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HomeMy WebLinkAboutMINUTES - 04031984 - 1.13 Board Action : ---J �'IAIlK April 3, 1984 Cr SMW=S= Q� Ci'�TPRA C NM Com"r CRLTFCRM 1,6 Ar�d Contra Costa County Flood Control and Water Conservation Dist . Claim Against the Ckxmty, or District ) NOTICE TO CIAIMM governed by the Board of Supervisors, ) 'line copyt ed to you is your Routing Endorsements, and Board ) notice of the actio: 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 9104. Please note all OWariffi Zounsel Claimant: Russell J . Bruzzone & Joan E . ruzzone Attorney: Roderick D. Jones MAR 0 1 1984 Archer & McComas Martinez, CA 94553 Address: 1299 Newell Hill Place , Suite 300 P . O. Box 8035, Walnut Creek , CA 94596 Hand delivered Amort: $4 0, UO 0 .+ . By delivery to clerk an February 29 , 1984 Date Received: —February 29, 1984 By mail, postmarked on I. FRCM: -Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated f e b r u a ry 299 1984 J.R. Q.SSCid, Clerk, By _ ' Deputy Mari II. FRC24: County Counsel TO: Clerk of the Board of Super sons (Check only ane) ( ) This claim complies substantially with Sections 910 and 910.2. c5 �x¢_ QP'h O `� of ()c) �A s aim F� to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). o } tuuPKA timely filed. Clerk should return claim on ground that it was filed `late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). Au cn..,wtA �'{�aLib ov, Y e 4-e �p^r�t �"►'� �t-� a.ecArkxe. m re- k L..�w. l Q cv(�1Or! i o C fzn, ( ) Atl Cu�wes c nch v» ( 1=V� YYYf inri vX Nt�e e C1sa� o r eoy, -1 r: ( r v rete_ Dated: By: Ali" Deputy County Counsel III. FRCM: Clerk of the Board TO: (1) County 1, (2) Canty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD Qa$[t By unanimous vote of Supervisors present ( ) This claim is rejected in full. (�( ) Other: &-LL:a� Al 21c.e -, 2. I certify that this is a true and correct copy of the Boar 's Order entered in its minutes for this date. Dated: 3 . I48y J. R. CLSSQQ, Clerk, By Y49t � � ��-��o , Deputy Clerk MMM (Gov. Code Section 913) Subject to certain exoeptions, you have only six (6) months from the date this notice was personally served cc deposited in the mail .to file a cart action an 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, your should do so innrediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator v Me notified the claimant of the Board's action on this claim by mailing a copy of this documennte 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 DAM:to claimant. t 9 J. R. Q�SON, Clerk, By �J �� Deputy Clerk cc: County Administrator (1) County Counsel (2) 000014 CLAIM 4"MMRFE 12 E M$4 r - � Yy /3n-4 MEM1 County Claim of `J 1964 RUSSELL J. BRUZZONE and ) III&im 116p JOAN E. BRUZZONE , ) MtiTt2neu, CA 54553 Claimants , ) CLAIM PURSUANT TO GOVERNMENT CODE VS. ) SECTIONS 901 and 910 COUNTY OF CONTRA COSTA, ) FFEB IVED CONTRA COSTA COUNTY FLOOD ) CONTROL AND WATER )CONSERVATION DISTRICT, ) 9 ;84 Respondents. ) J. R. OLSSON CLERK BOARD OF SUPERVISORS B ..�.//.C F MRA. OSTA (O :�..Deputy Pursuant to Government Code, Sections 901 and 910 , a claim is hereby presented for implied indemnity and/or partial equitable or comparative indemnity, inverse condemnation, nuisance, negligence , and trespass to real property as follows : TO: COUNTY OF CONTRA COSTA AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 651 Pine Street Martinez, CA 94553 (a) Claimant ' s name and address is as follows : RUSSELL J. and JOAN E. BRUZZONE .,99 Hope Lane Lafayette , CA 94549 (b) Claimants desire notices to be sent to : ARCHER & McCOMAS 1299 Newell Hill Place, Ste. 300 Walnut Creek, CA 94596 (c) The dates , place and other circumstances which give rise to this claim are as follows : Claimants , Mr. and Mrs. Russell Bruzzone own certain unimproved and undeveloped natural acreage to the north and immediately adjacent to the residence of Mr . and Mrs. Lester Simpson, residence at 39 Brookdale Court in Lafayette. 000015 ti In late February or early March of 1983 , Las Trampas Creek ran across the property line that separates the adjacent property of Mr. and Mrs. Russell Bruzzone. In late February or early March of 1983 , a portion of the land on the north side of Las Trampas Creek began to slide. This was in an area behind the Simpson home located at 39 Brookdale Court , Lafayette. A portion of this land . was located on the Bruzzones ' property, and a portion was located on the Simpson property. Thereafter , and sporadically, in increasing degrees to the current time, additional landslides have occurred in the same area. A major portion of the land slid on -December 15 , 1983 , and for a time totally blocked Las Trampas Creek. An emergency channel was cut through the debris and a three foot steel culvert was inserted in the trench through the Simpson property in an effort to drain sufficient. quantities of water backed up in Las Trampas Creek, to avoid flooding. The steel culvert pipe was washed out of position and as a result, a substantially wider channel was eroded by the flow of water through the mass , so that currently the flooding danger has been significantly reduced. (d) A general description of the damages and loss incurred so far as is now known, is as follows . A massive landslide occurred at the above mentioned place causing property damage. It is believed this damage was caused in part by the improperly designed , developed , constructed and maintained drainage system in and about the City of Lafayette , which system comprises pipelines , culverts , trenches , sewers , run-outs and waterways , including those portions of Las Trampas Creek adjoining claimants real property. At all material times, the County of Contra Costa and the Contra Costa County Flood Control-Water Conservation District was the predecessor in interest to the City of Lafayette with the respect to planning, development , construction, ownership and maintenance of that part of the City of Lafayette ' s storm drainage system known as Las Trampas Creek. It is further believed and claimed herein that the County of Contra Costa , and the Contra Costa County Flood Control-Water Conservation District and its officers , servants , and employees contributed to and/or caused the above-mentioned damage, by, among other things , its negligence in planning, development, main- tenance , construction and consultation regarding said storm drainage system. Further , the herein respondents have failed to properly super- vise and negligently approved plans regarding the installation of said storm drainage system. 00001. 0 , (e) The names of the public employee or employees causing the injury, damage or loss is unknown at this time. (f) The amount claimed as of the date of presentation of this claim and the estimated amount of any prospective injury, damage or loss are unknown at this time. However , to date, more than $40,000.00 has been spent as a result of the above described damages. It is estimated that an additional amount of money, ' probably in excess of $500,000. 00, will be necessary to do repairs on. claimants ' property. Additionally, the value of claimants ' property has been diminished substantially, and it is doubtful that any amount of repairs will be able to return the condition of the property to its former state, such that there would be no diminution in property value. (g) Both the City of Lafayette, and the County of Contra Costa and Contra Costa County Flood Control-Water Conservation District have filed cross-complaints and the county has served their cross-complaint on claimants , with an open extension to answer. (h) This claim is presented by the law offices of ARCHER & McCOMAS , on behalf of the above named claimants. DATED: February 28, 1984 7VH & McCOMAS BY : DE ICK D. JONES Attorneys for RUSSELL J. BRUZ NE and JOAN E. BRUZ'ONE 00001'7 1 RODERICK D. ,1pNP;S LAW Or FICEi 2 AI?CIIEI2 & DICCOMAS !�f .nacre s �w. cca.nw.n�w 3 II 1299 NEWELL HILL P,.A C r.SIJ ITE 300 F`, O, AO>< 303K WALNI)T (:.PCf.K,C.AUFOPNIA 94!7,93 4 tnl!51 ')30-6600 5 I� ;ltfurncys fur--D!,._f.end int (s) ,III 6 RUSSELL J. BRUZZONE and JOAN E, BRUZZONE 7 ? Iri T}iF: SCIPI:I: 1OR COtiRT OF T111? STATE OF Cl1L1FORNI ' IN AND FOR' THE COUNTY OF CONTRA COSTA i 10 � )� 11 I LESTER L. SIMPSON, HELEN J . SIMPSON ) 12 ( Alaint.iff (:;) ) CASE NO : ) 251096 I 13 PROOF OF SERVICE_ 14 RUSSELL J. BRUZZONE and J,0AN E . ) BRUZZONE , et al . ) 15 Uolendants . ) ) I 17 I ,PATRICIA BENJAMIN, d Clare: 18 1 am a citizen of tl(� United ;sates and a resident of the Country of. Contra Costa , State of California; I am over the 19 age. of eighteen years and am not a party to the to the within above-entitled action; my business address is 1299 Newell Hill 20 Place , Suite 300 , Walnut Creek , California 94596 . 21 OnFebruarlt 28, 1284 I served a copy of the attached C'j,ATh1 PTTRSTIANT Tn GOVERNMENT COT)F. 22 —.—�).CTIQNS_-9Q1 and 910 on the parties in said action by placing a true copy thereof 23 enclosed in a sealed envelo2e ,and hand delivering to: 24 COUNTY OF CONTRA COSTA AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSEbtATION DISTRICT 25 651 Pine Street Martinez, CA 94553 26 27 000018 28 EXECUTED ON: February 28 , 1910-4 - /- ttt. o . 2 CTij2CTi PATRICIA BENJAMIN Board Action : CUUM April 3 , 1984 �_�OARD Qi SOPERVIXW CV cow Com 0301PPy, Q1LII"Um Claim Against the County, cr District ) RMCB TO C[%TtVW governed ty the Board of Supervisors, ) ?he copyCM s t ana ed to You is Your 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). o California Government Codes ) given pursuant to Goverrvent Code Section 913 and 915.4, please note all 'q,vu*"unsel Claimant: Harry Shepherd and Elinor Shepherd Attorney: Kristine P . Birkhimer FEB 2 7 1984 Bower, Baraban & Birkhimer (Martinez, CA 94553 Address: 555 California St . #2455 San Francisco , CA 94104 Amount: $6009600 . 00 By delivery to clerk on Date Received: F-eb r u a r y 27 , 1984 By rail >fied February 24 , 1984 xprce s ai C�ai I. nom: Clerk of the Board of Supery sons 70: County Course Attached is a copy of the above-noted claim. February 27 , 1984 \ Dated: J.R. 0L.SS0P1, Clerk, By � / �-u-� Deputy II. FROM: Canty Counsel 70: Clerk of the Board of Super sora (Check only ane) (Y,) This claim complies substantially with Sections 910 and 910.2.,0yceft a.s v20-tca 1ela-L-J � ( ' ) This claim to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). (�() 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 gj� (Section 911.3).See &0leu1 a&a - -r `s C4�vx U Lc as fa �t et Ctuupp trZ C tA-L'd-t. a t n o» (L- c 4LL4�vti 't 4, (� OCJIeL,vi Jzt J G�c o o tue �2t oz tc. tL .� {i 7 t&d 4 9 Dated: - By: Deputy CountyclCmmel III. PRC14: Clerk of the Board TO: (1) Canty Counsel, (2) County Administrator (X) Claim was returned as untimely with notice to claimant (Section 911.3). IV. DOM C M By unanimous vote of Supervisors present ( ) This claim is rejected in full. n ( Other: ,._ v, 0 zl� aW f_J Z,( 0 t2, -!_-� /2.-Q I certify that this s a true and correct copy of the boardis Order entered in its minutes for this date. n Dated:-QA;v (' 3, i q 9 41 J. R. CESSCN, Clerk, By . Deputy Clerk IQ RM G Pw, Code Section 913) Subject to certain eweptions, You have only sin (6) months from the date this natice was personally served or deposited in the man .to file a court action an this claim. See Goverruent Code Section 945.6. You may seek the advice of an attorney of Your choice in connection with this :natter. If You want to consult an attorney, You should do so immediately. V. PKX: Clerk of the Baud 10: (1) County Counsel, (2) Canty Administrator 11e notified the claimant of the Board's action on this claim by mailing a copy of this documentr 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 tp claimant. D!A't'ID: 3 r 9 J. R. R8.'M, Clerk, By Deputy Clerk cc: County Administrator (1) County Counsel (2) 000019 CLAIM -(CLA'Itd TO` BG�S�J OF SUPERVISORS OF CONTR OSTA 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 i.lOrl . Claims rE'1<?t1I17 t0 ails' i:.^. ?" C l!SL Of a c-t io. must bi. p ri.Sented noL later the n 011e: year 2tfter tl-e accrual 01. CL." ca;?Se 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 HARRY SHEPHEE.p .,, .arid ) RECEIVED CE,1 V ' ED =NOR SHEPHERD ) � ,.��� Against the COUNTY OF CONTRA COSTA) FEB ;a 198.$ or DISTRICT) J. R. OLSSON (F i 11 . i n name) ) CLERK BOARD OF SUPERVISORS B � 1. Qco� The undersigned claimant hereby makes claim against the Coun tra Costa or the above-named District in the sum of $ 600 000 00 and in support of this claim represents as follows: ------------------------------------------------------ -------- 1. When did the damage or injury occur? (Give exact date and our . PLEASE SEE. ATTACHED. Thank you. ------ ----------------------------------------------------------- 2. �Igere did'the damage or injury occur? (Include city and county) .140 Stein Way, Orinda, Contra Costa County, California . ------------------------------------------------------------------------ 3. Hod did the damage or injury occur? (Give full details, use extra sheets if required) The damage occurred when mud above the property located at 140 Stein [day began moving down towards that property. -----,--------------------------------------------------------;-s rILC --- 4. :;hat particular act or omission on the part of county or. c�zstrict officers ; servants or employees caused the injury or damage? PLEASE SEF. ATTACHLD. Thant: you. 000020 - (over) . -Y--_,.,_,_,._,,,,,,�.'...------- --• _.. .. _. ;. .. . . _. _.. . fir..y �y�. �6s 5. What- are the names of county or district officers , servants or employees causing the damage or injury? Unknown at this tir.-ie . ------------------------------------------------ -- ------- - --- -------- - OTS _L'el�l1;_>_:�:i do !ecu C.7 aiI'l r-su t�,d?— -(Ci_? full P,fte -�! i C7:10 C'_S�.). 3i_:ES to .... .!) damage) PLEASE SEE ATTACHED. Thank you. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) PLEASE SEE ATTACHED. Thank you. ' 8--. N-----ames---- --- and---- add-resses-------- of-----witne----sses--,--doctors--------a-n-d--hospitals---------.------------- _ PLEASE SEE ATTACHED. Thank you. - --------------------------------------------------------------------- 9-.--List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Unknown at this time. Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by sone ersori ori hh^is/� behalf. " Name and Address of Attorney RRISTINE P. BIRMIMEP, Claimant' s Signature Bower, Baraban & Birkhimer 555 California_ Street, #2455 Address San Francisco, CA 9410.4 Telephone No. (415) 9 5 4-18 50 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, tov.n, city district, ward or village board or officer, autti:orizcd to allow or pay thz sane if ganuin­ , anv false or fraudulent cI.: im, bill , account , vouches. , or ;,-iting , is guilty of a felony. " (J] �_�.�.___.._--.. - —.:w iWu �r.......-..s.r.anr.•+..a,.._�.iVunaiC.::L=+.i..iw".dr:i�:rwti�w..rs'L`.G.:l�./...�..-- 7.rr��.�uui's:.m w CLAIM Or HARRY SHEPHERD and ELINOR SHEPHERD 1 . The damage occurred over a period of time culminating in a mud slide beginning on March 19 , 1983 . Defendants were served with a corss-complaint by Kumao and Teruko Yamashita on or about October 17, 1983 and now files this cliam for total and partial indemnity pursuant to Government Code Section 901. 4. According to the facts currently in the possession of this claimant it is alleged that the County failed to inspect the real property located above 140 Stein [day , in particular inspection with respect to approval of plan for grading and developing the real property. 6 . The damages claimed in the lawsuit entittled Severson v. Erb , et al. , Contra Costa Superior Court Action 'Ho. 247509, are in excess of $600,000 . This claim is for total and.-partial indemnity in the event that claimant is held responsible for any part of the amount of damage claimed by the plaintiffs in action No. 247509 . 7 . The damage was computed by estimating; the cost of repairing the landslide area and the damage to the residence at 140 Stein Way. 8 . Ralph F. Severson, Betty Severson, Mr. and Mrs . Williail G. Erb, Mr . and Mrs . George W. Kasten, Christine L. Ellis , Emma H. Goodman, Margaret Wright Bomar, Constance L. Couts , Mr. and Mrs . Kumao Yamashita, David 1.1. Jedell , ilrve S.." Rowinski, Mr. and firs . Satya Narayan Ray, Georgia L. Morrison, Susan A. Thacker, Scott Cunningham, Lloyd R. Mortensen, Michael V. Wood, Mr. and Mrs . Stephen R. Shephard, Mr. and Mrs . harry R. Shephard, Omni Boldin; Corporation , a corporation, and Ori-nda Development Company, a corporation, Paul Seidelman and Jeffrey Borum. 000022 Board Action: CIAIK April 3 , 1984 Bm m cr sawyISO[iS CF CIW G>wm a)mgrr, CaLI ana J Claim Against the Coou nty# or District ) IR71RC8 To G aRm governed by the Board of Supervisors, ) The copy of this document ma ea to you is Your Routing &:dorsements, and Board ) notice of the action taken an pour 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 Edward C . Byers se and 915.4. Pleanote all 61tarnin9se. Claimant. County Counsel Attorney% FEB 2 9 1984 Address: 13 Velasco Court Martinez, CA 94553 San Ramon Ca . 94583 Amount: Not Specified By delivery to clerk on Date ,eoeivedE a b r u a r y 2 8 , 19 8 4 By mail, postmar ked an February 24 , 1984 I. PRN: Clerk of the Board of Supervisors 70: County Ooumse Attached is a copy of the above-noted claim. p Dated-t February 28, 1984 J.R. CLSSON, Clerk, By �I )�' c Dev-uty MeIPM P . Marino II. FROM: County Counsel 70: Clerk of the Board of Super sons (Check only one) This claim amplies substantially with Sections 910 and 910.2. ( ) This claim FAIIS 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 fon leave to present a late claim (Section 911.3). ( ) Other: Dated: 777 BY: - Deputy County Counsel III. PROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely With notice to claimant (Section 911.3). IV. BCUD CH M By unanimous vote of Supervisors present (�) This claim is rejected in full. ( ) Other: I certify that ESis is a true and correct copy of the Boar 's Order entered in its minutes for this date. Dated: k,U- 3. l4f-y J. R. CTSSW Clerk, Byj Deputy Clerk VATM G (Cbv. Code Section 913) Subject to certain exceptions, you hm only six (6) months from the date this notice was personally served or depositad 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 mattes. If you want to consult an attorney, you should do aD immediately. V. PROM: Clerk of the Board To: (1) Canty Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action an this claim by mailing a copy of this document, and a mean thereof has been filed and endorsed on the Hoard'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. � I�,� � D�: 3 , /R f)° J. R. CtSSON, Clerk, By . Deputy Clerk cc: County Administrator (1) County Counsel (2) 000023 CLAIM e CLAIM .TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY --`"Instructions -.:o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, .CA) . C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Resery ' in stamps ECEIVED /.9 l/e-&LCo rf- .rte 11, C4 feV�, i984 Against the COUNTY OF CONTRA COSTA) or DISTRICT) CLERK BOARD O�PERVISORS (Fill in name) ) 9 Y C TRA CO: 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) 1LJ - ------------------------------------------- 2. Wh re did the damage or injury occur. (Include city and county) ---- f1`�--a_I �Lrs rb s2_r g � t_ Rd-CA-da CpL 3. How did a damage or injury occur? (Give f 1 details, use extra _ sheets if required) L -� KIRr ®9rt/77y $1'cc�elti ,qhs `1 R�! 7� ore Z44el, LV /_e ro'ery/- ,h (h�124ellt A 1),7y,7y G.y.,e �, I 'f• // Croc✓r► / h for ISG WAf'cA 12P14 /rYAAdtt / ctnc�tAreoQ" �! �m r 13ehi lne 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage?. 000024 (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? _Co vl o�Y/ _ Co f to Ccs ao') =---- ---- ----- ---------- - -------------------------------- 6. What damage or injuries do yo claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) FS4ih?97fr 7--. H----ow--was--- th ----e amount-----------claimed------- ab--ove------computed?--------(Include----------the-----------estimated--- amount of any prospective injury or damage. ) 12Y~i-ke ESil-m"Vlmr Z- --n C /,(CC =--------=---=-----------=---==---------------=---=---------------=------ B. Names and addresses of witnesses, doctors and hospitals. ---ke h--IVA ne --------........... ..----------- -------------- 9. •List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides : "The claim signed by the claimant _ . _--SEND_NOTICES .TO: (Attorney) or by some-_person on his behalf. ". Name and Address of Attorney Claimant' s S nature Ad ress Telephone No. Telephone No. R-3 7 6 R-02- ************************************************************************** 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--wr -ting-, is -guilty--of—a- felony:"--1-1--l__--. .- 000025 f c.Q }GQ jYo f �e fIZPJ� I kl.4eA .,AT GtWj- h►-.�a wh y ih � 7j��ctl . 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O e ° m S r (7 C'7 (mn m N m m Z a m y �p ;.". m 7 "a > ° m -ti o r ^' mom roto :': N N o = 9 N Z Z r (n p C m 'r'� m C7 y H o cn .� L7 O W m Z Z N a m .r _I } m A, w 5 mr (nz `> oro T Z o m m m o a I m c tp. o v m m F Z m a c 70 v� O u E o q CA C/I �n ❑ m y Z r . i x a� "scm Dx =m yJ %v�, § Eln m° m o m NZ n o I C11 m a °'0 Q 9 n ci, o r o o?:°xx •, �' t,O y/ m 3 xp ❑ < x D ❑O D -gym 0 m a m z Cly O Z ti -� ElD o d .9 m m z z m y > ` co N 4/ b W (�� ` 0 '.TTTO 1 t CUSTOMER COPY 000028 Board Action: C MX April 3 , 1984 BOARD 0P SOPEWSM cip COKl'RA com CMMS, G1LIl0RRIA Claim Against the t7ouxnty, or District ) TO C[A2N11PP governed by the Board of Supervisors, ) 'ilne copytan 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 Govern mt, Code Section 913 Claimant: Allst t, CC d 915.4. Please note all 8KuTdrgs•. rno{ r�s�r n�atFieand Celeya ) County Counsel Attorney: Gassett , Perry & Frank FEB 2 9 1984 Address: 440 North First St . San Jose, CA 95112 Martinez, CA 94553 Amount: $449500 . 00 By delivery to clerk on Date Received: -Ee b r u a r y 28 , 1984. By mail, postmarked on February 27 , 1984 Certified Mail P 710 871764 I. RI: erk o the Hoar Supervisors TO: Dainty Counsel Attached is a copy of the above-rated claim. ` Dated: February 28 , 1984 J.R. OLSSQJ, Clerk, ByDeputy —R21 U11 1112 II. FRCM: County Counsel 70: Clerk of the Board of Super sons (Check only one) (X) This claim amplies substantially with Sections 910 and 910.2. ( ) This claim FAUS to amply substantially with Sections 910 and 910.2, and we are so ratifying 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: i_ 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. Bow 01MM By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) Other: I cert y that this is a true and correct copy of .the Board's Order entered in its mi Utes for this date. Dated: 31 1 q9 If J. R. CEMM, Clerk, By , Deputy Clerk MTV= (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 omw ection with this matter. If You want to consult an attorney, You should do so immediately. V. PROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ile notified the claimant of the Board's action on this claim by mailing a copy of this document, and a mend thereof has been filed and endorsed on the Board's copy of this Claim in a000rdanoe with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed claimant. DATED: �,ij. 3 101 J. & 0UWW, Clerk, By )gtaAi , . Deputy Clerk cc: County Administrator (1) County Counsel (2) 000029 CLAIM 1 i 1�."6,6U31-6-3S (SPACE BELOW FOR FILING STAMP ONLY) 1 GASSETT. PERRY & FRANK ATTORNEYS AT LAW 440 NORTH FIRST STREET 2 SAN JOSE- CALIFORNIA 95112 TELEPHONE (408) 295.7094 3 4 Claimant, ALLSTATE INSURANCE =C E I V E D 5 Attorneys for 6 FED <9� i-`84 7 J. R. OLSSON CLERK BOARD OF SUPERVISORS NTRASTA CO. 8 Claim of: 9 ALLSTATE INSURANCE COMPANY ) Claim for Damages (Government Code §910) 10 vs. ) 11 COUNTY OF CONTRA COSTA and/or ) THE CITY OF EL SOBRANTE, et al. ) 12 ) 13 14 TO: CLERK OF THE BOARD OF THE COUNTY OF CONTRA COSTA AND/OR THE CITY OF EL SOBRANTE: 15 16 YOU ARE HEREBY NOTIFIED that ALLSTATE INSURANCE COMPANY 17 whose address is 2323 Crow Canyon Road, San Ramon, California 18 94583 claims damages, by way of its subrogation rights from the 19 COUNTY OF CONTRA COSTA and/or THE CITY OF EL SOBRANTE in an amount .2.0 computed as of the date of presentation of this claim of 21 $44, 500 . 00 . 22 On or about March 1 , 1983 the COUNTY OF CONTRA COSTA 23 and/or THE CITY OF EL SOBRANTE by and through their agents, 24 servants and employees, created, maintained, owned, constructed, 25 designed, managed, controlled, supervised and operated storm 26 drains and sewer lines in the streets immediately adjacent to the 27 real property of ARNOLD D. and KATHERINE CELEYA located at 28 24 Valley View Court, E1 Sobrante , California 94803. Said premises 000030 r 1 of the CELEYAS were used with due care and in a manner that was 2 reasonably foreseeable , that of a private residence. 3 The COUNTY OF CONTRA COSTA and/or THE CITY OF EL SOBRAN E 4 owed a duty to the CELEYAS to design, construct, manage, maintain, 5 control , supervise and operate said utilities so as not to create 6 a dangerous condition of substantial risk of injury to others, or t 7 interfere with the use of the property of others. ALLSTATE 8 INSURANCE COMPANY contends that the COUNTY OF CONTRA COSTA and/or 9 THE CITY OF EL SOBRANTE failed in their duties , resulting in 10 excessive water run-off onto the properties of the CELEYAS. Said 11 excessive water run-off proximately caused a landslide occurring 12 on the property of the CELEYAS on or about March 1 , 1983. Said 13 landslide caused substantial damage to the real property of the 14 CELEYAS. As a result of said landslide, claimant ALLSTATE INSURANC 15 COMPANY will become obligated to pay the above stated sum for 16 repairs to real property. 17 Claimant is unaware of the names of the employees 18 causing said damage to the property of the CELEYAS. 19 All notices and other communications with respect to 20 this claim should be sent directly to the claimant' s attorneys, 21 GASSETT, PERRY & FRANK, 440 North First Street, San Jose, Californi , ; 22 File No. 26031-6-3S 23 DATED: February 23, 1984 . 24 GASSETT, PERRY & FRANK 25 26 KATHRYN A STROMAN 27 Attorneys for Claimant, ALLSTATE INSURANCE COMPANY. 28 -2- 000031 Board Action : C3AI14 April 3 , 1984 Um or SOP'SttVISM (V cow C13s191 COMTre C LIFORM Claim Against the County, or District ) IV= To C?AII41r governed by the Board of Supervisors, ) The copys t to you is yaw Routing Endorsements, and Board ) notice of the action taken as your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given puwmmt to, Government Code Section 913 and 915.4. Please note all "Uarninngs". Claimant: Laurel Ann Parnell Tony Perez Morales - County Counsel Attorney: FEB 2 9 1984 Address: .51 Richardson R d . Martinez, CA 94553 'Kensington CA 94707 Amount: $714 . 58 - By delivery to clerk on Date Received: February 28 , 1984 By mail, postmarked an February 27 , 1984 I. FROU Clerk of the Board of Supervisors TO: County Counse Attached is a copy of the above-noted claim. Dated: February 28, 1984J.R. CLSSCN, Clerk, By Deputy e en arino II. FRC14: County Counsel TD: Clerk of the Board of Supervisors (Check only ane) (�() This claim complies substantially with Sections 910 and 910.2. (/ `) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim 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: a 94 AADeputy County Counsel III. PIM: Clerk of the Board TO: (1) County 1, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BCM CBy unanimous vote of Supervisors present ( ) This claim is rejected in full. ( ) Other: I certify that this is a true amd correct copy of the Board's order enter n its mi utas for this date. Dated: Q 3 ; i qt y J. R. CLSSM, Clerk, By . Deputy Clerk MMM (Gov. Code Section 913) Subject to certain oxoeptions, you have only sin (6) months frac the date this notice was personally served or deposited in the mail.bo file a court action on this claim. See tiov r oernt 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. PRCM: Clerk of the Board 10: (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 claimant. 9 k4 J. R. CEBSON, Clerk, By Deputy Clerk cc:, County Adninistrator (1) County Counsel (2) 000032 CLAIM 1 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. (Seca 911. 2,. Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, .CA),. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public ent`_ty, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps RECEIVED Against the COUNTY OF CONTRA COSTA) FEB c2f� 1984 or DISTRICT) CLERK 804R fl. oLMON (Fill in name ) NTRA suFERVIso� g �^ TA CO. Dep The undersigned claimant hereby makes claim against the Coun y ontra :. Costa or the above-named District in the sum of $ �y .$ and in support of this claim represents as follows: Q06= 5.A --------- _-------W-h-e-n-di-d-th-e-d-mag-e--o-r--i-n-j-u-r-y--o-c-cur? - - - --- (Give exact date and hour pc�tMbe� 3� t �lS3 (a: ao — —_ _----_—_—_—___—_____— _— __-----__ 2, Where did the damage or injury occur? (Include city and county) S Q;.c�D.�d.So n yxt ^4, ng co" 37-Row--d-id----------------------------- ----- ------- the damage or injury occur?----(Give------ full details, use extra sheets if required) �C..vt..0.�yQ'l-�S �rc�. v.�oo!•� o��d. �c.)..\ o r� ��q,;ria�s Ccar 't�hG {.fcc-- Fc1l Yx kot,,"r 4,e_ c.n r C.tA:Mq...k ar r ---`r-etnbt S w;1v ,� 4. What particular act or omission on the part .of county_ �or district4A officers , servants or employees caused the injury or damage? M{ was )Of-a AO N^c 0.kkt ,*' C* e- c-\cC% r'^6Lti1-S o^_ o0.�r \ep s�r }wo octAsS krJ^% 4 ca wa-S du e_,ro%As . -t-he._ C,ow.#tS 4%-C- "A 'Eo QL¢ k__ ,resQens+b t'�j Fore Ma1n{�;rwn�e. o�� cast, c 1�2. A,,,re4P . (over) -000033 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) (J fQ,r. c3.-ittri or. �4SL dcS�r--5j � r\.- 1OD.00 Q30D.00 Qoo& vr-� SWC- 47f.`.^ TAS"?. Z 4 rL. Tcc�S Ck'st+0-NCA XO�{ hate er4rA0.k kV'S $-Vb.o>_ek----- --------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) 8--. N-----ames-------and---------addresses----of-----witnesses--------, doctors----------and-------hospitals------------------ rd�ow Zaunc. 4o S'lkO.t�ord. VA ,k1t1.s; �ri ,CA. 9470-1 Q'L1p-1 ------- -------------------------------------------------------------� —..- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT I J_ Car reek" 41r(H Naxr.c Owr-ews �^S%.vpnct to O.Oo dcdaw�le mit t Cy,r �ni wr. dcolwc};bit SO.00 Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney � cum._ Q Claimant' s Signature ' as Q-4C no JSav` its. . . Address Telephone No. Telephone No. S 1 y - 1 Zip NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 00003.4 lFssoR NiSURANCE RENTAL CHECK OUT ORIGINAL t CONTRACT No. San IM r:. __ Conbod by ,.ENTAL fl C- San Fra cis o.CAl �1 sn Futhra=$�ttj SeQ4710 0AMYrranOrw �:AOb Sanfa Roos Avem,o - 33010 San Fra'hct4co.G 9A 102 Sen Frannsc>!T►A,�i sky.Cl,lM710 "9an'ReTad:tl'CgM9D4 �`SanarRoae,G 901 I as-eat-4rro usax/a9a 415440.99m is ass neo 70"Mi 9o, �A MiENTAL nn ' Make 01 VEHICLE SPARE JACK LIN 1. LICEN N MILES ,,IN TRAIN Make 92 VEHICLE SPARE JACK LAIT NO. ''� LICENSE NO. -+ ORES r s' - . - :. IN ❑ n f MILES REFERRALEO NYoRAGEwr '" as '•' PHONE NO.. IN MILES TMEOVF OUT ... :I C;} ♦ _ NOTICE _ NOTICE LESSEES f All contracts must les lellanAd R13MR IS RESPONSIBLE FAR NAME: f and all tars inspected revery 30.:,. ;ALL PARKING TICKETS days with NO EXCEPTIONS ADJUSTERSNAME PHONE EXT. -. CRY TATE • .. J MOURANCEC AP r - oo _ ... I i,' SENO. 00F4ORT10A ipof TE ADDRESSqT HONE .. PHONEJ NO CHARGE FOR CAA VI MILES CAR I2 MILES TOTAL MILES POLICYORCLAIMNO. OIL MILEAGE IF TOTAL - IS LESS THAN 100 MILES PER DAY R6UR - j Lomas will return Vehicle to rent ft olfke(unlepMfAerwlae indkateQ►ontM -. - - ..-. .. ...''..,... Gerdes extended by hnAHanoe eonlpa tale,la same data. BOOVSHOP: - PHONE EXCESS ■MILEAGE RATE a MILES - - _ • DRIVEN: EXTENSION AUTHORIZED BY: DATE DUE ■DAIL OF I _ NUMBER OF DAYS: ... $ TOTAL TIMES AND MILES CHARGE S to : . • SURCHARGE owe r COLLISION DAMAGE WAIVER:By initialing esae a esropeyS rday, EPT3COW DAMAGE ..� � 12 • _ I I Hera: WAIVER CHARGE $ . .orpertofeday,(maximumoff perweekadditional)aridIsew Agroesto LESSEEPAr3 �'. is ; waive all claims against L on and prehensive damage to vehicle provided it is ALL operated or used In contannity with rental agreement. CIMRGE TOFU DECLINES CDMA _LIABILI'fY:Byinilieling,Lessee agreestope LeMloraNk>asor damage to vohide MEGARDLESSOF NEGLIGENCE)limfted,however,to r 'i accident or o=ffence Provided vehicle is operated or used M eonfoml agTOTAL � ❑NO DAMAGE ❑DAMAGE DESCRIBE- ' ne� � i - LEGS DEPOSIT d) :1 - .r 1F.SSEETOPAY__aC CoMsonr 00 0o Eo N pip) p CASH ❑ca+ECX c.cARD . asuRANCE CDMPANY P -- 192 - . . '❑TIME ...b SURCIadi1E r. CAL1FDIdaA VEHCLE CODE IBM STATI8'MaEiEVER ANY PERSON WHO HAS LEASED OR RENfEDAVEI9• • - .: CLE WILFULLY AND INTENTIONALLY FAILS TO RETURN THE VEHICLE TO THE OWNER WITHIN FIVE(S)DAYS. t L "-. ,• .ypOR'TANT NOTICE .AFTER THE LEASE OR RENTAL AOMMMOff 11A8 EQBED,THAT PERSON SHALL RE PR1XU11®TO NA1♦E_ 1 A11 traIS VblMbns aro S.READ ib Prod as�we6eMr an day _ EYBE2?1.ED - •. .�•. p0 ' : '- YMiebL wWmsd, -"', •� . I HAVE TERMS AND caifinows CMI, W* yH SIDES; THIS RENTAL AOREONiNT AM AGREE TO y UEr. 2.Wbepae</saMr.e; raedkq Woan6em6aterya►-':6.M elNrorlad �1vM!salt 60 21 SBOUND BYITS TERMS lO h1BAAOWLLIEW TeVENIgEIa)T6AVCARRENTALATTIETYIEAND srallsoodorrlUsr. yeera w ads!and frw ilia AAVKa MACE T #ED. v , Boanw f.Valrkb IAM tre raalrrla0 to RMmnp ?.I aN.a0A aider airy air'. pRse. R rod nMurnW b d14, • .r►.�. __ ,J_ . .aesmbn wonralw b we at the an •'r Y ,. '>< .,i uoowry tee sa a alrNb• ,, enp pareen odw Phan a.Lances Pya IS 9aaolYr oharaes- eww ewd on in waraef. 1 AUTHORIZE THE INSURANCE COMPANY TO PAY TERWAY CAR RENTAL, DBA AVCAR RINTAL, INC.,DIRECTLY.FOR THE 'RENTAL CHARGES INDICATED ABOVE.1 FURTHER AGREE THAT IN THE EVENT ADORM. r: , > ,>.; ::, -��:�•+ ', - a _ .• - THE INSURANCE COMPANYDOESNOT PAY TERWAYCAR RENTAL,DBA a�_ x:.,, �. ;�_:.,iz • r AVCAR RENTAL,INC. FOR ANY OF THE ABOVE RENTAL CHARGES,I a.c j � y WILL ASSUME FULL.RESPONStBILITYFOR PAYMENT CITY ' �2 l ... t ']c :`A.-.L V L. __ W/RV4. ♦ 1. (_: .O.•00.�3� PHONE. is,R,AnbsrthoNW glpeAA►onaeoonaapondenes A . ..mlt... �8LEy :,,'MAKE CHECK PAYABLE TO: INSURANCE RENfiAL• '. -a `__,a, ': AVCAR RENTAL, INC. CONTRACT �„ ).$)n' n 414111 OFarroll St..San Francisco.CA 94102 =,r•tESSOR' <-,. -7iENTAL'CONTRACT No. TERWAY CAR RENTAL.167 fVM 11• U'1ALLJOpE MMAT 0 ICP.A111F T:, . O iLW p1UMGE0D O MAMk COUNTY) 0 IIAMTA)IOM d� ''" . Y. IMLtkfuH ."r„MO nM -,.12ED 01`�e1M UN -it00'farrMl 1K6 frrNNOD tIM NN1 E1ppam 1r A'i[,::,T it:;� HFunYN 1/yNlCA sm Asp. 95110 MINI CA pL010 , iRn FrerlCeco.CA NIOt iAN RPlrl,G W901 -aRe11Ea,GMtl1 MttJJetaMp (480287. 1. awe 4418 411114779 141N46a2TM 1m1AnuEII /"�Ggq'RENTAL' "Age ei vCMICLt "a►ANt IACN 'IC[NSE NO. ATK /DDN1N0 MARC eY VaNICIC - &ARC IAC IT + LIC LNa[ 110 ' 0 D I M TIME our 2 _ �, MANIC V NICLE W ILL CE L [ : TYNN LD To NC rICE &MOWN A + T ML[si IMDIC ATE ' MOM[ AO EIA CITY JIL STATE & ZIP CODE— S ODES LOCAL AD N[1a CITY 0 P N[ µ S TIME OUT ONIVLR'& LICENSE N0. STATIC SIRTNOATE CCPINATI N.DATE .� \al. -47 J. p ADDITION INP RM ION SOCIAL SCC. N0. :,. MILES OUT E [MILOY[N PMOM[ L5 ( EADDRESS •t CITV-STATE-ZIP I , ADDITIONAL DRIVER ',PHONE -ONE AZDRE55 Cr• _ O'O1fLRTCME` !C1 .= Nr a�'UY+' 41-1 c,.I DRIVER'S LICENSE NO. STATE, 11111TATION DATE SIRTn GATESOC. SEC NO. - if: ` REVERRE(D BY COMPANY PERSON f- ^�, r � `1R h P(bl•t..'t Th r 'T4�S�'E 1Qrx�{e . CPCDIT IN.DRMATION fAccepts �� x PAI T A ` r 1 VISA TOTAL71tiY/WD ' i., j.; ` CHAS v9,Z>.z yy MIC OT.YEN .r AMEX �S��•q• - a. 1 CARTE _. DINER'S t Y .i HttgrfMtO ifT ri'ir Ail?; COLLISION DAMAGE WAIVER: By initialing, Lessee agrees to pay S.L_—per day, or �� `"� Initial H e �.SUPCHAMF port of a day, (maximum of week add.tionoll and LessOr agrees to waive Gill ` claims against Lessee for olllsion and comprehensive damage to vehicle provided It is ; %%DROR.DVE.C11A1ME H^ �12'�- l t'i�” operated or used in conformity with rental agreement, fa/t.1�GC.0YlIlY,IfF r '.c :"y¢.tgr(±>RfvDjtY+ O ''tOLL18ibI1OMl/f!([-"'a )�K PLIABILITY: By inll,aling, Lessee agrees to pay Lessor for all loss a, damage I ial HIE ere: -wAlvu C�AROE y 'y r' '4 as vehicle (REGARDLESS OF NEGLIGENCE) limited, however, to or�Occurrente provided vehicle is aper oleo Or used in cont arm ily with':�.1Ta1':TSpre t(P ent. ' SUB-T07ALAir - ae. SISSEE-PAYS•.. ,.1"�' .;{ s.¢ Sr .t-. NO DAMAGE ❑DAMAGE DESCRIBE: IMPCIRTANT NOTICE &CHARGE TO 1.All traffic violations are responsibility '4 of renter. ie - 2.Mileage reading taken from factory in- ' ' '` . +^` stalled odometer. 'TOTAL'CKARGE 7.VehiCle must be returned to Renting Office. If not returned to office,a re- LESS DEPOSIT < covery fee will be charged. - is .. ♦.All authorized drivers must be 21 yrs. , 7— or older and have a valid driver's - license. AllAll S.Lessee Ufa. will not under any Girt:umstan- ees surrender the use of the Rental P'!T SIE LESSEE _ Vehicle to any person other than those tilted on the contract. i CIYNOCD 6.1•hour grace Dari adral l owed ony on tlay veh ele ii returned. CALIFORNIA VEHICLE CODE 10855 STATES "WHENEVER ANY PERSON WHO HAS LEASED OR RENTED A VEHICLE WI4_ FULLY AND INTENTIONALLY FAILS TO RETURN THE VEHICLE TO THE OWNER WITHIN FIVE 15)DAYS AFTER THE LEASE OR RENTAL AGREEMENT HAS EXPIRED.THAT PERSON SHALL BE PRESuWD TO HAVE EMBEZZLED THE VEHICLE."E I HAVE READ TERMS AND CONDITIONS ON BOTH SIDES OF THIS RENTAL.AGREEMENT AND AGREE TO BE BOUND BY ITS aA{N ICY tN[cC. LN tnAVCLLLRe Mites NOME TERMS AND CONDITIONS AND WILL RETURN VHICLE($)TO TERWAY CAR RENTAL,INC.011A AVCAR RENTAL.INC.q7 LN[oN THE TIME AND PLACE SPECIFIED. i\ r y�l IS t l y NPANV AN[X DIN[N S GARY . f, M.G. THIS NUMBER SHOULD APPEAR ON ALL CORRESPONDENCE COMPLETED MAKE-CHECK--PAYA E TO: RENTAL AND RITTANCES BY AVCAR RENTAL, INC. CONTRACT 4 611 9 1. AA/)f1•L mrPll b Ce., rn nn♦nn rFLe Tree Service w+ j 7 F-om[m Zane) Oa�� ,, Cad ornia 94611 (415) 339- 1484 Ms Laurell Parnell February 13 . 1984 51 Richardson Rd. Kensington, CA 94707 Ms Parnell; This letter is in response to your questions regarding the cause of the uprooting of the large Eucalyptus globulus , or "Bluegum" , which caused damage to your property and others on December 3, 1983. As this was an extreme emergency situation, the situation did not allow for a detailed observation, or sample-taking, etc. However, I feel confident that a generalization of certain conditions are sufficiently conclusive . This tree was obviously, due to it's size, in existence prior to the construction of surrounding buildings and roadways, thus it was probably unavoidable to cause severe damage to the root system. The proximity of the asphalt to the trunk leads me to .believe there has been likely to have been damage and/or removal of buttress roots which provide the primary support of trees. This tree was also located directly in the path of the rain- gutters built into the side of the road, and actually adjacent to a storm drain. This situation is likely to have caused frequent and excessive accumulation of moisture at the base of this tree. There was also, no doubt, the extreme soil compaction and drainage changes which commonly accompany construction areas. These conditions, in my opinion, led to the extensive decay of the root system which was obvious in the uprooted stump. Upon casual inspection, I found only one live, major root in whicb decay had not destroyed, or was visually present. I hope this information is of some assistance to you. Please feel free to contact me if any questions remain. + ' X037 ;10 ou rntrrr�errn�� rirr;:i�r. r.n :����� �. Board Action : April 3 , 1984 BQAM OF SDPEWI90R.S.CV COW COT1 COD( Tt OMU F M Claim Against the Oounty, oc District ) IMCE TO (I NP Roauting Errned nddorsements, and the Board of e n st ) notice the action taken on your lim by Le the Action. All Section references are ) Hoard of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Sectian 913 and 915.6. Please note all 'warnings'. Claimant; Allstate Insurance Co . cross claimant - Lester & Helen Simpson County Counsel Attorney: FEB 2 9 1984 Address: 2323 Crow Canyon Rd . San Ramon , CA 94583 Martinet, CA 94553 Amount: Unspecified By delivery to clerk on Date Received: -February 28, 1984 By mail, postmarked on No envelope I. ill: Clerk of the Board of Supervisors TO: CoLmty. Counsel r Attached is a copy of the above-noted claim. Dated: February 28 , 19&.it. CSSON, Clerk, BycJ &� Deputy II. FROM: County Counsel TO: Clerk of the Board of Super sons (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. (X) 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: Deputy County Counsel III. FROM: Clerk of the Board TC: (1) County Counsel, (2) Canty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. Dow sn 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 Boar 's Order entered in its ni utes for this date. Dated: J. R. OISSON, Clerk, By, , Deputy Clerk MMM (Gov. Code Section 913) Subject to certain ezoeptians, you have only siz (6) months from the date this notice was personally served cc deposited in the nail .to file a court action an this claim. See Government Code Section 965.6. You may seek the advice of an attorney of your choice in conanection with this matter. If you want to consult an attorney, you should do so\immediately. V. FROM: Clerk of the Board TO: (1) County Cou nsel# (2) County Administrator Attached are copies of the above claim. ft notified the claimant of the Board's action on this claim by mailing a copy of this document, and a mean 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 claimant. Ynp-.t .,1-� Deputy Clerk DA'PID: 3 Q J J. R. B.SON, Clerk, By4&1.L� cc: County Administrator (1) County Counsel (2) 000038 CLAIM AIISM January 25, 1984 District Claim Office 2323 Crow Canyon Road San Ramon,California 94583 Phone: 415-820-8600 CERTIFIED MAIL _ Claim Number : 16699 67298 (GG1) Our Insureds : Lester & Helen Simpson Loss Address : 39 Brookdale Court Lafayette, CA 94549 Date of Loss : December 15, 1983 Milton F. Lubicek Deputy Director of Operations & Floor Control Contra Costa County Floor Control District F-7 L`3 2 ;`. J934 255 Flacier Drive Martinez, CA 94553 Dear Mr. Kubicek: On December 15, 1983, Mr. and Mrs. Simpson suffered damage to their insured structures as a direct result of third party negligence. Our investigation indicates that the Contra Costa County Floor Control District may be held responsible for these damages. By this letter I am notifying you of our rights to subrogation in this matter and will be directly addressing that matter once we have made settlement with our insureds. If by this letter you are not sure of the particulars regarding this matter, please feel free to contact me at your convenience and I will certainly be glad to provide you with any further re- quested information. Very truly you s, 4) ` P ' Kenneth R. Wari g Senior Property laim epre ntative KRW:lvw ECy ED R of �, R. ERVISO� Cloy �NTRp,i� j_08 000039 Board Action : CLWX April 3 , 1984 BOARD Cr SMUMSM 07 DOrw COSTA amm, CUMORTIA Claim Against the County, cc District ) 1R71'ICB TO CtADW governed by the Board of Supervisors, ) Ytre copycM s t ma ed to you is your Routing M-1-rsements, and Board ) notice of the action taken cn pour claim by the Action. All Section references are ) Board of Supervisors Waragraph IV• below), to California Government Codes ) given pursuant to Goverment Code Section 913 and 915.4. Please note all 9larnings`. Claimant: Reynolds Leasing Corp . John Albert Peterson County Counsel Attorney: David L . Case Case , Ford , Blake & Burland FEB 2 7 1984 Address: 550 California St . , Suite 1000 San Francisco , CA 94104 Martinez, CA 94553 Amount: Unspecified By delivery to clerk on Date Received: February 27 , 1984 By mail, postmarked on February 24 , 1984 I. Flom: Clerk of the Board of Supervisors 70: Canty Counsel Attached is a copy of the above-noted claim. Dated: February 27 , 1984 J.R. O[,SSOtd, Clerk, By --��—�-���.�+ , GCh t�_w�� Deputy helen P. Marino II. PROM: County Counsel 70: Clerk of the Board of Super sora (Check only one). (`•. ) This claim Implies substantially with Sections 910 and 910.2. (" ) This claim P=S to comply substantially with Sections 910 and 910.2• and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( ) Claim is not timely filed. Clerk should return claim 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: Deputy County Counsel III. PROM: Clerk of the Board TO: (1) County 1, (2) County Administrator ( ) Claim was returned as untimely with nota to claimant (Section 911.3). IV. BCARD 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 Utes for this date. /� l Dated: 3, 19 y J. R. CaSSWr Clerk, By Deputy Clerk - IOua M (bow. Code Section 913) • Subject to certain exceptions, you have only sine (6) months from the date this notice was personally served cc 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 your choice in connection with this matter. if you want bo consult an attorney, you should do so inemediately. V. PROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator We notified the claimant of the Board's action on this claim by mailing a copy of this document,, and a memo thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. n DA=: 3 11 k 4 J. R. QWW# Clerk, Sy ,- VVU -N— • Deputy Clerk cc% County Adninistrator (1) County Counsel (2) 000040 OOO CLAIM 1 CLAIM FOR EQUITABLE INDEMNITY AND CONTRIBUTION 2 3 TO: Mr . Leon Maddox ALAMEDA-CONTRA COSTA COUNTY TRANSIT DISTRICT 4 508 - 16th Street 5 Oakland, CA 94612 6 7 PLEASE TAKE NOTICE that the undersigned hereby serves and 8 makes demand upon you for the cause and amounts set forth in the following claim: 9 Claimant 's name and address: RECEIVED 10 Reynolds Leasing Corp. Box 24025 F E G d7 1::84 11 Oakland, CA J, A, 9lBSON ca K 04AA9 of 3umsVISORS 12 John Albert Peterson .�NTAA Ta eJ P.O. Box 1345 a ...,,:.....L;: as u 13 Vacaville, CA 94596 s 14 Claimants' mailing address to which notices are to be ser' : 15 David L. Case CASE, FORD, BLAKE & BURLAND 16 Attorneys at Law 17 550 California Street, Suite 1000 San Francisco, California 94104 18 Amount of Claim: 19 Exact amount of claim is uncertain but value of claimants' 20 causes of action for equitable indemnity and contribution will 21 probably not exceed $1 ,000, 000. 22 Date and Place of occurrence giving rise to the claim 23 assserted : 24 On January 25, 1984, claimants were served with the 25 attached complaint of Maxine Bell v. Alameda-Contra Costa County 26 Transit District file # 579851-3 filed in Alameda Superior Court. 27 This action arises from a bus auto accident that occurred on 28 October 189 1983 on Interstate 80. 000041 -Page One of Two- 1 Description of Occurrence: 2 On or about the aforementioned date the above-named public 3 entity by and through its agents, servants and employees negligently 4 and carelessly owned, managed, maintained, controlled and drove a 5 certain bus so as to collide with claimants and thereby expose 6 claimants to liability from plaintiff Maxine Bell . 7 8 DATED: February 23 , 1984 9 CASE, FORD, BLAKE & BURLAND 10 11 By, .� DAVID L. CASE, Attorneys 12 for Claimants . 13 i 14 15 16 17 18 19 20 21 22 23 24 ` 25 26 27 28 -Page Two of Two- 000042 nk bORSED 1 LAWRENCE W. SCHONBRUN F I L E Attornev at Law 2 2140 Shattuck Ave . , #401 DEC 1983 Berkeley, Ca. 94704 3 (415) 548-6838 RENE C. DAVIDSON, County Clerk 4 Attorney for plaintiff. Jennifer Hodges, Deputy 5 6 7 8 SUPERIOR COURT OF T:iE STATE OF CALIFORNIA 9 I FOR THE COUNTY OF ALANIEDA 10 NAXINE BELL, t `7�� --3 11 I Plaintiff, 1.40 . 12 I vs . COMPLAINT FOR PERSONAL INJURIES AND DAMAGES 13 I THE ALAI-TDA-CONTRA COSTA COUNTY ( TRANSIT DISTRICT, JOHN ALBERT 14 ' PETERSON, WILLIAM EDWARD MEDIEROS , ( REYNOLDS LEASING CORPORATIOII, and 15 I:ENTRON INTFRNA.TIONAL, INC . , and DOES I through V, inclusive, 16 ' Defendants. 17 18 I Plaintiff, MAXINE BELL, complains of the defendants , 19 ; and each of them, as follows : 20 I i 21 I 22 Plaintiff, MAXINE BELL, is and at all times herein 23 mentioned a resident of the City of Richmond, County of Contra 24 Costa, State of California . 25 II 26 At all times mentioned the events as herein set forth I 000043 IIi • lioccurred in the County of Alameda, State of California . 2 ' III 3 Defendant., ALAMEDA-CONTRA COSTA COUNTY TRANSIT DISTRICT, 4 now and at all times herein mentioned, is a governmental agency 5 with its principal place of business located in the City of 6 Oakland, County of Alameda, State of California., 7 IV 8 Defendant, JOHN ALBF T PETERSON, is and at all times 9 mentioned herein was , a resident of the City of Vacaville , County 10 of Solano, State of California. 11 V 12 Defendant , WILLIAM EDWARD WDIEROS , is and at all times 13 ( mentioned herein was , a resident of the Citv of San Rafael , County 14 I of Marin, State of California. 15 II VI 16 II Defendant , REY14OLDS LEASING CORPORATION, is and at all 17 times mentioned herein was , a business with its principal place 18 of business located in the City of Oakland, County of Alameda, 19 ! State of California. j 20 VII i 21 ! Defendant, KENTRON INTERNATIONAL , INC. , is and was at i 22 all times mentioned herein, a business with its principal place 23 iof business in the City of Oakland, County of Alameda, State of 24 California. 25 VIII i 26 The true names and capacities , whether individual , I I I i i -z- 000044 ] ; corporate, associate, or otherwise , of defendants , DOES I through i � jV, inclusive , are unknown to plaintiff, who therefore sues said 3 defendants by such fictitious names , as provided in the California 4 Code of Civil Procedure, §474, and will ask leave to amend this 5 complaint to show their true names and capacities when the same 6 , have been ascertained. IX 7 1 At all times mentioned herein, defendants , DOES I and 1 8 I 9 IIS were the servants , agents and employees of defendants , DOES IIII through V, and were acting within the scope of their authority,. to .i agency and employment . X' 12 (' `! At all times mentioned herein, Interstate 80 and the I 13 { Powell Street off ramp are public streets in the City of Emervvi),Ie 14 ' County of Alameda, State of California. 15 I' 16 i XI 17 On or about November 18, 1983, plaintiff , MAXINE BELL, 18 Iwas a passenger on an A-C Transit bus , License No. E 651625 , i ! , California, transporting plaintiff on behalf of the Alameda- 19 ,i Contra Costa Transit District . 20 r 21 XII . 22 At the time and place aforesaid, defendants , JOHN i' jALBERT PETERSON, WILLIAM EDWARD MEDIEROS , ALAMEDA-CONTRA COSTA 23 COiT?.VY TRANSIT DISTRICT, REYNOLDS LEASING CORPORATION, and KFNTRON i 24 INTERNATIONAL, INC. , and each of them, so negligently, carelessly, 25 ` 26 (lard recklessly, drove , operated, controlled, maintained, and/or -3- 000045 r ' I i , I 1 � entrusted the vehicles indentified as a 1974 Flexi-double bus , 7 ' license No. E 651625 , CA. ; a 1973 Dodge/3x with tractor, license 3 No. 1P31070, CA. ; anc a 1953 Chevrolet stationwagon, license 4 I1GUN702, CA. , so as to cause plaintiff to injure and hurt herself 5 as a result of the collision of the aforesaid vehicles . 6 . XIII 7 As a direct and proximate result of the said negligence j g of the defendants , and each of them, plaintiff, MAXINE BELL, 9 �: was hurt and injured in her health, strength, and activity, i 10sustaining injuries to her body and shock and injury to her 11 3nervous system and person. Said injuries have caused and 12 continue to cause plaintiff great physical, mental and nervous 131'. Dain and suffering, all to her damage in a sum presently unascer• 14 ! tainable , which sum plaintiff prays leave to insert by amendment 15 when said sum is determined. 16 XIV 17 That as a further direct and proximate result of said 18 negligence of said defendants , and each of them, as aforesaid, i ' 19 land because of said injuries , it was necessary for plaintiff to 20 [ receive medical care and treatment and plaintiff did incur 21 ' hospitalization and medical. and incidental expenses and will be I! 22 ,,Iin the future compelled to incur additional obligations therefor; 23il! plaintiff does not know the reasonable value thereof, and prays 241leave to amend this complaint and insert the same herein when. 25 i ascertained. 26 I I -4- 000046 II i XV 1 � Z proximate As a further result of said acts , conduct 3land omissions of said defendants , and each of them, as aforesaid, 4l and because of said injuries , plaintiff' s earning capacity has 5I; beeu interfered with; the extent of this interference is not now 611known, and plaintiff prays leave to amend this complaint to set 7 forth the said amount of damages resulting from said interference 8 when the same is ascertained. Sit IMEREFORE , plaintiff, M_kXINF BELL, prays for judgment 10 � against defendants , and each of them, as follows : j �I I 111 . For general damages ; I 12 � 2. For medical and incidental expenses according to 13 ,i proof; I 14 f 3 . For lost pay and diminished earning capacity, I. is according to proof; 16 li 4. For costs of suit herein incurred; 17 5 . For such other and further relief as may be proper . 18 Dated : December 5, 1933. i I , 19 20 Tience fid. c on run 21 A torney for plaintiff I 22 �! 23 24 i I 25 26 `I I -5- 000047 I 202—1.300 r� r NAML AND ADDRESS OF ATTORNEY: TELEPHONE NO: FOR COURT USE ONLY: LAWRENCE W. SCHONBRUN (415) 548-6838 - 2140 Shattuck ,Ave. , #401 Berkeley, Ca. 94704 ATTORNEY FOR(Name): Maxine Bell Insert name of court,Iudiciai district or branch court.if any,and Post Office and Street Address: SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ALAMEDA 1225 Fallon St . Oakland, California 94612 PLAINTIFF. MAXINE BELL DEFENDANT THE ALAMEDA-CONTRA COSTA COUNTY TRANSIT DISTRICT, JOHN ALBERT PETERSON, WILLIAM EDWARD MEDIEROS , REYNOLDS LEASING CORPORATION, and KENTRON INTERNATIONAL, INC. , and DOES I through V, inclusive, CASE NUMBER 1 , SUMMONS C;7481 _ 3 NOTICE! You have been sued. The court may decide iAVISO! Listed ha sido demandado. EI tribunal puede against you without your being heard unless you respond decidir contra Ud. sin audiencia a menos clue Ud. re- within 30 days. Read the information below. sponda dentro de 30 dias. Lea la informaci6n que sigue. . It you wish to seek the advice of an attorney in this Si Usted desea solicitar el consejo de un abogado en matter, you should do so promptly so that your written este asunto, deberia hacerlo inmediatamente, de esta response. it any, may be filed on time. manera, su respuesta escrita, Si hay alguna, puede ser registrada a tiempo. 1. TO THE DEFENDANT: A civil complaint has been filed by the plaintiff against you. If you wish to defend this lawsuit, you must, within 30 days after this summons is served on you, file with this court a written response to the complaint. Unless you do so, your default will be entered on application of the plaintiff, and this court may enter a judgment against you for the relief demanded in the complaint, which could result in garnishment of wages, taking of money or property or other relief requested in the complaint. DEC 8 - 9983 ^, Clark, U. why ✓Jvid DATED: . . . r n, Ey - , Deputy (SEAL) 2. NOTICE TO THE PERSON SERVED: You are served a. Q As an individual defendant. b. Q As the person sued under the fictitious name of: . . , . . . . . . . . r c. Z- On behalf of:.re�1Y�o���s. IL u.s�v��.C�'r .1��� nfi.. . . . . . . . . Under: CCP 416.10(Corporation) Q CCP 416.60(Minor) Q CCP 416.20(Defunct Corporation) Q CCP 416.70(Incompetent) Q CCP 416.40(Association or Partnership) Q CCP 416.90(Individual) Q Other: _ d. = By personal delivery on(Date):. 7�.-3 Y. . . . . . . . . . . . . . . I A written response must be in the form prescnDetl by the California Rules of Court. It must be filed in tnis court with the proper Ming fee and Drool � of service of a copy on each plaintiff's attorney and on each plaintiff not represented by an attorney. The time when a summons is deemed served on a party may vary depending on the method of service For example.see CCP 413.10 through 415.50.The word••comptarri"moucies cross-compiarnt. "plaintiff includes cross-compfamant. "defendant"includes cross-defendant,the singular includes the plural. O Form Adopted by Rule 982 (See reverse for proof of Service) Judicial Council of California SUMMONS CCP 412.20.412.30. Revised Effective January 1.1979 415.10. PROOF OF SERVICE BY MAIL — CCP 1013a, 2015.5 • 1 1 declare that: 2 1 am employed in the county of San Francisco, California. I am over the age of eighteen years and not a 3 party to the within cause; my business address is 550 California Street, Suite 1000, San Francisco, 4 California, 94104. 5 On ...F.tr.b.rU.?KY... ..................... I served the within ........ClAU1...F.QR...] QUIIADLE.........._ IDATQ 6 ......I, D.F.NN.111JAND...Q0141RIBUT.1.0........................................................................................................................._ 7 ................................................................................................................................................................................................................._ 8 ................................................................................................................................................................................................................._ 9 by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 10 United States mail at San Francisco addressed as follows: 11 12 Mr. Leon Maddox ALAMEDA-CONTRA COSTA COUNTY TRANSIT DISTRICT 13 508 - 16th Street Oakland, CA 94612 14 15 Alameda County Board of Supervisors 1221 Oak 16 Oakland, CA 94612 17 Contra Costa County Board of Supervisors 18 651 Pine Martinez, CA 94553 19 20 21 22 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was 24 executed on .......Ra ruary...DATEJ 23.,....19.8.4.................... at San Francisco, California. i 25 n 26 ........................................Maud...R.endnn........................... (TYPE OR PRINT NAME) SIGNATURE 27 28 000049 Board Action : CLMN April 3 , 1984 t so= or Cr CORM Com coums CUJIFUNIA Claim Against the County, or District ) RaDPiCB TO QA+D4tPt' governed by the Board of Supervisors, ) The copy or tus document maued to pw is your Routing 1worsamennts, and Board ) notice of the action taken an Your claim by the Action. All Section references are ) Ward of Supervisors (Paragraph IV, below), to California Governeent Codes ) given pursuant toGoa"ernmen�� 913 Claimant: Carol Myers and 915.4. Please mote all . Attorney: Arthur C . Chambers MAR 0 1 1984 680 Beach St . Wharfside Bldg . Suite 321 Martinez, CA 94553, Address: San Francisco , CA 94109 Hand delivered via Co C Amount: $1 ;00090-00. 00 By delivery to clerk on sel - Feb . 29 , 1984 Date Received: F4brua ry 29 , 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. b eruar Dated. February 29 , 1984 J.R. OIS,SC>ri, Clerk, By �7�� ��i��/Cf�Ll�,,r� Deputy Fl�Teii"F"1°�ar n 4 II. PRCM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timelyfiled. 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: Deputy County Counsel III. FRCM: Clerk of the Board 7o: (1) County 1, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. Dom G[UM By unanimous vote of Supervisors present i (�) This claim is rejected in full. t ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its milutes for this date. Dated: 3: 1 C4 F 4 J. R. CIS", Clerk, By to , Deputy Clerk WMW (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served at deposited in the mail to file a court action an this claim. See Goverraent Code Section 965.6. _ You may seek the advice of an attorney of your choice in emmnection with this matter. If you want to consult an attorney, you should do so immediately. V. PROM: 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 do=nut, and a memo thereof has been filed and endorsed on the Board's appy 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 claimant. DAATED: 3 t J. R. MSS0r1, Clerk, Sy P h'l DJ� a . Deputy Clerk cc: County Administrator (1) County Counsel (2) 0000; 0 CLAIM 75 T 1623 CL. FM. 1-76 CLAIM AGAINST THE COUNTY OF CONTRA COSTA Government Code Sections 910 to 911 . 2 require that all claims must be presented to the Controller within 100 days from date of accident. CLAIMANT'S NAME: CAROL MYERS RECEIVED AMOUNT OF CLAIM: $1,000,000. 00 CLAIMANT'S ADDRESS: c/o Arthur C. Cham ers FEB c5?� 11�94 680 Beach Street, uite 3?1 OLSSON San Francisco, CA 94dgOBOARD Of SUPERVISORS Phone: 415/441-01 q ONT COSTA CO. ADDRESS TO WHICH NOTICES ARE TO BE SENT: Same DATE OF ACCIDENT: November 25, 1983 LOCATION OF ACCIDENT: Contra Costa Boulevard at its intersection with Gregory Lane, Pleasant Hill, California. HOW DID ACCIDENT OCCUR: See attached police report. DESCRIBE INJURY OR DAMAGE: Numerous broken bones, permanent injury. Damage of approximately $500,000. 00. NAME OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at this time. ITEMIZATION OF CLAIM: (List items totalling amount set forth above) : See attached list. Dated: 02/14/84 Signed by or on behalf of claimant: A HUR C. CHAMBERS, Attorney for Claimant, CAROL MYERS 680 Beach St. , Suite 321 San Francisco, CA 94109 415/441-0169 NOTE: CLAIM FORM MUST BE FILED IN DUPLICATE. BOTH COPIES MUST BE SIGNED. 000051 ..,:::q..l�. _.- _.L-.r.-ral,�SA..s�.�L' -r+�-..�r..w��....r.rYr_�L-�� ..�. _ __�..-�_...•Y._.—a - r- - •. • y`1C�E1 TRAFFIC COLLISION REPORT PLEASANT HILL POLICE DZPT. a G f Ta C1AC COWDlhpwt fte.IwiuwaD «aw CIT. Iue1CIAL OIR[ICT wuraaf 101 • n0.YIL\[O n ` w CO wf.O+tlwO Ola»ICT O[.T Y On �� 1 COLL•[•Or OCCVwwfD OY tl0. O.Y Yw. TIY[ 1Ma11 YCl[ rVYa[w O/w1Cfw I.D. 'It /IYrawall"O.YITY YIYw v,I.t^L Dw TO Or.. aT.TK «wT w[uT[ U 1IP PARTY ftAL•a �Iwf T,'lleoLt. •fT) / atw[ft.00w[aa 1 /,_ 0...a+ D IV&. aLICa Nf[ YYY[[w STAT[ •wTwD.TI ea. [ACC CI $,AT[ D [ -f'JG C/ .ED[.- o y a r _ T.IAY YW.ICL& Vw, rA.91.00[L UCe.s[ YO. • [TAT[ Orn[w'a..r[ ❑SA.[ AS DDwaw ❑ rAw K[o 7 x � ��"q/l,. �4n - n YE n. I.c CTIOY Or on c.DSa STwaaT Own SAT ❑ Tw Ara\ or rr w'a Aopw[a[ .ra AS o+lY[w al<r- cwT124 ❑ araCO uY1T pea'.51110.Or Y[nIGL[ r D.1 Dn OftD[ws Or V[nIC L[o.r Aaa YIe L.Tler C.A[G[O OT.K. aaTCQDT /1 LOC ATIOY/��/rj� n/� C.— _ ❑VINO+ rc Y00. jorpt. K7A I /�f ❑ �� / �(:/j ❑Yuow ❑roto• /7 ,E/A [ PARTY aA� ;AAST,MIDDLE.LAST) J a.we[+acoow[at O+IV[w s VC[Ya[wVrttw TAl a•w TYOPT[ aEa 04CA CIT, -aTATf P«pY[ ro. oAr Tw. TwII1r v[Y•C,a ,w. MAK[/ropaL LIC[nst YD. STATE Or Ya w'a.Ara ❑sAr[As ewwS. rAwwco Ye Y. Iw ECTIor or on AC.Osf aTwC[T Ow nwwrAv ❑ TwAVtL ! Orllt w's ApDw[aa SA.[ AS OwIY[S a1CV- C LIST ❑ f Oi VIO\ATIOY C«Aw4[Da.[CO 1r11 plslOSltlOw Or Y[YICI[ S.T[YT LOC.TIOY OT.[. ❑YIYDw ❑YOO. 1 ❑ • ❑YA,:P ❑TOTAL [ DEscwl•n ow or oArA4a r Q W a Or.Ewa Y.M[ ApD+[as .DTII ISO 0 .11.LSS EXTENT OF INJURY INJURED WAS(Check one) MPT, O+L, AGE fElc IATA\ aLvawl rouwo o,n[w YmaL[ Dw•Yai PED. SIC` eTwtP rUMB[A IYIuw• OItTOw1Ep Y[v P[w IY lowers Lo.•rM•YT er rAIY Yua. I cu[r r--w 13 C3 0 ED ••AME •n Owa / dea 4'4 �..II./S. /TMA•J I!� NA D of TA.CY TO ..Junto OYLr - z O C AX... Amo j.ftJltftLV erLr ee ❑ ❑ n n n ❑ ❑ .Arc - wwowC Apowc[a TA+ar to Iluuwwc Or Lt 9atETCN \ , I I '\ MISC EILA EOYS � ZZ)/ /`llCi�CA - � v l O .�n �//�I✓✓///eJJ�t// Q i I I �I ' Ir OIC.ta rOPTr � VI: V¢lticic 9d/ CJ �- 0000 , �I �C I r •�a�a•.r. 1010 1010. _ 1010. rIK--"`-1010."�►� ..�.�r - �:-L..i.�. ..-a__ [ 1010- • 1010. 1010_. 1010 1010 1010 1010.. H .?. _, OAT[ e. COL61LIow -"'• TWX it. rc.c wort[• OIP.Cat LO. wort[• ..06 • - .0. COO — we. l 177 _ �/E COLLISION NARRATIVEJf STOPS�/ IF 00OF J-1P 3z 5tZ4 ly or zz 36 a - 6 F OF Sir I [, PRIMA[' COLLISION FACTOR RIGHT OF WAY CONTROL 1 21 3' • PE OF VENC 1 j ] ♦1 MOVEMENT PRECEDING IA VC {[CTIOw VIO\At.ON: IIS[:A CON1w OLf iVNC 11OwIM4 .Ayf CNG[w CO. (.MCLV O[f COLLISION .B CON1w OLf NOT I..Cl.O.I.G A ETA TIOw W..G ON' A [TO•.90 B OT.[w 1..no". Ow..,"a. 'C CONTWO66 ODSCW.90 S ...ffa wOaw CA*./tw A.Llw B ..00ar0..6 ST..16Yt C OT.'e T..N pwrvcw• D rO CC-1-OLS 1.119n1 C .oleweYcu;fcooT[a 1 C u. o•• 100.0 D uwnwPWN• TYPE OF COLLISION D ..C."w PA.al T.Me. ` O YA..w< MIGHT TWA. WEATHER iA «[AD•eN - E •,c au.w PAwEL Twucw E r.•+.- LaPT 1u.H A CLEAR B ..DEs."t wlTw Al\t• F YA.." V Tw. • CLO.01 -C .uw RHO F Twucw OR T.1C.TRACTOR G ..C...G C MA.r.HG 'C W.e.Ds.oa. ` T..CR Dw T.uC.TOACTe. M SLO..HG -STe••.HG O s.O...G E -.T COOK C, r/Tu.LEw'l) 1 'ASS..G 01.9.rE.ICL[ !it O,OG OV[.T...SO M SCHOOL a., J C.A.G..G L.wal F ptwaw: G Auto/.l OraT.I.. 1 OT.Ew MVS N.Awwlw4 rAauV lw IM OT.[.': J [YtwGENC. VS.Icla tw-[PING Tw AP..0 IWOY LIGHTINGLYtO1A., H .W• CO.".{GV.PYI.T ......I STILI Ow A11 DAYLIGHT MOTON VEHICLE INVOLVED WITH IL MICU CL[ .A Ta O..VI B COOS. -DAP. A r0.•C OLt..0. M OT.90 VE.Ic L[ M 0•.aw YwSYa lOOworG C DA.w - 9110[ET LIGwTf B •[O[{1.IA. N PEOlf110.Aw N CR06S[O.ATO MPOO.re D OA.w -.041099T LIG." C O1Hlw.OTO.Va..CLI Q YO.[O ...a Sl..[T I.G.T6 HOT :0..TO.V[wic La P. OT.L•wOApHA 12 ' 3 . 6 - OTHER ASSOCIATED 0....to E D... - iuwcnoN.wc• IE •...60..TO.V[..c La •.M 010TOR cy•) P ....,.a ROADWAY SVOPACE ,F TO... A •C SeCT.ON VOCLAT.ON: G •••'[LING WwOwG 1010.• A a., ;G O,c.cla R a,.6.: 8 WCT 'M .r.r AL: a .c •lcno.V.CL.1lo.: C .c• 3 • so Mwlc TT—D.uG PHYSICAL D [L�..Ew1 ).uoo Y. 014.1.91c.) I .u[o Ow/acT: C VC•t CTlow..OLATION: (r.ww . ,G T ITC.$) PCAOWAY CONDITIONS {A AD.01 ace.o..w urc I.... 1 To l.tar y) J 01w[w OM/ECT: O ,c Sa CTIOw W606ATION: • r9O-VNp6•uP lot rtl A .0,65.Deep PUTS. ! who-NOT u.Ol. C 'B 4.0011..'%.IAL ow wo.DWAr• :K eT«ew: E ..uew etarw.lr t.n: .r.Lug wcr• IC DOSI.WCTIO.oN NOADWA.• «t0-w•A.10 rll.T D CO+6T10OOCT.Ow-w6.A.w [ONE PEDESTRIAN'S ACTION IF I.A11t.T10« DYwwwO.w• ;E .Eoucao 10CADWA. WIOTw A No I90991.1A.I..OL.Ee IG SID.Q 00 T..I•.c Ic ..".D..A r.wa.ea /1F .LGeGa D• C.pb.•N. .N C.e&%.A.. M[wT[w.wG/LCAV..G MAr. F W.AIR.erT-Pra.c.L• AT..Tcwsa CT.ew 71 •wa v.oul Cp.Lla Dw !G WIA.P.ErT.01 ANDWN C.00n.6 .N Cwey6.AL. -.0T J Yw1 A..L.w. WITH ROAD M .OT IM 'C wp..Y*.AL CONOIT.O.6 AT..If.00 CTIO. i«Oa,IC'IVa Va..C"taw... 1 y\ta..IP A1.6Vaa " 'D C.OssING - NOT•.C.096..,. Me"t: • :E .Y **AD- ..CLVDal 6.061.06. L V...VOIVaD YI M.0 Ia :F HOT ON WOADMOI.u•: G A..00-C w.wI:LEaV..6 SCwOOI&Vf N 1•efe ..•A waw, INVEI�.L.vab•1 .•O.hV.Ml10 ...Vts'.6.,60 0• ..0.NV.6a10 !.&V.E.ao 0. •�.� l ' i _ .— 10 .--w I C . I FOV. J0 WW) .1� 1_-, _, a-'.w�A�--,._- __�._r._>.._._r....�.�.�:-__J-��:..:sw�-a:r=.+iuirw::w,'wrlar..�+w�-a.w...��•. .-'J-.':_ >-.r� ._ � PLEASANT HILL POLICE D: TRAFFIC COLLISION REPORT WAGE t.Ec1AL C0.einews o.Iw.u.a D' M !w CIT, IWDICIAL OISTwICT V.oa. A I.Lo.. w CouwTT wswwn.e DnrwICT 06^1 "'o =9? 3 -l7tial Z CDLLI{Ia.occw Nco o« ro. DAT I.. Twa it.) .cic .»M waw eP.ICP. Le. 0 0 Q ye UI«Tf waccner wITN NIu.•,IaTAL ow TO::...Aw A. CTAT[ w• .(uTc [G ❑ND (♦ Oro PARTY »Ar( IP 1.s+.rleDu,LAST) STREET A00.96% I Da1V(w D.IVE.'S LIC(NSa NYr EL. STATE OI.TN OAT( S[} ftACa CIT• [TAT[ I.D.E ID IS.0.1 IR. I[D[S- TIIIA« VLMICa[ TR. Y..[/YOO(L LIC[.([ No. [TATE Ow MS.'S AAPS p(A"[ A(OalVta r..R[e Y[N. 1.(CTION Or ON/ACROSS IsTawaT O. AIG YN A♦ Oww[w's ADDw[af p%..a at DRIVE. p TRAWaL Glc'. CLIs, ❑ vcwo urrt Duros"80.O. vewluE p W V ORIvu ow owo[wf er Va.ICLa DAMAGE vw L.Tlo. C.A.GED t}TENT LOCATION OTM[w ❑rlMow ❑Poo. ' p D Y.IO. p TOT.I: ( PARTY w.r[ •Ia s.,Ymoaa.uSr aTwE[T wooaa G{ I Dw1VE. DaIV(R'(LIC[.a[ wurw[. STAT[ O..T.DATE taxwAcc CITY ST." 1.0.1cD NO. OA' Va. ..DEE- +.IAM VtwICLS VR. rA.[/YDOEL LICLwta ND. STATE OwN(w'( .Ara C[."[ AS O.IVaw 13 IA.N[O VLM. I.a CT10M Or OM/AC.O{{ ST.[[T Ow .IG.MAT Ow.t R'[ADDRL Sf pfA4[ Af DRIVE. p 'NAVAL a1CY• CLIST p {.LEO LIr IT DISPOSITION or VEHICLE p aV ORITA10: 0.0[.9 OI Vf MICLL DAMADL VIOLATION C.A.G[D STENT LOCA OTMCR TION ❑TOTAL I oa Kw�/TION Or D.r AGE F Q W G YEf we wr.a SS EXTENT OF INJURY INJURED WAS SCh POh one; PARTY ew:• AGE SEXrATAL Sl v[wE wou Mo OTN(. VI{IGL[ t.L.- IMIV.V O�{TO.T(O Y(Mw[. I....1[{ LO»PLAINT OI PAIN 001Vfw PAS%. vac. CllfT A. NUMBER D ❑ ❑ ❑ D ❑ G G «Are .NOME , M • D.[{{ TARS.To INIuw Ee OMLV N �P So "e 111'f rE .»owc 0 W ? ADDrE{S Awf. o I.Iuw.D O.'• D Z_ ..rt .NONE ADDaEu TAKEN To INJURED ONLY SKETCH MISCELLANEOUS IMOIC.If MORTM 000054 a a .ui . Cwi Cw Oai awe ca Oai NAR RAT IVE/SUPPLEMENTAL �Maw0AT,Vi p .,,..«„R,,,.L V__L CGLL,i3Ow We CRT O pTwtn: ' =s Data O• Ow.O..aL,.C,Oaw• r.wa bard - wc.c .,..iu *,,.coo LO. .V.arw .O. ea• wt •a. Xet 070f c.*,lc ou w'v/,uO.C.aL On,w.c� wvownro o.i,w,e�Pu, C.ur.ow wuror of Ll�SA�G !/tee �_ T ! etni•✓ 'rte T rLC ss �1��1 •.<,` e r ar`(« Q�J��� '.A, tel! /I i.D G/-TxIiia - !r4i ���� ris ts� `ii� �s[e //'�� ��.sCi,�*s �//io.�pu� ,�e✓.� S�s��� er:< drf. or L ¢ /_ ✓�T at .lam — ir- 1 &001 ani . �1�3 �. .4s ,rle, /"09"� ,i�c et„t-, OL/D /�� / •./� /�I.f _.a�I�il.� �r �3L♦cl l.�_ !11 girc. _AZV./e , � �. RF y{,�ili_d�J/17��aaL Sj� ,� �.•r�vin< ! Shf� lyoet i�-e tel 2 d sr�� !+ i C.��� � i IiiQ 4cAX .CijlL 1 000055 �/!/dJ7/l ATlI.L/ 1 4,,a. U r.L o,- _ Zee „4 eZ S41 !le ,L „1 �I , d1w !�� a/�c a.� ��..al �.ii 11 wCP _f,- '� -A!�4 - lwag, a♦.! 4I S.E C/ met. .>.!< 1peje_ .�C.L .♦ .�- -r`� i� iit Zr.- / ..1/a A as dot •.arawa r'a wara .. wwoow rO. Do., .a. way.r. '•adwl oro. daa. CF P 656;PAv 1)OP1042 Use prwiak editions unlP depleted. • - waaa !��• !sea e"s C% y .ere 90RATIVE/SUPPLEMENTAL ""ATivR ❑ eUPPL[Ye"TAL V—L—COLLISION IlewollT ❑ oTl.ce: 1ATa or Tars (w•j "CIC /w.Yra[w ' OIwIcaa 60. wdYaew • oar sw. - G ' aTr/cauNTr/,YO•G•wL OpTw ICI w[•Ow Tlwa of{Tw•Ci/"a wT C•T•TgY NYraa• e-.5 ejoy LOCaT•OM/a//Yjjalf CT r'2�I�L!{,[ � i �•7n/Y✓ a� L.J � �j/t.� .9/ 5��,,,•SafLEr• .�, w� ��.,�Ii, '•� I[� . d d� A/!� ie�.�en IJi iys.c �Q sa / ,[lta_ ,9 s A ,GiG,► __ c ,/AJ�l,�,��.._✓ L.11 / d :��v G✓c�s i �1/i 100, /r- dmiax .. &6,01 ,✓�i s�L 7�J[c�� S5k a� if �n YA e-.a •T/lL �d/.dtS�L�� !tel �ir�i���f�7.. Lei,S i�(ml•1. ' A.;_r..<_x4-c_ i t A92_ydd21 bc.. &izsante t 1 �/-•�L-�ce_.��r/ ffcJ—e�Q-t�..0-S�.i�; L�,�stl..9 ,e_ (s••�-� �� Ai zz 6P_ �(t f+—�o1�4z/ i&w le :, G - J1 ,f A7r r. 9i .�T.ls��, n�,..e.-.. a-CAA.Sa+e�� rsn�e f, 2 CC.a .1� � a.r`. /� � .rt ���i�er s�.� GSL b4 34 l6Z 4 �oa•�w•w' "a LO."waaa 10. OAr rw. wa vet ra"'a"a"a r0. Owr i". CMP 556(Rev 841)ON 042 - Use previous editions until depleted, wa.06 9-ft Or Mom - _ •..__ ��.:�_.�......� Ysa_.__. .w...•, -w:� �—a����s.:-.�':^..Y CYYCY Orf *"ECK OYs NARRATIVE/SUPPLEMEN TAL' ❑ rsww ATIV e: ❑ ,u„LtrcrrAL ❑ COLLISION w[/OST ❑ oTNew: PATS Or Owlclwu rrclotrT T10a (noo) "etc Uurfaw 011lcas Le. 'wVruw vo. owT +w. cl*y/c Ouwr+JirnlCIAL maTOOKI -9•OOTI-0 Onywle THfwT CITATIOw INIrww1 IGCSTIONI Susie cT yq GJCa iiT 1 /Q Prti�/ BYO �^ if (rdd�ws� n1r ��C�� i wwf r.w sW Ita."masw I No. tsT Ta. waflfwsw's wsra aSO. elwT Va. ITEMIZATION OF CLAIM RE: CAROL MYERS Item Amount Acme-Western Ambulance Service $ 516.65 Blood Bank of Alameda County 375. 00 Cadillac Ambulance Service 331. 00 Regional Medical Ambulance 510 . 50 Med. Elec. Co. 85. 00 Long Drugs 32. 40 Walgreens 13. 59 Dr . Appel 337. 50 Dr . Daugharty 645.00 Dr. Jensen 3,320. 00 Dr . Pugh 658.00 Diablo Valey Radiology 121 . 50 Samuel Merritt 23,320.25 Home Health & Counseling 233 . 20 C&M Specialties 511 .11 Abby Medical 402. 30 Dr. Woodruff 770.00 Oakland Radiology 226. 00 Dr . Keller 93 .00 $34,851 . 91 000058 i Board Action : c— CLAIM April 3 , 198' WYAM Cr SOPERVISM CP CMM COM CMIMip C aMUN A c Claim Against the Clarity, or District ) RMCE TO CLRDSM governed by the Board of Supervisors, ) The copys t ma to you is your Flouting Indorsements, 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 915.6. Please :vote all %Wmings•. Claimant: Dolores Mae Littleton County Counsel Attorney: Daniel M. Moody Address: 199 N . Hartz Avenue Suite G MAR O1 1984 Danville , CA 94526 Martinez, CA 94553 Amount: $79G'25 . 64- By delivery to clerk on Date Received: March 1 , 1984 By mail, postmarked on F e b r u a r 22 , 1984 Certifie ai I. lRCt4: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 1 , 1984 J.R. OLSSON, Clerk, By '�� / / '/�'/u� Deputy Helen arino II. FROM: Comty Counsel 70: Clerk of the Board of Supervisors (Check only ane) ( ) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.21 and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 7777 577, By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County 1, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. Bcm Qt n i By unanimous vote of Supervisors present (Y) This claim is rejected in full. ( ) Other: I certify that this is a true arJ correct Dopy n Board's Order enter n is minutes for this date. SVS c Dated: 3 9LJ. R. OLSSONp Clerk, By _&-tc , Deputy Clerk MMM (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 oast action an this claim. See Government Code Section 965.6. _ 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 inmediately. V. FRCM: Clerk of the Board 70: (1) Canty Couansel, (2) County Administrator we notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed claimant. � ���- DATID: Uyu-1 3 I9 :F �F J. R. CiBSON, Clerk, By L , Deputy Clerk cc: County Administrator (1) County Counsel (2) 000059 CLAIM 1 I_ I • I• LAW OFFICES OF DANIEL M. MOODY 1258 POST STREET. SUITE 740 SAN FRANCisco, CALIFORNIA 94109 TELEPHONE (418) 888-4000 February 21, 1984 199 NORTH HARTZ AVENUE. SUITE O DANVILLL CALIFORNIA 94926 TELEPHONE(414) 891.0700 East Contra Costa Irrigation District P.O. Box 696 Brentwood, California 94513 ! RECEIVED NOTICE OF CLAIM FOR PROPERTY IYINZ /, i984 DAMAGE AND PERSONAL INJURY PURSUANT TO GOVERNMENT CODE J. R. OLSSON ^�f SECTION 910 CIE KBOApRR/DD�,�OpP SUolRVISOR$ B (�.C.klsf CO. V ?De uN (a) Name and Post Office address of claimant: Dolores Mae Littleton Rt 1, Box 163P Brentwood, CA 94513 (b) Notices to be sent to: Daniel M. Moody Attorney at Law 199 N. Hartz Ave., Suite G Danville, CA 94526 (c) Date, Place and Circumstances of Claim: On or about November 17, 1983, Agent/employee of above-named District, Frank Corria Souza failed to yield right-of-way as required by California Vehicle Code Section 21804 resulting in a collision causing property damage and personal injury to claimant; see CHP Traffic Collision Report attached hereto- and incorporated herein by reference. (d) Injury, damage or loss so far as known at time of presentation of claim: (1) Extensive damage to 1979 Cadillac Front End and Radio repair. (2) Automobile rental while vehicle repaired. (3) Lost work time. (4) Injury to neck and/or spine. (5 ) Pain and suffering: 000060 i East Contra Costa Irrigation District February 21, 1984 Page 2. (e) Name of Public Employee causing injury damage or loss : Frank Corria Souza (f) (1) Amount claimed as of date of presentation of Claim: (a) Repair of Automobile: $5,518.04 (Subject to subrogation claim of Atlantic Insurar_ce Company (b) Automobile Rental: $1,037.60 (c) Unreimbursed auto repair: $250.00 (d) George N. Weston, M.D. : $90.00 (e) Radio Repair: $130.00 (2 ) Prospective injury: Continued treatment by Dr. Kling, Dr. Weston; physical therapy; lost time for treatment and therapy; permanent injury. ' M DANIEL M. MOODY Attorney for Claima t DMM:cj cc: County of Contra Costa Martinez, California i T i . 000061. DEC t) t . TRAFFIC COLLISION REPORT .•a OwDITIOr. e.lr/ywao M \ • CITY _ /u el cl.l Ols,w.Cf ...aaw .raOnY / .0. .ILlaO r \ • Co.." SOPO.Tlwe O."..CT SEAT Cy C011la•OM OC C...ED Or r0. DI.V Va. +Ira (Earl nC.0 w.Ywaw O..'Caw I.D. ........_kb n�_.__NUJ`1 1 a co rlaa•oaf Iw.ewrA1111 ifteRial Ow +or AN" ST•+r rIs...' waZATaD It u rat, Or .118 POST •na O.0 Olaf r0 0 PUOrOOw.•wa J A,.rTaa-USCT.O. r11. o-t 5/ f�,rllas ,J o. lboo-yC\ L Its �nD (ARTY ...a 1.1007, YIDDLa,ua.) o..ff.'$ ...a aA re .S D•.va• -� D•.Yaw S•war, .00.019 .ora .n Or• or.aw'.•00.699 •ra As Calls. i X - ci cs— o •.oa✓ u,.:NA,t::o fvnwau •.ews en�;�apt owl.. or 0.0109 e• Tnu C(� w 5 h 1 O e...caw D..l.. r e,... •.wnaD Dw.•a+'. VCa w.. ...... •TAT• Du,r D.,t •aJ •wca D.w.cM1OF e• / .• DAY Tw. ,.Aloft ew;A a..s aat.e�r ew ..D. •l 6.100101• b F - s ►J 1 sic' Ya.. •.191 r..a G1;reDaalal/COLOfjSJ LlCff.0 r0.(S) ST.+a(11 CWP use Yt.rcaa a•r•DS-a ATa w,rae CA T10. LY 0109- �/� 4�4l 1NP� n YawGlia Tr• prive• p-000...0 'L r•/ow n,eN. PARTY w•re 1•'•aT,r.00La,urt) o.raw'a .Art a.r• .. D..va. � COELRLA - T Dwwr. .,w•a. .00wua Per[ 1w1r6 o.wa•'a.Oeuaa L_ ..rt •. o.waw Cc LMA (0,6q-14d�A CA ..0.. 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CHP555—Pape1 (Rev6.821OPI042 --- --- _ — MIC C04LISION CODING. �• .n Dp.iewliow TIM► IM..1 Nuc w10.Da* o•.lcaw LD• «vru*• r rD DA, VP. b9 S PROPERTY DAMAGE •as%al"10F e• OAMAwa OWNER'@ rpra/AODwr.• rDTl.11[D VIOIATIDN151 TART' 1 PART► S PARTY l PARTY CHARGED PRIMARY COLLISION FACTOR RIGHT OI WAY COMTOOL 1 [ a • TYPE OF VEHICLE 1 a . • MOVaY an?Pa■CaDING IuaW WV WS9A 10101 PAN"AT.AULTI A CONTROLS FUNCTION,%% A PAH%r%as Cass?&.mea OM CO",S,OK • A Vc",:T.o. VIOLATION: a OO.Tm01s NOT Fw.CT10.I"e a PAeesNDS* CAR W/TftAILRM A*To.P%0 C CONTROL&oRscu*le C MOTOR CW Cum's COOTS. a .aocasous OTPAlw.T • a ..... IMP.0.00 O*,VUG• O ro CONTROLS Masa%T D.,cru.Ow r•NaL Taucs C uN oPP ROAD ! PICKU./.AmaL TOM W/TRLA D MAKI"s sNNT TV". C OT.a* T.A.O.IVSM• TYPE OF COLLAION F Tawc.on TwVCK TRACTOR If INAKINS LEFT TV*" an D V..NO.•P A rt ADb" G TO-/TOM TMACTOM W/TOL* F MAKIOw M TURN W SATHEp ruw 1 To 1 ITRMS / uoEe W,Pa M SC.oOL sup Ic O.Ca..6 A cue.. C "a Aw E.0 1 OT.Ia sue M LLORuw-STP r.uO a c.evw. D ss GADS-oa ) Erc.Swwct Va.ICLf I1 passu*o"s. va«ICLa C wMo.A E MIT Os]■CT K am, Comet.Rew...E.r J CNA.*..*LAWNS O .am,M% F C.Sa'.%%ao l EICVCIG K ..Ral.e Wa.wwwa* a Pal* G Auto/F[Dut.IAN M otru VEHICLE e«r[al"s TDa.I.0 ..Dr F symam. IN OT.So.: K PEOraTMIA" 9.0101000.OMOI.M• • WINE O rO.K0 L IARMIN* aTlly on am LIONTINO MOTOR VEMICLE INVj.O P.IVATa e..VD A 9.A tLlaa A NOw•CoLLIUow1 i 1 • THEM ASSOCIATED FACTOR M OT.ao Vw&A.D ♦VMwu• a EV*P�wA rw a .a0261RIA« IN•.r 1 tD I ITEMS) N Alas..To or"&,.*LAM C eams-OTows•Llerta IC OTrsw MOTOR VE. A VC SECTION VIOLATION: D 0...so 0 mes*J* Slws*T LIO.ta D MOI•. VS..O.OTR MEMOIR• PTewOt L.S.Te.01 ! IA..ED .0100 VEa VC of CT10N VIOL•TION: Q TR AVaLIwa WRONI RAW• a •ewa I VOf1lDYlw*I F •MAIM A Ot.aa•: G D.CTCN C VC sactO.v1OL.TIO.: •&&OVA, aU"PACE M A...AL: 1 1 1 • sOaR1ETY-DRVO- •ME. D VC Sa CTIO. VIOLAT.O.: PMVEICAL •ie• FIXED 01010►. IMAM. I To]IT1Ms1 OE•WI IP W VI&ION Ow eCV Pa►Emla: A.AD 9.01 wwaN D%IYMIY• -.�!RPPmwt (mrm*t. sm.•RtC.I J OTMa% Ow1a CT: a NpD-VYOe* Ir.LVEw Ca F % IY.rTa.Tlo. (• -DD-.01 V.O[M I.ILV.'! ai•w•�%• •Me rT IOrR Fa atop R so T*A.PK Iv r*e-,rr.n ra+♦u.K.• r*`�l 1a•_ i I� R P[DEETRIAN•a ACTION M a.Tw.IMO/LwAVIME *A.P a V.DaP DRUG Iw.LVGNCS'' .. m.sa� A MO .R Da atR1AN IN VO1VaD 1 PREVIOUS COLLISION FIM rA1s Ww.t�PNWaICAI• T 1�I1�"�w M~�0�[a_M�.e*OEAW• CROSS-"* 1N CROSSWALKJ uN.Amm"M WITH DOA• G...A...Owr .OT aremr 1 sI•aDaO�e.a a aT INTaalla CTIOM K Dr.ac"V[ VON.■*ulp.: M.OT A.M.was CROaSIww IN c9.Olwuw-.OT 1 eLa alT p*rlwa. _ ` a '1••% C Gt INVOOSe CTID. I L V«INVOLVao vow.c6■ IMOSeIwe-.Ot I«C.O.s.AL. M OTwa.•: , 1 ] • SPECIAL IMI ORM ATIO« IN RO.D_I.CLVeG91.0.6040 K MONS ALAR("T A w.lA.DOVS rPt[MIALSI 00100w10wARAt VawleL■ a .lff lrVelVaD• �. • APPwo•er IN*rLaAVl.e ICr00L... C ♦ue ea0aCT/..1Lu*a• eYRcw%j �Wy MISCELLANEOUS '1�^y,• - L.:'$:a• tflI14�� awl s• - v�L uolcAta v ro*Tw IY, R. IAr 7 ate; 000063 &. ser � • •}=�� ' ' `��`�V _ PHYSICAL DESCRIPTION OF PANTY 4 .10.0%0 1"440 Tell .PICT Wa,eA R • is "'�L._..`- �` "lc.' .t• _A l.S burps. 00. DAV We. A(v11.DR's .Ara re. D.• ta. / 1 C •-`� "� *Explain to nanDlml _.._. 1:c jREoftYlINESSES/PASSENGERS lATa O(. cOLL1alON Irt (moo) Ycic YU.ban O..IGaw 1.a.. wVYalw .0. l\ DAIS In. (Aks 1 0 A)--Ltcl EXTENT Of INJURY (check one) INJURED WAS (check One) PARTY WITNESS wAee[NDER AYE SEX al VawE ROUND OlrtE vlalE Lt DDY.LAIYT NUMD[a ONLY ONLY ATAL Irluw♦ DI(Te.Tae Ya rDtw Rllualaa OI .wlw DDIVaa .tae. MD. IC.cLIaT OTMa. ❑ ❑ 5 % 1 F ❑ ❑ 1 ❑ RAISE J T .aY TO IIft"ARD ONLY) Z)owREs MA, % .=nvn .1 KL=5& - eeewaea Ta L61.0.6 116 '69,EgLS& ❑ ❑ I ,-kqlMl ❑ I O I Cl I X I Li I Li 1 O 1 Li 1 V' .AIS■ TA.aY TO [#"$URN*OYLT y� .00.969 l�ln Li/M.il� S�LJy �EuIM RDSPai1!'1�Ma1 Lbn%0CkA .Ara TAwar TO (Iriu.ao OYLTI i i ASO.aq TaIEn.O.■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 ❑ ❑ o ❑ .ArE TAII•Y TD(IN/V.ae e.") LDO.[a• Tl LI.rOM! G ❑ ❑ CD Cs G ❑ 1 ❑ ❑ 1 0- TO Ilwiu.ae orl^') leo.a♦a , Tlla.roY■ ,Ara TAwaY TO )IYiUw CD 0"6V) 00.6" Ta II MONa El D I El ura TAwaY To IIrIVwID OWL') 10Dwe09 Ta IIMOYE _ ❑ u ❑ ❑ El c ❑ I Cl I G i o ❑ •.rt TA.EY TO(IYIVwaD OMLT) . ,*pace* Tala..DYa ❑ ❑ ❑ o ❑ ❑ ❑ 1 ❑ Cl I ❑ ❑ AY! TA.ar TO I.YIVIaO OYLT) I DO.aae .all.rowE i ❑ ❑ ❑ ❑ ❑ ❑ 1 ❑ G I G ❑ .ISE ' TAKE"TO)IYIV.IO OMIT) DO.a ae w TaLa.rO*a IIT11[eS PANS[NDEE EXTENT Of INJURY (Cheek one) INJURED WAS(cher AYE SEX ONLY ONLY atvawa rOV.O OT.E.v,e,eLf eDY.LAIw♦ ..........T DIeTO.♦ Owlvtw .Ale. 120. a.c•cueT NUMa[w !D rt rau w.uwla! o. •A.w D..EA RAISE 1•D.YVYOaw ISD. DAT To. i.a v,a waa'e YArt ro. DA. Tw, HP 555—Page 3 (Re. 8811 ON 042 ' -WAL DIAGRAM ova or Cellq.ow .1 +.ra IL.aI rcic roraaw O...caw LO, wur.aw ^� ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE. I 1III lilt II I I I I I I11 1 1 I / 1\ • 1• 1• E - 1 i E-t 4(II,d A?� 11 7a 11, 1• PI�.ZJ4TE ROAO Roao II _ I I 1 _,.. all 000065 -,.. ,.. _.. V. ,.. ,.. ,.. T.. ,. I I I I I 1 1 1 1 1 1 1 III I 11 I 1 1 1 I i 1 j t I I I I I �.O wuraaw ro. o.v +w. .cvu wr.'a r.ra ro. o.r •., _ Iva ■ ZNT L ■ `• r ]. � L � •. • • � • � • • ���� • \ • • 1. 7.� L ��� • . livillilillmigL. _ i . . . ■ �• . f _ rW �• . . • ! S, / • . rte - / � • � • � r� � '. ♦ � - Jim _� 1- �.. • 11 \ v • � a 1 . MWi� 'xWWv RM L � � � •� � �. • ' • '_ • -A WRM _ ■ iiti7[7 • i cm MILMOMA �+ • •. WPM _ •.�1 \s lam• \_ �� La � • r 1111 . C..Ca oaf Cw.Cr Oa■ NARRATiVE/SUPPLEMENT; .AIIaATIV■ 0 euP.LeMtMTAL COLLI510. ee.OeT O or"Irm: *AT. e. Oa MMAL I.CIoe.T TIME Lw) wCIC .u.a.a I *,,sees,LO. wu...a No. C OAT t 'ft. D Oct L `I I CIT/CO.wTT/IMeICIAL OI.TOIR a..ea Tlwa OI.Ta1C TISSIAT CITATI.w MV.a.. 1 • I LO CATIO./e.�1�/ 1. I ,. QEA , P qrAoT�ks - LLE v- 07 IkNSrEl I:. OkA 17. -rrye — 0 • •` ie a I 000008 +...w.wy�I rs LO..urau re. sA• •a, w.vlC..w'. •r .o. O.• •a. QIP 556 (Rev 4$3)ON 042 Use Previous editions until depleted. w Board Action : ` CUUM April 3 , 1984 DOM CF SOPEttVISORS Or CQP W CD9)R MMM, QILZFQM Claim Against the Oomty, cr District ) NNICE TO CLRDI STP governed by the Board of Supervisors, ) The copy t Med to you is pour Routing Endorsements, wff-Dowd ) notice of the action taken on po� claim by the Action. All Section references are ) Board of Supervisors OParagraph to California Government Codes ) given pursuant to Government Code Section 913 Claimant: Leona Minor and 915.6. Please note all Dmarning6unty Counsel Attorney: Douglas G . Lamar 1AAR 0 11984 Law Offices of Richard P . Groff CA 94553 Address: 3105 Lone Tree Way , Suite D Antioch , CA 94509 Hand Delivered fit: $650, 000•. 00 + By delivery to clerk on March 1 , 1984 Date Received: March 1 , 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counse Attached is a copy of the above-noted claim. Dated: March 1 , 1984 J.R. O[SSON, Clerk, Byto Deputy A 4ePMori o II. PRCM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim oanplies substantially with Sections 910 and 910.2. (�) This claim FAnS 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: - -A V By: Deputy County Counsel nsel 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. DOM CFM By unanimous vote of Supervisors present (Y) 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.J. R. C � 3 , r Dated: By J p . qty Clerk L,(,,f��ck q �f ES.SQ�1, Clerk, 1 i MMM (Gov, Code Section 913) Subject to certain emoeptions, you have only six (6) months from the date this notice was personally served a: deposited in the mail to file a court action an this claim. See Goverrment Code Section 965,6, 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) Oomty Counsel, (2) County Administrator th— We notified the claimant of the Board's action an this claim 'by mailing a copy of this document, and a m no 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 fec leave to present a late claim was mailed to claimant. DATED: 3 141 &-q J, R, C ESSON, Clerk, By P , Deputy Clerk cc: County Administrator (1) County Counsel (2) 000069 CLAIM RECEIVE CLAIM OF LEONA MINOR A3,� J. OLSSON VS CLERK R"sD�ryO�FFSSUUPPERRVISORS CONTRA COSTA COUNTY, CALIFORNIA a Polictical Subdivision TO: JAMES R. OLSSON, Clerk of the Board of Supervisors of Contra Costa County, California THIS CLAIM is presented by LEONA MINOR. The post office address of claimant is 214 West 6th Street, Antioch, California 94509. All notices respecting this claim should be sent to DOUGLAS G. LAMAR, Attorney at Law, LAW OFFICES OF RICHARD P. GROFF, 3105 Lone Tree Way, Suite D, Antioch, California, 94509. Attorneys for claimant. The date and place of the transaction giving rise to this claim are as follows: On or about January 1, 1984, claimant, LEONA MINOR, first discovered that the intense grinding pain she had been experiencing in her stomach was being caused by two clamps which had negligently been left inside her body at the time she had a gall bladder opera- tion in the County Hospital located in Martinez during the year 1976. The claimant does not know the names of the public employees who caused claimant' s injury. The injuries/damage sustained by claimant to date consist of: A. Medical Expenses Incurred to date: Amount unknown to claimant at this time, Claimant will supply this information upon discovery of same. 000070 ti B. Impaired earning capacity/ reduced opportunity. . . . . . . $100, 000. 00 C. General Damages/Pain and Suffering. . . . . . . . . . . . . $250. 000. 00 The injuries/ damages expected to be incurred in the future include: A. Future medical expenses (including additional surgery to remove clamps) . Amount unknown to claimant at present time. B. Future earning capacity. Amount dependent upon claimant recovering from corrective surgery. C. Future general damages/pain and suffering. . . . . . . . . $300, 000. 00 Total $650, 000. 00 plus medical expenses and future impaired earning capacity. DATED: February 29, 1984 LAW OFFICES OF RICHARD P. GROFF ,))OT7GLAS GT LAMAR Attorney,-"for Claimant 0000'7 . -2- CUU M BMm OF SUPMWISCRS W CMM COM COMM CALIVCtsdIA Board Action April 3 , 19 84 Claim Against the County, or District ) 1aXICB TO CIAIIMW governed by the Board of Supervisors, ) The copy of7s t7ma ed to you is par 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 low. unf el Claimant: John Crawley Attorney: Law Offices HAR 0 2 1984 Eugene C . Treaster Martinez, CA 94553 Address: 1010 Fourth Street Sacramento, CA 95814 . Amouaut s $103000 . 00 By delivery to clerk an Date Received: —March 2 , 1984 By mail, postmarked an March. 1, 1984 I. FRIM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: March 2 , 1984 J.R. CZSSON, Clerk, By ZZ&Wl Deputy II. FROM: County Counsel T0: Clerk of Board of Super cors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAnS 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; 77 Deputy County Counsel III. FROM: Clerk of the Board 70: (1) County 1, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. Sam 01MM 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 mi Utes for this date. / Dated: 3, I q J. R. CTSSW, Clerk, By )'�f a� . , Deputy Clerk • MENIM (Gov. Cole Section 913) Subject to certain emoeptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action en this claim. See Goverment 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 10: (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 claimant. F d Deputy Clerk DATED: 3 / 9 J. R. CISSON. Clerk, Sy , cc: County Administrator (1) County Counsel (2) 000072 CLAIM RECEIVED - l- MAR ,P 1984 LAW OFFICES CL ARD F R. OLSSON EUGENE C. TREASTER C ���UPERVISORS _ 1010 FOURTH STREET 6 "" ""' e u 2 SACRAMENTO, CALIFORNIA 95814 3 TELEPHONE 19161 444-2622 4 5 ATTORNEY FOR Claimant . 6 7 8 CLAIM AGAINST THE COUNTY OF CONTRA COST 9 In the ,Matter of the ('la.i.m of ) l I 10 JOIIN CRA14LEY ) CLAIM" FOR PERSONAL INJURIES 1 11 against the COUNTY OF CONTRA COSTA ) z 12 - ---) -- 1 1 13 TO: THE CLERK OF THE BOARD OF SUPERVISORS , COUNTY OF CONTRA COSTA : I w I 14 YOU ARE HEREBY NOTIFIED that JOHN CRAWLEY , whose address 15 is 4458 Crestwood Circle , Concord, CA 94519 , claims damages against l 16 the Cr)UN.TY OF CONTRA COSTA in the amount , computed as of the date 17 of presentation of this claim of TEN THOUSAND DOLLARS ($10 , 000 . 00) . 18 This claim is based upon personal injuri<-=s sustained ny 19 the .claimant on February 3 , 1984 , in the vicinity of 30 Muir Road 20 in - the County of Contra Costa, California , out of the following 21 c.i.rculnstances : 22 A dangerous and defective condition was present upon I� 23 County property owing to th-e negligent design and maintenance of 24 chairs provided to the claimarnt for his use in that the back of f 25 a chair provided to claimant was broken, thereby causing injuries 26 and. damages to the claimant . 000013 Page 1 . I Y V max. 1 The names of thepublic employees causing claimant ' s i 2 injuries under the described circumstances are unknown to the 3 claimant at this time. 4 The injuries sustained by claimant, as far as known as of 5 the date of presentation of this claim, consist of bodily injuries b and other damages to be hereinafter alleged. 7 The amount_ claimed . as of the date of r,resentati.on of this 8 claim is computed as follows : 9 Expenses for medical and. hospital care $ Unknown l 10 Special damages for treatment S Unknown 11 ..General Damages $ 8 , 000 . 00 . I 12. Estimated prospective .damages as far as known: 13 Future , expenses for" 'meaical and :hospital 14 care $ Unknown 15 Other prospective special damages $ Unknown 16 Prospective general damages $ 2 , 000 . 00 17 Total amount claimed as- of the date of 18 presentation , of this claim - - - - - - - - - - - $ 10 , 000 . 00 19 All notices or other communications with regard to this 20 claim should be sent to claimant at the Law Offices of EUGENE C . 21 TREASTER, M10 - 4th Street, Sacramento, CA 95814 . . 22 DATED: February 29 , 1984 . 23 24 /S/ EU=GENE C. TREC ER :EUGENE C . TREASTER 25 Attorney for. Claimant . 26 LAW OFFICES : . NE C. TREASTER 000074 1010 FOURTH STREET YZIRAMENT0,CA 95814 Page 2 . •SLE9HONE (916) 4462622 / CUUM HOAM or Sfl1=74;O1% CF cffim COBPA amine cumaNzA Board Action April 3T-1-974 4 Claim Against the County► c r District ) 16>FICB 1+0 CiAIIwr governed by the Hoard of Supervisors, ) The copy s t ed to you is yoir Routing Endorsements, and Hoard ) notice of the action taken on your claim by the Action, All Section references are ) Board of Supervisors (Paragraph IV, bei ), to California Government Codes ) given pursuant to Govvznment Code Section 913 and 915.8. Please note all uWarningso, Claimant: Walter Henry Nieland and Eleanore M. Nieland Attorney: Law Offices of County Counsel James D. Biernat MAR 0 2 1984 Address: 1710 E1 Camino Real , Burlingame, CA 94010 delivery Martinez, CA 94553 _ Amount: Undetermined very clerk on Date Received: — March 2, 1984 BY Mail, postmarked On February 29 , 1984 I. Arm: Clerk of time Board of Supervisors TO: County Counsel Attached is a oopy of the above-noted claim. 1-2 Dated: March 2 , 1984 J.R. CESSON, Clerk, By c > Deputy Kell R Calhoun II. NM: County Counsel TO: Clerk of the Board of Super sons (Check only one) ( ) This claim oanplies 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. FAM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. jo= QES in By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) Others I certify that th s . s a true and correct copy of the Boar 's Order entered in its miputes for this date. �(^ p ^ p t Dated: 3 , t Q _y J. R. GESSM, Clerk► BY� I YV_0 u� • Deputy Clerk IQ11a<TIIG (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 om t action an this claim. See Government Code Section 985.6. 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. PROM: Clerk of the Hoard TO: (1) County Counsel, (2) County Administrator MMM geopins of _m We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a mem thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703, ( ) A warning of claimant's right to apply for leave to present a late claim was mailed cla_imacnt, MM: 3 ► Q & R. CuBSm, Clerk, By Deputy Clerk cc: County Administrator (1) County Counsel (2) 000075 '00075 CLAIM RECEIVED 1 MICHAEL A. BRACCO -7 LAW OFFICES OF JAMES D. BIERNAT MAR �C 1984 2 1710 El Camino Real Burlingame, CA 94010 OLSSON 3 Telephone: (415) 692-5560 CLERK RD OF SUPERVISORS 4 uty 5 Attorneys for Defendants WALTER NIELAND and ELEANOR NIELAND 6 7 8 9 10 11 CLAIM OF: 12 WALTER HENRY NIELAND and CLAIM FOR PARTIAL OR COMPLETE INDEMNITY/ 13 ELEANOR M. NIELAND, APPORTIONMENT OF FAULT (Government Code §910) 14 vs. 15 COUNTY OF CONTRA COSTA 16 / 17 TO THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 YOU ARE HEREBY NOTIFIED THAT WALTER HENRY NIELAND and 19 ELEANOR M. NIELAND whose address is 649 Terra California Drive, 20 Walnut Creek, California, claims damages in the form of total 21 or partial indemnity and/or apportionment in fault in an amount 22 as yet unascertained, but which will become ascertainable upon the 23 awarding of judgment in action No. 254420 by the Superior Court 24 of California, County of Contra Costa. 25 This claim is based on personal injuries sustained by 26 laintiff DAVID BEN-JACOB on or about August 17, 1983, .in the 0000'76 1 vicinity of the intersection of Castle Glen Road and Tice Valley 2 Boulevard in the unincorporated areas of Walnut Creek, Contra 3 Costa under the following circumstances: 4 On August 17, 1983 DAVID BEN-JACOB was backing his Cadillac 5 automobile out of a private drive on to Tice Valley Boulevard near, 6 the intersection of Castle Glen Road. As a proximate result of 7 the dangerous and defective condition of the foliage on public 8 property adjacent to said portion of Tice Valley Boulevard the 9 vision of WALTER HENRY NIELAND and ELEANOR M. NIELAND was ob- 10 structed. As a proximate DAVID BEN-JACOB's vehicle was stuck by 11 the vehicle driven by WALTER HENRY NIELAND, who then and there was 12 operating his vehicle in a westerly direction on Tice Valley 13 Boulevard near and adjacent to the above intersection, which 14 condition as aforesaid caused DAVID BEN-JACOB the injuries and 15 damages to him alleged in his complaint. 16 The names of the public employees causing claimants injuries 17 under the described circumstances are not known to claimant. 18 The injuries sustained by claimant as far as known, as of 19 the date of presentation of this claim, will remain unknown until 20 the awarding of judgment by the aforementioned Superior Court of 21 California in Action No. 254420. 22 Plaintiff in the above-referenced Superior Court Action No. 23 254420 in the Superior Court of the Slate of California, County of 24 Contra Costa is claiming general damages, medical and incidental 25 expenses according to proof, property damage and loss of use 26 according to proof, all costs of suit, prejudgment interests, 0000'77 CA•118C 6/70 V i 1 and such other and further relief as the court may deem proper. 2 All notices or other communications with regard to this 3 claim should be sent to claimant at the LAW OFFICES OF -JAMES D. 4 BIERNAT, 1710 E1 Camino Real, Burlingame, California 94010. 5 Date: 6 LAW OFFICES OF JAMES D. BIERNAT 7 8 MICHAEL A. BRACCO 9 Attorneys for Defendants WALTER and ELEANOR NIELAND 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 000078 CA-118C 6/70 i CLAIM 1 �3. BOARD Cr SUPERVISORS Cr Cow COSTA CwAR, Ca,Ilawn BOARD ACTION s April 3 , 19 Claim Against the County, at District ) RMCE TO CIAIMM governed by the Board of Supervisors, ) The copy s t ed 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: Henry Aggio , Carolina Aggio, Mary Aggio and Bruno Gh.ezza Attorney: David Allswang , ESQ . County Counsei Bledsoe , Cathcart , Boyd, Eliot & Curfman Address: 650 California Street , Suite 2828 MAR 0 2 1984 San Francisco , CA 94108 Amount: Unspecified' By delivery to clerk on Martinez, CA 94553 Date Received: —March 2 , 1984 By mail, postmarked an ��a r r _ i 4 R 4 I. PROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 2 , 1984 J.R. CISSON, Clerk, Deputy II. PRCM: COunty Counsel 10: 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 910.6). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. PROM: Clerk of the Board 70: (1) County Coundel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD CRUER 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 mipptes for this date. Q Dated: 3, I ��f J. R. CISSON, Clerk, By �ia� ( . Deputy Clerk 1Q�1II�1G (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served our 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. PROM: Clerk of the Board 70: (1) County Counsels, (2) County Administrator Attached are copies of the above claim. Ne 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 present a late claim was mailed claimant. c� DATED: ! J. R. CESSON, Clerk, By�1 .0 U, Deputy Clerk cc: ; County Administrator (1) County Counsel (2) 000079 , CLAIM 1 DAVID ALLSWANG, ESQ. RECEIVED BLEDSOE, CATHCART, BOYD, ELIOT & CURFMAN 1 2 650 California Street, Suite 2828 MAR c>? 1gR4. San Francisco, California 94108 3 Telephone: (415) 981-5411 R. O�S.ON l �wc , Ro u��, 4v,M�n�RS 4 5 6 7 8 CLAIMS OF : CLAIM FOR EQUITABLE CONTRIBUTION AND INDEMNITY; 9 HENRY AGGIO, CAROLINA AGGIO, IMPLIED EQUITABLE INDEMNITY MARY AGGIO and BRUNO GHEZZA, AND DECLARATORY RELIEF 10 VS . (Government Code §910) 11 COUNTY OF CONTRA COSTA 12 13 TO: THE BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 14. YOU ARE HEREBY NOTIFIED that HENRY AGGIO, CAROLINA AGGIO, 15 MARY AGGIO and BRUNO GHEZZA claim damages from the COUNTY OF 16 CONTRA COSTA in an amount not yet known but to be determined 17 on a theory of equitable contribution and indemnity and implied 18 equitable indemnity by the trier of fact. 19 This claim is based on personal injuries sustained by 20 THOMAS EDWARD GROFF, JR. , on or about June 14th, 1982 in the 21 vicinity of 3478 Bodega Avenue, Petaluma, California. 22 The circumstances of the injury and the case are related 23 in the attached Complaint numbered 128963 filed in the Superior 24 Court of Sonoma County. 25 The names of the public employees causing claimant 's 26 injuries are unknown. 27 The injuries sustained by plaintiff and the underlying 28 action are unknown. 000080 I All notices or other communications with regard to this 1 2 claim should be sent to claimants care of their attorneys , 3 David Allswang, Bledsoe, Cathcart, Boyd, Eliot & .Q.urfman, 650 4 California Street, Suite 2828, San Francisco, California 94108. 5 DATED: March l 1984. 6 BLEDSOE CATHCART, BOYD, ELIOT & CURFMAN 7 8 By •�, L1 DAVID ALLSWANG, orneys for 9 Clai n HENRY AGGIO, CAROLINA 10 AGGI :RY AGGIO and BRUNO GHEZZA 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 000081 -2- ATTORNEY OR PARTY WITHOUT ATTORNEY(NAME AND ADDRESS): TELEPHONE: FOR COURT USE ONLY David N . LaDue (415)930-6380 LaDue & Goldston 319A Lennon Lane Walnut Creek, CA 94598-2437 ATTORNEY FOR(NAME): Plaintiff Insert name of court.Judicial district or branch court,If any,and post office and street address: SUPERIOR' COURT OF SONOMA COUNTY f+ STATE OF CALIFORNIA 600 Administration DriveI L E P.O. Box 1419 Santa Rosa CA 95402 �APi 1 � ,..� PLAINTIFF: THOMAS EDWARD GROFF, JR. , a Minor, by So OMA OU CLERK ADRIAN BRYCE, his Guardian ad Litem By pull Qerk DEFENDANT: FAMILY LIFE CENTER, aka FAMILY LIFE CENTER INC. , NEIL McC , HENRY AGGIO, CAROLINA AGGIO; MARY AGGIO; BRUNO GHEZZA; COUNTY OF SONOMA, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, and Q DOESTTO 30;aclusive A P1 L. CASE NUMBER: COMPLAINT—Personal Injury, Property Damage, Wrongful Death r-1 MOTOR VEHICLE ®OTHER(speciW: General Negligence, 128963 QProperty Damage =Wrongful Death Premises Liability. ®Personal Injury =Other Damages(specify). Mandatory Duty �• 1. This pleading, including attachments and exhibits, consists of the following number of pages: 10 ' 2. a. Each plaintiff named above is a competent adult JExceptplaintiff(name): Thomas Edward Groff, Jr. Ma corporation qualified to do business in California 0 an unincorporated entity(describe): ED a public entity(describe): ( a minor =)an adult ® for whom a guardian or conservator of the estate or a guardian ad litem has been appointed other(specify); Q other(specify): Except plaintiff(name): Ma corporation qualified to do business in California (Ian unincorporated entity(describe): CD public entity(describe): Da minor 0 an adult []for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): ED other(specify): b. M Plaintiff(name): is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. 000082 OOO8Z c. Q Information about additional plaintiffs who are not competent adults Is shown In Complaint— Attachment 2c. (Continued) Form Approved by the Judicial council of calNornia COMPLAINT—Personal injury,Property Damage, Effective January 1,1962 Rule 5082.Ill) Wrongful Death CCP 425.12 SHORT TITLE: CASE NUMBER: vrOMAS EDWARD GROFF, JR. vs. FAMILY LIFE CENTER et al 128963 COMPLAINT—Personal Injury,Property Damage,Wrongful Death Page two 3. a. Each defendant named above is a natural person ®Except defendant(name): Family Life ®Except defendant(name): S tit a of Center, aka Family Life Center Inc. California 1 QR a business organization.form unknown Q a business organization,form unknown OR Q a corporation Q a corporation t Q an unincorporated entity(describe): Q an unincorporated entity(describe): [] a public entity(describe): ®a public entity(describe): Q other(specify): Q other(specify): ® Except defendant(name): County Of ®Except defendant(name): County of Sonoma Contra Costa M a business organization.form unknown Qa business organization,form unknown Q a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): ® a public entity(describe): Ug a public entity(describe): Q other(specify): Q other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. CD Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4. ® Plaintiff is required to comply with a claims statute.and a. M plaintiff has complied with applicable claims statutes.or b. j7 plaintiff is excused from complying because(specify): 5. This court is the proper court because ® at least one defendant now resides in its jurisdictional area. ®the principal place of business of a corporation or unincorporated association is in its jurisdictional area. 0 injury to person or damage to personal property occurred in its jurisdictional area. Mother(specify):At the time Plaintiff sustained injuries, he resided in its jurisdictional area. 6. ® The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): All of the paragraphs contained in this i�omplaint. (Continued) Page two 000088 a t�eftti B-1(3) SHORT TITLE: CASE NUMBER: THOMAS EDWARD GROFF, JR. vs. FAMILY LIFE CENTER et al 128963 COMPLAINT—Personal Injury,Property Damage, Wrongful Death(Continhed) Page three 7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased pre M listed in Complaint—Attachment 7 Mas follows: S. Plaintiff has suffered M wage loss Q loss of use of property M hospital and medical expenses ®general damage Q property damage ®loss of earning capacity M other damage(specify): 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is fair,just, and equitable;and for 23 compensatory damages ®(Superior Court)according to proof. Q(Municipal and Justice Court) in the amount of S Q other(specify): 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have one or more causes of action attached.) j-1 Motor Vehicle ®General Negligence Q Intentional Tort M Products Liability ®Premises Liability PM Other(specify): 1 . Failure to summon medical aid 2. Failure to discharge mandatory duty 3. Violation of safety regulations 0000$41 LaDue & Goldston David N. LaDue ��� (Trpft orprint rime) (signature of plaintiff or attorney) COMPLAINT—Personal Injury,Property Damage, Page three Rule a92.t(l)(aonrcl) Wrongful Death(Continued) CCP 425.12 .la7 N►l�l) J:6/uaay &I W. $MORT TITLE: CASE NUMBER: THOMAS EDWARD GROFF, JR. vs. FAMILY LIFE CENTER et al 128963 FIRST CAUSE OF ACTION—General Negligence page— (number) ATTACHMENT TO ®Complaint QCross-Complaint (Use a separate cause of action form for each cause of action.) GN-i. Plaintiff(name):THOMAS EDWARD GROFF, JR. , a Minor, by ADRIAN BRYCE, his Guardian ad Litem alleges that defendant(name): NEIL McCABE ®Does 1 to 5y inclusive was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(date): or about 6/14/82 at(place): 3478 Bodega Avenue, Petaluma, California (description of reasons for liability): Defendants were at all times relevant hereto. employees of Family Life Center, aka Family Life Center Inc. and were charged with supervision and care of the Plaintiff at the time and place stated above. Defendants were negligent in that they failed to monitor and control the activities of Plaintiff and other resident wards at Family Life Center, aka Family Life Center Inc. such that Plaintiff fell from a tree and severely injured his neck and back. Defendants were also negligent in that immediately after Plaintiff sustained his fall, Defendants induced Plaintiff to stand up and walk to a vehicle so that Plaintiff could be transported in a sitting position to a medical facility, thereby aggravating and traumatizing Plaintiff' s existing injuries. 000085 Form Aoprorb by the Juftiel council of califom4, tons Rui:U2.1(3i t°� CAUSE OF ACTION—General Negligence CCP 425,12 .m wr.iaq 1r VAJA t�v. aiv SHORT TITLE: CASE NUMBER: THOMAS EDWARD GROFF, JR. vs. FAMILY LIFE CENTER et al 128963 SECOND CAUSE OF ACTION—General Negligence Page 5 (number) (< ATTACHMENT TO ®Complaint Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-t. Plaintiff(name):THOMAS EDWARD GROFF. JR. , a Minor, by ADRIAN BRYCE. his Guardian ad Litem alleges that defendant(name): FAMILY LIFE CENTER, aka FAMILY LIFE CENTER INC. [Does 6 to 8, inclusive was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(date): or about 6/14/82 at(place): 3478 Bodega Avenue, Petaluma, California r (description of reasons for liability): Defendants were at all times relevant hereto the employers of Diifendants Neil McCabe and Does 1 through 5, inclusive. Defendants were negligent in hiring Neil .McCabe and Does 1 through 5- Inclusive. placing wards in their care and supervision, and failing to instruct Neil McCabe and Does 1 through 5• inclusive in basic first aid or emergency procedures. Defendants were also negligent in failing to maintain an adequate ratio of qualified staff members to wards at the facility located at the above stated address and in failing to maintain the premises in a safe and secure condition. 000088 corm Approved by the Judicial Council of Caafom4 Effect"%2iaj 1982 CAUSE OF ACTION—General Negligence CCP 425.12 : wafn, FORM NO. B-5 D SHORT TITLE: CASE NUMBER: THOMAS EDWARD GROFF, JR. vs. FAMILY LIFE CENTER et al 128963 THIRD CAUSE OF ACTION—General Negligence Page 6 pwmber) ATTACHMENT TO ®Complaint QCross-Complaint (use a separate cause of action form for each cause of action.) GN-1. Plaintiff(name):THOMAS EDWARD GROFF, JR. , a Minor, by ADRIAN BRYCE, his Guardian ad Litem alleges that defendant(name): FAMILY LIFE CENTER, aka FAMILY LIFE CENTER INC. Does _9 to 10, nclusive was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(dare): or about 6/14/82 at(place): 3478 Bodega Avenue, Petaluma, California r (description of reasons for liability): Defendants Family Life Center, aka Family Life Center Inc. and Does 9 through 10, inclusive were licensed Residential Facilities under Section 1508 of the California Health and Safety Code. Defendants were required to observe all regulations contained in Title 22 of the California Administrative Code, Chapters 1 and 2, relating to group homes for children. Defendants were in vi.olation of those regulations in that they failed to maintain a safe and secure premises for Plaintiff, failed to give adequate instruction in first aid to its staff, failed to provide adequate child to staff ratios, failed to provide supervision and protection for residents as required by the regulations and placed a person with inadequate training and experience in sole charge of children. Plaintiff was a member of the class of persons for whose protection the regulations were adopted and the violations proximately resulted in injury to the Plaintiff. t 00008' Form App""by the - Judic4f Council of Ceefomia fEnecf01:4U2.1(3)1982 CAUSE OF ACTION—Generol Negilgence - CCP 425.+2 ani fr.�uu FOlim m V. im-D S41ORT TITLE: CASE NUMBER: THOMAS EDWARD GROFF, JR. vs. FAMILY LIFE CENTER et al 128963 FIFTH CAUSE OF ACTION—General Negligence Page 8 tmnnfls.) : s ATTACHMENT TO ERComplaint CDCross-Complaint (Use a separate cause of action form for each cause of action.) GN-t. Plaintiff(name): THOMAS EDWARD GROFF, JR. , a Minor, by ADRIAN BRYCE, his Guardian ad Litem alleges that defendant(name):COUNTY OF CONTRA COSTA M3Does 14 to1El, inclusive was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(date): or about 6/14/82 st(p►ace): 3478 Bodega Avenue , Petaluma, California (description of reasons for liability): Plaintiff was committed to Defendant Family Life Center, aka Family Life Center Inc. ' s care and custody by the Contra Costa Juvenile Court after it was approved and inspected by the Contra Costa Probation Department and the Contra Costa Social Services Department. Defendants County of Contra Costa and Does 14 through 16, inclusive were negligent in authorizing Defendant Family Life Center, aka Family Life Center Inc. to act in their stead in maintaining custody and care for Plaintiff. Defendants were also negligent in that, although their agent, servant and employee, Family Life Center, aka Family Life Center Inc. had reason to know that Plaintiff required immediate medical . care on or about June 14, 1982, Family Life Center, aka Family Life Center Inc. failed to summon medical aid for Plaintiff but instead forced Plaintiff to undertake actions which aggravated Plaintiff' s injuries. 000088 FomApproved bythe Judicial Council of Calitomla Effective January CAUSE OF ACTION--General Negligence CCP 4?5.12 .4182 rruf) 1rUMIL mo. ow CASENUMBER: SHORT TITLE: - THOMAS EDWARD GROFF, JR. vs. FAMILY LIFE CENTER et al 128963 FOURTH CAUSE OF ACTION—General Negligence E Page 7 (number) .. ATTACHMENT TO ®Complaint QCross-Complaint (use a separate cause of action form for each cause of action.) GN-1. Plaintiff(name):THOMAS EDWARD GROFF, JR. , a Minor, by ADRIAN BRYCE, his Guardian ad Litem alleges that defendant(name): COUNTY OF SON OMA ®Does 11 to 13, inclusive was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(date): or about 6/14/82 at(place): 3478 Bodega Avenue, Petaluma, California f (description of reasons for liability): Defendants County of Sonoma and Does 11 through 13, inclusive were• negligent in that they failed to adequately inspect, regulate and supervise Defendant Family Life Center, aka Family Life Center Inc. before they authorized referral of wards to that organization. Defendant County of Sonoma and Does 11 through 13, inclusive were legally responsible both in their own right and by delegation of responsibility held by Defendant Contra Costa County for Plaintiff. Defendants were also negligee-, in that, although their agent, servant and employee, Defendant Family Life Center, aka Family Life Center Inc. had reason to know that Plaintiff required immediate medical care on or about June 14, 1982, Family Life Center, aka Family Life Center Inc. failed to summon medical aid for Plaintiff but instead forced Plaintiff to undertake actions which aggravated Plaintiff' s injuries. 000089 Form Aorwed a the iwicial Counca of California E""`p January 0i1°B2 CAUSE OF ACTION—General Negligence ccf+4zs.fz SNORT TITLE: CASE NUMBER: `THOMAS EDWARD GROFF, JR. vs. FAMILY LIFE CENTER et al 128963 SIXTH CAUSE OF ACTION—Premises Liability Page 9 O mbar) ATTACHMENT TO ®Complaint Q Cross-Complaint E (Use a separate cause of action form for each cause of action.) Prem.L-t. Plaintiff(name): THOMAS EDWARD GROFF, JR. , a Minor, by ADRIAN BRYCE, his alleges the acts of defendants were the legal(proximate)cause of damages to plaintiff.Guardian ad Li t em On (date):or about 6/14/82 plaintiff was Injured on the following premises in the following fashion(description or premises and circumstances of Injury): On property which is adjacent to and adjoining 3478 Bodega Avenue, Petaluma, California, Plaintiff climbed a tree to reach a platform constructed there. Plaintiff stepped onto the platform and it gave way causing Plaintiff to fall 20 feet or more to the ground, striking his head, neck and back on debris piled at the foot of the tree. Prem.L-2. ®Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): HENRY AGGIO, CAROLINA AGGIO, MARY AGGIO, FAMILY LIFE CENTER, aka FAMILY LIFE CENTER INC. , BRUNO GHEZZA ®Does 12 toinclusive Prem.L-3. ® Count Two—Willful Failure to Warn [Civil Code section 6461 The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): HENRY AGGIO, CAROLINA AGGIO, MARY AGGIO, BRUNO GHEZZA, FAMILY LIFE CENTER, aka FAMILY LIFE CENTER INC. ®Does 12 to 510 inclusive Plaintiff,a recreational user,was [:—)an Invited guest ®a paying guest. Prem.L-4. Q Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): f Q Does to a. Q The defendant public entity had CDactual QConstructive notice of the existence of the dangerous Condition in sufficient time prior to the injury to have corrected it. b. Q The condition was created by employees of the defendant public entity. Prem.L-5. a. Q Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): Q Does to b. Q The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are []described in attachment Prem.L-5.b Q as follows(names): 00009CP Form Approved by the 46ftid CounaN of California E"«RuM 992 us' i 1° °2 CAUSE OF ACTION—Premia is Uability CCP 425.12 ,�- 4 1 Short Title 2 THOMAS EDWARD GROFF, JR. vs. FAMILY LIFE CENTER et al 3 Case Number: 128963 : t 4 5 SEVENTH CAUSE OF ACTION - FAILURE TO DISCHARGE MANDATORY DUTY 6 Attachment to Complaint Page 10 7 Plaintiff: THOMAS EDWARD GROFF, JR. , a Minor, by ADRIAN BRYCE, 8 his Guardian ad Litem 9 alleges that Defendants: 10 STATE OF CALIFORNIA and DOES 21 through 22, inclusive 11 were the legal and proximate cause of damages to Plaintiff. By 12 the following acts or omissions to act, Defendants intentionally 13 or negligently caused the damage to Plaintiff on or about 1� June 14, 1982 at 3478 Bodega Avenue, Petaluma, California. 15 Defendants State of California and Does 21 through 16 22, inclusive had a mandatory statutory duty to inspect, regulate 17 and license or withdraw a license from Defendant Family Life c 18 Center, aka Family Life Center, Inc. Defendants' failure to 19 adequately inspect, regulate or withdraw Defendant Family Life 20 Center, aka Family Life Center Inc. ' s license to operate a 21 group home was the proximate cause of Plaintiff' s injuries. °. 22 23 24 25 26 27 28 000091 F M1 L 1 CERTIFICATE OF SERVICE BY MAIL 2 I, LAURA M. HUEBNER, declare under penalty of pexjury 3 that the following facts are true and correct: 4 I am a citizen of the United States , over the age of 5 eighteen (18) years , and not a party to or interested in the 6 within entitled cause. I am an employee of BLEDSOE, CATHCART, 7 BOYD, ELIOT & CURFMAN and my business address is 650 California 8 Street , Suite 2828, San Francisco, California 94108. 9 I served by mail the following document(s) : 10 CLAIM FOR EQUITABLE CONTRIBUTION AND INDEMNITY; IMPLIED 11 EQUITABLE INDEMNITY AND DECLARATORY RELIEF 12 in the following manner: 13 I enclosed-a true copy of said document (s) in an envelope (s) 14 addressed as follows : 15 BOARD OF SUPERVISORS 16 County of Contra Costa Box 911 17 Martinez , California 94553 18 19 20 21 22 I sealed said envelope(s) and deposited same so sealed and 23 addressed on March 1 . 1984 , with said document(s) 24 enclosed therein and with the postage thereon fully prepaid, in 25 the United States mail , in the City and County of San Francisco, 26 California. Executed on March 1 . 1984 San Francisco, 27 California. 000092 28 . LAURA M. HUEBNER Board Action : AMENDED CLAIM C,M April 3 , 1984 BOARD OF SUFMISORS OF CORM 009TA COOFff CALIF MM and Contra Costa County Flood Control & Water Conservation District 'Claim Against the County, or District ) IE71'ICM TO CLKV4A" governed by the Board of Supervisors, ) The Copy Of 7MTS—MEFff—Wt mai ed to you is yons 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 Codei 913 and 915.4. Please note all 'Warni�ti COunsei Claimant: Russell J . Bruzzone & Joan E . Bruzzone Roderick D. Jones MAR 2 8 1984 Attorney: Archer & McComas Martinez, CA 94553 Ac1dress: 1299 Newell Hill Place , Suite 300 P . O . Box 8035 Walnut Creek , CA 94596 Via County Counsel - Amount: Unspecified By delivery to clerk on March 16 and March 28, 198 Date ReceivedNa rc& 4Pcry928 , 1984 BY mail, postmarked on I. FTM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ,�// Dated: March 16 , 1984 J.R. OESSON, Clerk, By ,/ ,ZX- Deputy March , 1984 Melen P . - Marino II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (�) This claim complies substantially with Sections 910 and 910.2.&AAcAe a.� ,fid ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so�ratiiffying claimant. The Board cannot act for 15 days (Section 910.8). ( X) ,� riot 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). Al: 4tt w4A-J-eA. ✓� c�-t�u-rte. a ceu.�sQ rruu_ ,+-c�.a.•v�i ,_���r�w�B�y � ciL�u�� ( ) 44t L ewe u��o a t n evr .0 :fier• 44 , . ZAAr� a Dated: -Xq De ty County e 7 III. FROM: Clerk of the Board TO: (1) County 1, (2) Canty Administrator (x) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOArO OFEER By unanimous vote of Supervisors present This claim is rejected in full. ( •1) . Other: 6-4, ,6. n I certify that this is a true and correct oopy of the Board's order entered n is mi utes for this date. Dated: 3 , I y J. R. oLSSON, Clerk, By P �mac: Deputy Clerk SING (Gov. Cade 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 court action an this claim. See Goverreent Code Section 945.6. You may seek the advice of an attorney of your choice in ocruw tion 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 We notified the claimant of the Board's action an this claim by mailing a copy of this document, and a mem thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right bo-apply for leave to present a late claim was mailed claimant. DATM: 3 i ` y J. R. CE.S90N, Clerk, By jLt,, Plit ce��, �.„ . Deputy Clerk cc: County Administrator (1) County Counsel (2) 000093 CLAIM l v co, Claim of ) RUSSELL J. BRUZZONE and ) JOAN E. BRUZZONE , ) ) Claimants , ) ADDENDUM TO CLAIM PURSUANT TO GOVERNMENT VS. ) CODE SECTIONS 901 and 910 COUNTY OF CONTRA COSTA, ) CONTRA COSTA COUNTY FLOOD > RECEIVED CONTROL AND WATER ) CONSERVATION DISTRICT, ) IM A;;*' i& ✓✓ ; Respondents. ) J. R. OISSON CLERK BOARD OF SUPERVISORS ONT COSTA CO. B :Iln=- ;t LA..De uty (g) Plaintiffs have filed a First Amended Complaint on February 10 , 1984 , and as yet , we are unaware of any answers that have been filed by an y of the co-defendants to that First Amended Complaint and there have been no cross-complaints to this First Amended Complaint of which we are aware. The First Amended Complaint was served by mail on the law offices of ARCHER & McCOMAS , on February 27, 1984. The original Complaint in this action was filed on September 2 , 1983 , and served on defendants Bruzzone , on September 6 , 1983 . A copy of the First Amended Complaint is attached, as well as copies of the orig4nal Complaint and Cross-Complaints based on the original Complaint . It is anticipated that cross-complaints will be filed by all defendants when answers to the First Amended Complaint are -"iled. DATED: March 14, 1964 HER & McCOMAS D BY _ DERIC:Z D. J01LS Attorneys for RUSSELL J. BRUZZONE and JOAN E. BRUZZONE 000094 PROOF Or C7r`VIC� BV PIAIL P.r) 2 1 hereby deciaieund:.i citizen of the Unites S tas,al'd L 3 years, and no, a to i'.' -^-' L,. ADDENDUM TO CLAIM address is 12.99) .... . C3. PURSUANT TO GOVERNMENT 4 0.459& On this &t� 1 =.nm:'; by CODE SECTIONS 901 & 190 5 postage prepaid, in flium Liniie-d St'a#Cs Mai ct V-4alnut Creek, Ca., addressed as.per below 6 Dated at Walnut Creek, Ca:, on 7 8 9 Ms . Elizabeth B. Hearey 10 Deputy County Counsel County of Contra Costa, et al . 11 651 Pine Street Martinez , CA 94553 12 13 14 15 16 x W2 Adf WI—L--AZ 17 ESSIKA TOUCAS 18 19 20 21 22 23 24 25 26 27 28 000095 to-3 ["TATOR NEY OP,P ARTYTHOUT ATTORNEY (NAME AND ADDRESS) TEEPHONE fOR COURT USE ONLY ''AN DIATHEW MAYER, Esq . HARVEY M. KLETZ , Esq . 880 Las Gallinas KLETZ & MOLL Sar. Rafael , CA 94903 5315 College Avenue (415) 479-1053 Oakland, CA 94618 D ATTORNEYFOR(NAME,Plaintiffs (415) 655-7141 insert name of court.judicial district or branch court,it any,and post office and street address: IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FEB 10 1984 IN AND FOR THE COUNTY OF CONTRA COSTA, Courthouse , Court and Main Streets , P..O. Box 911 , Martinez, CA I. R. OLSSON. Co,rntyClrr4 94553 CONTRA CUJTA CUL'NTY by PLAINTIFF: aiattiDLOW lkpury LESTER L. SIMPSON and HELEN J. SIMPSON DEFENDANT: RUSSELL J . BRUZZONE and JOAN E . BRUZZONE, CITY OF LAFAYETTE, COUNTY OF CONTRA COSTA, CONTRA COSTA COUNTY FLOOD CONTROL-WATER CONSERVATION DISTRICT and DOES 1To 35 inclusive CASE NUMBER COMPLAINT—Personal Injury, Property Damage, Wrongful Death L;MOTOR VEHICLE ?CXIOTHER (specify): 251096 7XProperty Damage U Wrongful Death I [Personal Injury IK�,q Other Damages (specify): Negligence'; I Diversion of Waters ; and Others 1. This pleading. including attachments and exhibits, consists of the following number of pages: 19 2. a Each plaintiff named above is a competent adult Except plaintiff (name). J a corporation qualified to do business in California an unincorporated entity(describe): a public entity(describe): �I a minor an an adult =; for whom a guardian or conservator of the estate or a guardian ad litem has been appointed C other(specify): L other (specify): Except plaintiff (name): L_a corporation qualified to do business in California an unincorporated entity(describe) a public entity(describe): _1a minor an adult = for whom a guardian or conservator of the estate ora guardian ad litem has been appointed other(specify): other (specify). b. Plaintiff (name): is doing business under the fictitious name of (speCdy). 9 rb and has complied with the fictitious business name laws. 0000 O®O` C. Information about additional plaintiffs who are not competent adults is shown in Complaint— Attachment 2c. (Continued) ---Form Appro,ei p, IMS - --- Ji,d-c-ai Council of cal.Wrn',' COMPLAINT—Personal Injury, Property Damage, Er.ect.e Januar, 1 1987 'Nronnful Death CC?42s 12 1A-4 :t SHbRTTITLE: SIMPSON v. BRUZZONE CASE NUMBER 251096 COMPLAINT—Personal Injury, Property Damage, Wrongful Death Page Iwo 3. a. Each defendant named above is a natural person =Except defendant(name): CITY OF ®Except defendant(name): COUNTY OF LAFAYETTE CONTRA COSTA Q a business organization, form unknown Q a business organization, form unknown 0 a corporation jQ a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): ` a public entity(describe) municipal )®a public entity(describe): political corporation subdivision of State Of California Q other(specify): Q other(specify): Except defendant (name): CONTRA COSTA Except defendant(name): COUNTY FLOOD CONTROL-WATER CONSERVATION DISTRICT Q a business organization, form unknown Qa business organization, form unknown Q a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): a public entity(describe): Q a public entity(describe): other(speciry): =other(specify): b The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q Information about additional defendants who .are not natural persons is contained in Complaint— Attachment 3c. ' d Qj Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4.,J—�. Plaintiff is required to comply with a claims statute, and a. ER plaintiff has complied with applicable claims statutes, or b. jam, plaintiff is excused from complying because(specify): Government Code §905. 1 exempts inversion condemnation claims 5. This court is the proper court because at least.one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. injury to person or damage to personal property occurred in its jurisdictional area. Q other(specify) 6. RLR The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): 16 , 17 , 18 , 20 , 23, 26 , 27, 32 , 33 , 35, 38 , 45, 46 , 47 (Continued) 00009 age two 1A•5 SHORT TITLE CASE NUMBER SIMPSON v. BRUZZONE 251096 COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) Pagatnraa 7. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are listed in Complaint—Attachment 7 =as follows: 8. Plaintiff has suffered wage loss loss of use of property G1 hospital and medical expenses J ]x general damage ' RSR property damage Q loss of earning capacity XXI other damage (specify): b. Total loss of value of the property 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is lair. just. and equitable; and for compensatory damages -1(Superior Court) according to proof. J (Municipal and Justice Court) in the amount of $ other (specify): Ordering defendants to correct the nuisance and trespass on pTaintiffs ' property thereby abating those conditions to prevent further damage. A. For the third cause of action , reasonable attorneys fees and experts ' fees, as .authorized by Code of Civil Procedure §1036 , according to proof . B. For the sixth and seventh causes of action , preliminary and permanent injunctions . 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have one or more causes of action attached.) Motor Vehicle General Negligence j-1 Intentional Tort =Products Liability k?h Premises Liability Other Diversion of surface waters ; Diversion of Waters from Natural Watercourse; Inverse Condemnation; Negligent. Design; Inspection, Grading Management and Control of Steep Slope ; Escape of Material from. Steep Slope; Nuisance; Trespass; Negligent Violation of Duty Imposed By Ordinance ; Dangerous F C-.o•Qendion_on. uub _ lic Property 'ii'i�cTr✓ 01/L 0098 HARVEY .M. . KLETZ. (Type or print name) •- / (Signatureo}ot plaint h or attorney) ---- �'• ' Page threeCOMPLAINT—Personal Injury, Property Damage, \t/...n r.lnl "�o❑}}. /r`...-iii nrr�rl\ r^o r.. . I FIRST CAUSE OF ACTION 2 DIVERSION OF SURFACE WATERS 3 12 . Plaintiffs realloge and incorporate by reference 4 paragraphs 2 , 5 , 8 , 9 and 10 in this complaint . 5 13 . Plaintiffs are residents of the County of Contra 6 Costa , State of California . Plaintiffs are now and at all relevent 7 times have been the owners of the improved lot and residence 8 located at 39 Brookdale Court, Lafayette , California , more 9 particularly described as Lot 8 of the Tract No . 2646 in Map Book 10 72 , at page 38 in the Office of the Recorder of the County of 11 Contra Costa , California (herein referred to as "plaintiff ' s 12 property") . Attached hereto and marked Exhibit A is a map which 13 identifies the location of plaintiff ' s property , roads and other 14 features of the area insofar as they pertain to this Complaint. 15 14 . The true names or capacities , whether individual , 16 corporate, associate or otherwise , of defendants named herein as 17 DOES 1 through 35 are unknown to plaintiffs who therefore sue 18 " said defendants by such fictitious names. Plaintif=fs will ask 19 leave to amend this Complaint to show their trues and capacities 20 when they have been ascertained. Each of the DOE defendants is 21 responsible in some manner for the events herein referred to and 22 caused damage and injury proximately thereby to plaintiff . Each 23 of the defendants sued herein as DOES 1 through 35, inclusive, was 24 the agent and employee of each of the other defendants , and was 25 at all times acting within the purpose and scope of said agency 26 and employment. 27 15 . Defendants RUSSELL J . BRUZZONE and JOAN E . BRUZZONE 28 own certain properties adjacent to and around plaintiff 0 0 9 KLETZ K MOLL _4_ .TTOww[rf AT L4• 7315 COLLCO[AV[NV[ OA.LANO.CALIF 1.410 I property , and reside at the property commonly known as 899 Hope 2 Lane in the City of Lafayette , County of Contra Costa, State of 3 California (hereafter "Bruzzone ' s properties") . Bruzzone ' s 4 properties are adjacent to plaintiffs ' property to the north of 5 plaintiffs ' property . Bruzzone ' s property slopes steeply downhill 6 toward plaintiffs ' property . 7 16 . Plaintiffs are informed and believe and thereon allege 8 that defendants BRUZZONE and DOES 1 through 25, inclusive , 9 developed and constructed improvements , removed natural vegatatio 10 and peformed other acts and omissions on and to their property 11 affecting the flow of surface water and water in natural water 12 courses . 13 17 . Prior to said acts and omissions , surface water which 14 fell upon or otherwise came to be upon the hills , canyons , 15 mountains and other areas to the north of plaintiffs ' property 16 did not flow toward , onto or over the land which became plaintiffs ' 17 property nor did it flow toward , onto or over the steep slope to 18 the immediate north of and adjacent to plaintiffs ' property. 19 18 . Plaintiffs are informed and believe and based upon 20 such information and belief allege that defendants BRUZZONE and 21 DOES 1 - 25, inclusive,' failed to take .reasonable care in 22 designing , improving , controlling and maintaining their property, �3 as alleged herein , to avoid damage to land and improvements 24 thereon and injury to the inhabitants of plaintiffs ' property 25 from the collection , accumulation , concentration , diversion and 26 redirection of surface water, and water in natural water courses . 27 19 . On or about and for a period of time before March 31 , 28 1983 , the property of defendants BRUZZONE and DOES 1 - 25, KLETZ h MOLL 000400 ATTC11MET!AT LA. -5- 93 IS COLLEGE AVENUE OAKLAND.CALIF AIME .4I51 I inclusive, collected , accumulated, concentrated , diverted and 2 redirected such water alleged in this Cause of Action and such 3 waters flowed on and down toward plaintiffs ' property, causing 4 substantias amounts of water to flow into, onto and over the 5 steep slope which immediately adjoins plaintiffs ' property on 6 its north boundary . 7 20 . The acts and omissions of defendants , and each of them, 8 alleged herein proximately caused the . saturation and the liquefication of such steep slope immediately adjacent to the 10 north boundary of plaintiffs ' property which thereupon failed, 11 causing substantial amounts of mud, earth and debris to slide 12 onto and over plaintiffs ' property , destroying and damaging 13 plaintiffs ' property . 14 21 . By reason of the foregoing acts and omissions of 15 defendants , plaintiffs ' property was damaged and partially 16 destroyed to plaintiffs ' damage in the sum in excess of 17 $350 , 000 . 00 . 18 19 SECOND CAUSE OF ACTION 20 DIVERSION OF WATERS FROM NATURAL WATERCOURSE 21 22 . Plaintiffs reallege and incorporate by reference 22 and adopt as they relate to this cause . of action the allegations �3 contained in paragraphs 2 , 5 , 8 , 9 , 10 , 13 , 14 , 15 , 16 , 18 , 19 , 24 20 , and 21 of this complaint . 25 23 . Prior to defendants ' acts and omissions in paragraph 26 16 , a substantial amount of the natural drainage waters flowed Z7 in and was carried by natural channels and watercourses 28 including Las Trampas Creek among , through and from the hills KLETZ k MOLL _6_ .7,d1Y[YI.T L,. 000101 f)H COLLt [O •V[NUt OAKLAND.CALIF 14619 -111-415-7-41 I canyons , mountains and other areas to the north of plaintiffs ' 2 property , which natural channels and watercourses did not flow 3 toward, onto or over the property which became plaintiffs ' 4 property , or the steep slope to the immediate north of plaintiffs ' 5 property and adjacent thereto . 6 24 . As a direct and proximate result of said acts and 7 omissions of defendants BRUZZONE and DOES 1 - 25, inclusive, the 8 waters from such natural channels and watercourses to the north 9 of plaintiffs ' property were increased, collected, diverted and 10 directed onto and over plaintiffs ' property and the steep slope 11 to the immediate north of plaintiffs property and adjacent 12 thereto. 13 14 THIRD CAUSE OF ACTION 15 INVERSE CONDEMNATION 16 25. Plaintiffs reallege and incorporate by reference and 17 adopt as they relate to this cause of action the allegations 18 contained in paragraphs 2 , 3, 5 , 8 , 9 , 10 , 12 , 13 and 14 of this 19 complaint. 20 26 . Plaintiffs are informed and believe and based upon 21 such information and belief allege that at some time prior to 22 March 1983, defendants CITY OF LAFAYETTE, COUNTY OF CONTRA COSTA, 23 CONTRA COSTA FLOOD CONTROL-WATER CONSERVATION DISTRICT and DOES 24 25 - 35, inclusive, deliberately designed and constructed the 25 streets , storm drainage facilities and roads adjacent and 26 surrounding plaintiffs ' property , together with the drainage 27 devices and structures associated with them for public use, and 28 that on or about March 1983 , such improvements operated in the KLETZATTOMN T LAW 0001 •TT011 K(T(AT LAK 5315 COLLO(AV(NU( -7- `!�J OAKLAND.CALIF 9441• I manner intended. 2 27 . Such improvement alleged herein and the lack of 3 adequate drainage and runoff facilities were a substantial factor 4 in causing the saturation and the liquefication of the steep slop 5 immediately adjacent to the north boundary of plaintiffs ' 6 property and into Las Trampas Creek which hillside thereupon 7 failed , causing substantial amounts of mud, earth and debris to 8 slide onto and over plaintiffs ' property , destroying and damaging 9 trees and shrubs thereon and inundating plaintiffs ' property with 10 water rendering it unusable . 11 28 . By reason of the matters alleged herein , plaintiffs ' 12 real and .personal property have been taken or damaged for public 13 use in the amount in excess of $350 , 000 . 00 . 14 29 • Plaintiffs have retained attorneys Alan Mathew Mayer an 15 Harvey M. Kletz to commence and prosecute this action , including 16 this Inverse Condemnation cause of action , and thereby abd 17 therefore have incurred and will continue to incur attorney ' s 18 fees , expert witness fees , engineering fees and other litigation 19 exepnses in an amount presently unknown ; and whne such amounts 20 are ascertained , plaintiffs will ask leave to amend this complaint 21 to allege the true amount thereof . 22 23 FOURTH CAUSE OF ACTION 24 NEGLIGENT DESIGN , INSPECTION , GRADING MANAGEMENT AND CONTROL OF STEEP SLOPE 25 30 . Plaintiffs reallege and incorporate by reference 26 and adopt as they relate to this cause of action the allegations 27 contained in paragraphs 2 , 51 8 , 9, 10 , 13, 14 , 15, 16 , 20 and 28 LLETZ a MOLL • 000.03 TTDIINETE•T u. —8— ss1E COLLIDE AVENUE OAKLAND.CALIF.$4404 14111!]]Tlal 1 21 of this complaint. 2 •31 . Plaintiffs are informed and believe and based upon 3 sucii information and belief allege that the defendants BRUZZONE 4 and DOES 1 - 25, inclusive, were responsible for and in fact 5 designed , inspected, graded , managed, maintained and controlled 6 the steep slope adjacent to plaintiffs ' property. 7 32 . Plaintiffs are informed and believe and based upon 8 such information and belief allege that the defendants named in 9 this case of action negligently and improperly designed, inspected , 10 graded ,. managed, maintained and controlled said slope by, among 11 other things , improperly placing or allowing to be placed or 12 allowing to remain on such steep slope improperly compacted debris 13 earth and fills ; by failing to stabilize such steep slope when it 14 was reasonable to expect and was reasonably foreseeable that water 15 would undercut said slope or be collected, accumulated, concen- 16 trated, diverted and redirected , and that substantial water would 17 flow over, onto and into such steep slope in such a manner and at 18 such location that is was reasonable to expect and was reasonably 19 foreseeable that the steep slope would become unstable, saturated 20 or liquefy and, as a result, fail and cause substantial amounts 21 of mud, earth and debris to slide onto and over plaintiffs ' 22 property and cause substantial harm to. the property and the person �3 of plaintiffs. Notwithstanding , plaintiffs are informed and 24 believe and based on such information and belief allege that at 25 no time prior to or on or about March 1983 did defendants named 26 in this cause of action , or any of thgm, take any steps to 27 prevent the escape of such material from such defendants ' real 28 property to and upon plaintiffs ' property . O O O4 KLETZ & MOLL -9- •TTOONETE AT kA• 311S COLLEGE AVENUE OAALANO.CALIF 946,8 1 33 . By reason of the acts and omissions alleged herein of 2 the defendants, and each of them, to this cause of action , such 3 steep slope failed on March 1983 causing substantial amounts of 4 mud , earth and debris to slide onto and over plaintiff ' property , 5 destroying and damaging trees and shribs thereon , and inundating 6 plaintiffs ' property with water and debris rendering it unusable. 7 8 FIFTH CAUSE OF ACTION 9 ESCAPE OF MATERIAL FROM STEEP SLOPE 10 34 . Plaintiffs reallege and incorporate by reference and 11 adopt as they relate to this cause of action the allegations 12 contained in paragraphs 2 , 5 , 8 , 9 , 10 , 13 , 14 , 15 , 16 , 20, 21, 13 31 ,_ 32 , and 33 of this complaint. 14 35 . Plaintiiis are informed and believe and based upon 15 such information and belief allege that at some time prior to 16 March 1983 , defendants BRUZZONE and DOES 1 - 25 , and each of them, 17 caused or allowed substantial amounts of debris, earth and fill 18 to remain on the steep slope adjacent to and immediately to the 19 north of plaintiffs ' property and , . in addition , allowed such 20 steep slope and the debris , earth and fill . on such steep slope 21 to collect , impound and become saturated with water. 22 36 . On or about .Mar.ch 1983 such debris, earth, and fill �3 deposited or allowed to remain in such steep slope, together with 24 the water collected and impounded on and in such steep slope, 25 escaped from the property 9` defendants named in this cause of 26 action causing substantial amounts of mud, earth, debris and other 27 material to slide onto and over plaintiffs ' property destroyed and 28 damaging plaintiffs ' property . ((�� KLETZ k MOLL _10_ oO1J3o� •TTOONCTl AT u. 93IS COLLtae w[Hui OAKLAND,CALv 1461, ,.191!'.].914, I SIXTH CAUSE OF ACTION 2 NUISANCE 3 37. Plaintiffs reallege and incorporate by reference and 4 adopt as they relate to this cause of action the allegations 5 contained in paragraphs 2 , 3 , 4 , 5, 8 , 9 , 10 , 13 , 14 , 15, 16 , 20 , 6 21 , 23 , 26 , 27 , 28 , 31 , 32 , 33 , 35 , and 36 of this complaint. 7 38 . Plaintiffs are informed and believe and based upon 8 such information and belief alleged that at all times mentioned 9 herein , all defendants and each of them, so designed, inspected, 10 graded, managed, maintained and controlled their property 11 adjacent to plaintiffs ' property so as to interfere with the 12 comfortable enjoyment of life and property thereon and so as to 13 have constituted thereby a nuisance with the meaning of Civil Code 14 Section 3479 to the person and the real property of plaintiffs . 15 39 . On August 23 , 1983 , plaintiffs ' attorney, Alan Mathew 16 Mayer , sent a letter to defendant RUSSELL J. BRUZZONE (attached 17 and incorporated by reference as Exhibit B) demanding that 18 BRUZZONE take action to repair the damage caused by the slide from 19 his property , and take corrective action to prevent further 20 damage . Defendant BRUZZONE has refused and still refuses to abate 21 and correct the nuisance to plaintiffs for which he is 22 responsible. �3 40 . The wrongful conduct of all defendants herein unless 24 and until enjoined and restrained by order of this Court, will 25 cause great and irreparable injury to plaintiffs in that earth, 26 water and other material will continue to flow onto plaintiffs ' 27 property and plaintiffs will be deprived of the quiet and free 28 use and enjoyment of their property due to the material that has KLETZ k MOLL 000106 •TTOANET9 9T LAN - 9l11 COLLEGE AVENUE 1 1 OAKLAND.CALIF 94919 I already flowed onto their property. 2 11 . Plaintiffs have no adequate remedy at law for the 3 injuries herein in that their property is unique and thus 4 pecurridry compensation would not afford adequate relief and 5 plaintiffs will continue to suffer damages with each rainfall , and 6 they would be required to pursue a multiplicity of judicial 7 proceedings for each subsequent act of nuisance and trespass by 8 said de.fendants . Injunctive relief is expressly authorized by 9 Section 526 and 731 of the Code of Civil Procedure . 10 11 SEVENTH CAUSE OF ACTION 12 TRESPASS 13 42 . Plaintiffs reallege and incorporate by reference and 14 adopt as they relate to this cause of action the allegations 15 contained in paragraphs 2 , 5 , 8 , 9 , 10 , 13, 14 , 15 , 16 , 20, 21 , ,16 . 31 , 32, 33, 35, 36 , 39 , 40 and 41 of this complaint. 17 43 . On or about March 1983, defendants BRUZZONE and DOES 18 1 through 25 , inclusive, and each of them, without plaintiffs ' 19 pu _mission or consent wrongfully caused or allowed large 20 quantities of mud, earth, debris and other materials located in , 21 on and about such defendants ' proeprty to slide, inundate and fall 22 upon plaintiffs ' property which was occupied by plaintiffs. . 23 24 EIGHTH CAUSE OF ACTION 25 NEGLIGENT VIOLATION OF DUTY IMPOSED BY ORDINANCE 26 44 . Plaintiffs reallege and incorporate by reference the 27 allegations contained in paragraphs 2, 51 81 91 10, 13, 14, 15, 28 16, 20, 21 , 31 , 32 , 33 , 35 , 36 , 38 and 39 of this complaint. KLETZ k MOLL (� •TTONMRT3 AT LAW 12` O `�f L �fj/ 731%COLO(�V(NU( L OAK"NO.CALV 34(1( env e3en. 1 45 . Plaintiffs are informed and believe and thereon allege 2 that at all relevent times herein, Contra Costa Ordinance 69-59 3 has been in full force and effect. Section 716-2. 604 of that 4 Ordinance provides in pertinent part: 5 No person shall grade . . . so that dirt, soil , rock, debris or other material washed, eroded 6 or moved from the property by natural or artifical means creates . . . an unlawful 7 encroachment on any other property . . 8 Section 716-2 .0606 of that Ordinance provides : 9 No person shall obstruct, impede or interfere with the natural flow of storm waters, whether 10 unconfined upon the surface of the land, within land depressions or natural drainage ways , within 11 unimproved channels or watercourses, or within improved ditches, channels or conduits, except 12 for construction operations permitted by the county . 13 Section 716-8. 610 of that Ordinance provides : 14 Berms, swales or other devices shall be provided 15 at the top of a cut or fill slopes to prevent surface waters from flowing over or onto and 16 damaging the face of the slope. Special drainage provisions shall be made where a building 17 structure exists within five feet of the top of *he slope. 18 Section 716-8 . 612 of that Ordinance provides: 19 The permitee and/or owner shall maintain drainage 20 facilities in conformance with the requirements of this division , during and after construction. 21 Section 716-8 . 1008 of that Ordinance provides : 22 Operations shall be controlled to prevent �3 nuisance to public and private ownerships because of dust , drainage, removal of natural 24 support of land and structions , encroachment, noise and/or vibration . 25 26 Plaintiffs request that judicial notice be taken of Ordinance 69-59 27 and , in particular , the sections cited herein. 28 46 . Plaintiffs are informed and believe and thereon allege KLETZ & MOLL 000 -10's ATTORNtTT AT LAU 1311 COLLtat AVtNUt -13- -� OAKLAND.CALM 14010 14111 411.111 1 I that all defendants herein violated each of the sections of 2 Ordinance 69-59 cited herein by means of : 3 A. Improper grading of said defendants ' property; 4 B. Improper interference with the natural flow of 5 storm waters from the property of said defendants onto plaintiffs ' 6 property ; 7 C. 'Improper failure to provide berms, swales or 8 other devices to prevent surface waters from flowing over and 9 onto said defendants ' property and onto plaintiffs ' property , 10 damaging the face of the slope; 11 D. Improper failure to maintain proper drainage 12 facilities on said defendants ' property; 13 E. Improper failure to prevent nuisance by said 14 defendants to the plaintiffs because of drainage , removal of 15 natural support of land, encroachment, noise and vibration. 16 47 . Plaintiffs are informed and believe and thereon 17 allege that the violations of Ordinance 69-59 by said defendants 18 proximately caused the damages to person and property alleged 19 herein , where the ordinance was designed to prevent, and which 20 ordinance was adopted to protect the class of persons such as 21 plaintiffs herein. v" 22 23 24 25 26 27 0000 28 9 -14- KLETZ k MOLL ATTOwO9T9 AT LAW 9715 COIA90t AVt11Vt OAKLAND.CALIF.54915 1A 131 451-1141 SHORT TITLE: CASE NUMBER: SIMPSON v. BRUZZONE 251096 �. NINTH CAUSE OF ACTION—General Negligence Page 15 (number) FIRST AMENDED ATTACHMENT TO ©Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff(name); LESTER L. SIMPSON and HELEN SIMPSON alleges that defendant(name): RUSSELL J. BRUZZONE and JOAN E. BRUZZONE Does _. .1_.�to 25 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(date): March 1983 at(place): 39 Brookdale Court and 899 Hope Lane, Lafayette, California (description of reasons for liability): by developing a fire road, removing vegetation, improperly designing, . inspecting, grading, managing, maintaining the steep slope on defendant ' s property at 899 Hope Lane, and improperly placing or allowing to be placed debris, earth, mud and fill on the slope and failing to stabilize the slope, and other acts and omissions. It was reasonably foreseeable that, as a result of these acts and omissions, water collected, accumulated, concentrated and was diverted and directed to flow over and through the slope so that the slope became saturated and liquefied and-ultimately it failed. When the slope failed, it was reasonably foreseeable that substantial amounts of mud, earth, debris, fill and other matter slid and flowed onto plaintiff' s property, causing grave injury to plaintiffs ' property. GN-2 . Plaintiffs reallege and incorporate by reference the allegations in paragraphs 2, 51 81 9, 10, 130 14, 15, 16, 20, 21, 31, 32, 33 , - 35, 36 , 38 and 39 of this complaint. 000J.10 Form Approved by the Judicial Council of California EnecfrSU Jain z Ill) 1982 SO- CAUSE OF ACTION—General Negligence CCP an 12 1A-13 SHORT TITLE: CASE NUMBER: SIMPSON v. BRUZZONE 251096 TENTH CAUSE OF ACTION—Premises Liability Page 16 (number) Amended ATTACHMENT TO T2�)Complaint Q Cross-Complaint (Use a separate cause'6t action form for each cause of action.) Prem.L-1. Plaintiff(name): LESTER L. SIMPSON and HELEN SIMPSON alleges the acts of defendants were the legal(proximate) cause of damages to plaintiff. On (date): March 1983 plaintiff was Injured on the following premises in the following fashion(description of premises and circumstances of injury): Defendants BRUZZONE and DOES 1 - 25, inclusive, performed various acts 'and omissions on and to the property of said defendants and in the management of said property as to create an unreasonable probability of damage to plaintiffs by the diversion and flowing of earth, water and other material from the property of said defendants over and onto the property of plaintiffs. Prem.L-2. Q Count One—Negligence The defendants who negligently owned, maintained, managed and operated. the described premises were(names): Q Does to Prem.L-3. Q Count Two—Willful Failure to Warn [Civil Code section 846) The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Q Does to Plaintiff, a recreational user, was =an invited guest Qa paying guest. Prem.1- 4. Q Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): Q Ooes to._ a. Q The defendant public entity had =actual =constructive notice of the existence of the dangerous condition In sufficient time prior to the Injury to have corrected it. b. Q The condltlon was created by employees of the defendant public entity. Prem.L-5. a. Q Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): = Does to _. b. = The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are (�described In attachment Prem.L-5.b Q as follows(names): O O O JL Prem. L-6 . plaintiffs reallege and incorporate by reference the 11 allegations in paragraphs 2 , 5 , 8 , 9 , 10 , 13, i41, 15, 16 , 20 , 21 , 31 , 32 , 33 , 35, 36 , 38 and 39 of this complaint . Form ADOrored by the Judicial Council of California �M•Ui••JDnuary 1, 1982 >` �r,..� rn. .�r•Ti(11 fr,Siff I ELEVENTH CAUSE OF ACTION 2 DANGEROUS—CONDITIONS -ON PUBLIC PROPERTY [Govt. Code §8351 3 48. Plaintiffs reallege and incorporate by reference the 4 allegations contained in paragraphs 2 , 3 , 4 , 5, 8 , 9 , 10 , 13 , 14 , 5 15 , 23 , 26 , 27 , 28 , 38 , 40 , 45 , 46 and 47 . 6 49 . On March 1983 , and prior thereto, the public property 7 owned or controlled by defendants CITY OF LAFAYETTE, COUNTY OF 8 CONTRA COSTA, CONTRA COSTA FLOOD CONTROL-WATER CONSERVATION 9 DISTRICT and DOES 25 - 35 , inclusive, described in Paragraphs 10 26 and 27 herein were in a dangerous condition that created a 11 substantial risk of the type of injury herein alleged when 12 adjacent property was used with due -care in a manner that it was 13 reasonably foreseeable that it would be used, . water and debris 14 . would flow onto plaintiffs ' property, and did in fact proximately 15 cause damage to plaintiffs . 16 50 . Said defendants had actual knowledge of the existence 17 of the condition and knew or should have known of its dangerous 18 character a sufficient time prior to March 1983 , to have taken 19 measures to protect against the dangerous condition . 20 51 . Said defendants had constructive notice of the 21 dangerous condition as the condition had existed for a sufficient 22 period bf time and was of such an obvious nature that defendants 23 in the exercise of due care should have discovered the condition 24 and its dangerous character. 25 52. Said defendants are liable to plaintiffs herein 26 pursuant to Government Code Section 835. 27 28 000112 KLETZ L MOLL _17- •TTOOK[Tt•T LAV 01■Co"Cag Av[MO[ OAKLAMO.CALIF. 944111 a K 10 �: l 21 i • •-rte ar' BROOKDALE C ♦ aY• , '•, t • Ol.�. r. a ,ate 7` • . tee_ i s• 40 14 a�a+ a i, w r • �`•1G Ir y .4 1• 1 MJr ter. •, ars, � • i a'' ♦ r i TT><< • , t axp • /4 ,ta.a.• .. . :, } d fes• b� t .•��J•'+ f ZZ '' �t�Na"' R•rtt a 4 it • S � j ai sw� i� ti Y N ppfl�.�-3 1 , !pt•�.E n t jurat 23 , 1983 mr . Russell J . Bru=zone 899 ;lope Lane 'Lafayette , CA 94549 Dear Mr . Druzzonot I rej•resent your neighbors, Lee and . Helen Simpson, at 39 Brockdale Court. You have been aware for some time that your property bcyind the Simpson residence has slid and obstructed Las Tra;pas Creek. Unfortunately, you have done nothing to stabilise your property or remove the encroaching soil . You have been on notice of this problem since March of 1983 as is documented by letters frov, the City of Lafayette . You have not taken any action. At this time I nust . request that Unmeliste repair measures be taken so as to avoid damage to the bimpso.ns ' property and other properties along Las Trampas Creek. Please contact me immediately or have your insurance carrier contact me so that the proper repairs can be Iande before the onset of this winter ' s rAinn. Thank You for your courtesy and cooperation . eery truly yours, ALA,; 11. 1•IAYER At!HS se s s- cc? Mr . s Mrs a Lester Simpson Harvey N. Kletz, Esq. EXHIBIT B 000114 1A-3 ATTORNEY C,+ PARTY WITHOUT ATTORNEY (NAME AND ADURESS) TELEPHONE: FOR COURT USE ONLY ALAN F .TTHEW MAYER, Esq . IIARVEY M. KLETZ, Esq . 880 Las Gallinas KLETZ & MOLL San Rafael , CA 94903 5315 College Avenue D (415) 479-1053 Oakland , CA 94618 ATTORNEY FOR (NAME) (415) 655-7141 SEP Z 183 Insert name of court,judicial district or branch court, if any, and post office and street address: IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN J. R..OLSSON, County Clerk AND FOR THE COUNTY OF CONTRA COSTA, Courthouse, CONTRA CCOTA COUN*ry Court and Main Street, P .O. Box 911 , Martinez, ey — CA 94553 PLAINTIFF: LESTER L. SIMPSON and HELEN J. SIMPSON DEFENDAMT: RUSSELL J. BRUZZONE and JOAN E . BRUZZONE, CITY OF LAFAYETTE, COUNTY OF CONTRA COSTA, CONTRS COSTA COUNTY FLOOD CONTROL-WATER CONSERVATION DISTRICT and QtpOES I TO 15 , inclusive COMPLAINT—Personal In Property Damage, Wrongful Death CASE NUMBER []MOTOR VEHICLE ®OTHER (specify): 1096 MProperty Damage Q Wrongful Death =Personal Injury Other Damages (specify): Negligence; Diversion of Waters; and Others 1. This pleading,including attachments and exhibits, consists of the following number of pages: 2. a. Each plaintiff named above is a competent adult Q Except plaintiff (name): []a corporation qualified to do business in Calrlornia Elan unincorporated entity(describe): =a public entity(describe): []a minor Q an adult 0 for whom a guardian or conservator of the estate or a guardian ad litem has been appointed = other(specify): []other(specify): Q Except plaintiff (name). 0 a corporation qualified to do business in California =an unincorporated entity(describe): =a public entity(describe): =a minor =an adult [J for whom a guardian or conservator of itte estale or a guardian ad litem has been appointed Q other (specify): []other(specify): b. Q Plaintiff(name): is doing business under the fictitious name of(svocrly): and has complied with the fictitious business naino laws. O o 011 J c. rJ Information about additional plaintiffs who are not competent adults is shown in Complaint— Attachment 2c. (Cunlunlatl) 1 M' SHORT TITLE: CASE NUMBER SIMPSON V . BRUZZONE 0 COMPLAINT—Personal Injury, Property Damage, Wrongful Death Papa 1.0 3. a. Each defendant named above is a natural person QExcept defendant(name): CITY OF tk>q Except defendant(name): COUNTY OF LAFAYETTE CONTRA COSTA Q a business organization, form unknown C a business organization, form unknown Q a corporation a corporation (� an unincorporated entity(describe): n an unincorporated entity(describe): ® a public entity(describe): municipal XX)a public entity(describe): political corporation subdivision of State of California other(specify): ( (other(specify): Q Except defendant(name): CONTRA COSTA (_]Except defendant(name): COUNTY FLOOD CONTROL—WATER CONSERVATION DISTRICT a business organization, form unknown =a business organization, form unknown (] a corporation Q a corporation (� an unincorporated entity(describe): M an unincorporated entity(describe): ® a public entity(describe): character a public entity(describe): unknown other(specify): other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Information about additional delenoanis who are not natural persons is contained in Complaint— Attachment 3c. d. Defendants who are joined pursuant to Code of Civil Procedure section 382 are (names): 4. C_xPlaintiff is required to comply with a claims statute,and a. M plaintiff has complied with applicable claims statutes, or b.�= plaintiff is excused from complying because(specify): Government Code §905. 1 exempts inversion condemnation claims S. This court is the proper court because at least one defendant now resides in its jurisdictional area. (� the principal place of business of a corporation or unincorporated association is in its jurisdictional area. j injury to person or damage to personal property occurred in its Jurisdictional area. 0 other(specify): 6. ® The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): 16 , 17, 18 , 20, 23 , 26 , 27, 32, 33 , 35, 38, 45, 46 , 47 00011 �COntlnUMf� Page Iwo SHCRT TITLE. CASE NUMBER 1t� c u SIMPSON v. BRUZZONE 1 1 0 J COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) Paga Imes 7. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are =listed in Complaint—Attachment 7 =as follows: 8. Plaintiff has suffered wage loss [ loss of use of property hospital and medical expenses [ general damage 7[ property damage loss of earning capacity Xf other damage (specify): b. Total loss of value of the property 9. Relief sought in this complaint is within the jurisdiction of this court. 70. PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is fair, just, and equitable; and for compensatory damages EKk(Superlor Court) according to proof. (Municipal and Justice Court) in the amount of $ other(specify): Ordering defendants to correct the nuisance and trespass on plaintiffs ' property thereby abating those conditionsto prevent further damage . A. For the, third cause of action, reasonable attorneys fees and experts ' fees, as authorized by Code of Civil Procedure §1036 , according to proof - B. For the sixth and seventh causes of action, preliminary and permanent injunctions . 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have one or more causes of action attached,) =Motor Vehicle ®General Negligence tntentionaf Tort Products Liability ®Premises Liability ®Other(specify): Diversion of Surface Waters; Diversion of Waters from �V'atural Watercourse ; Inverse Condemnation; Negligent Design , Inspection, Grading Management and Control of Steep Slope; Escape of Material from Steep Slope; Nuisance; Trespass; Negligent Violation of Duty Imposed by Ordinance . / 0117 -� (Type or print name) ' (Srp re of pta.non or aftorne I FIRST CAUSE OF ACTION 2 DIVERSION OF SURFACE WATERS 3 12 . Plaintiffs reallege and incorporate by reference 4 paragraphs 2 , 5 , 8 , 9 and 10 in this complaint. 5 13 . Plaintiffs are residents of the County of Contra 6 Costa, State of California . Plaintiffs are now and at all releven 7 times have been the owners of the improved lot and residence 8 located at 39 Brookdale Court, Lafayette, California, more 9 particularly described as Lot 8 of Tract No . 2646 in --Map 10 Book 72 , at page 38 , in the Office of the. Recorder of 11 the County of Contra Costa , California (herein referred to as (2 "plaintiff ' s property. ") Attached hereto and marked Exhibit A is 13 a map which identifies the location of plaintiff ' s property , 14 roads and other features of the area insofar as they pertain to 15 this Complaint. 16 14 . The true names or capacities, whether individual , 17 corporate, associate or otherwise, of defendants named herein 18 as DOES 1 through 35 , are unknown to plaintiffs who therefore 19 sue said defendants by such fictitious names. Plaintiffs will 20 ask leave to amend this Complaint to show their true names and 21 capacities when they have been ascertained. Each of the DOE 22 defendants is responsible in some manner for the events herein 23 referrred to and caused damage and injury proximately thereby 24 to plaintiff . Each of the defendants sued herein as DOES 1 25 through 35 , inclusive , was the agent and employee of each of the 26 other defendants , and was at all times acting within the purpose 27 and scope of said agency and employment. 28 000118 KLETZ ! MOLL -4- 1 15 . Defendant , RUSSELL J. BRUZZONE, owns certain 2 properties adjacent to and around plaintiffs ' property , and 3 resides at the property commonly known as 899 Hope Lane in the 4 City of Lafayette , County of Contra Costa , State of California (hereafter "Bruzzone ' s properties ..") : Bruazone ' s properties are 6 adjacent to plaintiffs ' property to the north 7 of plaintiffs ' property . Bruzzone ' s property slopes steeply 8 downhill toward plaintiffs ' property . q 16 . Plaintiffs are informed and believe and thereon .0 allege that defendants BRUZZONE and DOES 1 through 25, inclusive, II developed and constructed improvements ,-.. .removed natural vegatatio 12 and performed other acts and omissions on and to their property 13 affecting the flow of surface water and water in natural water 14 courses . 15 17 . Prior to said acts and omissions, surface water which 16 fell upon or otherwise came to be upon the hills, canyons, 17 mountains and other areas to the north of plaintiffs ' 18 property did not flow toward, onto or over the land which 19 became plaintiffs ' property nor did it flow toward, onto or 20 over the steep slope to the immediate north of and 21 adjacent to plaintiffs ' property. 22 18 . Plaintiffs are informed and believe and based upon �3 such information and belief allege that defendants BRUZZONE and 24 DOES 1 - 25 , inclusive , failed to take reasonable care in 25 designing , improving, controlling and maintaining their property , 26 as alleged herein , to avoid damage to land and improvements 27 thereon and injury to the inhabitants -pf plaintiffs ' property 28 from the collection , accumulation , concentration , diversion and XLETZ t MOLL 0001 19 A r�- %E YI Al LAS lJ J I redirection of surface water, and water . in natural water courses . 2 19 . On or about and for a period of time before 3 March 31 , 1983 , the property of defendants BRUZZONE and DOES 4 1 - 25 , inclusive , collected, accumulated, concentrated, 5 diverted and redirected such water alleged in this Cause of 6 Action and such waters flowed on and down toward plaintiffs ' 7 property, causing substantial amounts of water to flow into, 8 onto and over the steep slope which immediately adjoins g plaintiffs ' property on its north boundary. 10 20 . The acts and omissions of defendants , and each of 11 them, alleged herein proximately caused the saturation and the 12 liquefication of such steep slope immediately adjacent to 13 the north boundary of plaintiffs ' profftty which thereupon 14 failed, causing substantial amounts of mud, earth and debris 15 to slide onto and over plaintiffs ' property, destroying and 16 damaging plaintiffs ' property . 17 21 . By reason of the foregoing acts and omissions of 18 defendants, plaintiffs ' property was damaged and partially 19 destroyed to plaintiffs ' damage in the sum in excess of $350, 000 . 20 21 SECOND CAUSE OF ACTION 22 DIVERSION OF WATERS FROM NATURAL WATERCOURSE �3 22. Plaintiffs reallege and incorporate by reference 24 and adopt as they relate to this cause of action the allegations 25 contained in paragraphs 2, 5, 8 , 9, 10, 13 , 14 , 15, 16 , 18 , 19 , 26 20 and 21 of this complaint. 27 23. Prior to defendants ' acts and omissions alleged in 28 paragraph 16 , a substantial amount of the natural drainage 1 KLETZ t MOLL 0 0 U 2 .T1M w(.i .T LAW 0 1 waters flowed in and was carried by natural 2 channels and watercourses including Las Trampas Creek , among, 3 through and from the hills , canyons , mountains and other areas 4 to the north of plaintiffs ' property, which natural channels 5 and watercourses did not flow toward, onto or over the property 6 which became plaintiffs ' property, or the steep slope to the i 7 immediate north of plaintiffs ' property and adjacent thereto, 8 24 . As a direct and proximate result of said acts and 9 omissions of defendants BRUZZONE and DOES 1 - 25, inclusive, 10 the waters from such natural channels and watercourses to the 11 north of plaintiffs ' property were increased, collected, 12 diverted and directed onto and over plaintiffs ' property and the 13 steep slope to the immediate north of plaintiffs ' property and 14 adjacent thereto . 15 THIRD CAUSE OF ACTION 16 INVERSE CONDEMNATION 17 25. Plaintiffs reallege and incorporate by reference 18 and adopt as they relate to this cause of action the allegations 19 contained in paragraphs 2, 3, 5, 8 , 9 , 10 , 12, 13 and 19 of 20 this complaint. 21 26 . Plaintiffs are informed and believe and based upon 22 such information and belief allege that at some time prior to 23 March .983 , defendants CITY OF LAFAYETTE, COUNTY OF CONTRA COSTA, 24 CONTRA COSTA FLOOD CONTROL-WATER CONSERVATION DISTRICT and DOES 25 25 - 35, inclusive, deliberately desig-ned and constructed the 26 streets, storm drainage facilities and roads adjacent and surround 27 ing plaintiffs ' property , together with the drainage devices and 28 structures associated with them for public use , and that 6b0 _121 b0 i 2 1 [LETZ t MOLL UU��11 •TT W.(TI ,T LAW I or ,about March. 1983 such improvements operated in the 2 manner intended . 3 27. Such improvements alleged herein and the lack of 4 adequate drainage and runoff facilities were a substantial 5 factor in causing the saturation and the liquefaction of the 6 steep slope immediately adjacent to the north boundary of 7 plaintiffs ' property and into San Trampas Creek which hillside 8 thereupon failed, causing substantial amounts of mud, earth and 9 debris to slide onto and over plaintiffs ' property, destroying and 10 damaging trees and shrubs thereon and inundating plaintiffs ' 11 property with water rendering it unusable. 12 28 . By reason of the matters alleged herein , plaintiffs ' 13 real and personal property have been taken� or damaged for public 14 use in the amount in excess of $350 , 000. 00 15 29 . Plaintiffs have retained attorneys, Alan Matthew Mayer 16 and Harvey M. Kletz to commence and prosecute this action, 17 including this Inverse Condemnation cause of action , and thereby 18 and therefore have incurred and will continue to incur 19 attorney ' s fees, expert witness fees, engineering fees and other 20 litigation expenses in an amount presently unknown; and when such 21 amounts are ascertained, plaintiffs will ask leave to amend this 22 complaint to allege the true amount thereof. �3 24 FOURTH CAUSE OF ACTION 25 NEGLIGENT DESIGN, INSPECTION, GRADING MANAGEMENT AND CONTROL OF STEEP SLOPE 26 30 . Plaintiffs ' reallege and incorporate by reference 27 and adopt as they relate to this cause of action the allegations 28 KLETZ t MOLL 000.22 .r,o•.c•s•, u• I contained in paragraphs 2 , 5 , 8 , 9 , 10 , 13 , 14 , 15 , 16 , 20 and 2 21 of this complaint. 3 31 . Plaintiffs are informed and believe and based upon 4 such information and belief allege that the defendants BRUZZONE 5 and DOES 1 - 25 , inclusive, were responsible for and in fact 6 designed, inspected, graded, managed, maintained and controlled 7 the steep slope adjacent to plaintiffs ' property. 8 32. Plaintiffs are informed and believe an cf'based upon 9 such information and belief allege that .the defendants named in 10 this case of action negligently and improperly designed, inspecte , 11 graded, managed, maintainedand controlled said slope by, among 12 other things , improperly placing or allowing to be placed or 13 allowing to remain on such steep slope improperly compacted 14 debris, earth and fill ; by failing to stabilized such steep slope 15 when it was reasonable to expect and was reasonably foreseeable 16 that water would undercut said slope or be collected, accumulated r7 concentrated, diverted and redirected, and that substantial water 18 would flow over, onto and into such steep slope in such a manner 19 and at such location that it was reasonable to expect and was 20 reasonably foreseeable that the steep slope would become unstable, 21 saturated or liquefy and, as a result, fail and cause substantial 22 amounts of mud, earth and debris to slide onto and over �3 plaintiffs ' property and cause substantial harm to the property 24 and the .person of plaintiffs . Notwithstanding, plaintiffs are 25 informed and believe and based on such information and belief 26 allege that at no time prior to or on or about March 1983 27 did defendants named in this cause of action, or any of them, 28 take any steps to prevent the escape of such material from Ts MOLL AIT00012 o•MZ AT O.• I such defendants ' real property to and upon plaintiffs ' property . 2 33 . By reason of the acts and omissions alleged herein 3 of the defendants , and each of them, to this cause of action, 4 such steep slope failed on March , 1983 , causing 5 substantial amounts of mud, earth and debris to slide onto and 6 over plaintiffs ' property, destroying and damaging trees and 7 shrubs thereon , and inundating plaintiff 's propertv with water 8 and debris rendering it unusable. 9 10 FIFTH CAUSE OF ACTION 11 ESCAPE OF MATERIAL FROM STEEP SLOPE 12 34 . Plaintiffs reallege .and incorporate by reference and 13 adopt as they relate to this cause of action the allegations 14 contained in paragraphs 2, 5, 8 , 9, 10 , 13, 14 , 151, 16, 20, 21, 15 31 , 32 and 33 of this complaint. 16 35. Plaintiffs are informed and believe and based upon 17 such information and belief allege that at some time prior to 18 March 1983 , defendants BRUZZONE and DOES 1 - 25, and 19 each of them, caused or allowed substantial amounts of debris, 20 earth and fill to remain on the steep slope adjacent to and 21 immediately to the north of plaintiffs ' property and, in addition, 22 allowed such steep slope and the debris, earth and fill on such �3 steep slope to collect, impound and become saturated with water. .24 36 . On or about March 1983 , such debris, earth, 25 and fill deposited or allowed to remain on such steep slope, 26 together with the water collected and impounded on and in such 27 28 /// 00024 OLL � 1 steep slope , escaped from the property of defendants named in 2 this cause of action , causing substantial amounts of mud, 3 earth, debris and other material to slide onto and over 4 plaintiffs ' property destroying and damaging plaintiffs ' property . 5 6 SIXTH CAUSE OF ACTION 7 NUISANCE 8 37. Plaintiffs reallege and incorporate by reference and 9 adopt as they relate to this cause of action the allegations 10 contained in paragraphs 2 , 5, 8, 9 , 10, 13, 14 , 15, 16, 20, 11 21 , 31 , 32, 33 , 35 and 36 of this complaint. . 12 38 . Plaintiffs are informed and believe and based upon 13 such information and belief allege that at all times mentioned 14 herein defendants BRUZZONE and DOES _1 - 25, inclusive, and 15 each of them, so designed, .inspected, graded, managed, maintained 16 and controlled the steep slope which abuts the north boundary 17 of plaintiffs ' property so as to interfere with the comfortable 18 enjoyment of life and property thereon and so as to have 19 constituted thereby a nuisance with the meaning of Civil Code 20 Section 3479 to the person and the real property of plaintiffs. 21 39 . On August 23 , 1983, plaintiffs ' attorney; Alan_ 22 Matthew Mayer, sent a letter to defendant RUSSELL J. BRUZZONE �3 (attached and incorporated by reference as Exhibit B) demanding 24 that BRUZZONE take action to repair the damage caused by the slide 25 from his property , and take corrective action to prevent further 26 damage . Defendant BRUZZONE has refused and still refuses to abate 27 and correct the nuisance to plaintiffs. for which he is responsible . 28 XLETZ • MOLL ...�. �,, .. LAW 25 1 40 . The wrongful conduct of defendants BRUZZONE and 2 DOES 1 through 25 , inclusive, unless and until enjoined and 3 restrained by order of this Court, will cause great and 4 irreparable injury to plaintiffs in that earth, water and . 5 other material will continue to flow onto plaintiffs ' property 6 and plaintiffs will be deprived of the quiet and free use and 7 enjoyment of their property due to the material that has already_. - 8 flowed onto their property . 9 41 . Plaintiffs have no adequate remedy at law for the_ 10 injuries herein in that their property is unique and thus 11 pecuniary compensation would not afford adequate relief and 12 plaintiffs will continue to suffer damages with each rainfall , 13 and they would be required to pursue a multiplicity of judicial 14 proceedings for each subsequent act of nuisance and trespass by 15 said defendants. Injunctive relief is expressly authorized by 16 Sections 526 and 731 of the Code of Civil Procedure. 17 18 SEVENTH CAUSE OF ACTION 19 TRESPASS 20 42 . Plaintiffs reallege and incorporate by reference 21 and adopt as they relate to this cause of action the allegations 22 contained in paragraphs 2 , 5, 8 , 9, 10, 1 ,3, 14 , 15, 16 , 20, 23 21, 31 , 32 , 33 , 35, 36 , 39 , 40 , and 41 of this complaint. 24 43 . On or about March 1983 , defendants BRUZZONE 25 and DOES 1 through 25 , inclusive, and each of them, without 26 plaintiffs ' permission or consent wrongfully caused or allowed 27 large quantities of mud , earth, debris . and other materials 28 located in , on and about such defendants ' property to slide, KLE7Z : -12- 000 2 wiT O..(n •rT LAW • 1 inundate and fall upon plaintiffs ' property which was occupied 2 by plaintiffs. 3 4 EIGHTH CAUSE OF ACTION 5 NEGLIGENT VIOLATION OF DUTY IMPOSED BY ORDINANCE 6 44 . Plaintiffs reallege and incorporate by reference 7 the allegations contained in paragraphs 2, 5, 8, 9 , 10 , 13 , 14 , 8 15 , 16 , 20 , 21, 31 , 32 , 33 , 35, 36 , 38 , and 39 of this complaint. 9 45 . Plaintiffs are informed and belie-ve and thereon 10 allege that at all relevent times herein, Contra Costa Ordinance 11 69-59 has been in full force and effect. Section 716-2 . 604 of 12 that Ordinance provides in pertinent part: 13 No person shall grade . . so that dirt, soil, rock, debris or other material washed, eroded 14 or moved from the property by natural or artificial means creates . : . an unlawful 15 encroachment on any other property. . 16 Section 716-2 . 0606 of that Ordinance provides : 17 No person shall obstruct, impede, or interfere with the natural flow of storm waters, whether 18 unconfined upon the surface of the land, within land depressions or natural drainage ways, within 19 unimproved channels or watercourses, or within improved ditches , channels or conduits, except 20 for construction operations permitted by the county . 21 Section 716-8 . 610 of that Ordinance provides: 22 Berms, swales or other devices shall be provided �3 at the top of a cut or fill slopes to prevent surface waters from flowing over or onto and 24 damaging the face of the slope. Special drainage provisions shall be made where a building 25 structure exists within five feet of the top of the slope. 26 27 28 KLETZ t MOLL -13 0001, x1 •TTOw M[Yf AT l.• ))15 COIL[:[ ♦V[41[ 1 Section 716-8 . 612 of that Ordinance provides : 2 The permitee and/or owner shall maintain 3 drainage facilities i-s• -conformance with the requirements of this division , during and after 4 construction . 5 Section 716-8 .1008 of that Ordinance provides : 6 Operations shall be controlled to prevent nuisances to public and private ownerships 7 because of dust, drainage, removal of *natural support of land and structions, encroacnment i 8 noise ano/or vioration. 9 Plaintiffs request that judicial notice be taken of Ordinance 10 69-59 and, in particular , the sections cited herein. 11 46 . Plaintiffs are informed and believe, and thereon 12 allege that defendants BRUZZONE and DOES 1 - 25, inclusive, 13 violated each of the sections of Ordinance 69-59 cited herein 14 by means of : 15 A. Improper grading of said defendants ' property; 16 B. Improper interference with the natural flow of 17 storm waters from the property of said defendants onto 18 plaintiffs ' property; 19 C. Improper failure to provide berms, swales, or 20 other devices to prevent surface waters from flowing over and 21 onto said defendants ' property and onto plaintiffs '_ .property , 22 damaging the face of the slope; �3 D. Improper failure to maintain proper drainage 24 facilities on said defendants ' property; 25 E. Improper failure to prevent nuisances by said 26 defendants to be plaintiffs because of drainage, removal of 27 natural support of land , encroachment, noise and vibration . zs 000128 XLET7. At MOLL -14- .1""-Ev1 .T L.. 1 47 . Plaintiffs are informed and believe and thereon 2 allege that the violations of Ordinance 69-59 by said defendants 3 proximately caused the damages to person and property alleged 4 herein , which the Ordinance was designed to prevent, and which 5 ordinance was adopted to protect the class of persons such as 6 plaintiffs herein . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KL£TZ A MOLL -15- 000129 •T]Ow.(r] AT Lw• SHORT TITLE: CASE NUMBER SIMPSON v. BRUZZONE NINTH CAUSE OF ACTION—General Negllgence Page 16 (pumper) ATTACHMENT TO Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff(name): LESTER L. SIMPSON and HELEN SIMPSON alleges that defendant(name): RUSSELL J. BRUZZONE and, JOAN E. BRUZZONE EaPoesl to 25 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff - on(date): March 1983 2. at(place): 39 Brookdale Court and 899 Hope Lane, Lafayette, California (description of reasons for liability): by developing a fire road, removing vegetation, improperly designing, inspecting, grading, managing, . maintaining the steep slope on defendant' s property at 899 Hope Lane, and improperly placing or allowing to be placed debris, earth, mud and fill on the slope and failing to stabilize the slope, and other acts and omissions It was reasonably foreseeable that, as a result of these acts and omissions , water collected, accumulated, concentrated, and was diverted and directed to flow over and through the slope so that the slope became saturated and liquefied and ultimately it failed. When the slope failed, it was reasonably foreseeable that substantial amounts of mud, earth, debris, fill and other matter slid and flowed onto plaintiff ' s property, causing grave injury to plaintiffs ' property GN-2. Plaintiffs reallege and incorporate by reference the allegations in paragraphs 2 , 5, 8 , 9, 10 , 13 14 , 15, 16 , 20, 21 , 31, 32, 3.3, 35, 36 , 36 and 39 of this complaint. 0001.39 form Approved by lM Judlcul Council of Caldornu Enec,'.'anmry i 1982 CAUSE OF ACTIOM—General Negligene3 CCP 425.12 I Sf+0RI'ThLE: CASE NUMBER SIMPSON v. BRUZZONE r� C� til TENTH17 CAUSE OF ACTION—Premises Liability Page (number) ATTACHMENT TO [Complaint M Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff(name): LESTER L. SIMPSON and HELEN SIMPSON alleges the acts of defendants were the legal(proximate) cause of damages to plaintiff. • On (date): March 1983 plaintiff was Injured on the following premises In the following fashion(description of premises and circumstances of Injury): Defendants BRUZONNE and DOES 1 — 25, inclusive, performed various acts and omissions on and to the proeprty of said defendants and in the management of said property as to create an unreasonable probability of damage to plaintiffs by the diversion and flowing of earth, water and other material from the property of said defendants over and onto the property of plaintiffs, Prem.L-2. Q Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): l Q Does to Prem.L-3. Q Count Two—Wlllluf Failure to Warn [Civil Code section 6461 The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Q Does to Plaintiff, a recreational user, was =an invited guest [Ds paying guest. Prem.L-4. Q Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names) Q Does to a. = The defendant public entity had =actual =constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. Q The condition was created by employees of the defendant public entity. Prem.L-5. a. = Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): Q Does to b. Q The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are l Q described In attachment Prem.L-5.b Q]as follows(names): Prem. L-6 . - Plaintiffs reallege and incorporate by reference the allegations in paragraphs 2, 5, 8, 9,10,13, 14 ,15,16 , 20,21 , 31, 32 , 33 ,35, 36 , 38 and 39 of this complaint. 000131 Form Approved by the Jvd�W Coun g of Caldornia ,t • Illr. .- _ ,�.' ..� , (�. I_'.orn i.-+•; f .- C.. r CC? +:5.12 t .9 10 h 11 r i 12 �. 21 j 9 v .r z ' BROOKDALE 0 zit, �•� :; s I;,, 5 ; � : I , 1 . 7 y • M • ` /V n /IC9 It � 1 w to i, a �t t• / : � "..,r.�,� Z;qt ° ' V, ON !,l• i+.r. i� 's's. �'t� '• �` » )}.1a.. 87 IV ;� • @" ,y/3a 'J o'6 '%r.�•. i NSI , 1 . y ° 20 '^ 14 o •/ w 7 4 s.,I�' • n• t✓ w w ' t R a•.J� G V V Y r • V V CO r xa,o' 0 �xx�$ZS A �u•�ust 23 , 1993 Mr. Russell J. Sruzzone 899 ;lope Lane 'Lafayette, CA 94549 Dear :1r . Dru=zone s I reF•reoent your neighbors , Lee and 1lelen Simpson, at 39 Brookdale Court. You have been aware for some time that your property behind the Simpson residence has slid and obstructed Las Tra^ pas Creek. Unfortunately, you have done nothing to stabilize your property or remove the encroaching soil . You have been on notice of this problem since March of 1983 as is documented by letters from the City of Lafayette . You have not taken any action. At this time I must request that i•nmedlate repair measures be taken so as to avoid damage to the r^lmpsons' property and other properties along Las Trampas Creek. Please contact me immediately or have your insurance carrier contact me so that the proper repairs can be made before the onset of this winter ' s rAins. Thank you for your courtesy and cooperation . ;ery truly yours, ALAN 11. MAYER Amm: se cc: +!r . s tars . Lester Simpson Harvey M. Kletz, Esq, EXHIBIT B 000133 ' a S Iho mai C.•+t a.hl, hfa)a 46chaod F. Holma'% l.J4i/ _ (gin Tl. 0 U.Ne's A.an M. Wdwn A FAYE EXHIBIT B I . March 31, 1983 i I . Russ Bruzzone 899 Hope Lane j Lafayette, CA. 94549 Subject: Hazardous Slide/Erosion Condition - Las Trampas Creek , Lafayette (behind 39 'Brookdale Court) on ADN 234-110-022 , , 8 9 9 •Hope Lane i i Dear Mr. Bruzzone : At the request of homeowners imm.-diately adjacent to your property at the above address, County flood Control and Public Works engineers as well as City administrative and engineering staff performed a field check on March' 30 , 1983 , of imminently dangerous conditions emrinating from your I property that could block 'Las Trampa;: Creek and cause ' neighborhood flooding. It is crucial that you 'cause preventive work to be undertaken as soon as possible to insure this precarious ! land mass does not block 'the free flow of creek water which would expose you 'to extensive liability as the responsible property owner. For your own protection I urge you to immediately identify and. retain appropriate soils engineers and other experienced advisory/construction resources to assist you in mitigating or. securing the above referenced dangerous terrain conditions . The City stands ready to assist you in locating the technical resources you will need to address this matter. eery truly o s, I � , UREEN CASSINGHAM City Manager City of Lafayette MC :gh Icc : Simpson , 39 Brookdale 00034 \ ':'.1 1..\I :\l'1:'I"I'1: ('t llf:l.I:. I..\I�.\l•1-f•I•li. C:, C) 1-., NAME AND ADDRESS OF ATTORNEY: TELEPHONE NO: FOR COURT USE ONLY: TIMOTHY J. RYAN, ESQ. (415) 228-1400 GORDON, DeFRAGA, WATROUS & PEZZAGLIA, INC. 611 Las Juntas , PO BOx 630 , Martinez, CA 94553 ATTORNEY FOR(Name): Defendants and Cross-Complainants, CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD sONERIOR C -BT �7 ��R Ep� &EIFORNIA RECEIVED IN AND FOR THE COUNTY OF CONTRA COSTA PLAINTIFF: LESTER L. SIMPSON and HELEN J. SIMPSON, ` � VS. J. R. OLSSON RUSSELL J. BRUZZONE, et al . , CLERK BOARD OF SUPERVISORS ,.g 5..4.5lYSc CANTRA.:.x.TA CO. �Sfslr.De DfXEkWT: COUNTY OF CONTRA COSTA and CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT , Cross-Complainants , Vs. RUSSELL J. -BRUZZONE, JOAN E. BRUZZONE, CITY OF LAFAYETTE, and DOES 1-20, Cross-Defendants. SUMMONS CROSS-COMPLAINT CASE NUMBER: 251096 NOTICE! You have been sued. The court may decide IAVISO! Listed he sido demandado. EI tribunal puede against you without your being heard unless you respond decidir contra Ud. stn audlencia a menos que Lid. re- within 30 days. Read the Information below. sponda dentro de 30 dias. Lea Is Informacicn que sigue. If you wish to seek the advice of an attorney in this Si Usted desea solicitar el consejo de un abogado en matter, you should do so promptly so that your written este asunto, deberia hacerio inmediatamente, de esta response, if any, may be tiled on time. manera, su respuesta escrita, si hay alguna, puede ser registrada a tiempo. 1. TO THE DEFENDANT: A civil complaint has been filed by the plaintiff against you. If you wish to defend this lawsuit, you must, within 30 days after this summons is served on you, file with this court a written response to the complaint. Unless you do so, your default will be entered on application of the plaintiff, and this court may enter a judgment against you for the relief demanded in the complaint, which could result in garnishment of wages. taking of money or property or other relief requested in the complaint. NOV 4 1983 , , >�� LS M. ALLENDORPH GATED: , . . . . . . . . . . . . . . . . . . Jerk, By Deputy (SEAL) 2. NOTICE TO THE PERSON SERVED: You are served a. M As an individual defendant. b. Q As the person sued under the fictitious name of: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . c. =On behalf of:. . . . . . . . . . . . . . . . . . . . . . . . . . . . Under: = CCP 416.10(Corporation) Q CCP 416.60(Minor) =CCP 416.20(Defunct Corporation) CCP 416.70(incompetent) =CCP 416.40(Association or Partnership) CCP 416.90(Individual) []Other: d. Q By personal delivery on(Date):. . . . . . . . . . . . . . . . . 0 0 013 5 A written response must be in the form prescribed by the California Rules of Court. It must be filed in this court with the proper filing fee and proof of service of a copy on each plaintiff's attorney and on each plaintiff not represented by an attorney. The time when a summons is deemed served on a party may vary depending on the method of service.For example,see CCP 413.10 through 415.50. The word-complaint'includes cross-complaint, 'plaintiff'-includes cross-complainant,"defendant"includes cross-defendant,the singular includes the plural. Form Adopted by Rule 982 (Sea reverse for Proof of Service) Judict.11 Council of CablorNa III1 1 1111 , CCP 412.20.412.70. n NOV 41983 1 TIMOTHY J. RYAN, ESQ. I.fl 01.011, County Clerk GORDON, DeFRAGA, CONTRA COSTA COUNTY 2 WATROUS & PEZZAGLIA, INC. By 1W. ALLUOUWRIH A Professional Corporation 3 611 Las Juntas Street P. 0. Box 630 4 Martinez , California 94553 5 Telephone : (415) 228-1400 6 Attorneys for Defendants & Cross-Complainants , COUNTY OF CONTRA COSTA 7 and CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 LESTER L. SIMPSON and ) 12 HELEN J. SIMPSON, ) 13 Plaintiffs , ) No. 251096 14 V. ) CROSS-COMPLAINT FOR EQUITABLE INDEMNITY 15 RUSSELL J. BRUZZONE, et al . , ) 16 Defendants , ) 17 ) COUNTY OF CONTRA COSTA and ) 18 CONTRA COSTA COUNTY FLOOD ) CONTROL AND WATER CONSERVA- ) 19 TION DISTRICT, ) ) 20 Cross-Complainants , ) 21 Vs . ) 22 RUSSELL J. BRUZZONE, JOAN E. ) BRUZZONE, CITY OF LAFAYETTE, ) 23 and DOES 1-20 , ) 24 Cross-Defendants. ) ) 25 26 00030 GORDON,DEFRAGA,WATROUG AND PEZZAGLIA,INC. A FAOF[iS,ONAL CORIONAiCK P. o. sox aao MANTINCL CALIF. DA553 i 1 Cross-complainants , COUNTY OF CONTRA COSTA and CONTRA 2 COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, and 3 each of them, complain of cross-defendants, RUSSELL J. BRUZZONE-, 4 JOAN E. BRUZZONE, CITY OF LAFAYETTE, AND DOES 1-20 , and each of 5 them, as follows : 6 I 7 The true names and capacities whether individual, corporate, 8 associate, or otherwise of cross-defendants , sued herein as DOES 1 9 through 20, inclusive, are unknown to cross-complainants who there- 10 fore sue said cross-defendants , and each of them, by such fictitiou 11 names and cross-complainants will amend this cross-complaint to 12 show their true names and capacities when the same have been as- 13 certained. 14 I I 15 Cross-complainants are informed and believe and thereon 16 allege that each of the cross-defendants designated herein as DOE 17 is responsible in some manner for the events and happenings herein 18 referred to and thereby owes a duty of indemnification or equitable 19 contribution to cross-complainants as herein alleged. 20 III 21 Cross-complainant, COUNTY OF CONTRA COSTA, is and at all 22 times herein mentioned was a public entity and political subdivisio 23 of the State of California duly organized and existing pursuant to 24 the laws of the State of California. 25 26 GORDON DEfRAGA WATflOUS 00037 AND PEZZAGLIA,INC. A FROFEpIGNAL COM"MATIGR P. o. Box BBo MARTINEZ. CALIF. 04553 -2- 'Z' I IV 2 Cross-complainant, CONTRA COSTA COUNTY FLOOD CONTROL AND 3 WATER CONSERVATION DISTRICT, is and at all times herein mentioned 4 was a public entity and political subdivision of the State of 5 California duly organized and existing pursuant to the laws of the 6 State of California. r V 8 cross-defendants , RUSSELL J. BRUZZONE and JOAN E. BRUZZONE 9 are and at all times herein mentioned, were residents of the City 10 of Lafayette within the County of Contra Costa, State of California. 11 VI 12 Cross-defendant, CITY OF LAFAYETTE, is and at all times 13 herein mentioned was a public entity and political subdivision of 14 the State of California duly organized and existing pursuant to the 15 laws of the State of California. 16 VII 17 Cross-complainants are informed and believe and thereon 18 allege that at all times herein mentioned, cross-defendants, and 19 ` each of them, were the agents and employees of each of the remaining 20 cross-defendants and acting in the course and scope of said agency 21 and employment. 22 VIII 23 On September 2, 1983 , LESTER L. SIMPSON and HELEN J. 24 SIMPSON, hereinafter referred to as "plaintiffs , " filed their 25 complaint for damages in Action No. 251096 in the above-entitled 26 court alleging certain liabilities on the part of these answering GORDON.OEFRAGA,WATROUS AND PEZZAGLIA.INC. A FAOF({SIONAL CORDO-ATION MA gTIN E2. CALIF. 94553 ' 3- • r 1 defendants and cross-complainants . Said liabilities being expressly 2 denied by the answer filed on behalf of these defendants and cross- 3 complainants to said complaint, but that in the event that these 4 answering defendants and cross-complainants are held liable to 5 plaintiffs , such liability will be the result of and caused solely 6 by the negligence, carelessness, acts and omissions of cross- 7 defendants , and each of them, and not upon the passive or vicarious 8 liability, carelessness, act or omission of these answering defen- 9 dants and cross-complainants. Without admitting any of the allega- 10 tions contained therein, cross-complainants incorporate herein, by 11 reference , the entire complaint of plaintiffs on file herein. 12 IX 13 Should plaintiffs establish liability on the part of 14 these cross-complainants, or either of them, which liability is 15 expressly denied, cross-complainants are informed and believe and 16 thereon allege that they may be obligated to pay sums representing 17 a percentage of liability, not cross-complainants own, but rather 18 that of cross-defendants and each of them. Therefore, cross- 19 complainants hereby request an adjudication and determination of 20 their respective degrees of liability, if any, on their part and on 21 the part of cross-defendants , and each of them, so as to determine 22 that portion of the amount, if any, by which each cross-complainant 23 is liable to plaintiff and which actually represents the propor- 24 tionate degree of fault of cross-defendants , and each of them. 25 X 26 A determination of the proportionate degree of liability GOROON.OEFHAGA.WATROU5 (� AND PEZZAGLIA,INC. U V 01 .PROPEGPIONAL CORPORATION P. o. sox 630 MARTINEZ. CALIF. OAOO] ::R.IA00 1 if any , of cross-complainants , and each of them, on the one hand, 2 and cross-defendants , and each of them, on the other hand, is 3 necessary to protect the rights of cross-complainants against 4 cross-defendants, and each of them. 5 WHEREFORE these cross-complainants, and each of them, 6 pray for judgment as follows : 7 1) For indemnification from and against any and all 8 claims, losses, damages, attorneys ' fees, judgments and settlement 9 expenses incurred or to be incurred by cross-complainants by reason 10 of the complaint of plaintiffs in this action; 11 2) For a separate declaration of the respective degrees 12 and percentage of fault or liability, if any, of cross-complainants 13 on the one hand, and cross-defendants , and each of them, on the 14 other hand; 15 3) For costs of suit incurred herein; and 16 4) For such other and further relief as the court may . 17 deem proper. 18 DATED: November :�I, 1983 19 GORDON, RA , A ROUS & P L C. 20 21 BY: N 22 23 24 25 26 GORDON.OEFRAGA INATROUS AND PEIIAGEIA INC. 000-14 iNr lrON P. 0. So$630 O 0®�4 ^ MARTINEZ. CALIr. 94953 _fl1100 PROOF OF SERVICE BY MAIL — CCP 1013c, 2015.5 I I declare that: 2 1 am (XYEK"K6f/employed in) the county of...............Contra....Cost.a........... .. .................... ................... California. COL IN TN WHt iPF NIA Ia[%I-- (', cL I 4?F D5 3 1 am over the age of eighteen years and not a party to the within cause; my (business/residence) address is: ........................ 4 .6.11...Las....Juntas....S.t...,....Mart!nez.,....CA.......9.A.55.3............................................................................................... 5 On .......Novpamb.er..,6,�., -1-98-3.................... I served the within .....CROS.S:7.COMPLA-INT...FOR.............................. 6 EQU-ITABLE.—INDEMNITY............................................. on the ..attorneys....of...record...hex.e.in............. 7 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 8 United States moil at ..........Marti-nez.,....CA.............................................................................................. addressed as follows: 9 ALAN M. MAYER 880 Las Gallinas 10 San Rafael , CA 94903-1053 11 HARVEY M. KLETZ KLETZ & MOLL 12 5315 College Avenue Oakland, CA 94618 13 RODERICK D. JONES 14 ARCHER & MCCOMAS 1299 Newell Hill Place 15 Suite 300 P. 0. Box 8035 16 Walnut Creek, CA 94596 17 GARY M. LEPPER GIBBONS , STODDARD, 18 LEPPER & FALCO 1601 N. California blvd. 19 Walnut Creek, CA 94596 20 21 22 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on November 1983 24 ... --............. ........... ..............—.................I at .... ......Martinez..................................................... California. 'PL ACI 25 26 JUDY. FISHER..................... ........... ...................................... 11.�I I)R"ININ r N."� (.1154-INATURr 0001-41 0 !S L5 Ur1GARY M. LEPPER GEORGE W. PFEIFFER 2 STODDARD, LEPPER & FALCO 1601 N. California Blvd. ��� ��83 3 Walnut Creek , CA 94596 (415) 932-3600 4 CONIT.R (X%`TA COUNT Attorneys for Defendant , By 5 Cross-Defendant , and Cross- Complainant CITY OF LAFAYETTE 6 7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 8 LESTER L. SIMPSON, et al . , NO. 251096 9 Plaintiffs , CROSS-COMPLAINT FOR 10 DECLARATORY RELIEF AND Vs . INDEMNITY 11 COUNTY OF CONTRA COSTA, 12 et al . , 13 Defendants . 14 CITY OF LAFAYETTE, 15 Cross-Complainant, 16 VS . 17 COUNTY OF CONTRA COSTA, CONTRA 18 COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, 19 RUSSELL J. BRUZZONE , JOAN E . BRUZZONE , and DOES 36 - 50 , 20 INCLUSIVE , 21 Cross-Defendants . 22 AND RELATED CROSS-ACTIONS . 23 24 Defendant , cross-defendant , and cross-complainant 25 City of Lafayette (hereinafter referred to as "cross-complainant" ) 26 alleges : 000142 1 FIRST CAUSE OF ACTION 2 1 . 3 At all times herein mentioned, cross-defendants , and 4 each of them, had the true names, identities and capacities as - s alleged by plaintiffs in their Complaint; said Complaint is , by 6 this reference , incorporated herein as if set forth in full , 7 with said incorporation being for the purpose of pleading 8 this Cross-Complaint only and , by so doing , cross-complainant 9 does not admit the truth of any allegations of said Complaint 10 and expressly denies anyliability thereunder . 11 2 12 Cross-complainant is ignorant of the true names , 13 identities and capacities , whether corporate , partnership, 14 associate, individual or otherwise , of cross-defendants DOES 15 36 - 50 , inclusive , and therefore sues said cross-defendants by 16 such fictitious names . Cross-complainant will seek leave of 17 court , if necessary, to insert the true names , identities and 18 capacities of the fictitiously-named cross-defendants when the 19 same have been ascertained_ Cross-complainant is informed and 20 believes and thereupon alleges that each of the cross-defendants 21 who are sued herein by their fictitious names are responsible -22 in some manner for the events and matters hereinafter referred 23 to , and they are obligated to indemnify cross-complainant 24 herein, or to contribute to any judgment rendered against cross- 25 complainant. 26 000143 -2- 1 3 . 2 Cross-complainant alleges that at all times herein 3 mentioned , each of the cross-defendants was the agent and 4 employee of the remaining .cross-defendants and each of said 5 cross-defendants was acting within the scope and purpose of 6 said agency and employment. i 7 q _ 8 This Cross-Complaint relates to the property damage 9 and other damage alleged by plaintiffs in their Complaint. 10 Cross-complainant alleges that should it have any responsibility 11 or liability for plaintiffs ' damages by virtue of the allegations 12 contained in their Complaint, said liability and responsibility 13 are shared by the cross-defendants , and each of them. 14 5 15 Cross-defendants , and each of them, contributed to 16 plaintiffs ' damages , if any, in a manner including , but not 17 limited to , their active negligence or contractual or other 18 legal fault as specified in plaintiffs ' Complaint . Cross- 19 defendants , and each of them, knew or should have known, that 20 as a result of their conduct, plaintiffs might sustain damages . 21 6 22 The events and matters referred to by plaintiffs 23 in their Complaint were proximately caused and contributed to 24 by the negligence and carelessness of cross-defendants, and 25 each of them as heretofore described. 26 000. 41 -3- 1 7 . 2 Cross-complainant alleges that insofar as the conduct 3 of cross-defendants, and each of them, is determined to have 4 been a proximate cause of the injuries and damages alleged by 5 plaintiff, then these defendants and cross-complainant are 6 entitled to partial or complete indemnity from those cross- 7 defendants , and each of them, on a comparative fault basis in 8 an amount equal to the percentage of the verdict or judgment 9 which is proportionate to the contributing negligent conduct 10 o.r• fault on the part of cross-defendants, and each of them. 11 WHEREFORE, cross-complainant prays for judgment as 12 hereinafter set forth. 13 SECOND CAUSE OF ACTION 14 1 . 15 Cross-complainant refers to Paragraphs 1 - 7 , 16 inclusive, of the First Cause of Action of the Cross-Complaint 17 and incorporates them herein by reference. 18 2 19 Cross-complainant may have to bear a loss which , in 20 equity, it should not be faced with by virtue of the conduct 21 of cross-defendants, and each of them,, if , in factf the allega- 22 tions of plaintiffs ' Complaint and the allegations of Cross- 23 Complaint are found to be true. 24 3 . 25 A dispute has arisen and an actual controversy 26 exists between cross-complainant and cross-defendants herein, 000145 -4- 1 and each of them, concerning the respective rights , duties 2 and obligations of the cross-defendants , and each of them, 3 to partially indemnify cross-complainant for any verdict or 4 judgment rendered against cross-complainant. Cross-complainant- 5 requests a declaration of the rights and duties of cross- 6 defendants, and each of them, to this Cross-Complaint. 7 4 . 8 Insofar as the conduct of cross-defendants , and each 9 of them, is determined to have been a proximate cause of the 10 injuries and damages alleged by plaintiffs , then cross- 11 complainant is entitled to a declaration that it be indemnified 12 by cross-defendants , and each of them, in an amount equal to the 13 amount in which its conduct or fault contributed to plaintiffs ' 14 injuries or damages , and in an amount which is proportionate 15 and allocable to cross-defendants ' respective allocable fault. 16 5 17 Cross-complainant is informed and believes , and 18 based upon such information and belief , alleges that the cross- 19 defendants , and each of them, deny any breach of legal or 20 equitable duty by them and further deny, by implication, that 21 they should indemnify cross-complainant on the basis of their 22 comparative responsibility for any judgment rendered in favor 23 of plaintiffs against cross-complainant herein. 24 WHEREFORE, defendant, cross-defendant, and cross- 25 complainant City of Lafayette prays for judgment against cross- 26 defendants as follows : 000L -5- 1 1. That in the event it is determined in this 2 action that there is any sum due from cross-complainant to 3 plaintiffs , then , and in that event , the Court determine and 4 adjudge that cross-defendants indemnify from and against that 5 amount of the judgment awarded to plaintiffs in proportion to 6 the negligence and/or fault attributable to the cross-defendants 7 and , further, that cross-complainant only be held liable for 8 that amount of negligence and/orfault attributable to the cross- 9 defendants and, further , that cross-complainant only be held 10 liable for that amount of negligence and/or fault which the 11 trier of fact attributes to .it; 12 2 . That the Court determine and declare the 13 rights , duties and obligations of the parties to this matter 14 under and by virtue of the facts , matters , happenings and events 15 comprising the transaction or transactions involved in the 16 Complaint and Cross-Complaint on file herein; 17 3 . For attorneys ' fees and costs incurred and 18 spent to date in the defense of this action, according to proof; 19 4 . For costs of suit herein incurred; and 41 •• 20 5 . For such other and further relief as the 21 Court deems proper. 22 DATED: November 10 1983 . 23 STODDARD, LEPPER & FALCO 24 25 B - Y 26 G f GE W. PFEIFFER, Attorney for ondant, Cross-Defendant, and Cr s-Complainant CITY OF LAFAYETTE 000147 r 1 PROOF OF SERVICE DY MAIL 2 STATE OF CALIFORNIA ) s s. 3 COUNTY OF CONTRA COSTA ) 4 I am a citizen of the United States and a resident of the County of Contra Costa. I am over the age of eighteen (18) years 5 and not a party to the within action. My business address is 6 1601 North California Boulevard, Walnut Creek, California 94596. 7 On the date set forth below, I served the within 8 CROSS-COMPLAINT FOR DECLARATORY RELIEF AND i 9 INDEMNITY 10 by placing a true copy thereof, enclosed in a sealed envelope 11 with postage thereon fully prepaid, in the United States Post Office, at Walnut Creek, California, addressed as follows: 12 Alan Matthew Mayer , Esq . ATTORNEY AT LAW 13 880 Las Gallinas San Rafael, CA 94903 14 _ Harvey M. Kletz , Esq . 15 KLETZ & MOLL 5315 College Avenue 16 Oakland, CA 94618 17 Timothy Ryan, Esq. GORDON , DeFRAGA, WATROUS 18 & PEZZAGLIA, INC . 611 Las Juntas , Box 630 19 Martinez , CA 94553 20 21 22 I declare under penalty of perjury that the foregoing is 23 true and correct, 24 Executed on November /0 1983 , at Walnut Creek California. 25 / 26 , GRACE H. PASION 80NS, STODOARO. EPPER & FALCO .1110X11['1:1'.::1 • r(�, mll 1J.111 CJ..f01'._.O 000 0 1 48 i 1.'1111 .;F[:• :;t A