Real Burlingame, California 94010 3 Telephone: (415) 692-5560 RECEIVED 4 5 APR 196 + Attorney for DefendantsJ. assort 6 WALTER NIELAND AND ELEANOR NIELAND so SUPERVISORS 7 8 9 10 CLAIM OF: 11 AMENDED WALTER HENRY NIELAND AND CLAIM FOR PARTIAL OR 12 COMPLETE INDEMNITY/ ELEANOR M. NIELAND APPORTIONMENT OF FAULT 13 (Government Code §910) VS. 14 COUNTY OF CONTRA COSTA 15 / 16 TO THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 17 YOU ARE HEREBY NOTIFIED THAT WALTER HENRY NIELAND AND 18 ELEANOR M. NIELAND whose address is 649 Terra California Drive, 19 Walnut Creek, California, claims damages in the form of total or 20 partial idemnity and/or apportionment in fault in an amount as yet 21 unascertained, but which will become ascertainable upon the 22 awarding of judgment in action No. 254420 by the Superior Court of 23 California, County of Contra Costa. 24 This claim is based on personal injuries sustained by 25 plaintiff DAVID BEN-JACOB on or about August 17 , 1983, in the 26 vicinity of the intersection of Castle Glen Road and Tice Valley 1 00 060 CA-1 1 RC 6170 1 Boulevard in the unincorporated areas of Walnut Creek, Contra 2 Costa under the following circumstances: 3 On August 17, 1984 DAVID BEN-JACOB was backing his Cadillac 4 automobile out of a private drive on to Tice Valley Boulevard near 5 the intersection of Castle Glen Road. As a proximate result of 6 the dangerous and defective condition of the foliage on public 7 property adjacent to said portion of Tice Valley Boulevard the 8 vision of WAITER HENRY NIELAND and ELEANOR M. NIELAND was ob- 9 structed. As a proximate result DAVID BEN-JACOB' S vehicle was 10 struck by the vehicle in a westerly direction on Tice Valley 11 Boulevard near and adjacent to the above intersection, which 12 condition as aforesaid caused DAVID BEN-JACOB the injuries and 13 damages to him alleged in his complaint. Claimants were person- 14 ally served with summons and complaint in Contra Costa Superior 15 Court Action No. 254420 on January 7, 1984. Said action is 16 entitled BEN JACOB v. NIELAND. 17 The names of the public employees causing claimants injuries 18 under the described circumstances are not known to claimant. 19 The injuries sustained by claimant as far as known, as of 20 the date of presentation of this claim, will remain unknown until 21 the awarding of judgment by the aforementioned Superior Court of 22 California in Action No. 254420. 23 Plaintiff in the above-referenced Superior Court Action No. 24 254420 is the Superior Court of the State of California, County of 25 Contra Costa is claiming general damages, medical and incidental 26 expenses according to proof, property damage and loss of use 2 00 061 CA-71RC 6/70 _ f L ' 1 according to proof, all costs of suit, prejudgment interests, and 2 such other and further relief as the court may deem proper. 3 All notices or other communications with regard to this 4 claim should be sent to claimant at the LAW OFFICES OF JAMES D. 5 BIERNAT, 1710 E1 Camino Real, Burlingame, California 94010. 6 Dated: y�L �y 7 / LAW OFFICES OF JAMES D. BIERNAT 8 BY 9 MICHAEL CCO Attorney for Defendants 10 WALTER and ELEANOR NIELAND 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3 00 06.2 rn_iiar ai7n