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Home My WebLink AboutMINUTES - 04201984 - 1.15 Board Action : 1,1J March 20, 1984 J. B4MM CP SOPFWSCFt.S Cr C10NM C offm Com f, C RLSPMWA Claim Against the County, or District ) NNICE TO CiAINW governed by the Board of Supervisors, ) The copys t led to yon 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: East Bay Regional Park district Attorney: Les A . Hausrath , Esq . County Counsel Wendel , Lawlor, Rosen & Black FEB 15 1984 Address: P.O . Box 2047 Oakland , CA 94604-2047 Martinez, CA 94553 Amount: Unspecified By delivery to clerk on Date Reoeived: F-eb r u a ry 15, 1984 By mail, postmarked on February 14 , 1984 I. FROM: Clerk of the Boar3 of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated;F e b r u a ry 15, 1984 J.R. CiSSON, Clerk, By )74 qty Helen P . Marino II. FRL'M: Canty Counsel TO: 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 1, (2) Canty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD CFVR 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. YJ - -�_ I Dated: MAR-2-01M4 J. R. CFSSCN, Clerk, By . C ,,,, 10 YY/a:ti, , Deputy Clerk XkMING (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 conu:ection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Cassel, (2) Comty Administrator We notif ied the claimant of the Board's action on this claim by mailing a copy of this document, and a mF m thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimants right to apply for leave to present a late claim was mailed olaima DATED: MAR 2 01 $4 J. R. MMM, Clerk, Bye �� -�� . Deputy Clerk cc: County Administrator (1) County Counsel (2) 000063 CLAIM Les A. Hausrath, Esq. 1 WENDEL, LAWLOR, ROSEN & BLACK RECEIVED ATTORNEY'S AT LAW 2 CLOROX BUILDING R. O. BOX 2047 _ -1 C rt! 1 154 3 OAKLAND, CALIFORNIA 94604 (415)834-6600 J. R. OLSSON Attorneys for CLERK BOARD OF SUPERVISORS 4 B ONTRP COSTA CO East Bay Regional Park District • ••••• -- -... .. : Deputy 5 6 7 CLAIM FOR DAMAGES (INDEMNITY) 8 9 TO: COUNTY OF CONTRA COSTA 10 Claimant, EAST BAY REGIONAL PARK DISTRICT, hereby makes the following claim for indemnity against the COUNTY OF 11 CONTRA COSTA: 12 1 . NAME AND ADDRESS OF CLAIMANT: 13 East Bay Regional Park District 11500 Skyline Blvd. 14 Oakland, CA 94619 15 2 • ADDRESS WHERE NOTICES ARE TO BE SENT: 16 Les A. Hausrath, Esq. WENDEL, LAWLOR, ROSEN & BLACK 17 P. 0. Box 2047 Oakland, CA 94604-2047 18 3 . DATE OF OCCURRENCE: 19 June 7, 1983 20 4. PLACE OF OCCURRENCE: 21 Lafayette-Moraga Trail 22 Lafayette , California 23 5 . NATURE OF CLAIM: 24 The instant claim is for indemnity only. Claimant East Bay Regional Park District was 25 served with a complaint for damages in December, 1983. Said complaint arises out of 26 a court action entitled Miller v. Paul 000064 \ r `1 I Shipley, et al. , Contra Costa County Superior Court Action No. 253429 . 2 6 . DESCRIPTION OF CLAIM: 3 According to the pleadings on file in the 4 matter of Miller v. Paul Shipley, et al. , Contra Costa County Superior Court Action No. 5 253429 , Plaintift is claiming, through her guardian, that she has suffered injury as a 6i result of a bicycle/automobile accident. Miller named the City of Lafayette, the East 7 Bay Regional Park District, the County of Contra Costa, and Mr. Shipley as Defendants. 8 � 7. DAMAGE OR INJURY: 9 Unknown. 10 U 1 8 . ITEMIZATION OF CLAIM: U mllj Dollar amount is unknown. This claimant Iz T 12 � seeks indemnity only for any monies it is w3 � required to pay as a Defendant in the matter 0 , _ ; < 0 of Miller v. Paul Shipley, et al. , Contra Er Oaf 13 Costa County Superior Court Action No. x ° < 253429. ' Wx "m 14 � ma Z O ¢ a o U 'm a ° ° a 'i ° 15 Dated: February 9 , 1984 J � I w 016 I WENDEL, LAWLOR, ROSEN & BLACK 0 w 17 3 By A6 (a 18 ' Les A. Hausrath 19 Attorneys for 20 East Bay Regional Park District 21 22 23 i 24 25 26 !I �I 000065 Board Action : C,M i March 20 , 1984 BOM or SOPEW19WS Cr CONTRA 0031'P, COOffe CAISFORM Claim Against the County, or District ) NOTICE 70 C kV4RNr governed by the Board of Supervisors, ) The copy s t ma ed to you is you Routing Rn6orsements, 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 Covernoent Codes ) given pursuant to Government CodeSectiono913 Claimant: Mrs . Talita Tosteson and 915.4. Please note all unsel FEB 13 1984 Attorney: Address: 85 Davis Road Martinet, CA 94553 Orinda , CA 94563 Amount: $254 . 87 . By delivery to clerk on Date Received: February 13 , 1984By n it t►�a c a os� February 13 , 1984 erti oe awn . I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. 1' Dated: February 13 , 1984 J.R. O[SSON, Clerk, By 40 Y V4.Atc Deputy II. FRC14: County Counsel TO: Clerk of the Board of Supero sors (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: tJ g V By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1)46unty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notioe to claimant (Section 911.3). IV. BMM aRDE[t 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: MGR (1 1QAd J. R. CLS.SCNt Clerk, By��cJ �(QiLt�r c�, Deputy Clerk MUNING (Gov. Oode Section 913) Subject to certain exoeptions, 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 correction 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 an this claim by mailing a copy of this document, and a memo thereof has been filet] 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 t0 Claimant. � DATID:_MAP 2 0 19A4 J. R. Cd.SSONI, Qerk, By �m,� DePaul' Clerk CC: County Administrator (1) County Counsel (2) 000066 CLAIM CL•AIMTO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions -,o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 (or mail to P.O. Box 911, Martinez, .CA) , C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. if the claim is against more than one public entity, separate .claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps RECEIVED Mrs. Talita Tosteson ) Against the COUNTY OF CONTRA COSTA) FEB �3� 195:; or DISTRICT) J. R. OLSSON CLERK BOARD OF SUPERVISORS (F111 In name) ) NTRA� STA CO. B �. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------ d 1. When did the amage or injury occur? (Give exact date and hour) December 2, 1983 Approximately 11:30 AM ----------•T•-��-��----- -��- --- ---- --- ------- --- 2. Where did the damage or injury occur? (include---- - - - city and county) ---- The damage occurred at: 85 Davis Road Orinda, CA ______ Contra Costa-County________ _ --------- ------------ - - ---------- 3. How did the damage or injury occur. (Give full details, use extra sheets if required) County vehicle #2114 partially blocked the 85 Davis Road residence ` driveway making entry into the driveway extremely difficult. When entering the driveway and avoiding the county vehicle, the passenger door was scratched against the mailbox. ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The county vehicle was improperly parked and unattended. 0°er) 00006 r i. ' What are the names of county or district officers, servants or , emp-loyees causing the damage or injury? Unknown ------------------------------------------------------------------------- 6 . What damage or injuries do, you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) see attached ------------------------------------------------- ----------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) by the least cost of the two estimates 8. -----N--------and--------------wit----------------------and-----------.------------- ames , addresses of nesses, doctors hospitals Witnesses: 1.' Mrs .;Marin - 2. MrS.. n. .Clouse 88 Davis Rd. 19 Northwood Orinda, CA. Orinda, CA. ----- --------------T------------------------------------------------- K. List the expenditures you made on account of this accident or injury: j.. `. .DATE ITEM AMOUNT Therepairs have not been made on the car as yet. I claim only the amount for the repairs (see estimates attached), and not any expenses incurred with obtaining the estimates. Govt. Code Sec. 910.2 provides : "The claim .signed by the claimant SEND NOTICES TO: (Attorney)" or by some person on his behalf. " Name and Address of Attorney Claimant's Signature 85 Davis Road No attorney has been retained. Address Orinda, Calif. 4U710 3 Telephone No. Telephone No. 254-2994 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. " 000068 L ESTER G. LAWRENCE & 'SON P.o. sox 37 WALNUT CREEK, CA 94597 27 EXCLUSIVE -VOLVO - DEALER Since 1921 Pt LICENSE NO. 9200 ! �( 1tl6��56Y9 DATE INSURANCE �I- -CAL PHONE'-Vf.;2M ADJUSTER MODELDZ Z SERIAL MILEAGE LICENSE T Lob.,Mrs. Parts Symbol LEFT _etabcs,sue�T Labor Hrs. Parts Symbol RIGHT C�tbel I Lobor Hrs Parts Fender,Fn.&Ext. Fender,Frt.&Ext. Fender Shield Fender Shield Fender Midg. Fender Midg. Headlomp Headlamp Headlamp Door Headlamp Door Sealed Boom In-Out Sealed Beam In-Out Cowl-Post Cowl-Post Windshield Mldg. Windshield Midg. Door,Front Door,Front Door Hinge Door Hinge Door Glass Door Glass Vent Glass Vent Gloss Door Mldg. Door Midg. Door Handle Door Handle Center Post Center Post Door Resor Door Floor Door Glass T-CI. Door Glass T-CI. Door Midg. Door Mldg. Rocker Panel Rocker Panel Rocker Midg. I Rocker Mldg. Floor Floor Quer.Inner Const. Ovor.Inner Const. I Over.-Ext. Ouor.-Ext. ' i Over.Panel Upper JorOuar.Panel Upper Ouar.Lower Ouor.Panel Lower Ouar.Mld s. Ouar.Panel Mld s. w Ouar:Gloss T-CI. Ouor.-Gloss T-CI. REAR MISC. Bumper Ex.-New Inst.Panel Bumper Britt. Front Seat Bumper Gd. Front Seat Tracks Gravel Shield Rear Seat Lower Panel Headlining Floor To _ Trunk Lid Tire %Worn Trunk.Lid.Hin es Trim Trunk Handle Mid s. Battery Tail Light Point&Material 27 �. Tail Pipe-Muffler Back Up Light Antenna _ Frame-Crossmember Gas Tank Windshield T-CL Hub 6 Drum Axle-Housin Spring Control-Arms A-ALIGN N—NEW ON—OVERHAUL EX—EXCHANGE RC—RECHROME U—USED S—STRAIGHTEN OR REPAIR EUMrnar ' - � � -�HnG c LeboS ez . ARTS AND LABOR. IF ON CLOSER ANALYSIS IT IS FOUND THAT Ab Parts S - - RS ARE NECESSARY, YOU WILL BE CONTACTED FOR AUTHORIZATION. S_ REVISED AMOUNT - Tax ,. ) 37 • ii TIME PERSON CONTACTED Sublet S D UNDERSTAND THE ABOVE ESTIMATE AND TERMS. \ S ¢VICE TO BE PERFORMED. INCLUDING SUBLET WORK,AND ACKNOW- OOOO V OF THIS ESTIMATE. TOTAL DATE PRINTERY . ESTIMATE OF REPAIR:COST ' BERKELEY Phone 845-4476 AUTO BODY- BERKELEY,-CALIF. 94702\ DAA NAME__— \!fb, �� g� Q-Sa ADDRESS MAKE '-3 S� ----MODEL�\N_ �� MOTOR SERIAL INSURANCE CO. MILEAGE LICENSE S—�\Z :OWNERS PHONE ADJUSTER Symbol FRONT Labor Mrs. Parts 11 Symbol LEFT Labor 11rs. Ports Symbol RIGHT Labor Hrs. Parts Bumper Fender Fender Bumper Roil Fender Ornament Fender Ornament Bumper Brkt. Fender Shield Fender Shield Fender Mid . Fender Midg. Bumper Gd. Headlomp Headlam Fn. System 'Headlamp Door Headlamp Door Frame Sealed Beam Sealed Beam Frame Horns Cowl Cowl Cross Member Windshield. Windshield Wheel Door, Front Door, Front Hub Cop Door Lock Door Lock Hub& Drum Door Hinge - Door Hinge Knuckle Door Glass Door Gloss -Knuckle Sup. Vent Glass Vent Glass Lr. Cont. Arm-Shaft n Door Mld s. Door Mldg. . License Frame - Brkt. Door Handle Door Handle Up. Cont. Arm-Shaft - Center Post Center Post -Shock Door, Rear Door, Rear - Spring Door Glass Door Glass . Door.Mldg. Door Mldg. Tie Rod .Rocker Panel Rocker Panel Rocker Midg. Rocker Mldg. Steering Wheel Sill Plate Sill Plate Floor Floor Gravel Shield ' Park. Light - Dog Leg Dog Leg Grille Quar. Panel Quar. Pones Quar. Mld . Quar. Mid . Quar. Glass Quar. Glass Fender, Rear. Fender, Rear Fender Mldg. - Fender Mldg. - Fender Pad Fender Pod Minor - REAR "MISC. Horn - Bumper Inst. Panel safle,'Side Bumper.RaiI _ Front Seat Baffle, Lower - Bumper Brkt. From Seat Adj. Baltic, upper � - Bumper Gd. Lock plate, Lr. Gravel Shield Headlining Lock Plate, up. Lower Panel - Top - Hood Top Floor _ Tire Hood Hinge Trunk Lid Hood Mldg. . .. Trunk Lock - Battery Hood Letters Trunk HandlePaint Ornament Toil Light. Undercoat Rad. Sup. Tail Pipe,' Rod. Core Gas Tank SUMMARY Radio Antenna Frame - Rod. Hoses - - Wheel -Lobor *c1QQ Hrs. Q $ �Z%--CL_ Fan Blade Hub 8 Drum- Pons S Fan Belt Back Up Lits S Water Pump Tax $ *k Motor License Frame-Brkt. Sublet - S Yj ((�� f ,1 A-Align .N-New- OH-Overhaul S-Straighten or Repair EX-Exchange RC-Rechrome U-Used 0OD07TQ�TAL S This estimate is based on lowest possible cost consistent with quality work, and as such, is guaranteed. tr«.... -..r .....,.d 6v this estimate or hidden will be additional. BOARD DATE Date & Initial Indexed 4z1 , Numbered Staples Removed Ready for keypunching Has been keypunched All orders are in and this file is ready for microfilming Has been microfilmed Ready for storage Board Action : CLAMMarch 20, 1984 MW OF SOPERVI9M CP XNNA C WM CII wry C WMM r Claim Against the Oounty, ac District ) WNICE TO CIADIM governed by the Board of Supervisors, ) 4tfe copys t ma ed to you is your ibutingEndorsements# and Board ) notice of the action take: 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: Mark L . Hawkins County Counsel Attorney: Lowell E . Richards FEB 14 1984 Address: 1134 Contra Costa Blvd Pleasant Hill , CA 94523 Martinez, CA 94553 Amount: $670 . 00 . By delivery to clerk on Date Received: Fe-bruary 14 , 1984 By mail, postmarked odebruary 13 , 1984 I. F M—: Clerk of the Board of Supervisors TO: Casty Counsel Attached is a copy of the above-noted claim. " Dated:F e b r u a r y 14 , 19 8 4 J.R. C LSSCN, Clerk, By gA4c) Deputy lic I all r . II. FRD4: County Counsel T0: Clerk of the Board of Supery sows rte` (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 an 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: JL,�,� Deputy County Counsel III. FROM: Clerk of the Board 70: (1) County Counsel, (2) Canty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BCAF0 CSR 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. Dated: MQR G 0 1qAA J. R. CESSCN, Clerk, By .� !� LCt , Deputy Clerk SING (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 Cassel, (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 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. Q DATED: MAR 2. 0 1984 J. R. CISSON# Clerk, By AWL� / . Deputy Clerk cc : County Administrator (1) County Counsel (2) 000071 CLAIM CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COVturR2R1?Ji application to; r' �• Instructions to Claimant Clerk of the Board F.0.Box 911 A. Claims relating to - causes of action for. death or fo�einjurynito4533 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 of this form. RE: Claim by ) Reserved for Clerk' s filing stamps �g �. . /��k ► rvs RECEIVED Against the COUNTY OF CONTRA COSTA) { r- •- or DISTRICT) �- R. OLS SUPCLERK BOARD OFFSUPERVISORS Fill in name ) J I ONTR C T{?$ A COABy D epwy The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in supportof th}sgl9-aim represents as follows : --------------------------------------- -------- ----Wh-en--didth_e se or injury occur? (Give exact date and hour) ------ ----------- °s-____---------------- --------------------=-- 2. Where did the or injury occur? (Include city and county) ______--- _________� ------------------ 37--pow ----------__ ---____ _____T 3. Aow did the eke a e or injury occur? (Give full details, use extra sheets if required) / swa y . , y AVTe Tr a ______________________________________ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? ' '�" �� / �7G0K iN /Y1y /�l�G ��. r'V� a �h �� T/I t y LOS / 1, 000072 (over) What. are-t .namesof county or district officers, servants or employees:;causing the damage car ;n jur ? E Do t�c`l- Kw0w who � /e�/ Y ,7� )T� As ,1�, f' j �►'! 7 N -E' %� w �' foo i7= r� , oat �y �.�o l 4�T' ------------------------ -- - - --------- ----- ---------- --- 6. What damage or injuries do you .claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) e, b 7 Pk) Ey .S�I l�D a u e�� Gly�(7e k y ev ��e_ e L736-1 clL Z --- 7 . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------- ------------------------------------------------------------------ 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------- 9 . List the expenditures you mad on account of this accid nt or injury: DATE y l C� ITEM /%MOUNT - l7_ t,S� �" �x.�R1��"jifrL� Fr �? /� J� t•� f" BHc6tel-t wa del Gold on�{vro�oT% Govt. Code Sec. 910.2 prow des : y "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney //., = � ✓ �.�` ciY �.OI.J �.L�. �, /�!C q ✓�s C aimant ignature /9�y (` c N T,n Cos76r 911 C' dd S PL P R 5 a n1T ,y e i i �,:�#, 9yS Z3 lJ�o 9vs 70? Telephone No(Y1 (p hep-swa n Telephone No. 1,5,Q$a-15- 3 7 2- /C/° 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. " 0000'73 * INCIDENT REPORT CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT INCIDENT (� Q INCIDENT: O ST FACILITY: REPORT #: y DATE/TIMEc�' Iy� `64 DATE/TIME ? ,/,-z y LOCATION: d l�u�� OCCURRED: ) ,� I S REPORTED: / 111 / 5 LOUSING a4wbN.5INMATE: /`�/C/` VNadBOOKING #.493- S 59 SSIGNMENT: Last First Middle l WITNESSES) -- LIST -- Name - Address If an inmate, give booking #: SYNOPSIS: 1.i1\Uv /I'I 6TES NARRATIVE: 61\1 -TNfS Dawn ' I-JaLihiys me-rHER 0—/Y& :;Lrn0A1 C-44M,4- TQ --`7"I-ff -- MD/" -7Z) - jP:ck UD /LI1994S 4L Si :30AJIV TNL- Y M S r=i K a ry a ic H fim p iRK6 ALT TH FIT w►9-S 4i-S7252> oOAt c.PGRTU kkcrit r7, 61 -ZE3 !I . I C-LELISLE-b q /ors C /dT/f%.,yG ACTION TAKEN RECOMMENDED:- / Ihyx 0 g REPORTING EMPLOYEE # SUPERVISOR T NS ECT R i O.D. ROUTING INSTRUCTIONS: 000074 White to Facility Manager - Yellow to Booking File - Pink to Inmate By: Gold to B.A.S. Page one of Rev_ niun Board Action : CLAIM March 20, 1984 --IMM OF SUPP:[t 79C1siS OF CWMA COMA CX Mff, OUMMMMA Claim Against the County, cc District ) NMCE 10 CUIIY4W governed by the Board of Supervisors, ) The copy s tma ed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. A11 Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government tbde SectlM#gounsel and 915.4. Please note all "Warnings". Claimant: California State Auto Assoc . & Janet Young FEB 15 1984 Attorney: Martinez, CA 94553 Address: P . O . Box 4019 Concord , CA 94521 Hand delivered by P . Young Amount: $422: 61 By delivery to clerk an February 14 , 1984 Date Received e b-rua ry 14 , 1984 By mail, postmarked on I. PROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: February 14 , 1984J.R. 0[.SSON, Clerk, By Fd'W4z ��i qty e en arino II. FROM: County Counsel TO: Clerk of the Board of Supery cors (Check only one) (i) This claim complies substantially with Sections 910 and 910.2. ( ) This claim PMIS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - �- s�� By: Deputy County Counsel III. FRCM: 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 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. p Dated: MAR 2 01984 J. R. Oi3SON, Clerk, By I , Deputy Clerk RUNING (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 consection with this matter. If you want to consult an attorney, you should do so immediately. V. PROM: Clerk of the Board TO: (1) County my 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 documenit, 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. Deputy Clerk DAM:_��R 9 0 1284 J. R. QISSOI�i, Clerk, By cc : County Administrator (1) County Counsel (2) 000075 CLAIM •CLAIM,TO.- ' BOARD OF SUPERVISORS OF CONTRA COSTA 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 tamps FE Iq 1984�p a.. A ainst the 6UNTY Of CONTRA COSTA) J. R. OLSSON CLERK BOARD OF SUPERVISORS or DISTRICT) ONr So�srA �o. Fill in name) ) s - De The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 9-a and in support of this claim represents as follows: ------------------------------------------------------------------------ d 1. When did the amage or injury occur? (Give exact date and hour) ------ ----T-------------- ---------------------------------------------- tj�2. Where d�.d the damage or injury occur? (Include city and county) ..g a - --- - ----- - - ----- 3. How did the damage or inj ry occur? (Give full details, use extra sheets if required) n -- --- ----------------- --------=-- ----------------------- 4 .- What par-=ticular act or omissi- on on Uart of county or district officers , servants or employees caused the injury or damage? 000076 (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? ------------------------------------------------------------------=------ 6. What damage or injuries do you claim resulted? (Give full extent -of injuries or damages claimed. Attach two estimates for auto damage) !/ n —- -- — — Z oL('C -- G� , -- - -- -- ----- ------------------- --------- -------------- -- 7-. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 0 . oro Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Atrtorzrep C1 •mant' s Signatu P. o ( Address Telephone No. 7 % L / Telephone No. . NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud., presents for allowance or for payment to any state board or officer, or to any county, town., city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill , account, voucher, or writing, is guilty of a felony. " 000077 G1.6lm For Damages In accordance with Section 910 of the California Government Code, this is to formally place you on notice of our subrogatrWaail.056 loss described below. Date: 707 19 84 Contra. Costa Count; Publuc !;orks CC:'=C3n, California Shell Avenue Alartinez, California Claim is hereby made and filed against the Contra Costa. County Public !-,orks as follows: Name of Claimant: California State Automobile Association Inter-Insurance Bureau Address of Claimant: (Send notices to this address) P• 0. ??ox %;019, Concord, Calif. 9)->2I.1 Date of Occurrence: November 28, 1983 Place of Occurrence: t. Iia.rys Rd at Camino olorados, Lafayette Nature and Amount of Damages sb22.26 Items Making up said Amount: Repair &: re;acement costs Name of Public Employee(s) causing said Damage(if known): Hank ':?esley Travis, Lafayette Police Dept, Facts & Details: Your CY•iwer atter:pted to pass our insured's vehicle in an inte ,section. '.rile doing so he struck the LIF fender of our insured's vehicle, dar.^.aginL� same. See estimate. czee police report. California State Automobile Association Inter-Irk urance Bur au 000078 By: f1688 (REV.5-78) �•,�.> assignment of claim and subrogation agreement In consideration of the payment to the undersigned of Cl the sum X272.26 Ela sum estimated to be V.40 JK-; DRH1 SVT. ?Y —, C ^_'D 26/100 — — — — — — — — — — — — — — — — — — -- - — — — — — Dollars, being the full amount of loss and damage insured against under an automobile insurance policy, number °^ issued to the undersigned by the CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU, said loss and damage having occurred on or about the 26th day of November S: her 19. the said undersigned hereby assigns and transfers to said Bureau said claim in the above amount plus "ger additional claim for damage resulting from said accident, not covered under said policy of insurance, in the amount of$ 150.00 constituting M a total claim ❑ a total estimated in the amount of $ )422.26 n Said Bureau is hereby subrogated in `r place and stead to the extent of the above amount of the said total claim and is hereby authorized and empowered to sue, compromise or settle in her name or other- wise to the extent of said total claim for loss and damage, and to endorse in my name any check made payable to me therefor, and collect and receive any money payable thereby. The undersigned covenants that 'he ha s not released or discharged any such claim or demand against such party or parties and that she will furnish to said Bureau any and all papers and information in her possession, necessary for the proper prosecution of such claim. Dated at this day of 19 WITNESS P1433 (REV.7-77) 000070 t ♦ ♦ �J a Ara :`ti 'xti•��r�t y Jr'_.,a�-.•. ^•sJ '`y} _` `V '' r ry ..'.••a.a JY ti x.r. ,••. r,ti'• •'.1Tr'3'Y• �11 Y.E 'Y +'. �x 4 J. r itr,:,,rf ,J 's Y i t, •v'.�h x\t~3 a Y1'• 1 t' c;� • � ' .. . , 1. • ,aci.;i'a lt..• :f•3' •. .., . `.< y �4' s'S ih'C�•l { 'L `.' `",, "a.S r a ^, "*' ~ , . , .c . . s .., . . . .l a • .. .a. r • , - • `• ,•s :.` . .�.JT.•+t'Yfs: rii•l :r"i.'.�' t T. . . r . v. .`. �.' : x'.4• t J 'Y•Y�•'E c f••' Y3 - l',:a'r', r .1`itir`tii , `x i r r�• a`'4'l .'>:r '• •1�a'•i1 •.,'• •'�'`'.. '� y`vC ,r,t.. \rr,4;,_Jf{.: .,` ,Y '•f'tir 'i'.j iY . 1:S} f':.•.'.'.•. l .lY`hw•A�rt''��•f`i`r• •1ti:{i�.if. .t�`rYr`�'r. 1 r.� J 3 Sa,�a�[ t '�I` .'\ 3 � ' ��l • 1ti{r��'-r i`\�.•. .a : .. > t f a 'lei' 3 r' �SIF(s,i c s.hl as J�X..S r4 c4 t>�r� �l �`ll'��an a]�4•aiJ�all�'.i• •..i• la • r'. l lLVJ.i.L! }.hAJ-1..J a�J l��U_ la.Atia.sJ.31JI.�.A � -xY�At N. ..1HvLV j�//� 4 California Statek din_obileAssociation Inter Insurance Bureau 2166 ATE Of LOSS ; OATC - L .11-26-83 . > A1._06�654 6..,� _. t' ,,Yf1UNG,DAV1L,flR_:1AN�TML ,. :• M,.: -_=' •. OLICY NIMD}�Of LOSS., SUf�FyI•I,{c CL AIMA!.T'LS Mayj ...T _,1 1 PAI {. ,�, ,•„{f i = --.,.AUTO _..J/�L.-: �* -.-f:~_. .Y l!' a1? t �• r: _ �N `. {.:_ i,f c 'r a a-a<., _ti. AV�AiAF��AKET_L X6272 �b� a.n p " AOJU ST[R HO w. 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Win dahi lel Wheel _f _ Doer front. .4 - ?= �' r:Doer Aont.;. oor_Miepe - V Nuh,S Drum -,. /t"D`oo: - Door Glatt` ,�:%, }i• a r � N. �. Knuckle •:..._-.' ;Vent iilnt i:.•Ven1 Glass Knuckle Sup C:=Doo r Midp U..Cont.'Mm .;�-Door Handle Handle'.' r,. s.�•Yk.- _ :,c U,Cont Shah-...a' .: _ Cenrirpoat"- tenUr Post Up.Com.'Arm '. : . y_ oor`Rear';' .= ;;,:,Door aur iheck--.:::_...._. - .-.... DoorGlaai-: - --`-- - =`DeoCGlni _ •"— I Myp " 'Tie Rod - . . . .„ :=cocker Panel .. r.. :'.1 .,:', ,.:.Rocker Panel ' - SgeAno Gee ., _ _: -.;. -:_Rocker Mld , --.i-:,-. •'-:'.Rocker Mld + ,C. .••- Steering Whu1 - .`...-;" Floor +Floor -Horn Nino .. r. -Growl Shield -". J.DpO-lep , . '.,.:. Park.tight - ..... ; .� - _:: :r.0uar:pant! .r: .�:: -. •;'Ouar.Panel - tad.Grille.Or. r;. Quar.Mid p• Gua.Mldp. : • ' c.- tad.Grille.Side var.Glass:!- Shield l Qut.::, *fill MHO. Stone Shield `;. "i ?-.Srom Shield ;,• .llvmpar ' :-•,::;, •Inn.Panel _ - ;- ;,. Name PLtN > .. S.Sumpor Orkt. =-*Front Seat F4m Sumpei Gd. : from Seat Adj. ReMM.Side Gavel Shield "?rim r; tall4.fewer L"or'Panel. Uppair _ - ' .. '•_'!leer _Y,. ..n - -` .ToP _ — _ _ _ ..,�:i_ .Lock►isre,U. : '.`: -.:.._ .. :`. :. ':.Drunk aid - - i +::, Tire -% Worn . -- - Lack Plate,Up. i trunk light Tube ' NOW Top ::• . Trunk Handle Serrery Need Xinpe -., :...., ...,` .-. ' Tail light ::..- ...: ,. >; ',r •.' tint .. r hood Mk49. ,. :-,:Tail Pipe Undercoat Geri Tank.`—.--.— - Red.Svo. ;: frame.•iAl Sofr r. 1 -Sed.Care.: >.': ::;:. :-.�;-Wheel - '_:: . Anti fresae ..'.:Mub L Drum - -.S '-- `- Rod.Me:.. - Ael. _ E TIMATE_ VOID 30 DAYS AFTER fon nod. - ....•. Spring ' .:., .. DATE fen aelt Water Pump Alts. CAPITULATIONShister ' Labor HounLF Clvtcb Unkge Parts!t Material —IMS Disc.'_ l.. _ PMIS ESTIMATE,'SASED ON OUR INSPECTION, DOES NOT Sublrt k Nd 1teln/ Tax INCLUDE ANY ADDITIONAL PARTS OR LABOR THAT MAY BE REQUIRED AFTER THE WORK HAS BEEN STARTED. OCCA— 00,008.1 O O.O p�' 8IONALLY, AFTER WORK HAS BEEN STARTED. DAMAGED OR Q BROKEN PARTS ARE FOUND WHICHWERE NOT EVIDENT ON Total f_•.'�``ri �'^� -• THE FIRST INSPECTION. BECAUSE OF THIS, THE PRICES HEREWITH ARE NOT GUARANTEED." (NOTE—WE NEVER AUTHORI217 RFPAIRSt t. J . _ I t I y', 'l j - .._'S _,. yA*.-- -�.,_,t - . {--i"ri•r ,_ -A4._..__-j ljp -s .... J 7 . s \ r i •-..=-i--.a�rJ(Y x i` .,•yp_ .� 1 -e+._ '{ v. r t {yxL. 1i - vet -r1. �. 7 .. ~ l:iS .:. rs�r. q+aS- Y.y2 '.a. ee,..t.++,k ^c`,:.'i r. !_{m "r'y' ..... ..... n"d`--ai .F. s3✓[ •. B _�xl. G '.rv�t j i �J .y ( L /. ,y L - G F.....sz.' L- A saa aisz •�R«-.e w a+ -cAa m.L.... 7r-'s..a tEr '., F jlr4 st' 3'r}.•r, , .�.r �., a- .e T -Y•I wL _i "!�-: -h ] S�....f'_,Y' -'- R 1-x',,J_ `.'. s f r• L r.._ Y - .�� - n. •-'-- '-c.i-rv. 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' 1. �ri i Eat'\ �.5 l- 5i+�.Clr i\✓.a a-4.4i ta.L '{„ 1? ,.lYao f'Y M_ Yv -, . .ar 4t.Sr .-L ,1. �i .+F.�FL�5.. .. ~.yM* h a .. 1 Y . w .. ... yr .. _ „_ . .. -. \ ... ..-, x - „' ....:.,..:.a_ r ... -a. v L b:♦ ... A9 ( . .{^ _ 1. ' _ - A r _ ':j.1 K i . r "[rr' .4 .jw♦ ALt} r,r(„ -.11�t rl X d " 7..�ftr' a7'/i • ' x ,Rr ..4j. J .t. .k J,._ � i. ._ - :..... ... .. ( �,. jC 7f -rxs Y.:. !i^Pr. a w a > , . - ,, ♦ .Ir.'s. ..:+z ♦...,1.. t, .:T - (-- r . A.. .. .; - - - .: .:•000Og2. . Board Action : CEM March 20, 1984 BOARD o8 SOPWVISORS Q+' f]DRM. OM PPY, 0LUFMNIA Claim Against the County, at District ) RMCB TO CL%THR P governed by the Board of Supervisors, ) The cops► s t ma lea to You is your Routing Indorsements, 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: Dale & Diane Cummings Attorney: Steven L . Weiner County Counsel Address: 2723 Crow Canyon Road , Suite 208 FEB 15 1984 San Ramon , CA 94583 Amount: Unspecified By delivery to clerk on M !lei, CA 94553 Date Received€b ru a r y 14 , 1984 By mail, posFeb . 13 , 1984 er i ied I. PRomF%I�S: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. l�� A� � f� February 14 , 1984 J.R. OCSSON, Clerk, By �Ce-,cJ i• v ✓ICL d Deputy Dated: 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 amply 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 93-1.3). ( ) Other: Dated: _ / - l/ By: :z„ , ,_ Deputy County Counsel e III. PR X: 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 OFIER 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. l , Dated: � J. R. CI.S.S0Nf Clerk, By Ka a , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, You have only six (6) months from the date this notice was personally served or deposited in the mail .to file a court action on this claim. See Goverment Code Section 945.6. You may seek the advice of an attorney of your choice in caiv ection with this matter. If you want to consult an attorney, you should do so immediately. . V. FROM: Clerk of the Board TD: (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: MAR 2 01984 J. R. C[.S.SON, Clerk, By P Qc� l�Yl cit ,,� r qty Clerk cc: County Administrator (1) County Counsel (2) 000083 CLAIM RECRI�j TO: County of Contra Costa V ED Clerk of the Board of Supervisors P. O. Box 911 ~ Martinez, CA 94553 QER �' R O � K BOARD � ON By,. NTRq OST USO PERVt RS A Co eputy Law Office of Steven L. Weiner hereby presents this claim to Contra Costa County pursuant to Section 910 of the California Government Code. 1 . The name and post office address of Claimants are: Dale and Diane Cummings; 820 W. 14th St. , Antioch, California. 2 . The post office address to which Mr . and Mrs . Dale Cummings desire notice of this claim to be sent is as follows: c/o Steven L. Weiner, Esq. , 2723 Crow Canyon Road , Suite 208, San Ramon, California 94583. 3 . On November 5 , 1983•, while fishing off bridge , claimant was struck by moving train . As a proximate result of the City or County' s negligence in placing the fishing area in such proximity to the railroad tracks and as a proximate result of Amtrack and/or Southern Pacific Railway striking claimant, claimant Diane Cummings was severly injured and her husband , Dale Cummings may have a Cause of Action for loss of consortium. 4 . Claimant suffered severe personal injury to wit : head, neck , back , shoulder, contusions, lacerations, resulting pain , and stitches. 5 . So far as it is known to Steven L. Weiner, attorney for claimant , at the date of filing this claim, claimant , Dale and Diane Cummings, have incurred damages according to proof. 6 . The name or names of the public employee or employees responsible is/are unknown at the time of the presentation of this claim. 7 . At the time of presentation of this claim, claimant Dale and Diane Cummings claim damages according to proo ./ PDated: February 13, 1984 TEVEN L. WEINER Attorney for Claimant 000084 Board Action : CLAIN March 20 , 1984 BOARD OP SUPERVISORS OF COMMA COSTA COMff# OLIFOMA Claim Against the County, or District ) WNICE TO CAINA!" governed by the Board of Supervisors, ) The copys t ma 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 Gbvernment Code Section 913 and 915.4. Please note all 'Warni8peNY Counsel Claimant: National School Transportation Attorney: FEB 15 1984 Address: GAB Business Services Inc . Martinez, CA 94553 P . O . Box 6788 , Oakland , CA 94621 Amount: $5 , 0007. By delivery to clerk on Date Received: F-e b r u a r y 13 , 1984 By mail, postmarked on February 8 , 1984 I. FRCM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated:F e b r u a r y 13 , 19 8 4 J.R. OLSSON, Clerk, ByQJ Deputy Melen P . Marino II. FROM: County Counsel 70: Clerk of the Board of Supervisors / (Check only one) C 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 an ground that it was filed late and sena warning of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: Dated: -J. (< By: �'. � �� ,L;, Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD Q[tDER 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. 1 Dated: MAD 9 n toon J. R. CES.SON, Clerk, By.� /W&� , Deputy Clerk WAF6MC (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 coirt 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 notified the claimant of the Board's action on this claim by mailing a copy of this docment, 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 la,,late claim was mailed to claimant. ,, By 4�J V ) ' &A&iu Clerk DATED: MAR 2 n 184 J. R. C[.SSON, Clerk , Deputy CC: County Administrator (1) County Counsel (2) r�o(lo p S CLAIM V lJ O l GAB Business Services Inc 401 Roland Way P O Box 6788 Oakland, California 94621 Telephone 415-638.6741 Branch Office ERECEIVffl February 8, 1984 Sheriff ' s Department 3 Contra Costa County P. O. Box 391 SSON Martinez, California 94553 SUPERVISORS Ta/e RE : GAB File : 48504-31716 Principal : National School Transp . Insured : Taylor Bus Lines . D/Claim : 12-8-83 Location : Pittsburg-Antioch Highway at Loveridge Road Contra Costa County Unincorporated Dear Sirs : On the above date , a deputy of the Contra Costa Sheriff ' s Office , Badge 39126, was directing traffic at the above intersection . An accident occurred which was due to his nealioence in directing traffic . This letter is to put you on notice we are submitting a claim for damages to our DrinciDal ' s vehicle . At this time we estimate damage to be in the amount of $5 , 000 . We point out our bus driver was indured, at least two child- ren were also injured . Two other vehicles involved sustained damaae and possible iniuries . This tetter is forwarded to you within the 100 day statute of limitations . Please respond at your earliest convenience. Cordially, Torry Brown, Adiuster TB : ck 00008'7 Board Action : QAIK March 20 , 1984 t BMRD OF SUPERVISORSQr d'W9 Com comyr auxr 3 m Claim Against the County,, ac District ) "MCC TO CLAV4W governed by the Board of Supervisors, ) The copys t ma ed to you is pour Routing Endorsements, and Board ) 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 and 915.4. Please note all 'Warnings•. Claimant: William F . DeJarnett & County Counsel Barbara D . DeJarnett Attorney: Curran & Alschuler FEB 14 1984 629 Oakland Avenue Address: Oakland , CA 94611 Martinez, CA 94553 Amount: $165; 000 . 00 By delivery to clerk on Date Received: Rebruary 13 1984 By mail, postmarked an February 9 , 1984 I. pTm: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated.February 13 , 1984 J.R. OLS.SON, Clerk, By Deputy --Re en P . Marino II. FRLM: County Counsel M: Clerk of the Board of Supervisors (Check only ane) ( ) This claim Implies substantially with Sections 910 and 910.2. (�() This claim FAIIS to oanply 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: ii ii, Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BMRD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) other: I certify that this is a true and correct copy of the Board's Order entered n is minutes for this date. n Dated: as�. n ]g$4 J. R. 0iSS0A1, Clerk, By f Y( , Deputy Clerk PL4RNn 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 court action an this claim. See Government Code Section 945.6. _ You may seek the advice of an attorney of yaw 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 notified the claimant of the Board's action an 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 presenit, a, late claim was mailed DATED:.MAR 011184 J. R. OLS.SON, Clerk, Byy�l�c.(�uJ ✓ V(Cc��u�. qty Clerk cc: County Administrator (1) County Counsel (2) 000088 O n O o Q CLAIM V 00 �c E V D i 1• kA�95Fir'� �FE�� s�AR� aP 9UPEq�li9�i NT TA GO, In the Matter of the Claim of ) ) WILLIAM F. DeJARNETT and ) NOTICE OF CLAIM BARBARA D. DeJARNETT, his ) wife, ) TO THE COUNTY OF CONTRA COSTA, ITS OFFICERS, AGENTS AND ' EMPLOYEES : PLEASE TAKE NOTICE that a claim is hereby made on behalf of WILLIAM F. DeJARNETT and BARBARA D. DeJARNETT , his wife , of 119 Fairfield Place, Moraga, California, as follows : 1. That , in the immediate vicinity and adjacent to the claimants ' land and dwelling a drainage easement was dedicated to the COUNTY OF CONTRA COSTA or its designee for public use for storm water drainage , including construction, access or maintenance of works , improvements and structures whether covered or open or the clearing of obstructions and vegetation. 2 . That portions of the easement were improved by, among other items , paved streets , curbs , gutters , storm drains and other utilities , all of which were deliberately designed, constructed and maintained . 3.. That the conditions created thereby, including drainage of surface and subsurface waters , have all contri- buted to instability, subsidence and failing of certain 1. 000089 portions of claimants ' real property, placing their single family dwelling in hazard, constituting a nuisance created by the COUNTY OF CONTRA COSTA, and also amounting to a taking of claimants ' property without compensation. 4 . That the foregoing acts and omissions were and continue to be negligent. 5. On behalf of the above-named , undersigned makes this verified claim against the COUNTY OF CONTRA COSTA for the sum of $165 , 000 . 00 . All correspondence should be directed to the undersigned. Dated : February 9 , 1984 . CURRAN & ALSCHULER, A Professional Corporation By _ Z w -Arfschuler 000090 2 . 4, I VERIFICATION i 2 I , G. .A. ALSCHULER , declare: 3 I am an attorney at law admitted to practice .before all 4 li courts of the State of California and have my office in Alameda `I 5 ! County, California, and am the attorney for WILLIAM .F. DeJARNETT 6 and BARBARA D. DeJARNETT in the within action; that 7 ; said party (ies) is unable to make the verification because 8 said party(ies) is absent from said County, and for that reason 9 affiant makes this verification on said party's behalf; that I 10 have read the foregoing NOTICE OF CLAIM 11 and am -informed and believe the matters therein to be true and 12 on that ground allege that the matters stated therein are true: 13 Executed on February 9, 1984 .at Oakland, 14 California. 15 I declare under penalty of perjury that the foregoing is 16 true and correct. 17 18 / 19 f di A. Achuler 20 � 21 22 23 24 25 is 26 i' 27 is 28 i i 000091 1 PROOF OF SERVICE BY MAIL - C.C.P. §§ 1013 (a) , 2015. 5 2 I am a citizen of the United States, over the age of 3 18 years, employed in the County of Alameda, and not a party to 4 the within action; my business address is 629 Oakland Avenue, 5 Oakland, CA 94611. 6 On February 9, 1984 I served the attached 7 NOTICE OF CLAIM 8 9 10 on the parties to said action by placing a true copy thereof 11 iri a sealed envelope with postage thereon fully prepaid, in 12 the United States mail at Oakland, California, addressed as 13 follows: 14 Clerk of the Board of Supervisors 15 County of Contra Costa 651 Pine Street 116 Martinez , CA 94553. 17 18 19 20 21 22 23 24 I declare under penalty of perjury that the foregoing 25 is true and correct. Executed at Oakland, California, on 26 February 9, 1984 27 28 F. Mille 000092 CIAM Board Action : 14 j 40 =pow / BCM Cr giPE 190itS fF CORM CIM Comm. (aLIlMMA ✓JZ�u � 2 t� l��y Claim Against the county, at District ) 16yi'ICE To CLAIPPM governed by the Board of Supervisors, ) The cops► s t ed to you is yam Renting Endorsements, and Board ) notice of the action taken on yaw claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, belay), to California Government Codes ) given pursuant to Government code Section 913 and 915.4. Please note all •ffarnings•. Claimant: Yamashita , Kumao & Teruko County Counsel Attorney: Craig A. Starr Bledsoe , Cathcart , Boyd , Eliot & Curfman FEB 2 9 1984 Address: 650 California St . Suite 2828 ivlartinez. CA 94553 Amount: Unspecified By delivery to clerk on Date Received: —February 16 , 1984 By tel, postmarked an February 15 , 1984 r I. PiiC : Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Q Dated: Feb . 16 , 19 8 4 J.R. OLSSON, Clerk, By ��,c / car c Deputy Helen P . Marino PRCM: county Counsel 70: Clerk of the Board of Super 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. IRC14: Clerk of the Board TO: (1) County Counsel, (2) Canty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD CBCR By unanimous vote of Supervisors present (�) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy the Boar 's Order entered n is minutes fpr this date. Dated: *UL A,, J. R. MSSONj, Clerk, By Deputy Clerk MRNM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served cc deposited in the mail .to file a cart 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 attorneye, you should do so immediately. V. PROS: Clerk of the Board 70: (1) Canty 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 meso 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.,t t,� Jac dui �) via Deputy DATID..�1� - /9�� SCBT J. R. CYS , Clerk, By �-� , Clerk cc: County Administrator (1) County Counsel (2) n�� n o Nal. CLAIM 1,�J 1 CRAIG A. STARR, ESQ. BLEDSOE, CATHCART, BOYD, ELIOT& CURFMAN 2 SUITE 2828 630 CALIFORNIA STREET 3 SAN FRANCISCO. CALIFORNIA 94108 1415, 991.5411 RECEIVE 4 ATTORNEYS FOR CLAIMANTS FV /6 KUMAO AND TERUKO YAMASHITA ,,JJ Ob`�ON 5 CLE JO-ANS BLPERV190R8 E 97A CO. OONT Owly 6 7 8 IN THE MATTER OF THE CLAIM OF 9 KUMAO and TERUKO YAMASTHIA v. COUNTY OF CONTRA COSTA 10 / 11 12 KUMAO and TERUKO YAMASHITA, through their undersigned 13 attorneys , hereby present this claim to COUNTY OF CONTRA COSTA, 14 in supplement to their claim filed with the County of Contra 15 Costa on December 23 , 1983, pursuant to §910 of the California 16 Government Code. 17 1. Claimants Kumao and Teruko Yamashita' s mailing 18 address is 2711 Tulare Avenue, El Cerrito , California 94530. 19 2• Correspondence and notices concerning this supple- 20 mentary claim should be sent to the claimants ' undersigned 21 attorneys , Bledsoe, Cathcart , Boyd, Eliot & Curfman, by Craig A. 22 Starr, Esq. , 650 California Street, Suite 2828 , San Francisco , 23 California 94108. 24 3. This is a claim, supplementing the claim filed 25 with Contra Costa County on December 23, 1983, for indemnification 26 of .claimants Kumao and Teruko Yamashita by County of Contra Costa 27 in connection with claims against claimants Kumao and Teruko 28 Yamashita in that certain action at law entitled Severson v. 000094 1 Erb, et al. , now pending in the Superior Court of California in 2 and for the County of Contra Costa, and numbered therein No. 3 247509. In particular, the following facts support the claimants ' 4 supplemental claim for indemnification by County of Contra 5 Costa. 6 A. On or about January 26, 1984, plaintiff-in- 7 intervention, State Farm Fire & Casualty Company, filed its 8 complaint-in-intervention for subrogation in the aforesaid 9 action at law, to recover monies paid to its insureds , Ralph 10 and Betty Severson, George and Pearl Bond, and Douglas and 11 Genevieve Brodale, on their claims for loss resulting from the 12 landslide which is the subject of the underlying action at law 13 now pending in the Superior Court of California, County of 14 Alameda, and numbered therein 247509 , Severson v. Erb , et al . 15 Without admitting any of the allegations thereof, a copy of the 16 said complaint-in-intervention for subrogation is attached 1 17 hereto and incorporated herein as Exhibit A. i 18 B. State Farm Fire & Casualty Company' s 19 complaint-in-intervention for subrogation was served upon the 20 claimants on or about January 30, 1984. Claimants have filed 21 an answer denying liability and asserting affirmative defenses . 22 C. Additional complaints-in-intervention for 23 subrogation are anticipated from other insurers , as well as 24 additional cross-complaints in connection with the filing and 25 service of the aforesaid complaint-in-intervention for subro- 26 gation. 27 D. Claimants are informed and believe that the 28 County of Contra Costa was careless , negligent and otherwise 000005 - 2 - 1 wrongfully acted or omitted to act in connection with the 2 approval, design, construction, maintenance , soils tests , 3 granting of permits and other supervisional , regulatory, or 4 oversight responsibility for drainage systems , roadways , and 5 other improvements upon land in the vicinity of Stein Way, and 6 that such negligence, carelessness and other wrongful acts and 7 omissions proximately caused the damages of which the plaintiffs- 8 in-intervention and cross-complainants complain in the aforesaid 9 action-at-law. 10 E. If claimants are found liable to the 11 plaintiffs-in-intervention or to any cross-complainant in the 12 aforesaid action-at-law, which liability is expressly denied, 13 these claimants are entitled to be indemnified by the County of 14 Contra Costa on a comparative fault basis due to the aforesaid 15 carelessness , negligence and wrongful acts and omissions of the 16 County of Contra Costa which in fact proximately caused the 17 damage and injuries complained of in the aforesaid action-at- 18 law. 19 F. In the event that claimants are found 20 liable in the aforesaid action-at-law to the plaintiffs-in- 21 intervention, or to any cross-complainant , which liability is 22 expressly denied, such liability will attach only by reason of 23 the active, primary and direct negligence and wrongful acts and 24 omissions of the County of Contra Costa, as aforesaid, and the 25 secondary, passive and derivative negligence of these claimants , 26 so as to entitle these claimants to be totally indemnified by 27 the County of Contra Costa for any such liability. 28 000096 3 - 1 4. The names of specific public employees who may 2 be responsible for specific acts of negligence or wrongful acts 3 or omissions are not presently known to this claimant . Discovery 4 and investigation are continuing. 5 5. Claimants cannot state a specific dollar amount 6 for this supplemental claim for indemnity. The exact extent of 7 the damages of the plaintiffs-in-intervention has not been 8 established as of this date, and discovery in the lawsuit is 9 just beginning. Also, the damages of these claimants will be 10 contingent upon a determination of the damages sustained by the 11 plaintiffs-in-intervention and upon a determination that these 12 claimants are responsible in some way for those damages , either 13 by way of settlement or adjudication. 14 6. WHEREFORE, claimants hereby make supplemental 15 claim upon the County of Contra Costa for such contingent 16 amounts as claimants may be found liable to the plaintiff-in- 17 intervention and any other plaintiffs-in-intervention or cross- 18 complainants which hereafter may file complaints against 19 claimants in the aforesaid action at law. 20 DATED: 1 'S, 21 BLE CATHCART, BOYD, LIOT CU 22 23 B raig Starr 24 Attorn s for Claimants 25 Kumao nd Teruko Yamashita 26 27 28 4 00009'7 JAN 1 'SCOTT BURESH n j ;YORK, BURESH & KAPLAN I� E.n2 1708 Shattuck Avenue `' :Berkeley► California 94709 3 :;Telephone: (415) 548-7474 JAN Zi 4 Attorneys for Intervenor STATE FARM FIRE & CASUALTY 5 COMPANY, an Illinois corporation 6 i 7 8 SUPERIOR COURT OF CALIFORNIA I 9 COUNTY OF CONTRA COSTA r 10 1. u 11 'RALPH F. SEVERSON and NO. 247509 x . :BET-TY SEVERSON, < 12 COMPLAINT IN INTERV_r.TION r = Plaintiffs , J F Z 13 i, --- S VS . J � 14 c '.MR. and MRS. WILLIAM G. ERB , s 'c 15 ;et al . , r 16 Defendants. 17 GEORGE BOND, PEARL BOND, DOUGLAS 18 BRODALE and GENEVIEVE BRODALE, 19 Intervenors, 20 VS. I� 21 SIR. and MRS. WILLIAM. G. ERB, et al. , 22 Ij Defendants. ' 23 I / 1 24 'TATE FARM FIRE & CASUALTY COMPANY, an Illinois 25 corporation, 26 I' � Intervenor, 000098 i EXHIBIT A I 1 p$. 2 MR. AND MRS. WILLIAM G. ERB, MR. AND MRS. GEORGE W. KASTEN, 3 CHRISTINE L. ELLIS, EMMA M. GOODMAN, MARGARET WRIGHT BOMAR, 4 CONSTANCE L. COUTS, MR. AND MRS. KUMAO YAMASHITA, DAVID W. JEDELL, 5 URVE S. ROWINSKI , MR. AND MRS. SATYA NARAYAN RAY, GEORGIA L. 6 MORRISON, SUSAN A. THACKER, SCOTT CUNNINGHAM, LLOYD P. 7 :MORTENSEN, MICHAEL W. WOOD, MR. AND MRS. STEPHEN R. SHEPHARD, 8 1MR. AND MRS. HARRY R. SHEPHARD, (OMNI HOLDING CORPORATION, a 9 (corporation, and ORINDA DEVELOP- IMENT COMPANY, a corporation; and b 10 DOES I through L, inclusive, a 11 Defendants. o2s 6 12 Y � 13 1 . Intervenor State Farm Fire & Casualty Company (herein- 14 after "State Farm") alleges as follows: c 15 2 . Plaintiffs Ralph Severson, Betty Severson, George Bond, 16 Pearl Bond, Douglas Brodale and Genevieve Brodale own property in 17 the vicinity of Stein Way, Orinda, California, which property is 18 insured against risk of loss by intervenor State Farm. 19 3 . In March 1983 , a landslide , for which the defendants 20 herein are legally liable, occurred, which posed an imminent 21 threat of destruction to the homes of the Seversons, the Bonds 22 and the Brodales , rendering them a constructive total loss. 23 4 . Intervenor State Farm paid to the Seversons, Bonds and 24 Brodales the limits of coverage under their respective policies 25 f insurance. 26 1 000099 2 1 5. Intervenor State Farm is subrogated to the rights of 2 its insureds as against defendants herein, including the enforce- 3 ment of the insureds ' remedies against the defendants for the 4 damages which have occurred. 5 FIRST CAUSE OF ACTION 6 (Nuisance) 7 6 . Intervenor 's insureds are, and at all times herein 8 mentioned were, the owners of and in possession and control of, 9 certain real property consisting of land and single family resi- C 10 ,!Idences located at Stein Way, Orinda, California. f 11 7 . Defendants Mr. and Mrs. William G. Erb, Mr. and Mrs . lois Q 12 JGeorge W. Kasten, Christine L. Ellis , Emma M. Goodman, Margaret j Y I 1 13 IWright Bomar, Constance L. Couts, Mr. and Mrs. Kumao Yamashita, I! RC1 14 (David W. Jedell, Urve S. Rowinski , Mr . and Mrs. Satya Narayan l o l ° 15 Ray, Georgia L. Morrison, Susan A. Thacker, Scott Cunningham, c. } 16 !Lloyd P. Mortensen, Michael W. Wood, Mr. and Mrs. Stephen R. 17 Shephard, Mr. and Mrs. Harry R. Shephard, OMNI Holding Corpora- 18 ition, Orinda Development Company, and DOES I through L, inclusive 19 fare, and at all times herein mentioned were, the owners and in 20 'possession and control of certain real property consisting of 21 lundeveloped lots adjoining the private roads designated and known 1 22 as Barbara Way and Stein Way, Orinda, Contra Costa County, 23 California, and which lots are uphill from the intervenor 's 24 insureds ' property. 25 S. The true names or capacities, whether individual, cor- 26 porate, associate, or otherwise, of defendants DOE I through DOE 3 000, 00 I L are unknown to intervenor, who therefore sues such defendants 2 by such fictitious names, and will amend this complaint to show 3 their true names and capacities when ascertained. Intervenor is 4 informed and believes, and thereon alleges, that each of the 5 defendants designated as DOE I through DOE L is responsible in 6 Isome manner for the nuisance herein referred to and thereby 7 proximately caused injuries and damages to the plaintiffs as 8 herein alleged. 9 9. Intervenor is informed and believes, and thereon t 10 alleges , that at all times herein mentioned each of the Q Y11 defendants was the agent and employee of each of the remaining ! o2S 12 efendants, and in doing the things hereinafter alleged, was x � 13 cting within the course and scope of such agency and employment. y 14 10 . Each defendant 's property is uphill or upslope from the m 15 ntervenor 's insureds ' property and each such property has been } 16 graded and/or filled and maintained in such a manner as to change 17 and divert the natural surface water course and flow. 18 11 . Poorly constructed roads, building pads, and associated 19 Irainage facilities in the vicinity of Barbara Road and Stein Way 20 were not properly completed or maintained, causing surface. water 21 un-off from the real property owned by and under the control of 22 efendants to be diverted and directed down the unpaved roadway 23 Jesignated as Barbara Way and into an area at the top of Stein 24 ay where it was allowed to stand in ponds and percolate into and 25 aturate the soil above intervenor 's insureds ' properties and 26 esidences. 000101 4 1 12. Storm drains installed on the lots of defendants, which 2 if properly installed and/or maintained, would have carried the 3 surface waters away from the top of Stein Way and prevented the 4 percolation into the soil and saturation of the soil above inter- 5 venor 's insureds ' property, were so negligently constructed 6 and/or maintained as to be useless in the removal of surface 7 water run-off. 8 13 . Barbara Way is an undeveloped roadway of which, inter- 9 venor is informed and believes, each of the defendants named in tt 10 this cause of action owns a portion and in which each of said ro ;;defendants owns an easement of use , has remained unpaved for a a 12 'period of years and has been allowed to erode and deteriorate so s 13 that the storm drains and catch basins installed along its length ma 14 have become useless, with the result that Barbara Way has become 15 �Y m a conduit of surface waters into ponds at the top of Stein Way } 16 and into the soil above the intervenor 's insureds ' property. i 17 14. Prior to the grading and leveling of the lots which i 18 belong to the defendants, and prior to the construction of 19 Barbara Way, the surface water run-off did not flow into ponds at 20 the top of Stein Way, nor percolate into the soil above the 21 intervenor 's insureds ' property as it now does. 22 15. The grading of defendants ' lots, the grading of the 23 roadway known as Barbara Way, and the. lack of maintenance of the 24 lots and the storm drainage system has caused a nuisance as 25 defined in Section 3479 of the Civil Code to exist on the defen- 26 ants' properties which is injurious to the intervenor 's s 00.0102 1 insureds ' property and interferes with the intervenor 's insureds ' 2 use and enjoyment of said property. 3 16 . Beginning on or about March 19, 1983 , the earth and mud 4 above intervenor's insureds ' property began to slide down onto 5 intervenor 's insureds ' property as a proximte result of the 6 nuisance condition that exists on defendants' properties. I 1 17 . As a result of the landslide onto intervenor 's j 8 insureds' property, the insureds have suffered loss and damage to 9 landscaping , sprinkler systems, trees, shrubs, retaining walls 10 and have been threatened with destruction of their residences. (` Y � R 11 Intervenor has made payment to its insureds for these losses. 12 SECOND CAUSE OF ACTION V 13 18. Intervenor incorporates the allegations of the First i 14 Cause of Action. ^^ CO . em 15 19. Defendants, in doing the acts alleged, altered the 110- 16 natural system of drainage on their property, which alteration 17 1was a proximate cause of the damages to intervenor, as alleged. 18 i 20 . Defendants are to be held strictly liable for damages 19 resulting from their alteration of the natural drainage system, 20 under the authority of Keys vv. RomleT, 64 Cal.2d 396 . 21 THIRD CAUSE OF ACTION 22 (Negligence) 23 21 . Intervenor incorporates the allegations in the First 24_ Cause of Action. 25 22. At all times relevant to this complaint, defendants, 26 and each of them, owned, maintained, controlled, managed, and 000103 6 1 operated the lots of undeveloped real property in the vicinity of 2 the property of plaintiffs Bond, Brodale and Severson. 3 23 . Defendants negligently constructed and maintained the 4 drainage system► storm drains► catch basins► and road surface on 5 Barbara Way, and/or on Stein Way► and/or on their properties i 6 uphill from said Plaintiffs ' Property, causing a landslide of 7 saturated soil onto said plaintiffs ' property. 8 24 . As a result of the negligence of defendants ► the real 9 property of intervenor 's insureds was damaged as described in rrj 10 paragraph 13 above. As a result of said damage► intervenor has � R 11 made payments to its insureds, together with general damages for i lea � � 12 pain, suffering , and emotional distress according to proof. s 13 WHEREFORE, intervenor prays judgment against i � 14 defendants, and each of them► as follows: m m � 15 1. For general damages according to proof; } 16 2 . For costs of suit herein incurred; and 17 3 . For such other and further relief as the Court may deem 18 1just and proper. 19 DATED: January ► 1984 . YORK , BURESH & KAPLAN 20 21 By SCOTT BURESH 22 Attorneys for Plaintiffs ° and Intervenors 23 RALPH F. SEVERSON and BETTY SEVERSON 24 25 26 000104 7 1 PROOF OF SERVICE BY MAIL- - C.C.P. Sec , 13a. 2015 .5 2 3 I am employed in Alameda County, California. I am over 18 years of age and not a party to the within action or 4 proceeding ; my business address is: 1708 Shattuck Avenue , Berkeley , California 94709. 5 On the date entered below, I served a true copy of the 6 foregoing document *** by placing it enclosed in a sealed envelope with postage thereon fully prepaid, in the United States 7 (mailbox at Berkeley, California. Said envelope was addressed as hereinafter set forth in this declaration. If more than one 8 addressee appears , this declaration applies to each. 9 I declare under penalty of perjury that the foregoing is true and correct , and that this declaration was executed at C 10 Berkeley,, California on i anuary 27 , 1984 � Ca � 12 Date Si g#1ur :K ' rley M. Boggess Y 13 ** COMPLAINT IN INTERVENTION (SUBROGATION) s 14 CO Susan J. Mahl 15 ' OUNS, MARSHALL, QUINLIVAN & SEVERSON 922 The Alameda, Suite 310 } 16 San Jose, CA 95126 17 4alcolm A. King ING, HUSA & ELIN 18 ' 900 Olympic Blvd. , Ste . 104 alnut Creek , CA 94596 19 Kristine P. Birkhimer 20 3OWERr BARABAN & BIRKHIMER 55 California Street, Ste . 2455 21 an Francisco, CA 94104 22 avid F. Beach aw Offices of RICHARD B. BARRETT 23 L701 E1 Camino Real Burlingame, CA 94010 24 raig A. Starr LEDSOE, CATHCART, BOYD, ELIOT & CURFMAN 25 50 California St. , Ste . 2828 an Francisco, CA 94108 26 000105 1 Thomas G. Beatty , MCNAMARA, HOUSTON, DODGE, MCCLURE & REY 2 P.O. Box 5288 Walnut Creek , cA 94596 3 Laurl J. Dorman 4 SEVERSON, WERSON, BERKE & MELCHIOR One Embarcadero Center , 25th Floor 5 San Francisco, CA 94111 6 Roger B. Eliassen IELIASSEN, POSTEL & ELIASSEN 2 50 California St . , Ste . 6 �0 San Francisco, CA 94111 8 J. Timothy Lane 9 RING , ATHEY , GINOCCHIO & LANE, INC. P.O. Box 97 i C 10 alnut Creek , CA 94596 It11 Andrew R. Adler Y OORNAZIAN, JENSEN & GARTHE 1 3 caa 12 P.O. Box 12925 Y (Oakland , CA 94604 3 13 H. Vincent McLaughlin g 7 14 iGREVE, CLIFFORD, DIEPENBROCK & PAN m „ 000 G. Street, Ste . 400 ° 15 Sacramento, CA 95814 m 16 7inor J. Schmid ttorney at Law 17 440 Broadway, Ste . 810 akland , CA 94612 18 19 20 21 22 23 24 25 26 000106 AMENDEDBOARD ACTION BOARD cr SOPEW90M QrC� COM CMWr• Q,ItIPOiIQIA Claim Against the County, ar District ) VMCB TO C AIHW governed by the Board of Supervisors, ) The copy s tria ed to You is Your Iaouting 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 bode Section 913 and 915.4. Blease note all mWarnings'•County Counsel Claimant: Phillip R . Young and Cynthia A . Young Attorney: Paul E . Gaspari , Esq . FEB 2 4 1984 Tobin & Tobin Madinez, CA 94553 Address: One Post Street , Suite 2600 San Amount: $3003000. 06 Francisco , 3003000. 06co , CA 94104 $an lc eery ioeaerk 2-23-84 Date Received: 2-23-84 BBBYyy maail, postmarked an I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: 2-2�-84 J.R. OLSSCN, Clerk, By �� DePotY II. FROM: County Counsel 70: Clerk of the"It"trd of Super sors (Check only one) (x) This claim complies substantially with Sections 910 and 910.2.e�/urt .�y� ✓r�D'u. f7ttr.✓ / eu�- tc2 fG- �L:.� ,(��l�r G%�_ �a� l%itioZ , ( ) This claim F�, W do comply substantially 4ith Sections g 1 an� z".'1.2, we (lure 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). G-v1�1u- Other: -, ,i/<'i� /�J,i'r.-� fU fZ:r �.c.L�.�.�� L-� '�ift'z,2�•� �l�ztii�� , ( ) Dated: ,2-7-, By: Deputy County Counsel III. FRCM: Clerk of the Board TO: (1) County 1, (2) County Administrator (X) Claim was returned as untimely with notice to c3stmant (Section 911.3). IV. Bow CRDER By unanimous vote of Supervisors present ( ) This claim is rejected in full, (�) Other I cert y that this is a true and correct copy of the Board's Or r entered is mi few Ais date. Dated: UU 11 ttss99 J. R. CISSGN# Clerk, ByDeputy Clerk UNWILREa"W101=9 IN MMM (Gov. Code Section 913) Subject to certain exceptions p you have only six (6) months from the date this notice was personally served or deposited in the :nail to file a amort action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in convection 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. 11e 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. - yt� Deputy Clerk DATED: MAR 2--OMA J. R. Q89Qd, Clerk, By � � cc: County Administrator (1) County Counsel (2) 0001. 07 CLAIM AMENDMENT TO PROOF OF CLAIM Dated: February 21, 1984 Claimant' s Name: PHILIP R. YOUNG and CYNTHIA A. YOUNG hereby amend their Proof of Claim dated February 9, 1984 and filed February 13, 1984 as follows: Date of Incident: Continuous damage to and including the present time. Claimants are informed that the culvert under the Condit bridge was constructed in the Spring of 1983. TOBI TOBIN By A E. PARI, ESQ. ttorneys for Claimants RECEIVED 7. J. R. OLSSON CLERK B94RD OF ERVISORS O CO. B . pity 000108 RECEIVED F E i�tS4 Date: February 9, 1984 J. R. OLSSON CLERK BOARD Of SUPERVISORS CON COSTA PROOF OF CLAIDI Claimant' s Name: PHILIP R. YOUNG and CYNTHIA A. YOUNG Claimant' s Address: 943 Kelly Court, Lafayette, CA 94549 Telephone: (415) 930-7725 Amount of Claim: $300, 000. 00 Address to Which Notice to be Sent: Paul E. Gaspari, Esq. TOBIN & TOBIN One Post Street, Suite 2600 San Francisco, CA 94104 Date of Incident: Continuing and ongoing damage to claimants ' property. Location of Damage: 943 Kelly Court, Lafayette, CA 94549 HOW DID IT OCCUR: Claimants are informed and believe that the City of Lafayette, and related public entities, including the County of Contra Costa and Bay Area Rapid Transit District, maintained a storm drainage system that includes Reliez Creek. The storm drainage system of Reliez Creek has failed, so that damage to claimants property has occured, principally by erosion and undercutting of the bank at the rear of the home, causing landslide damage which has damaged structures and destabilized the land. DESCRIBE DAMAGE OR INJURY: The bank in the rear of property is largely collasped removing a significant portion of real property and endangering structures and destabilizing land. Name of Public Employees Causing Injury or Damage if Known: Unknown 000109 Additional Facts and Investigation: Claimants learned of the ongoing and continuing damage to their home and the facts surrounding the Reliez Creek drainage system after the purchase of their home, which facts had not been previously disclosed to them. Claimants learned that the seller of the home, Dor. George Latter, had filed a Proof of Claim and an Amended Proof of Claim, copies of which are attached hereto marked as Exhibits "A" and "B" respectively. Claimants hereby adopt those claims as a part of this claim. TOBIN TOY BIN LE. ASP RI , ESQ. Attorneys for Claimants, PHILIP R. YOUNG and CYNTHIA A. YOUNG 000110 e CLAIMANT' S NAME: George Latter CLAIMANT' S ADDRESS: 943 Kelley Court Lafayette , CA 94549 TELEPHONE: (415) 935-0158 AMOUNT OF CLAIM: $271 , 000 . 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: PHILIP L. PILLSBURY, JR. PILLSBURY & WILSON 600 Montgomery St. , 44th Floor San Francisco, CA 94111 DATE OF INCIDENT: - Continuous damage to and including the present time LOCATION OF INCIDENT/DAMAGE: 943 Kelley Court Lafayette , CA 94549. HOW DID IT OCCUR: The City of Lafayette , and related public entities , maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimant' s property has occurred, principally by erosion and undercutting of the bank at the rear of the home, causing landslide damage which has damaged structures and destabilized the land. DESCRIBE DAMAGE OR INJURY: The bank in the rear of our property has largely collapsed, removing a significant portion of our real property and endangering our structures and destabilizing our land. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Estimated Cost of Repair of the bank - $ 71 , 000. 00 Estimated Diminution in value for loss of creek bank - $100 , 000 . 00 Damage to landscaping and structures - $ 50 , 000 . 00 Loss of use and enjoyment of the property - $ 50 , 000 . 00 OTAL: $271 , 000 . 00 Signed by or on behalf of Claiman PHILIP L. PILLSBURY, JR. 000111 September 21 , 1983 AMENDED PROOF OF CLAIM CLAIMANT' S NAME: George Latter CLAIMANT' S ADDRESS: 943 Kelley Court Lafayette, CA 94549 TELEPHONE: (415) 935-0158 AMOUNT OF CLAIM: $ 271 , 000 . 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: PHILIP I;. PILLSBURY, JR. PILLSBURY & WILS014 600 Montgomery St. , 44th Floor San Francisco, CA 94111 DATE OF INCIDENT: See "Additional Facts and Investigation" . LOCATION OF INCIDENT/DAMAGE: 943 Kelley Court Lafayette , CA 94549 HOW DID IT OCCUR: The City of Lafayette , and related public entities, maintained a storm drainage system that includes Reliez Creek. The storm drainage system in Reliez Creek has failed, so that damage to Claimant' s property has occurred, principally by erosion and undercutting of the bank at the rear of the home , causing landslide damage which has damaged structures and destabilized the land. ADDITIONAL FACTS AND INVESTIGATION: We have learned, through additional facts and investigation, that the governmental entity which constructed, repaired, and/or maintained the culvert beneath the Condit Bridge negligently designed, constructed, and/or maintained the culvert so that water coming under the bridge is diverted from its natural course and directed into the banks downstream from the bridge , causing extreme erosion and destabilization damage. Additionally , the culvert is constructed in such a way as to permit a drop off (without a drop box) , accelerating the flow of water from its natural course and causing further damage downstream. Our investigation, as yet, is incomplete as to the 000112 Buy 4 governmental entity responsible for the design, construction, and maintenance of the culvert under Condit Road, and hence we have filed claims against all known entities , including the City of Lafayette and the County of Contra Costa. Time of Incident With respect to this allegation of negligence, we believe the culvert under the Condit Bridge was constructed in the late winter and spring of 1983 . We have learned of the culpability of governmental entities , with respect to this design defect, within the last two weeks. DESCRIBE DAMAGE ' OR INJURY: The bank in the rear of our property has largely collapsed, removing a significant portion of our real property and endangering our structures and destabilizing our land. NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Estimated Cost of Repair of the bank - $ 71 , 000 . 00 Estimated Diminution in value for loss of creek bank - $100 , 000 . 00 Damage to landscaping and structures - $ 50 , 000 . 00 Loss of use and enjoyment of the property - $ 50 , 000 . 00 TOTAL: $271 , 000 . 00 L Signed by or on behalf of Claiman - PHILIP-L. PILLSBURY, JR. 000113 ��'^.� - __ ��..._".:.car�.V.__�.:,.s. .0 e,�.,-.. r' = y 4t.xk+:. + ..ate 1�;.� _i � ),.•'-`� SZv_.'�.... _. .." .. APPLICATION TO FILE LATE CLAIM D/Py y �� '• BOARD OF SUPERVISORS OF CONum COSTA Cowry, CALIFO-MIA BOARD ACTION Application to File Late ) NOT TO APPLICANT Claim Against the County, ) The copy of this document mailed to you is your Routing 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 mote the "Warning" below. Claimant: Yamashita , Kumao and Teruko County Counsel Attorney: Craig A. Starr Bledsoe , Cathcart , Boyd , Eliot & Curfman FEB 2 4 1984 Address: 650 California St . Suite 2828 San Francisco , CA 94108 martinet, CA 94553 Amount: $1 , 618, 000 . By delivery to Clerk on Date Received: February 16 , 1984 By mail, postmarked onFe.b . 15 , I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a Dopy of the above-noted Applition to File Late Claim. D,TED:February 15 , 1904 R. oISSON, Clerk, By Deputy Melen --Prd V T rl u II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6) . ( X ) The Board should deny this Application to File a Late Claim (Section 911.6) . DATED: b B. CLAUSEN, County Counsel, By ec�c , Deputy III. BOARD ORDER By unanimous vote of Supervisors present ' (Check one only) ( ) This Application is granted (Section 911.6) . (�( ) 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: MAR 2 0 1984 J. R. OLSSON, Clerk, By_-� V , Deputy WARNING (Cov't.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 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 oonneo- tion with this matter. If you want to consult an attorney, you should do so imne&atel . IV. FROM: Clerk of the Board T0: 1 County Counsel, 2 County Administrator abehv=Appkicabion. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a name thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: h�'•,? 0 44 J. R. OI.SSON, Clerk, By � ,Qp�,,�Q , Deputy V. FROM: 1 County Counsel, 2 County Administrator 70: Clerk of the Roard of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By 000114 APPLICATION TO FILE LATE CLAIM LFI aI+TuM:q BLEDSOE LAW OFFICES STANLEY JOHNSON. BLEDSOE, CATHCART, BOYD ELIOT & CURFMAN STANLEY JOHNSON. R41TCHELL,S.BOYD SUITE 2826 *j.% 0.ELIOT.JR. LAWRENCE E.CURFMAN.111 650 CALIFORNIA STREET ROOER9 P.SMITH p,Roy6 F?CYDER OF COUNSEL nA•kk°}1.;:YOUNT SAN FRANCISCO,CALIFORNIA 94108 DIV'�!ALLSWANO, , CYiNT',A L.LEAHt. (415)961-5411 CATHLQINE A.S.IY011g C F.,�Ia%.STARR TIM a,,,Y J.MINOR ROU-0 L.ROCHE JAMES P.HONER February 15 , 1984 L, MICHAEL F.NARDIMAN JANEL. H NANCY MIN INDL DLE WN.DAVID CAM PAONC Board of Supervisors County of Contra Costa PO Box 911 Martinez, California 94553 Re : Claim of Kumao and Teruko Yamashita Gentlemen: Enclosed please find Application to Present Late Claim, together with the claim on behalf of Kumao and Teruko Yamashita, presented for your review and determination. Also C enclosed is a copy of each and a prepaid return envelope. ,. �. Please return a file endorsed copy of each document to this llldf `?1 office. � Thank you for your time and attention. Sincerely, BLEDSOE, CATHCART, BOYD, LIOT & CURFMAN Michele Quinn Secretary to Craig A. Starr /mq enclosures 000115 ` 1 CRAIG A. STARR, ESQ. , ' BLEDSOE, CATHCAFM BOYD, EUOT B CURFMAN RECEIVED ,.i 2 SUITE 2626 650 CALIFORNIA STREET 3 SAN FRANCISCO. CALIFORNIA 94108 FI ,+ (41 E IJ 5) 981.5411 L 4 ATTORNEYS FOR KUMAO and TERUKO YAMASHIT J. R. OMON LURK BOARD OF SUPERVISORS NT OSTA C S BY. ep�!v 6 7 IN THE MATTER OF THE CLAIM OF 8 KUMAO and TERUKO YAMASHITA v. APPLICATION TO PRESENT COUNTY OF CONTRA COSTA LATE CLAIM (Government 9 / Code §911. 4) 10 11 KUMAO and TERUKO YAMASHITA through their undersigned 12 attorneys hereby apply to the COUNTY OF CONTRA COSTA for leave 18 to present a late claim. 14 1. Claimants Kumao and Teruko Yamashita' s mailing 15 address is 2711 Tulare Avenue, E1 Cerrito, California 94530. 16 2 . Correspondence and notices concerning this claim 17 should be sent to the claimants ' undersigned attorneys , Bledsoe, 18 Cathcart, Boyd, Eliot & Curfman, by Craig A. Starr, Esq. , 650 19 California Street, Suite 2828, San Francisco, California 94108. 20 3. Claimants previously filed, on December 23 , 1983, 21 a claim for indemnification arising from an action at law 22 entitled Severson v. Erb, et al. , now pending in the Superior 23 Court of California in and for the County of Contra Costa and 24 numbered therein 247509 , including various cross-complaints 25 and complaints-in-intervention filed therein. A copy of the 26 aforesaid claim is attached hereto as Appendix A and is incor- 27 porated by reference as if fully set forth herein. 28 000116 } 1 4. On January 18, 1984, the aforesaid claim was 2 amended to include a list which named all cross-claims in the 3 aforesaid action at law served to date on the Yamashitas and 4 the respective dates of service.. A copy of this list is also 5 included with the claim at Appendix A. 6 5. On February 6, 1984, undersigned counsel for 7 claimants received from the Contra Costa County Clerk a notice, 8 dated January 31, 1984, that a portion of the aforesaid claim 9 was being returned because it was not presented within 100 days 10 as required by §911. 2 of the Government Code. The notice also 11 indicated that a portion of the claim was not untimely and would 12 be retained by the Board for action. A separate notice of 13 Board action dated January 31, 1984, also was received which 14 indicated that all portions of the claim which were retained by 15 the Board were rejected in full. Copies of these notices are 16 attached hereto as Appendices B and C. 17 6. It appears from the face of the claim, including 18 the January 18 amendment, that all of the pleadings out of which 19 the Yamahistas ' aforesaid claim for indemnification arose, were 20 served on them within 100 days of the date on which the afore- 21 said claim was presented to the County of Contra Costa, with 22 the exception of the original complaint in the aforesaid action 23 at law, which was served on the Yamashitas on June 23 , 1983. 24 Accordingly, this application to present a late claim pertains 25 only to the Yamashitas ' claim for indemnification against the 26 County of Contra Costa with respect to any liability under the 27 Seversons ' original complaint. A copy of this complaint is 28 attached to the copy of the claim at Appendix A hereto, and - 2 - 000117 ` 1 if leave is granted pursuant to Government Code §911.4, the 2 claimants Yamashita propose to resubmit the claim at Appendix A 3 as it pertains to their claim against the County of Contra Costa 4 for indemnification against any liability arising out of the 5 Seversons ' original complaint. 6 7. The following facts justify waiver of the 100-day 7 period and/or excuse of the claimants ' failure to file a claim 8 for indemnification as to the Severson complaint within 100 days 9 of the service of said complaint on claimants : 10 A. The law firm of which the undersigned is an 11 associate was not retained by the Yamashitas' insurance company 12 to represent and defend the Yamashitas in the aforesaid action at 13 law until on or about September 19 , 1983, some 88 days after 14 service of the Severson complaint upon the Yamashitas . 15 B. The undersigned and other attorneys in this 16 firm spent the ensuing weeks gathering information concerning 17 this complex landslide litigation, and in particular attempting 18 to determine the possible and arguable causes of the landslide 19 and any possible bases of liability on the part of the Yamashitas . 20 Naturally, until such information was gathered, it was not 21 possible to make a determination if there was a reasonable claim 22 for indemnification to be made against the County of Contra Costa. 23 Moreover, it was not reasonable to expect the undersigned or 24 other attorneys in this firm to gather sufficient information 25 in the twelve days which remained between retention of the firm 26 and the expiration of the 100-day period. Accordingly, by the 27 time the undersigned had sufficient knowledge about the facts 28 of the case, the possible causes of the landslide and putative 000118 - 3 - 1 � ` 1 responsible parties, the 100-day period had elapsed. 2 C. Within a reasonable period of time after 3 making a determination that there was a colorable claim of indem- 4 nification against the County of Contra Costa, the undersigned 5 prepared and caused to be filed the aforesaid claim for indemni- 6 fication which is attached at Appendix A. 7 D. The Board already has heard and rejected the 8 Yamashitas ' claim for indemnification arising out of the other 9 pleadings in the aforesaid action at law. It would be incongruous 10 now to refuse to consider one aspect of this interwoven pattern 11 of claims and cross-claims for indemnification. It would be 12 similarly anomalous for the Yamashitas ' cross-complaint for in- 13 demnification in the aforesaid action at law to apply to the 14 County of Contra Costa except with respect to indemnification for 15 liability arising out of the Seversons ' original complaint. 16 Accordingly, claimants Yamashita request the Board to 17 grant leave to refile the aforesaid claim, attached Appendix A, 18 as a late claim for indemnification only concerning liability 19 arising from the Seversons ' original complaint , served on the 20 Yamashitas on June 23, 1983. 21 I hereby declare under penalty of perjury that any 22 statements of fact in the foregoing application for leave to file 23 late claim are true and correct, except as to facts which are 24 stated upon my information and belief, and as to those facts , I 25 am informed and believe them to be true. 26 Executed this ay o February 1984, at San 27 Francisco, California. 28 Craig A. arr for Kum and Teruko Yamashit()00119 - 4 - � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 APPENDIX A 000120 I CRAIG A. STARR, ESQ. BLEDSOE. CATMCART. BOYD. EUCT a CURFMAN 2 SUrtE Eue 080 CALIFORNIA STREET 3 SAN FRANCISCO. CALIFORNIA 84108 (415) 001.5411 4 ATTORNEYS FOR KUMAO and TERUKO YAMASHITA IN THE MATTER OF THE CLAIM OF ® J. :. OUSON CIEFK BOARD OF SUPERVISORS KUMAO and TERUKO YAMASHITA v. oNT COSTA Co. 9 COUNTY OF CONTRA COSTA '� 10 11 12 KUMAO and TERUKO YAMASHITA, through their undersigned 13 attorneys, hereby present this claim to COUNTY OF CONTRA COSTA, 14 pursuant to §910 of the California Government Code. 15 1. Claimants Kumao and Teruko Yamashita' s mailing 16 address is 2711 Tulare Avenue, E1 Cerrito, California 94530. 17 2. Correspondence and notices concerning this claim 19 should be sent to the claimants' undersigned attorneys , Bledsoe , 19 Cathcart, Boyd, Eliot & Curfman, by Craig A. Starr, Esq. , 650 20 California Street, Suite 2828, San Francisco, California 21 94108. 22 3. This is a claim for contribution and indemnifica- 23 tion of claimants Kumao and Teruko Yamashita by COUNTY OF CONTRA 24 COSTA in connection with claims against claimants Kumao and 25 Teruko Yamashita in that certain action at law entitled Severson 26 v. Erb, et al. , now pending in the Superior Court of California 27 in and for the County of Contra Costa, and numbered therein No. 28 247509. In particular, the following facts support the claimants' 000121 i claim for indemnification by COUNTY OF CONTRA COSTA. 2 A. On or about May 18, 1983, plaintiffs 3 Severson filed their complaint in the aforesaid action at law, 4 alleging landslide damage to property owned by the plaintiffs S on Stein Way in the City of Orinda, County of Contra Costa. 6 The landslide was alleged to have been caused by improper and 7 negligent maintenance, grading, filling, leveling, design- and 8 construction of improvements , roadways, and drainage systems on 9 and about otherwise undeveloped land in the vicinity of the 10 plaintiffs ' property by these claimants and others. Without 11 admitting any of the allegations thereof, a copy of the said 12 complaint is attached hereto and incorporated herein as 13 Exhibit A. 14 B. The Severson' s complaint was served upon 15 the claimants on or about June 23, 1983. Claimants have filed 16 an answer denying liabilityand asserting affirmative defenses . 17 C. Thereafter, and within the last one hundred 18 days, other parties in the aforesaid action filed and served on 19 these claimants cross-complaints for indemnification against 20 any liability to the plaintiffs Severson. Claimants likewise 21 have answered these cross-complaints, denying liability, and 22 will do so in answer to all cross-complaints received in 23 connection with the aforesaid action-at-law. 24 D. On about December 8, 1983, plaintiffs-in- 25 intervention, George and Pearl Bond and Douglas and Genevieve 26 Brodale, served their complaint-in-intervention in the aforesaid 27 action-at-law on these claimants, which alleged damage from a 26 landslide due to acts and omissions of these claimants and - 2 - 000.122 1 others nearly identical to the allegations of the Seversons. 2 Without admitting any of the allegations thereof, a copy of 3 this complaint in intervention is attached hereto and made a 4 part hereof as Exhibit B. 5 E. Additional cross-complaints are anticipated 6 in connection with the filing and service of the aforesaid 7 complaint-in-intervention. 8 F. Claimants are informed and believe that 9 COUNTY OF CONTRA COSTA was careless , negligent and otherwise 10 wrongfully acted or omitted to act in connection with the 11 approval, design, construction, maintenance, soils tests , 12 granting of permits and other supervisional, regulatory, or 13 oversight responsibility for drainage systems, roadways , and 14 other improvements upon land in the vicinity of Stein Way, and 15 that such negligence, carelessness and other wrongful acts and 16 omissions proximately caused the damages of which the plaintiffs , 17 plaintiffs-in-intervention and cross-complainants complain in 18 the aforesaid action-at-law. 19 G. If claimants are found liable to the 20 plaintiffs, plaintiffs-in-intervention or to any cross-complainant 21 in the aforesaid action-at-law, which liability is expressly 22 denied, these claimants are entitled to be indemnified by COUNTY 23 OF CONTRA COSTA on a comparative fault basis due to the aforesaid 24 carelessness , negligence and wrongful acts and omissions of 25 26 27 28 000123 - 3 - 1 COUNTY OF CONTRA COSTA which in fact proximately caused the 2 damage and injuries complained of in the aforesaid action-at- 3 law. 4 H. In the event that claimants are found 5 liable in the aforesaid action-at-law to the plaintiffs , 6 plaintiffs-in-intervention, or to any cross-complainant, which 7 liability is expresssly denied, such liability will attach only 6 by reason of the active, primary and direct negligence and 9 wrongful acts and omissions of COUNTY OF CONTRA COSTA, as 10 aforesaid, and the secondary, passive and derivative negligence 11 of these claimants, so as to entitle these claimants to be 12 totally indemnified by COUNTY OF CONTRA COSTA for any such 13 liability. ld 4. The names of specific public employees who may 15 be responsible for specific acts of negligence or wrongful acts 16 or omissions are not presently known to this claimant. Discovery 17 and investigation are continuing. is 5. Claimants cannot state a specific dollar amount 19 for this claim for indemnity. The exact extent of the damages 20 of the plaintiffs and plaintiffs-in-intervention has not been 21 established as of this date, and , discovery in the lawsuit is 22 just beginning. Also, the damages of these claimants will be 23 contingent upon a determination of the damages sustained by the 24 plaintiffs and by the plaintiffs-in-intervention and upon a 25 determination that these claimants '-are responsible in some way 26 for those damages , either by way of settlement or adjudication. 27 However, as of this date, plaintiffs have claimed expenses in 28 excess of $500,000 for remedial repair work to stabilize the _ 4 - 000124 1 landslide area; $100,000 diminution in the value of their 21 property; $100,000 in medical and related expenses, $10,000 in 31 loss of income and time spent in mitigating their damages , as a 4 result of the landslide; and $108,000 in damages to real property S and fixtures. Also as. of this date, these claimants are informed 6 and believe that the plaintiffs-in-intervention are claiming 7 expenses of $500, 000 for the repair of the landslide and 8 stabilization of the land; $300,000 for diminution of value of 9 real property; and for an undetermined amount of general damages 10 and loss to property. 11 6. Wherefore, claimants hereby make claim upon 12 COUNTY OF CONTRA COSTA for such contingent amounts as claimants 13 may be found liable to the plaintiffs , plaintiffs-in-intervention 14 and/or cross-complainants in the aforesaid action at law. 15 DATED: 16 BLEDSOE, CATHCART, BOYD, 17 ELIOT 18 19 BY: 20 Craig A. tarr Attorney for Kumao and 21 Teruko amashita 22 23 24 25 26 27 28 _ 5 _ 000125 CROSS-COMPLAINTS FOR INDEMNIFICATION AND CONTRIBUTION AGAINST KUMAO AND TERUKO YAMASHITA Action #247509 Superior Court. County of Contra Costa : Cross-Complainant Date of Service Jacqueline Shepherd 10/05/83 Harry and Elinor Shepherd 11/17/83 Constance Couts 11/28/83 Lloyd P. Mortensen 01/04/84 Old National Financial Services , Inc. 01/06/84 Margaret Wright Bomar 01/16/84 George and Joan Kasten 01/16/84 R� C�ivEp �Ai13v rya w''�,N,sA Vb'6142 6 got ] KOUNS , MARSHALL, MAY 18 QUINLIVAN i SEVERSON 1993 2 1922 The Alameda, Suite 310 J.RCLSSON.000&Cler San Jose, CA 95126 60kTa ►COSTA UNTY 3 6y .Flan. (408) 246-7682 4 Attorneys for Plaintiffs 5 6 z 7 0 y 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA W 9 n 10 0 x 11 RALPH F. SEVERSON and "e BETTY SEVERSON, - . _ e 12 247509 Z Plaintiffs, No. r 3 w 13 i o V. COMPLAINT FOR DAMAGES FOR J e s 14 NUISANCE, NEGLIGENCE, AND FOR MR. AND MRS. WILLIAM G. ERB, PERMANENT INJUNCTION x 15 MR. AND MRS. GEORGE W. KASTEN, fto CHRISTINE L. ELLIS, EMMA M. 16 GOODMAN, MARGARET WRIGHT BOMAR, !� CONSTANCE L. COUTS , MR. AND MPS. vi 17 KUMAO YAMASHITA, DAVID W. JEDELL, z URVE S. ROWINSKI, MR. AND MRS. 0 O 18 SATYA NAR)tYAN RAY, GEORGIA L. MORRISON, SUSAN A. TRACKER, 19 SCOTT CUNNINGHAM, LLOYD P. MORTENSEN, MICHAEL W. WOOD, 20 MR. AND MRS. STEPHEN R. SHEPHARD, MR. AND MRS. HARRY R. SHEPHARD, 21 OMNI HOLDING CORPORATION, a corporation, and ORINDA DEVELOP- 22 MENT COMPANY, a corporation; and 23 DOES I through L, inclusive, Defendants. 24 25 , 26 Plaintiffs allege: EXHIBIT q 000127 1 FIRST CAUSE OF ACTION 2 (Nuisance) 3 1. Plaintiffs are, and at all times herein mentioned 4 were, the owners of and in possession and control of, certain S real property consisting of land and a single family residence 6 at 140 Stein Way, Orinda, Contra Costa County, California, and z 7 more particularly described in Exhibit A which is attached 0 8 hereto and incorporated herein by reference. s� 9 2. Defendants Mr. and Mrs. William G. Erb, Mr. and Mrs. M 10 George W. Kasten, Christine L. Ellis, Emma M. Goodman, Margaret 0 S 11 Wright Bomar, Constance L. Couts, Mr. and Mrs. Kumao Yamashita, ZiiKo 12 David W. Jedell, Urve S. Rowinski, Mr. and Mrs. Satya Narayan � ., 3 13 Ray, Georgia L. Morrison, Susan A. Thacker, Scott Cunningham, 0 e ► � o 14 Lloyd P. Mortensen, Michael W. Wood, Mr. and Mrs. Stephen R. e 15 Shephard, Mr. and Mrs. Harry R. Shephard, OMNI Holding N 16 Corporation, Orinda Development Company, and DOES I through L, Ui z 17 inclusive are, and at all times herein mentioned were, the c 18 owners and in possession and control of certain real property 19 consisting of undeveloped lots adjoining the private roads 20 designated and known as Barbara Way and Stein Way, Orinda, 21 Contra Costa County, California, and which lots are uphill from 22 the plaintiffs' property. 23 3. The true names or capacities, whether individual, 24 corporate, associate, or otherwise, of defendants DOE I through 25 DOE L are unknown to plaintiffs, who therefore sue such 26 defendants by such fictitious names, and will amend this =2- 000128 I complaint to show their true names and capacities when 2 ascertained. Plaintiffs are informed and believe, and thereon 3 allege, that each of the defendants designated as DOE I through 4 DOE L is responsible in some manner for the nuisance herein 5 referred to and thereby proximately caused injuries and damages 6 to the plaintiffs as herein alleged. x 7 4. Plaintiffs are informed and believe, and thereon 0 C 8 allege, that at all times herein mentioned each of the a M 9 defendants was the agent and employee of each of the remaining n 10 defendants, and in doing the things hereinafter alleged, was m m 11 acting within the course and scope of such agency and J Y _ : S 12 employment. , gIF a _ _ 3 13 5. Each defendant's property is uphill or upslope from � ► moo 14 � < _ o the Plaintiffs' property and each such property has been graded 15 and or filled in such a manner as to change and divert the S 16 natural surface water course and flow. 17 6. The surface water run-off from the lots owned by z 0 18 defendants has been diverted and directed down the unpaved ti 19 roadway designated as Barbara Way and into an area at the top of . 20 Stein Way where it was allowed to stand in ponds and percolate 21 into and saturate the soil above the plaintiffs' property and 22 residence. 233 7. Storm drains installed on the lots of defendants, 24 which if properly installed and/or maintained, would have 25 carried the surface waters away from the top of 'Stein Way and 26 prevented the percolation into. the soil and saturation of the -3- 000129 . '. 1. � •.. � . I soil above plaintiffs' property, were so negligently constructed 2 and/or maintained as to be useless in the removal of surface 3 water run-off. 4 S. Barbara Way, which is an undeveloped roadway, of which 5 each of the defendants named in this cause of action owns a 6 portion and in which each of said defendants owns an easement of x 7 use, has remained unpaved for a period of years and has been o m 8 allowed to erode and deteriorate so that the storm drains and 9 catch basins installed along its length have become useless, 10 with the result that Barbara Way has become a conduit of surface 0 e 11 waters into ponds at the top of Stein Way and into the soil � ' f e 12 above the plaintiffs' property. ii < 13 9. prior to the grading and leveling of the lots which a P. u - .a ° � � g 14 belong to the defendants, and prior to the construction of 15 Barbara Way, the surface water run-off did not flow into ponds 4 16 at the top of Stein Way, nor percolate into the soil above the x17 plaintiffs' property as it now does. 0 18 10. The grading of defendants' lots, the grading of the 19 roadway known as Barbara Way, and the lack of maintenance of the 20 lots and the 'storm drainage system has caused a nuisance as 21 defined in Section 3479 of the Civil Code to exist on the 22 defendants' properties which is injurious to the plaintiffs' 23 property and interferes with plaintiffs' use and enjoyment .of 24 said property. 25 11. Beginning on or about March . 19, 1983, "the earth and 26 mud above plaintiffs' property began to slide down onto -4- 000130 I plaintiffs' property as a proximate result of the nuisance 2 condition that exists on defendants' properties. 3 12. As a result of the landslide onto plaintiffs' 4 property, plaintiffs have suffered loss and damage to 5 landscaping, sprinker systems, trees, shrubs, utility lines, 6 sewer lines, retaining walls, driveway, curbs, and gutters and z 7 have been required to work continuously to remove mud and dirt o 6 that threaten to damage or destroy their residence. Plaintiffs f. 9 have been required to rent equipment, hire tractors, and pay J 10 operators to Rref erve and protect their property. The cost of .0 e 11 the remedial work is as yet undetermined, but based upon j d i • = ow 12 estimates received by plaintiffs, plaintiffs are informed and S � W13 believe that the costs to repair the landslide so as to protect � Z : � s `1 14 the plaintiffs' property from future loss and to repair damages .; i • o z15 that have occurred and to reimburse plaintiffs for emergency N w16 repairs is in excess of $500,000. x 17 13. As a further proximate result of the nuisance existing 0 i8 on defendants' properties, the value of plaintiffs' property has 1y been diminished. Plaintiffs are informed and believe that the 20 diminution in value to plaintiffs' property exceeds $100,000. 21 Unless the nuisance is abated, plaintiffs' property will be 22 progressively further diminished in value. 23 14. As a further proximate result of the nuisance existing 24 on defendants' properties, plaintiffs have been hurt and injured 25 in their health, strength, and activity, sustab(ing injury to 26 their nervous system and person, all of which injuries have 000131 I caused, and continue to cause, plaintiffs great mental, 2 physical, and nervous pain and suffering. As .a result of such 3 injuries, plaintiffs have suffered general Qamages in an amount 4 according to proof. - 5 15. Unless defendants, and each of them, are enjoined and 6 ordered by this Court to abate the nuisance on .their properties, Z 7 it will be necessary to commence many successive actions against 0 A 8 defendants, and each of them, to secure compensation for damages ti a 9 sustained, thus requiring a multiplicity of suits. Plaintiffs D y 10 will be threatened continually, especially when it rains, with J • , Z 11 landslides, mudslides, and damage due to erosion unless this CL � ' Wzn 12 Court orders that the nuisance condition be abated. 13 16 . Unless defendants, and each of them, are enjoined and C ; c, s 10 " � 14 ordered to abate the nuisance on their properties, plaintiffs m 15 will suffer irreparable injury in that the usefulness and V e16 economic value of plaintiffs' property will be substantially ri 17 diminished andplaintiffswill be deprived of the comfortable 4 D 18 enjoyment of their property. 19 17. Plaintiffs have no plain, speedy, or adequate remedy 20 at law; and injunctive relief . is expressly - authorized by 21 Sections 526 and 731 of the Code of Civil Procedure. 22 SECOND CAUSE OF ACTION 23 (Negligence) 24 16. . Plaintiffs reallege and incorporate by reference, as 25 is set forth herein at length, the allegations contained in 26 paragraphs 1 through 9, 11, and 12 of the First Cause of Action. 000132 1 19. At all times relevant to this complaint, defendants, 2 and each of them, owned, maintained, controlled, managed, and 3 operated the lots of undeveloped real property along Barbara Way 4 and uphill from plaintiffs' property, and on Stein Way and s uphill from plaintiffs' property. 6 20. Defendants so negligently maintained the drainage x 7 system, storm drains, catch basins, and road surface on Barbara 0 8 Way, and/or on Stein Way, and/or on their properties uphill from m M 9 plaintiffs' property, so as to violate their duty to plaintiffs 10 and to cause a landslide of saturated soil onto the plaintiffs' 9 ` t o 11 property. .+ � 2 O j 12 21. As a result of the negligence of defendants, the real OC i s 13 property of plaintiffs' was damaged as described in paragraph 12 a � � p • 14 above. As a result of said damage, plaintiffs have . suffered ft D5 monetary loss in the amount of at least $500,000 for repairs and 16 reconstruction and in the amount of at least $100,000 in the zD7 depreciation in value of their property, together with general 0 18 damages for pain, suffering, and emotional distress according to ~ 19 proof. 20 WHEREFORE, plaintiffs pray judgment against defendants, and 21 each of them, as follows: 22 1. For a permanent injunction enjoining the nuisance 23 herein alleged and compelling defendants, and each of them, .to 24 maintain their property and the easements appurtenant thereto, 25 and the drainage systems thereon, -so as to prevent' erosion, soil 26 saturation, and landslides which have destroyed and will -7- 000133 3 .continue to destroy plaintiffs' property and interfere with 2 their use and enjoyment of such property; 3 2. For $500,000, or such other amount as may be proved, 4 for the repair of the landslide on. plain.tiffs' property; 5 3. For $100,000, or such other amount as may be proved, 6 for the loss in value 'of plaintiffs' real property; x 7 4. For general damages according to proof; 0 0 8 5. For costs of suit herein incurred; and ., 9 6. For such other and further relief as the Court may V) 10 deem proper. 0 A 0 11 KOUNS , MARSHALL, `o n QUINLIVAN b SEVERSON 12 � O Zz By 400 « 14 Attorneys or Plaintiffs r7 i 00 < $ 15 VERIFICATION � m S16 i , Ralph F. Severson, am one of the plaintiffs in the 17 above-entitled action. I have read the foregoing complaint and x . own know the contents thereof. The same is true of m c 18 Y 19 knowledge, except as to those matters which are therein alleged 20 on information and belief, and as to those matters, I believe 21 them to be true. 22 I declare under penalty of perjury that the foregoing is 23 true and correct. 24 EXECUTED at (�II�: w. , California, this 25 14"'tday of , 1983. 26 _ . „.. I ,e .. .._..ter. Ralph F. Severson -8- 000134 w EZZooREss of ATTonsEy. TELEPhONE No: 246-7682 I sop COURT USE ONLY KOL• XS, MARSHALL, QUINLIVAN & SEVERSON 1922 The Alameda, Suite 810 San Jose; CA 95126 ATTORNE•FOR 1Nane) $Merl tine of covet.judrevl d atnel or bench tout.d any.and Post Office and Street Aedress. . Contra Costa County Superior Court • P.O. BOX 911 Martinez, CA 94553 PLAINTIFF. . Ralph F. Severson and Betty Severson t OLFENOANT Mr. and Mrs. William G. Erb, Mr. and Mrs. George W. Kasten, Christine L. Ellis, Erma M. Goodrnan, Margaret Wright Bonar, Constance L. Coots, W. and Mrs. Kumao Yamashita, David W. Jedell, Urve S. Rowinski, Mr, and Mrs. Satya Zlax57an Ray, Georgia L. Mort—iso- n--%usan A. Thacker, Scott Cunningham, Lloyd P. Mortensen, Michael W. Wood, Mr. and Mrs. Stephen R. Shephard, Mr. and Mrs. Harry R. Shephard, Otani Holding Corporation, a corporation, and 0--indai' Developmant Company, a co ration and DoesIive. SUM (� Mr,IONS NS CASE NUMBER. 247509/�7 5 0 9 NOTICE! You have been.sued. The court may decide jAVISO! Listed ha sido demandado. El tribunal puede against you w!thoul your being heard unless you respond decidir contra Ud. sin sudiencla a menos qua Ud. re- within 30 days.Read the information below. sponda dentro de 30 dias.Lea la tnformbci6n que s)gue. It you wish to seek the advice o1 an attorney in this Si Usled desea solicilar of Consejo de un abogado en matter, you should do so promptly so that,.tour written este asunto, deber;a hacerlo Inmedistamente, de' esia response,if any,may be filed on time. - manera, su respuesta escrita, s( hay afguna, 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 after this summons is served on you,file with this count written response to the complaint. Unless you do so, your default will be entered on application of the plaintiff, iffid 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.. J. F. CfLSSOIN' DATED:. MAY 18 1533 , • , . ,Clark,By PAT FITCH ,Deputy (SEAL) 2. NOTICE TO THE PERSON SERVED: You are served a. [Z) As an individual defendant. b. 0 As the person sued under the fictitious name of: . . . . . . . . . . . . . C. M On behalf of:. . . . . . . . . . . . . . . . . . . . . . . . . . . . Under: E3 CCP 416.10(Corporation) "• CCP 416.60(Minor) . E3 CCP 416.20(Defunct Corporation) Q CCP 416.70(Incompetent) E3 CCP 416.40(Association or*Partnership) Q CCP 416.90(Individual) [D Other: d. P By persona)delivery on(Date):. S.t... z, i4 43. . . . . . . . . . . . . A.amen response mast be in the form prasetalve by the California Rhes or Court. 0 eat be tiled In oils Court wah the proper servo fee and woof of•swirce of a copy on each plaintiff's attorney and on each plaintiff not represented by an allarey. TM lane when a summons is deemed Firmed an a party may vary depending on the method of service fat example.we CCP 41310 through 41550 TM wad'eaaplainl"Ncludes uosstorhd fi t�3 5 'pWrwff"Inde!"uosstomplainant."detartdwd-includes uon-dale dant,the"utw inclydes the plural. V V Form Adopted by Rule 992 (s„rermse for Proof of Service) Judicial Council of CaldornisSUMMONS CCP 412 20.412 70. Affirmed Affirmed Effective January 1,1979 415.70. P'st Rrvwd estalbe•9462+6111» I..'1!served the i a :Q summons O comptaur, fl amended summons Q amended con..Taint to. On dolendant(Name): e. By serving (1) Q Defendant (2) Q Other(Name and title or retatiopship to person served): d. Q By delivery at Q home Q business (1)Date of: (2)Time of. (3)Address: IL Q By mailing (1)Date of: (2)Place of: 2. Mariner of service: (Check proper box) a Q Personal service.By personally delivering copies.(CCP 415.10) b•Q Substituted service on corporation,unincorporated association (including partnrfship),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 fust-class mail• postage prepaid) copies to the person served at the place where the copies were left.(CCP 415.20(a)) e.Q Subsilluted service on natural person, minor. Incompetent, or candidate. By leaving copes at the dwelling house•usual place of abode,or usual place of business of the person served in the presence of a competent member o1 the household or a person apparently In clearge of•the office or place o1 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 left.(CCP 415.20(b)) (Attach separate declaration or affidavit stating acts rolled on to establish reasonable diligence in first attempting personal service.) d.E3 Mail and acknowledgment service. By mailing (by first-class mail or airman) 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 corl►pleled acknowledgment of rece)pt.) R Q Certified or reglctered mail service.By mailing to address outside California(by registered 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.) L 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.Q As an individual defendant. ' b.Q As the person s-jed unde+the fictitious name of: • • • • • • • • • • • • - • - - - - - - - • • - • e.Q On behalf of:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . Under: Q CCP 41610(Corporation) Q CCP 416.60(Minor) QOther: Q CCP 416.20(Defunct corporation) Q CCP 416.70(Incompetent) Q CCP 416.40(Association or partnership) Q CCP 416.90(Individual) d.C3 By personal delivery on(Data): . . . . . . . . . . . . . . 4. At the lime of service I was at least 13 years of age and not a party to this action. 5.'Fae for service:S. . . . . . 6. Person serving o.Q California sheriff,marshal,or constable. i Q Not a registered California process server. f. Name,address and telephone number and b.Q Registered California process server- ' B applicable,county of registration and number. C.Q Employee or Independent contractor of a registered California process server. at Q Exempt from registration under Bus.A Prof. Code 22350(b) 1 doctors under penalty of perjury under the laws of Ne (For California sheriff. alarshai, at constable use only) State of California that the foregoing Is Nue and cor- I certify that the foregoing is true and correct and that rest and that Oft declaration is executed on Oft certificate Is executed on(date): . . . . . . . . . (date): . . . . . . . . . . at(place): . . . . . . . . .California. �ignurrre) filarWrrra) 000136 i MINOR J. SCH IID 1440 Broadway, Suite 810 Oakland, CA 94612 9 1983 S Tel: (415) 832-5460 Enersd a Attorney for GEORGE BOND, PEARL BOND, DOUGLAS BRODALE 8 and GENEVIEVE BRODALE, Intervenors ' 6 6 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 RALPH F. SEVERSON and BETTY SEVERSON, 30 Plaintiffs, 11 N0. 247509 VS . 1$ COMPLAINT IN INTERVENTION MR. AND MRS. WILLIAM G. ERB, FOR DAMAGES FOR NUISANCE, 13 MR. AND ERS. GEORGE W. KASTEN, NEGLIGENCE AND FOR CHRISTINE L. ELLIS. EMMA M. PERMANENT INJUNCTION 14 GOODMAN, MARGARET ARIGHT BOMAR, CONSTANCE L. COUTS, MR. AND MRS. 15 KUMAO YAMASHITA, DAVID W. JEDELL, URVE S. ROWINSKI , M. AND MRS. .16 SATYA NARAYAN RAY, GEORGIA L. ' MORRISON, SUSAN A. THACKER, 17 SCOTT CUNNINGHAM, LLOYD P. XORTENSEN, MICHAEL W. WOOD, S8 MR. AND MRS. STEPHEN R. SHEPHARD, MR. AND MRS. HARRY R. SH£PHARD, 19 OMNI HOLDING CORPORATION, a corporation, and ORINDA DEVELOP- t0 MENT COMPANY, a corporation, and 21 DOES I through L, inclusive, 82 Defendants. 23 GEORGE BOND, PEARL BOND, DOUGLAS 24 BRODALE and GENEVIEVE BRODALE, r t8 Intervenors, 26 vs. lemon A Wem11411) -1- ATTe"ev tT Yf 060 Prwav sum•N rye.rv.wo ._ "' EXHIBIT 8 000137 i MR. AND MRS. WILLIAM G. ERB, MR. AND MRS. GEORGE W. KASTEN, $ CHRISTINE L. ELLIS, EMMA M. GOODMAN, MARGARET WRIGHT BOMAR, S CONSTANCE L. COUTS, MR. AND MRS. KUMAO YAMASHITA, DAVID W. JEDELL, 4 URVE $. ROWINSKI, MR. AND MRS. SATYA NARAYAN RAY, GEORGIA L. a MORRISON, SUSAN A. TRACKER, SCOTT CUNNINGHAM, LLOYD P. 6 MORTENSEN, MICHAEL Q. WOOD, MR. AND MRS. STEPHEN R. SHEPHARD, 7 MR. AND MRS. HARRY R. SHEPHARD, OMNI HOLDING CORPORATION, a B corporation, and ORINDA DEVELOP- MENT COMPANY, a corporation; and DOES I through L, inclusive, 10 Defendants . 11 18 GEORGE BOND, PEARL BOND, DOUGLAS BRODALE, and GENEVIEVE 18 'BRODALE, by leave of Court, allege : 14 1 . On or about May 18, 1983, plaintiffs commenced this 15 action against defendants for damages, for nuisance, negligence 16 - and for permanent injunction. Trial of this action has not yet 17 begun. 18 2.. In this action, intervenors join plaintiffs in claiming 39 what is sought by their Complaint. SO 3. Intervenors have an interest relating to the subject ° 81 matter of this lawsuit in that they are the. owners of and ,in 82 possession and contr_Q1.9 �ettain rea.l�to�etly_cp�sjating of 23 land and single family residences commonly known as 6 1 Stein IPA Way, Orinda, Contra Costa County, California and # 3 Stein Way, 25 Orinda, Contra Costa County, California. Intervenors' parcels S6 of real property are located downslope from defendants` parcels 0"011 J.="WD .re6410e+n#A* is"t 11"AWAt owns we rorr.oW.�wu - . «'��' 00013 . , 1' of real property and they have suffered damages and are threat- R ened by the conditions complained of in plaintiffs' -Complaint S For Damages For Nuisance, Negligence, And For Permanent .Injunc- 4 tion an file herein. Intervenors join plaintiffs in claiming a damages and the injunction which is sought in said Complaint. 6 Intervenors ' ability to protect their interests is not adequate- 7 ly represented by existing parties and their interests may be 6 impaired or impeded if they are not permitted to intervene . 4. Granting permission to intervenors to intervene in this 10 lawsuit will avoid delays and a multiplicity of actions and be 11 of no prejudice to the other parties. 18 FIRST CAUSE OF ACTION 13 (Nuisance) 14 5. Intervenors are , and at all times herein mentioned 15 were , the owners of and in possession and control of, certain 16 real property consisting of land and single family residences 17 at I 1 Stein Way and 1 3 Stein Way, Orinda, Contra Costa County, 18 California,, and more particularly described in Exhibit A which . 19 is attached hereto and incorporated herein by reference. $0 6. Defendants Mr. and Mrs. William G. Erb, lir. and Mrs. 21 George W. Kasten, Christine L. Ellis, Emma M. Goodman, Margaret RS Wright Bomar, Constance L. Couts, Mr. and Mrs. Kumao Yamashita, 23 David W. Jedell, Urve S. Rowinski, Mr. and Mrs. Satya Narayan 24 Ray, Georgia L. Morrison, Su%an A. Thacker, Scott Cunningham, 85 Lloy P. Mortensen, Michael N. Wood, Mr. and Mrs. Stephen R. 26 Shephard, Mr. and Mrs. Barry R. Shephard, OMNI Holding NOR J.9c"WD Iffr"Imo At We W3- 64"Me6wp Own 6 t or�n.ay.Data MI��WINO 00013 . i Corporation, Orinda Development Company, and DOES I through L. inclusive are , and at all -times herein mentioned -were, the S owners and in possession and control of certain real property ,4 consisting of undeveloped lots adjoining the private roads • b designated and known as Barbara Way and Stein Way, Orinda, 6 Contra Costa County] California, and which lots are uphill from I the intervenors ' property. 7. The true names or capacities, whether individual, 9 corporate , associate, or otherwise , of defendants DOE I through 20 DOE L are unknown to intervenors, who therefore sue such defen- 11 dants by such fictitious names, and will amend this complaint to 18 show their true names and capacities when ascertained. Inter- 25 venors are informed and believe , and thereon allege, that each 14 of the defendants designated as DOE I through DOE L is responsi- 15 ble in some manner for the nuisance herein referred to and there -16 by proximately caused injuries and damages to the plaintiffs as 27 herein alleged. le B . Intervenors are informed and believe , and thereon 3L9 allege , that at all times herein mentioned each of the defendants 20 was the agent and employee .of each of the remaining defendants, al and in doing the things hereinafter alleged, was acting within 82 the course and_scop e of such agency and employment. 23 9. Each defendant's property is uphill or upslope from 24 the intervenors ' property andiench such property has been graded is and/or filled and maintained in such a manner as to change and 86 divert the natural surface water course and flow. UNOR J. W."Wo avveneav AT A&* 160 OMwn 4. sung - sunt•u - s "Sol am&"" 00010 1 10. Poorly constructed roads, building pads, and associa- 2 ted drainage facilities in tte vicinity of -Barbara Road and a Stein Way were not properly completed or maintaned causing sur- 4 face mater run-off from the real property owned by and under S the control of defendants to be diverted and directed down the 6 unpaved roadway designated as Barbara Way and into an area at the top of Stein Way where it was allowed to stand in ponds s and percolate into and saturate the soil above intervenors ' 9 properties and residences. 30 11. Storm drains installed on the lots of defendants , 11 which if properly installed and/or maintained, would have 18 carried the surface waters away from the top of Stein Way and la prevented the percolation into the soil and saturation of the 14 soil above intervenors ' property, were so negligently construc- 15 ted and/or maintained as to be useless in the removal of sur- 16 face water run-off. 17 12. Barbara Way is an undeveloped roadway, of which, is intervenors are informed and believe , each of the defendants 19 named in this cause of action owns a portion and in which to each of said defendants owns an easement of use, has remained unpaved for a period of years and has been allowed to erode - -SQ .-and-deteriorate-so-that-the-storm drains and catch basins 23 installed along its length have become useless, with the result 24 that Barbara Way has become d conduit of surface waters into is ponds at the top of Stein Way and. into the soil above the 26 intervenors' property. OpHolt J.*mum &VTOMI"OR ra �s- 66"8011*"n - �we. a/t$1 Nf.0YO 000141 1 13. prior to the grading and leveling 'of the lots which belong to the defendantso sand prior to the construction of S Barbara Way. the surface nater run-off did not- flow into ponds a at the top of Stein Way, nor percolate into the soil above the s intervenors ' property as it now does. 6 14 . The grading of defendants ' lots, the grading of the T roadway known as Barbara Way, and the lack of maintenance of the • lots and the storm drainage system has caused a nuisance as 9 defined in Section 3479 of the Civil Code to exist on the . 30 defendants ' properties which is injurious to the intervenors' 11 property and interferes with intervenors ' use and enjoyment of 1$ said property. 1� 15. Beginning on or about March 19, 1963, the earth and 16 mud above intervenors ' property began to slide down onto 13 intervenors' property as a proximate result of the nuisance 16 condition that exists on defendants` properties. 14 16. As a result of the landslide onto intervenors' 1e property, intervenors have suffered loss and damage to land- 19 scaping, sprinkler systems, trees, shrubs, retaining walls to and have been threatened with destruction of their residences. 21 Intervenors are informed and believe that the costs to repair _._- . $B the landslide so as to protect the intervenors' property from 23 future loss and to repair damages that have occurred and to 24 reimburse intervenors for evergency expenses is in excess of $500,000. 26 • 17. As a further proximate result of the nuisance WNDR J,eptMiD tt 9*+MWr A7 Y. �V- wo amw... sum 916 "lot Oft-am 000.142 1 existing on defendants' properties, the value of intervenors ' property has been diminished. intervenors are informed and 3 believe that the diminution in value to intervenors' property 4 exceeds $300,000. Unless the nuisance is abated, intervenors' • S property will be progressively further diminished in value. 6 18. As a further proximate result of the nuisance q existing on defendants ' properties, intervenors have been hurt 8 and injured in their health, strength, and activity, sustaining 9 injury to their nervous system and person, all of which injuries 30 have caused, and continue to cause, intervenors great mental , 11 physical , and nervous pain and suffering. As a result of such It injuries , intervenors have suffered general damage in an 13 amount' according -to proof. 14 19. Unless defendants, and each of them, are enjoined 15 and ordered by this Court to abate the nuisance on their proper- 16 ties , it will be necessary to commence many successive actions 17 against defendants, and each of them, to secure compensation 18 for damages sustained, thus requiring a multiplicity of suits. 19 Intervenors will be threatened continually, especially when it to rains , with landslides, mudslides, and damage due to erosion 22 unless this Court orders that the nuisance- condition be abated. t8 -24D. - -Unless -de€endimts.r-and-eaeh-of them are en oined -- -- - ----►---..-... _. j 23 and ordered to abate the nuisance on their properties, inter- 24 venors will suffer irreparable injury in that the usefulness 25 and economic value of intervenors' property will be substan- 26 tially diminished and intervenors will be deprived of the MINOR A tCNIMD S VOWWTV a+&" 46"Irswav 7- sum vs ..mi....WAV....,. 000143 l comfortable enjoyment of their property. 8 21. Intervenors have no plain, speedy, or adequate a remedy at law; .and injunctive relief.is expressly authorized by a Sections 526 and 731 of the Code of Civil Procedure. b SECOND CAUSE OF ACTION 6 (Negligence) • '1 22. Intervenors reallege and incorporate by reference , 8 as is set forth herein at length, the allegations contained in 9 paragraphs 1 through 9, 11, and 12 of the First Cause of Action. 10 23. At all times relevant to this complaint , defendants, 11 and each of them, owned, maintained, controlled, managed, and 18 operated the lots of undeveloped real property along Barbara la -Way and uphill from plaintiffs ', property, and on Stein Way and 24 uphill from intervenors ' property. 25 24 . Defendants so negligently constructed and maintained 16 the drainage system, storm drains , catch basins, and road 17 surface on- Barbara Way, and/or on Stein Way, and/or on their 18 properties uphill from intervenors ' property, so as to violate 19 their duty to intervenors and to cause a landslide of saturated so soil onto the intervenors ' property. 22 25. As a result of the negligence of defendants, the 28 real property of intervenors was damaged as described in para- 23 graph 12 above. As a result of said damage, intervenors have 24 suffered monetary loss in theiramount of at least $500,000 for 25 repairs and reconstruction and in the amount of at least 26 $300.000 in the depreciation in value of their property. MINOR J.•CNMIO NTMARf AT Yb 14"FMRAWAT 4- Oslo) - M1N M1f;aM0 000144 1� together with general damages for pain. suffering, and emo- tional distress according to proof. S WHEREFORE, intervenors pray judgment against defendants. 4 and Cach of them. as follows: 8 1. For a permanent injunction enjoining the. nuisance 6 herein alleged and•.compelling defendants, and each of them, to 7 maintain their property and the easements appurtenant thereto. e and the drainage systems thereon, so as to prevent erosion, 9 soil saturation , and landslides which have damaged and will 10 continue to damage and threaten to destroy intervenors ' proper- 22 ty and interfere with their use and enjoyment of such property; 19 2. For $500,000 , or such other amount as may be proved, 1S for the repair of the landslide on intervenors' property; 14 3. For $300,000 , or such other amount as may be proved, gb, for the loss in value of intervenors ' real property; g6 4 . For general damages according to proof; 27 5. For costs of suit herein incurred; and 16 6. For such other and relief as the Court may deem 19 proper. to DATED: September 28. 1983. _ 21 J. SC D Attorney .fo GE EARL BORGE.BOND, 2 GL POND DOUGLAS BROADALE and GENEVIEVE BRODALE, Intervenors PA 89 26 WHOR J.9CMM D �9- . TONAM"AT w .utn a� MdYm.r1/.tML ^ ..,�.�....o 000145 3 Item No. 1 B All that real property situated in the County of Contra Costa, State of California, described as follows: B Portion of Lot 79, designated on the map entitled "Map of Sectioaization of a part of Rancho Laguna De Los Palos -Colorados, Contra Costa County, California", which b map was filed in the office of the Recorder of the County of Contra Costa, State of California, on August 8, 1916 6 in Volume 15 of Maps, at page 308, described as follows:. • 9 Beginning on the west line of the County Road known as Moraga Highway, at the northeast corner of the parcel g of land described as Parcel Two in the deed from Martha A. Red, et al to Albert H. Stein, et ux, recorded January 9 28, 1958 in Volume 3110 of Official Records , at page 215; thence from said point of beginning south 66° 49' 20" west, 10 along the north line of said Stein Parcel Two, 511 feet; thence south 21° 48' 35" east, 267.49 feet; thence north 11 70° 40 ' east, 76 feet to an angle point in the exterior boundary line of said Stein Parcel Two; thence along said 18 exterior boundary lines as follows : North 70° 40 ' east, 103 feet ; north 86° 35' east , 76 feet ; north 27° 25' west 13 20 feet and north 54° 19 ' 15" east, 15.16 feet ; thence north 43° 21 ' west , 118.7 feet ; thence north 45° 46 ' east, 14 122.05 feet ; thence north 73° 33 ' 50" east, 155. 77 feet 15 to the east. line of said Stein Parcel Two (3110 OR 215.) ; thence north 12° 50' 10" west , along said east line, 147 16 feet to the point of beginning. 17 Commonly known as Stein Way, No. 1, Orinda, California Title in the names of George William Bond and Pearl L. 18 Bond, his wife, as joint tenants 19 Item No. 2 80 All that real property situated in the County of Contra Costa, State of California, described as follows : Bl The parcel of land described in. the deed from George 22 William Bond, et ux, to Vivian Rose K. Patterson, at vir, recorded September_18,-1958 3n ..Volume 3230 of Offi6Ul -- 83 Records , at page 509. Ba Commonly known as f 3 Stein Way. Orinda, California. Title held in the names of Douglas L. Brodale and Genevieve K. 25 Brodale, his wife, as joint tenants t6 Wreamly AT Law MINOR J,aCMIR10 160 MrwAt • . own• o _ ravrw�.oru ' " «+n SUAW" EXHIBIT A 000146 PROOF OF SERVICE .BY MAIL E a I am a citizen of the United States and am employed in 4 Alamedi 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 December 6, 1983 , I served the within 8 COMPLAINT IN INTERVENTION FOR DAMAGES FOR NUISANCE, NEGLIGENCE AND FOR PERMANENT INJUNCTION 0 10 in said action by placing a true copy thereof enclosed in a 11 sealed envelope with postage thereon fully prepaid, in the United 12 States mail at Oakland, Alameda County, California, addressed as 13 follows: John J. Bartko, Esq. Andrew R. Adler, Esq. 14 Robert H. Bunzel, Esq. �l_ •/.Boornazian, Jensen & Garth Bartko, Welsh & Tarrant �'._ P. 0. Box 12925 15 One Maritime Plaza, Ste. 1440 \I Oakland, CA 94604 16 San Francisco, CA 94111 . �Cristine P. Birkhimer 17 - J. Timothy Lane, Esq. k' .-,Attorney At Law Ring, Athey, Ginocchio i Lane \� tower, Barban i Birkhimer P. 0. Box 97 % 555 California St. , #2455 16 Walnut Creek, CA 94596' '.San Francisco, CA 94104 10 H. Vincent McLaughlin, Esq. tDavid F. Beach, Esq. Greeve, Clifford, Diepenbrgck i Paras Law Office of Richard B. 20 1000 G. St. , Suite 400 rr? < $arrett Z1 Sacramento, CA 9581 4 .4710 El Camino Real ` Burlingame, CA 94010 22 I declare'under penalty of perjpry -tbn—thcrabove-fs - • 23 true and correct 24 Executed on December 8, 1983 at Oakland, •California. 15 TERRI R. PACHECO CONTINUED ON NEW PAGE. ... . ... .. . . . . _ 000147 1 PROOF OF SERVICE BY !MAIL 2 Continued page two 3 4 Craig A. Starr, Esq. Bledsoe, Cathcart, Boyd, Eliot & Curfman 5 650 California Street, Suite 2828 San Francisca, California 94108 6 Kouns, Marshall, Quinlivan & Severson,,, .,f ' 7 1922 The Alameda, Suite 310 �� ` San Jose, California 95126 8 Neufeld & Bybee 9 1211 Newell Avenue, Suite 110 Walnut Creek, California 94596 10 Eliassen, Postel & Eliassen 11 50 California Street, Suite 600 San Francisco, CAlifornia 94111 ` 12 S Malcolm A. King, Esq. 13 Remsen C. Barnard, Esq. King, Husa & Elin ` 14 1900 Olympic Blvd. , Suite 104 Walnut Creek, CA 94596 15 • 16 17 18 18 20 21 22 23 24 r 25 26 :_ 000148 r 4 l . 1 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPENDIX B 000149 The BQac� of Supervisors ' Contra,rEa officio c� ro of nn Ba Costa �In.o«ddwr n Counter �idminiatration Building .�J��Jy7lQ�/ cni.�a.�+� P.O. Box 911 ( " ") Martinez, Caliionnin 94553 . -too pwaws,10 DMMM "Noel C.RtAm aw DNtld pow 1.ed-oft.3M VWtW &Ww wlom McPak.41h DWfid tan TOAWen.W Di> fW January 31 , 1984 qp; Kumao` and 'TeruXo Yamashita Bledsoe, Cathcart,Starr,A. Cathcart, Boyd, Eliot & Curfman :,r, r°r; ' � ` Suite 2828, 650 California St . San Francisco, CA 94108 NOTICE 9M CLNIIM Cn --�— PT—Late-Filum) tPreo Government Code section 911.3) amended (x) The'4claim you presented to the Board of supervisors of Contra Costa County, California, as governing body of the x x County of Contra Costa and/or District, an January 30, 1984 is being returned to you herewith becauswas not presented within 100 days after the event or occurrence as required by law. (see sections 901 and 911.2 of the Government Code.) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay to the Board of supervisors (in its capacity meted above) for leave to present a late claim. (see Sections 911.4 to 912.20 inclusive, and Section 946.6 of the Government Code.) tinder sane circumstances, leave to present a late claim will be granted. (See Section 911.6 of the Government Code.) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to, consult an attor- ney, you should do so immediately. TO Be 711A D IN BY Tim CUM OF TBE BOM ME IF iAppldC9 me. � since a portion of your claim is not antimely, we are retaining a copy of your claim for Board action an that portion of your claim which is not untimely. J. R CLSSON, County Clerk Sy: L/ Q�LLu.I� Dtputy Clerk = January 31 , 1984 Date 000150 i r 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 000151 APPENDIX C ty u Board Action : AMENDED CUA! January 31 , 1984 UM Q WPM RSM Qr COW CCeD1 Mgme CALIlCIBM Claim Against the O=tyr or District ) NMCS sD C[alMM gmrby the Board Of Supervisors• ) 2t* Copy a t ed to you is yam ned pouting Rdocaemento, and Hoard ) notice of the action taken en Your claim by the Action. All Section references are ) Board of Supervisors (paragraph IV, below). to Califamia_Govermenit codes ) given pursuant to Goverment Code Section 913 Claimanst: Kumao and Teruko Yamash"q 915.4* plea note all NlkrninW# Craig A. Starr, Esq . Attoeney: Bledsoe , Cathcart, Boyd, Eliot 6 Curfman Addreas= Suite 2828, 650 California St. San Francisco, CA 94108 Via County Counsel per= ;196189000'.00 + By delivery to Clerk an January 30, 1984 Date pmoeivedn January 31, 1984 By tel, postmarked an !rant Clerk 31 the Board of Supervisocs TDs County Cbu nse Attached is a copy of the abon-noted claim. Dated, January 31 , 1984 J.R. CESSM, Clerk, By Deputy P . 19dritiV Ii. JRR: county To: Clerk of the awd of Super sora . Peck only ane) (xnq This claim am plies substantially with Sections 910 and 910.2,0 except as stated below. ( ) This claim PAIIS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Hoard cannot act for 15 days (Section 910.8). (X4 Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimants right to aap�pply for 1eav�e to present a late claim (Section 911.3), as to all claims (otF►er than claims or causes of actioi re indemnificatiort�'tamage to real property) which arose more than 100 : . .> days prior to the filing of the claim (xx) Other: Ketain copy tor action on timely wnicn is un Mme y Uy means OT afTacnea Torm. Dated; 9january 33 , ivtsq By; Aee ALDeputy po:a:ty tassel III. Pi: Clerk of the Board TO: (1) county counsel, (2) 04unty Administrator K) Claim was returned as untimely with notice to claimant (Section 911.3). 1N. son CDER By unanimous vote of Supervisors present ( ) This claim is rejected 10-bill. (xx) Others Portions of the claim considered by the Board rejected in full . i i Icaar� y t this is t� a true correct Copy Hoar a Qt enter is Januar 31, 194 �� Dated: y J. R. (13SCH, Clerk, - per JO}'YjQ.�lc=wa . Deputy Clerk IS1td= (Clow. code Section 913) &1Wt to certain *aoeptians, yyoouu have only six (6) mantbe from the data Of this aotioe was personally served Cc deposited is the mail to file a Cart action On this Claim, See 9wernment Code Section Meg, YOU may seek the advion of an attorney of your choice in eoeoectian with this matter. If you want to consult an attorneu should do so Leaeaiatel"p. 000152 I CRAIG A. STARR, ESQ. BLEDSOE, CATHCART, BOYD. ELIOT& CURFMAN 2 SUITE 2828 650 CALIFORNIA STREET 3SAN FRANCISCO. CALIFORNIA 94108 (415) 981.5411 4 ATTORNEYS FOR CLAIMANTS _ KUMAO AND TERUKO YAMASHITA - 5 6 7 8 IN THE MATTER OF THE CLAIM OF 9 KUMAO and TERUKO YAMASTHIA v. COUNTY OF CONTRA COSTA 10 11 12 KUMAO and TERUKO YAMASHITA, through their undersigned r 13 attorneys , hereby present this claim to COUNTY OF CONTRA COSTA, 14 in supplement to their claim filed with the County of Contra 4 15 Costa on December 23 , 1983, pursuant to §910 of the California 16 Government Code. 17 1. Claimants Kumao and Teruko Yamashita' s mailing 18 address is 2711 Tulare Avenue, El Cerrito , California 94530. 19 2. Correspondence and notices concerning this supple- 40 mentary claim should be sent to the claimants ' undersigned 21 attorneys , Bledsoe, Cathcart, Boyd, Eliot & Curfman, by Craig A. 22 Starr, Esq. , 650 California Street, Suite 2828 , San Francisco , 23 California 94108. 24 3. This is a claim, supplementing the claim filed 25 with Contra Costa County on December 23, 1983, for indemnification 26 of claimants Kumao and Teruko Yamashita by County of Contra Costa 27 in connection with claims against claimants Kumao and Teruko 28 Yamashita in that certain action at law entitled Severson V. 000153 1 Erb, et al. , now pending • in the Superior Court of California in 2 and for the County of Contra Costa, and numbered therein No. 3 247509. In particular, the following facts support the claimants ' 4 supplemental claim for indemnification by County of Contra 5 Costa. 6 A. On or about January 26, 1984, plaintiff-in- 7 intervention, State Farm Fire & Casualty Company, filed its 8 complaint-in-intervention for subrogation in the aforesaid 9 action at law, to recover monies paid to its insureds , Ralph 10 and Betty Severson, George and Pearl Bond, and Douglas and 11 Genevieve Brodale, on their claims for loss resulting from the 12 landslide which is the subject of the underlying action at law 13 now pending in the Superior Court of California, County of 14 Alameda, and numbered therein 247509, Severson v. Erb, et al. i 15 Without admitting any of the allegations thereof, a copy of the f I 16 said complaint-in-intervention for subrogation is attached 17 hereto and incorporated herein as Exhibit A. 18 B. State Farm Fire & Casualty Company' s 19 complaint-in-intervention for subrogation was served upon the 20 claimants on or about January 30, 1984. Claimants have filed 21 an answer denying liability and asserting affirmative defenses . 22 C. Additional complaints-in-intervention for 23 subrogation are anticipated from other insurers , as well as 24 additional cross-complaints in connection with the filing and 25 service of the aforesaid complaint-in-intervention for subro- 26 gation. 27 D. Claimants are informed and believe that the 28 County of Contra Costa was careless , negligent and otherwise 000154 2 - 1 wrongfully acted or omitted to act in connection with the 2 approval, design, construction, maintenance, soils tests , 3 granting of permits and other supervisional , regulatory, or 4 oversight responsibility for drainage systems , roadways , and 5 other improvements upon land in the vicinity of Stein Way, and 6 that such negligence, carelessness and other wrongful acts and 7 omissions proximately caused the damages of which the plaintiffs- 8 in-intervention and cross-complainants complain in the aforesaid 9 action-at-law. 10 E. If claimants are found liable to the 11 plaintiffs-in-intervention or to any cross-complainant in the 12 aforesaid action-at-law, which liability is expressly denied, 13 these claimants are entitled to be indemnified by the County of i 14 Contra Costa on a comparative fault basis due to the aforesaid 15 carelessness , negligence and wrongful acts and omissions of the 16 County of Contra Costa which in fact proximately caused the r 17 damage and injuries complained of in the aforesaid action-at- j 18 law. 19 F. In the event that claimants are found 20 liable in the aforesaid action-at-law to the plaintiffs-in- 21 intervention, or to any cross-complainant , which liability is 22 expressly denied, such liability will attach only by reason of 23 the active, primary and direct negligence and wrongful acts and 24 omissions of the County of Contra Costa, as aforesaid, and the 25 secondary, passive and derivative negligence of these claimants , 26 so as to entitle these claimants to be totally indemnified by 27 the County of Contra Costa for any such liability. 28 00015 - 3 - f 1 1 1 4. The names of specific public employees who may 2 be responsible for specific acts of negligence or wrongful acts 3 or omissions are not presently known to this claimant . Discovery 4 and investigation are continuing. 5 5. Claimants cannot state a specific dollar amount 6 for this supplemental claim for indemnity. The exact extent of 7 the damages of the plaintiffs-in-intervention has not been 8 established as of this date , and discovery in the lawsuit is 9 just beginning. Also, the damages of these claimants will be 10 contingent upon a determination of the damages sustained by the 11 plaintiffs-in-intervention and upon a determination that these 12 claimants are responsible in some way for those damages , either 13 by way of settlement or adjudication. 14 6. WHEREFORE, claimants hereby make supplemental 15 claim upon the County of Contra Costa for such contingent i 16 amounts as claimants may be found liable to the plaintiff-in- 17 intervention and any other plaintiffs-in-intervention or cross- 18 complainants which hereafter may file complaints against 19 claimants in the aforesaid action at law. 20 DATED: �esw•� ('S. �r1jY 21 BLE , CATHCART, BOYD, LIOT CU 22 23 B Craig Starr 24 Attorn s for Claimants Kumao nd Teruko Yamashita 25 26 27 28 4 000156 iAiJ it - r,''^�'_•..J ==#�.1,� �,�. 1 :SCOTT BURESH (7 I :YORK, BURESH & KAPLAN �] 21708 Shattuck Avenue u 'Berkeley, California 94709 JA.P� r o 3 .;Telephone : (415) 548-7474 0 �� + i 4 ,Attorneys for Intervenor 'STATE FARM FIRE & CASUALTY 5 COMPANY, an Illinois corporation I 6 ' 8 li SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF CONTRA COSTA r � 10 i. 2 e. 11 RALPH F. SEVERSON and NO. 247509 :BETTY SEVERSON, z 12 COMPLAINT IN INTERV_NT:ON - s Plaintiffs , t z 13 k r s 14 VS . = c :MR, and MRS. WILLIAM G. ERB , S 15 .et al . , 16 Defendants . is � 17 GEORGE BOND, PEARL BOND, DOUGLAS 18 BRODALE and GENEVIEVE BRODALE, 19 ' Intervenors , 20 Vs . 21 XR. and MRS. WILLIAM G. ERB, et al. , 22 23 Defendants. 24 IPITATE FARM FIRE & CASUALTY i 25GMPANY, an Illinois corporation, I 26 I! I Intervenor, �i 000157 EXHIBIT A I 1 v8. 2 MR. AND MRS. WILLIAM G. ERB, MR. AND MRS. GEORGE W. KASTEN, 3 CHRISTINE L. ELLIS, EMMA M. GOODMAN, MARGARET WRIGHT BOMAR, 4 CONSTANCE L. COUTS, MR. AND MRS. KUMAO YAMASHITA, DAVID W. JEDELL, 5 URVE S. ROWINSKI , MR. AND MRS. SATYA NARAYAN RAY, GEORGIA L. 6 MORRISON, SUSAN A. THACKER, SCOTT CUNNINGHAM, LLOYD P. 7 :MORTENSEN, MICHAEL W. WOOD, M. AND MRS. STEPHEN R. SHEPHARD, 8 iMR. AND MRS. HARRY R. SHEPHARD, OMNI HOLDING CORPORATION, a 9 Icorporation, and ORINDA DEVELOP- IMENT COMPANY, a corporation; and C 10 DOES I through L, inclusive, YR 11 Defendants. I Cz Q 12 Jc Y 13 1 . Intervenor State Farm Fire & Casualty Company (herein- ; i � 14 after "State Farm") alleges as follows: CO cce6 15 2 . Plaintiffs Ralph Severson, Betty Severson, George Bond, 0 } 16 iPearl Bond, Douglas Brodale and Genevieve Brodale own property in 17 the vicinity of Stein Way, Orinda, California, which property is 18 'insured against risk of loss by intervenor State Farm. 19 3 . In March 1983 , a landslide, for which the defendants 20 herein are legally liable, occurred, which posed an imminent 21 hreat of destruction to the homes of the Seversons, the Bonds 22 and the Brodales, rendering them a constructive total loss. 23 4 . Intervenor State Farm paid to the Seversons, Bonds and 24 rodales the limits of coverage under their respective policies 25 Df insurance. 26 000158 2 i 1 5. Intervenor State Farm is subrogated to the rights of 2 its insureds as against defendants herein, including the enforce- 3 ment of the insureds ' remedies against the defendants for the 4 damages which have occurred. 5 FIRST CAUSE OF ACTION 6 (Nuisance) 7 6 . Intervenor 's insureds are, and at all times herein 8 :mentioned were, the owners of and in possession and control of, 9 (certain real property consisting of land and single family resi- i 10 'dences located at Stein Way, Orinda, California. 1 11 7 . Defendants Mr. and Mrs. William G. Erb, Mr. and Firs. icz 12 JGeorge W. Kasten, Christine L. Ellis , Emma M. Goodman, Margaret LF, 13 13 1Wright Bomar, Constance L. Couts , Mr. and Mrs. Kumao Yamashita, 14 (David W. Jedell, Urve S. Rowinski , Mr. and Mrs. Satya Narayan d W d I ° 15 Ray, Georgia L. Morrison, Susan A. Thacker, Scott Cunningham, j L 0 :- 16 ;Lloyd P. Mortensen, Michael W. Wood, Mr. and Mrs. Stephen R. I 17 Shephard, Mr. and Mrs. Harry R. Shephard, OMNI Holding Corpora- 18 (tion, Orinda Development Company, and DOES I through L, inclusive 19 fare, and at all times herein mentioned were, the owners and in 20 ;possession and control of certain real property consisting of 21 lundeveloped lots adjoining the private roads designated and known 22 as Barbara Way and Stein Way, Orinda, Contra Costa County, 23 California, and which lots are uphill , from the intervenor 's 24 insureds ' property. 25 8. The true names or capacities, whether individual, cor- 26 porate, associate, or otherwise, of defendants DOE I through DOE 000159 3 1 L are unknown to intervenor, who therefore sues such defendants 2 by such fictitious names, and will amend this complaint to show 3 their true names and capacities when ascertained. Intervenor is 4 informed and believes , and thereon alleges, that each of the 5 defendants designated as DOE I through DOE L is responsible in 6 some manner for the nuisance herein referred to and thereby 7 'proximately caused injuries and damages to the plaintiffs as 8 herein alleged. 9 9 . Intervenor is informed and believes, and thereon i C 10 lleges, that at all times herein mentioned each of the Q a 1 Y7 11 efendants was the agent and employee of each of the remaining o� < 12 efendants, and in doing the things hereinafter alleged, was 13 cting within the course and scope of such agency and employment. 1 4 � 14 10 . Each defendant 's property is uphill or upslope from the n od ` 9to 15 Intervenor 's insureds ' property and each such property has been j } 16 graded and/or filled and maintained in such a manner as to change 17 and divert the natural surface water course and flow. 18 11 . Poorly constructed roads, building pads, and associated 19 rainage facilities in the vicinity of Barbara Road and Stein Way 20 were not properly completed or maintained, causing surface. water 21 un-off from the real property owned by and under the control of 22 lefendants to be diverted and directed down the unpaved roadway 23 Jesignated as Barbara Way and into an, area at the top of Stein 24 ay where it was allowed to stand in ponds and percolate into and 25 aturate the soil above intervenor 's insureds ' properties and 26 residences. 000160 4 1 12. Storm drains installed on the lots of defendants, which j 2 if properly installed and/or maintained, would have carried the 3 surface waters away from the top of Stein Way and prevented the 4 percolation into the soil and saturation of the soil above inter- j 5 venor 's insureds ' property, were so negligently constructed 6 and/or maintained as to be useless in the removal of surface 7 water run-off. 8 13 . Barbara Way is an undeveloped roadway of which, inter- 9 venor is informed and believes, each of the defendants named in b 10 this cause of action owns a portion and in which each of said Y11 ;defendants owns an easement of use , has remained unpaved for a Ii oZS 12period of years and has been allowed to erode and deteriorate so s Y i L13 that the storm drains and catch basins installed along its length y 14 have become useless, with the result that Barbara Way has become LY 15 a conduit of surface waters into ponds at the top of Stein Way O } 16 and into the soil above the intervenor 's insureds ' property. 17 14. Prior to the grading and leveling of the lots which 18 belong to the defendants, and prior to the construction of 19 Barbara Way, the surface water run-off did not flow into ponds at 20 the top of Stein Way, nor percolate into the soil above the 21 intervenor 's insureds ' property as it now does. 22 15. The grading of defendants ' lots, the grading of the 23 roadway known as Barbara Way, and the lack of maintenance of the 24 lots and the storm drainage system has caused a nuisance as 25 efined in Section 3479 of the Civil Code to exist on the defen- 26 ants ' properties which is injurious to the intervenor 's 000101 5 1 insureds ' property and interferes with the intervenor 's insureds ' 2 use and enjoyment of said property. 3 16 . Beginning on or about March 19, 1983s, the earth and mud 4 above intervenor' s insureds' property began to slide down onto 5 intervenor 's insureds ' property as a proximte result of the 6 inuisance condition that exists on defendants ' properties. 7 17 . As a result of the landslide onto intervenor 's 8 insureds' property, the insureds have suffered loss and damage to 9 landscaping , sprinkler systems, trees, shrubs, retaining walls i 10 and have been threatened with destruction of their residences. i Y11 Intervenor has made payment to its insureds for these losses. I� Q 12 1 SECOND CAUSE OF ACTION YA V) 13 18. Intervenor incorporates the allegations of the First 1 u � 14 Cause of Action. ° 15 19. Defendants, in doing the acts alleged, altered the 0 16 natural system of drainage on their property, which alteration 17 1was a proximate cause of the damages to intervenor, as alleged. i 18 20 . Defendants are to be held strictly liable for damages 19 resulting from their alteration of the natural drainage system, 20 under the authority of Keys v. Romiev, 64 Cal .2d 396 . 21 THIRD CAUSE OF ACTION 22 (Negligence) 23 21 . Intervenor incorporates the .allegations in the First 24 Cause of Action. 25 22 . At all times relevant to this complaint, defendants, , 26 and each of them, owned, maintained, controlled, managed, and 000162 6 A • I operated the lots of undeveloped real property in the vicinity of 2 the property of plaintiffs Bond, Brodale and Severson. 3 23 . Defendants negligently constructed and maintained the 4 drainage system, storm drains, catch basins, and road surface on 5 Barbara Way, and/or on Stein Way, and/or on their properties 6 Juphill from said plaintiffs ' property, causing a landslide of 7 saturated soil onto said plaintiffs ' property. 8 24 . As a result of the negligence of defendants , the real 9 property of intervenor 's insureds was damaged as described in 10 paragraph 13 above. As a result of said damage, intervenor has 2 a 11 made payments to its insureds, together with general damages for 30?S Q 12 !pain, suffering , and emotional distress according to proof. Y t2 � 13 WHEREFORE, intervenor prays judgment against 14 defendants, and each of them, as follows: CL1 o d 15 1. For general damages according to proof; } 16 2 . For costs of suit herein incurred; and 17 3 . For such other and further relief as the Court may deem 18 Oust and proper. 19 DATED: January �2 -N , 1984 . YORK , BURESH & RAPLAN 20 21 By SCOTT BURESH 22 Attorneys for Plaintiffs and Intervenors 23 RALPH F. SEVERSON and BETTY SEVERSON 24 25 26 000163 ] PROOF OF SERVICE BY MAIL- - C.C.P. Sec . 2 3 I am employed in Alameda County, California. I am over 18 years of age and not a party to the within action or 4 proceeding; my business address is: 1708 Shattuck Avenue, Berkeley, California 94709. 5 On the date entered below, I served a true copy of the 6 foregoing document *** by placing it enclosed in a sealed envelope with postage thereon fully prepaid, in the United States 7 mailbox at Berkeley, California. Said envelope was addressed as hereinafter set forth in this declaration. If more than one 8 addressee appears , this declaration applies to each. 9 I declare under penalty of perjury that the foregoing is true and correct , and that this declaration was executed at � 10 erkeley, California on Y 11 anuary 27 , 1984 _ � ,� < 12 ate Si atur :K ' rley M. Boggess y 13 ** COMPLAINT IN INTERVENTION (SUBROGATION) 14 CO Susan J. Mahl 15 IKOUNS, MARSHALL, QUINLIVAN & SEVERSON m 922 The Alameda, Suite 310 0 0 16 3an Jose, CA 95126 17 4alcolm A. King ING, HUSA & ELIN 18 i 900 Olympic Blvd. , Ste. 104 alnut Creek , CA 94596 19 ristine P. Birkhimer 20 OWER, BARABAN & BIRKHIMER 55 California Street, Ste . 2455 21 3an Francisco, CA 94104 22 avid F. Beach aw Offices of RICHARD B. BARRETT 23 L701 E1 Camino Real Burlingame, CA 94010 24 raig A. Starr LEDSOE, CATHCART, BOYD, ELIOT & CURFMAN 25 i50 California St. , Ste . 2828 an Francisco, CA 94108 26 000164 I Thomas G. Beatty MCNAMARA, HOUSTON, DODGE, MCCLURE & REY 2 P.O. Box 5288 Walnut Creek , cA 94596 3 Laurl J. Dorman 4 SEVERSON, WERSON, BERKE & MELCHIOR One Embarcadero Center, 25th Floor 5 San Francisco, CA 94111 6 Roger B. Eliassen ELIASSEN, POSTEL & ELIASSSN 2 X50 California St . , Ste . 6 '�0 San Francisco, CA 94111 8 J. Timothy Lane 9 RING, ATHEY , GINOCCHIO & LANE, INC. P.O. Box 97 C 10 Walnut Creek , CA 94596 Y 11 Andrew R. Adler OORNAZIAN, JENSEN & GARTHE oZS 12 iP.O. Box 12925 L Y bakland , CA 94604 i 6 13 H. Vincent McLaughlin 14 IGREVEr CLIFFORD, DIEPENBROCK & PAN f mLOOO G. Street, Ste . 400 9 6 15 Sacramento, CA 95814 L 0 16 ;inor J. Schmid ttorney at Law i7 440 Broadway, Ste . 810 akland , CA 94612 18 19 20 21 22 23 24 25 26 000165