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HomeMy WebLinkAboutMINUTES - 05011984 - 1.19 Board Action : I • / May 1 , 1984 BOARD OF SUPffiNI9QtS Cr CONTN't Coffm COURT Y, CALIFORM Claim Against the County, or District ) w71'ICS TD CIAnvm governed by the Board of Supervisors, ) The Copy s t ma ed to You is Your Routing Indorsements, and Board ) notice of the action taken on SEby the Action. All Section references are ) Board of Supervisors (Paragraph IV, to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all 'Warnings'. Claimant: Michael Ku n i c k County COUnsei Attorney: Larry F . Hol dri ch P.9AR 2 7 5069 Appian Way, 1984 Address: El S o b r a n t e , CA 94803 Martinez, CA 94553 I Amount: $20, 000. 00 By delivery to clerk on Date Received: March 26, 1984 By mail, postmareked i e Mar . 26 , 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 26 , 1984 J.R. OESSON, Clerk, By / , Deputy Helen Marino II. FROM: County Counsel M: Clerk of the Board of Supervisors (Check only one) ( ) This claim Complies substantially with Sections 910 and 910.2. ( This claim FAILS to Comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Zeputy County Counsel III. FROM: Clerk of the Board TO: (1) Cot9ty Counsel, (2) County Administrator ( ) Claim was.returned as untimely with notice to claimant (Section 911.3). IV. BOARD [t By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) Other: I certify that this is a true and Correct copy of the Board's Order entered in iis minutes for this date. en i DuBois . Dated: 5-1-84 J. R. C>L.SSON, Clerk, By �, ,1 � , Deputy Clerk MUNI G (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date t h i s notice was personally served or deposited in the mail .to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of yom choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board T0: (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 mew thereof has been filed and endorsed on the Board's Copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 5-1-84 J. R. OLSSON, Clerk, By . Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 44 CLAIM i 'p CLAIM AGAINST CONTRA COSTA COUNTY a. Name and address of Claimant: MICHAEL KUNICK, 127 California St. , Rodeo, CA 94572 b. Send all notices to: LARRY F. HOLDRICH, Attorney at Law, 415/223-5842, 5069 Appian Way, E1 Sobrante, California 94803 c. Date of occurrence: March 18, 1984 Place of occurrence: In front of 127 California St. , Rodeo, CA. d. Circumstances of occurrence: A negligently operated Sheriff' s- vehicle heriff' svehicle struck the rear of the vehicle driven by Claimant. RECEIVED MAR V,i 1984 J. R. OLS" BOARD OF SUPERVISORS C TRA e. General description of injury, damage or loss incurred: Concussion, bruises, pain and suffering. f. Amount of claim and basis of computation: $20, 000. 00. Medicals are not complete as of this writing, nor has the wage loss been fully determined. Dated: March 22, 1984 B LAR F. H0LDRICH Receipt of the above Claim is hereby acknowledged this day o 00 145 91 Board Action : CUUM May 1 , 1984 BOARD OF SOPER719M OF COlPIZ?A COSM CODR1'Y, CALIF09NIA Claim Against the County, or District ) NMI CS TO C[AINW governed by the Hoard of Supervisors, ) The appyof s t ma ed to you is your pouting Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph IV, bele), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all 'Warnings'. Claimant: Town of Danville COunry Counsel Attorney: Capps , Staples , Ward , Hastings & Dodson MAR 2 8 1984 Address: 1280 Boulevard Way, Suite 204 Martinez, CA 94553 P . O . -Bax 5607 , Walnut Creek , CA 94596 Amount. $15 ,000. By delivery to clerk cN a r c h 28, 1984 Date Received a r c h 28, 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. March 28, 1984 ,D Dated: J.R. OLSSON, Clerk, By 1 akk-,.4 Deputy II. Fill: County Counsel T0: Clerk of the Board of Supero sors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: _ — By: Deputy County Counsel III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's order entered In its minutes for this date. eeni uBois Dated: 5-1-84 J. R. OLSSON, Clerk, By:�O, e , Deputy Clerk fiesta= (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board T0: (1) Canty Counsel, (2) Canty Administrator We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 5-1-84 J. R. MS". Clerk, By . _ , Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 46 CLAIM County of Contra Costa RECEIVED c/o County Clerk County Courthouse 14AR A&r 1984 Martinez , California 94553 J. R. OLSSON CLERK BOARD Of SU►ERVISO!$ RA TA Co. CLAIM FOR EQUITABLE INDEMNITY OR PARTIAL - • a. Name and post office address of claimant : Town of Danville 542 San Ramon Boulevard Danville, CA 94526 b. Name and post office address to which the person representing the claimant desires notices to be sent: CAPPS, STAPLES, WARD, HASTINGS & DODSON Attention : D. JEAN HASTINGS 1280 Boulevard Way, Suite 204 P.O. Box 5607 Walnut Creek, CA 94596 C. The date, place and other circumstances to the occurrence or transaction which give rise to the claim asserted: On or about December 22 , 1983 , claimant was served with Summons and Complaint wherein Nell Cox was plaintiff and the Town of Danville was defendant sued as Doe II, Action No. C31664 in the Municipal Court of the Walnut Creek-Danville Judicial District, in and for the County of Contra Costa, State of California. Said Complaint alleges that on November 30 , 1982 and December 22 , 1982 the property at 200 Jewell Terrace, Danville, California, was flooded, causing property damage to the plaintiff. That Complaint further alleged that defendants negligently designed, constructed, installed, maintained, repaired, and failed to make needed repairs, improvements , and modifications in the water/sewer drainage system abutting 200 Jewell Terrace. Named as defendants in that Complaint are G&H Enterprises, Contra Costa County and Does 1 through 30 . Said Complaint alleges that plaintiff filed a claim against the public entities named therein within one hundred (100) days of the damage which was never answered, acted upon, or specifically rejected. The Complaint seeks relief in the amount of Fifteen Thousand Dollars ($15 ,000) for loss of personal property. d. Plaintiff claims property damage which caused "Thousands of dollars in property damage to plaintiff" to the Municipal Court jurisdiction of $15 ,000. On 47 -1- This claimant, as defendant in this action, denies liability to plaintiff; however, should plaintiff _ prevail against the Town of Danville, the flown of Danville would be entitled to equitable indemnity or partial equitable indemnity from the County of Contra Costa. e . The amount claimed as of the date of presentation of this claim other than as stated above. These claimants have no substantial information other than that stated in the plaintiff 's Complaint to base a present evaluation. Claimant hereby tenders its defense in this lawsuit to the County of Contra Costa and requests that it be indemnified and that its costs of defense, including, but not limited to, attorney' s fees and court costs be assumed by the County of Contra Costa. Respectfully submitted, CAPPS, STAPLES, WARD, HASTINGS & DODSON BY b, . $4 L . . . D. 7AN HASTINGS -a- 00 48 Board Action : May 1 , 1984 CLRIK Claim Against the Cbtmty, cr District ) "MCC TO CLRDSW governed by the Board of supervisors, ) The copyof s t ma led to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the . Action. All Section references are ) Board of Supervisors (Paragraph W, belm), to California Government Codes ) given pursuant to goverment Code Section 913 Claimant: Ernest Barone and 915.4. Please note all wWarnings'.County Counsel Attorney: Robert Buckley, Esq . IIAR 2 8 1984 Address: 2258 Third Street Martinet, CA 94553 Livermore , CA 94550 iMarch 27 , 1984 Amount: Unspecified By delivery to clerk on Date Receive&r c h 27 , 1984 By mail, postmarked on I. FRCM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Q Dated: March 27 , 1984 J.R. 0[SSON, Clerk, By /. c tY Helen P . Marino II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ` By: Deputy County Counsel III. FROM: Clerk of the Board 70: (1) Countbu nsel, (2) County Administrator ( ) Claim was returned ,as untimely with notice to claimant (Section 911.3). W. BOARD By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Ree DuBois Dated: 5-1-84 J. R. OSSON, Clerk, By e„/ >o , Deputy Clerk MING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a mem thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 5-1-84 J. R. MSSON, Clerk, By, . Deputy Clerk cc: County Administrator (1) County Counsel (2) OQ 49 CLAIM 1 ROBERT BUCKLEY , ESQ. 2258 Third Street LE CEIVED 2 Livermore , California 94550 (415 ) 443-7080 � 3 �7 1984 4 Attorney for Claimant R, OLSSON RD OF SuptWISO A GO5 _ .0 6 7 8 COUNTY OF CONTRA COSTA , STATE OF CALIFORNIA 9 10 11 ERNEST BARONE , ) 12 Claimant , ) CLAIM AGAINST A PUBLIC ENTITY 13 vs . ) 14 COUNTY OF CONTRA COSTA , ) 15 Defendant . ) 16 17 TO THE BOARD OF SUPERVISORS FOR THE COUNTY OF CONTRA COSTA , 18 STATE OF CALIFORNIA : 19 ERNEST BARONE hereby makes claim against the COUNTY OF 20 CONTRA COSTA , STATE OF CALIFORNIA for special and general 21 damages resulting from the COUNTY ' s negligence , and makes the 22 following statements in support of his claim: 23 1 . Claimant ' s post office address is 24 Mr. Ernest Barone c/o ROBERT BUCKLEY , ESQ. 25 2258 Third Street Livermore , California 94550 26 27 2 . Notices concerning the claim should be sent to the 28 above address . 00 50 1 3 . The date and place of the occurrence giving rise to 2 the claim are December 25 , 1983 , and the front sidewalk near the 3 property line of 11 Kingston Road and 13 Kingston Road , Kensing- 4 ton , County of Contra Costa , State of California . 5 4 . The circumstatnces giving rise to this claim are as 6 follows : at the above time and place , claimant was walking in a 7 careful manner on said sidewalk and slipped or tripped and fell 8 suffering serious injury . He is informed and believes that the 9 accident was the result of improper maintenance of the sidewalk , 10 and the fact that the sidewalk is painted , in violation of county 11 ordinance. He alleges that the COUNTY is negligent with respect 12 to its duty to inspect and enforce proper maintenance by adjacent 13 property owners . 14 5 . Claimant sufferred substantial injury to his leg , and 15 has undergone extensive surgery to repair the damage to his leg . 16 In addition , claimant lost wages because he was unable to attend 17 to his employment , and suffered intense emotional distress . 18 6 . The names of the public employees causing the claim- 19 ant ' s injuries are unknown . 20 7 . The amount of the claim, as of this date , has not 21 been determined , and will be supplied when said amount is known . 22 It is anticipated that the claim will include future damages . 23 Dated : March 27 , 1984 . 24 25 26 ROBERT BUCKLEY Attorney for Claimant 27 28 QQ �� 2 - 1 PROOF OF SERVICE 2 3 I , ROBERT BUCKLEY , declare that : 4 I am, and at all times herein mentioned have been , an 5 active member of the State Bar of California , and not a party to 6 the within action . My office address and phone number are : 7 2258 Third Street , Livermore , California 94550 , and (415 ) 443- 8 7080 . 9 On March 27 , 1984 I fi-led the attached CLAIM AGAINST A 10 PUBLIC ENTITY by hand delivering it to the Clerk for the Board 11 of Supervisors for the County of Contra Costa , State of Califor- 12 nia , at his office located on the first floor of the County 13 Administration Building , Martinez , California . 14 I declare under penalty of perjury that the foregoing 15 is true and correct and that this declaration is executed at 16 Martinez , California on March 27 , 1984 . 17 18 19 � ROBERT BUCKLEY 20 21 22 23 24 25 26 27 28 00 E;2 Board Action : C=AIIK . BOARD Cr SUPEWISCPS OF CORM COSTA COMMe May 1 , 1984 Claim Against the C xmty, cc District ) NNICE TO CLNDS xr governed by the Board of Supervisors, ) The copyof s t ma led to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 Claimant: Evelyn Ella Ellison and 915.4. Please note all 'Warnings". County Counsel Attorney: 3377 South Lucille Lane MAR :t Q 1984 Andress: Lafayette , CA 94549 $1 0 0 ,0 0 0 . 0 0 Martinez, CA 94553 pint; By delivery to clerk on March 30, 1984 March 27 , 1984 Date Received: By mail, postmarked on I. FRONT: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. March 30 , 1984 -j4tC�„� P ` Dated: J.R. C)CSSON, Clerk, By ,ty Helen F . marinu II. F": County Counsel TO: Clerk of the Board of Supervisors (Check only one) (7/1- This claim oomplies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6) . ( ) 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: G�lt�i Deputy County Counsel III. FRONT: Clerk of the Board T0: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) other: I certify that this is a true and correct copy of the Board's order entered in its minutes for this date. ReeniBo ' Dated: 5-1-84 J. R. CB.SSON, Clerk, By. 'o . Deputy Clerk NkMI!1G (Gov. Code Section 913) Subject to certain ezoeptions# you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 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 mem thereof has been filed and endorsed on the Board's oopy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 5-1-84 J. R. C E SSON, Clerk, By , Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 r 3 CLAIM �. i CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions t:o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) . C. If claim is against a district .governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public ent _ty, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps . ��'J°``' � RECEIVED Against the COUNTY OF CONTRA COSTA) 14AR -5o 984 L i ) or --'' 1 DISTRICT) J. I. oLSSAN CLERK 14ARp QF 6WREOV160% (Fill in name) C IW4A TA rQ 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: ------ - - -- - --------------------------------------------- 1. Wh-en--d-id-th-e-d-amage------or--injury occur? (Give exact date and hour) -----------T------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) X 377 oeccz s A�,jaelle -------------------------------------------------------- -------- d 3. How did the amage or injury occur? (Give full details, use extra sheets if required) !�•r✓�- � .r<iao,�� o� .C,evp. kra7�G �uJto fszo.-s 1_4w0 A4,,0* s7/TCfi/ !V//icsi O!/f.G�'rp�d�.0l�oc Pavt/�...f'�; .�t/n.dJ�3r1o..� !/ ice«moo �ti1r ,,yr O:1w ✓ec., .s4fu�� .lfi�r� ,X140,-✓� ------ ------------------------------------------- 4. Wh-at--particular------------act----or---o-mission on the part of county or district officers, servants or employees caused the injury or damage? Q/EfwC�GP�I/C O,V ,ti L ./•©vii./G o.c / �ia�vs .�.Cip e✓ iiv ..�tO.f 7' L 1 Y 54 04c,1N fic. O� -futs> 41V,,O 77vn/.T Fi 44,. ,c_e ob re /o"e; /(over) t5. ,-,.!Ohat are the names of county or district officers, servants or employees causing the damage or injury? - - - ------ -- -------------------------------------------------- - ---- .--W-h-at-damage-or-injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) ��� .y�S 6� s�>`�o DFS �u.vo9-nv-✓. sZ�S f[e,� �cs.vOsD.ofi,Bf4.O � `�Q?Os.✓6 �s�1�/i.✓Q-D��sfo�fe. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) - ----- --- --------- -- ---------- ------- --- ---------- - .--Names-and-addresses-of-witnesses,-doctors-and-hospitals.------------- ------------------------------------------------------------------------- 9. List the expenditures you Trade on account of this accident or injury: DATE ITEM AMOUNT /(/ONC' r� ��r� �%cl.�TiNC �t►ils ��„�ecc.J �t�cvrr'� ************************************************************************** Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some erson pn Ills behalf. " Name and Address of Attorney man ig e w A dress Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who,, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 00 55 Board Action : CLAM May 1 , 1984 BOARD OF 9MWW--1 CP CCIVM C109M CDMMt CRLIIKIRNIA Claim Against the Canty, or District ) WMCE TO CLAINA STP governed by the Hoard of supervisors, ) The copy led to you is your Routing M-4orseoents, 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 Dame ' Construction Company ,m pma A 911.n c. Please note all "Warnings�, Claimant: County Counsel Attorney: Bishop , Barry , Howe & Reid G . Kelley Reid , Jr . & Fredric W . Trester fAR 2 81984 Address: 220 Bush Street, Suite 350 Martinet. CA 94553 San .Francisco , CA 94104 Amount: Unspecified , By delivery to clerk on By March 27 , 1984 Date Received: March 28, 19 8 4 mail, postmarked on Certified No . P21 I.. FRCM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 1^ Dated: March 28, 1984 J.R. OLSSON, Clerk, By -�5(Le--x-) Deputy II. FRCM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) ( This claim complies substantially with. Sections 910 and 910.2. (, ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk o the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). W. BOARD By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's order entered n is minutes for this date. Reeni DuBois. Dated: 5-1-84 J. R. CLSSON, Clerk, By , Deputy Clerk cam MNG (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of ywr choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) Canty Counsel, (2) County Administrator 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. DATED: 5-1-84 J. R. C1L WM, Clerk, By , Deputy clerk cc: County Administrator (1) County Counsel (2) 00 ; CLAIM 1 BISHOP, BARRY, HOWE & REID _- G. KELLEY REID, JR. , ESQ. RECEIV13D 2 FREDRIC W. TRESTER, ESQ. 220 Bush Street, Suite 350 3 San Francisco, California J 94104 MAR �S$: Telephone: (415) 421-8550 Attorneys for Cross-Defendant oEN 80AV OF SU U S 5 RIFFE , PETERS & JONESt�:,�.. : as.: : ti 11 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA i IN AND FOR THE COUNTY OF CONTRA COSTA 10 CLIFF HICKEY, et al. , 11 Plaintiffs, NO. 232 266 12 i vs. 13 DAME' CONSTRUCTION COMPANY, INC. , et al. , 14 Defendants. 15 / 16 DAME ' CONSTRUCTION COMPANY, INC. , 17 Cross-complainant, 18 VS. 19 � GRIBALDO, JONES & ASSOCIATES; 20 GRIBALDO, JACOBS, JONES & i ASSOCIATES; MYRON JACOBS; 21 DANIEL J. RHOADES; RIFFE, SHIPHERD & JONES, INC. ; 22 RIFFE, PETERS & JONES; NORMAN T. RIFFE; JOHN S. 23 PETERS; ELWOOD G. JONES; REDGWICR & BANKE, INC. ; 24 REDGWICR CONSTRUCTION COMPANY; RICHARD R. YACRLEY, INC. ; 25 RICHARD R. YACRLEY; GARY JUSTICE; COUNTY OF CONTRA 26 COSTA; CONTRA COSTA COUNTY 00 57 I FLOOD CONTROL & WATER CONSERVATION DISTRICT; and 2 ROES I through XXX, inclusive, 3 Cross-defendants. 4 In the Matter of the Claim of: 5 RIFFE, PETERS 5 JONES , 6 Claimant, 7 I �s. 8 COUNTY OF CONTRA COSTA, 9 Respondent. 10 / 11 TO: THE COUNTY OF CONTRA COSTA: F 12 YOU ARE HEREBY NOTIFIED that RIFFS, PETERS & JONES, claims 13 equitable indemnity from the COUNTY OF CONTRA COSTA, for any 14 amounts obtained by cross-complainant, DAME' CONSTRUCTION COMPANY, 15 INC. , or from , any other party, from RIFFE, PETERS & JONES, in 16 the action entitled, Cliff Hickey, et al. , plaintiffs, vs. Dame' i 17 Construction Company, Inc. , et al. , defendants, Action Number 18 232 266 , filed in the Superior Court of Contra Costa County of 19 the State of California. 20 This claim is based on the Cross--Complaint for Indemnity 21 . and Declaration of Rights, and the First Amended Cross-Complaint 22 for Indemnity and Declaration of Rights, filed by Dame' Construction 23 Company, Inc. , on or about January 3 , 1983 and March 2, 1984, 24 respectively. Dame' Construction Company, Inc. ' s Cross-Complaint 25 was served upon Riffe, Peters & Jones on or after January 18 , 26 1984 , and their First Amended Cross-Complaint for Indemnity and -2- 00 58 ii it I Declaration of Rights was served on Riffe, Peters & Jones on _ 2 March 2, 1984 . The First Amended Cross-Complaint for Indemnity 3 and Declaration of Rights is attached hereto as Exhibit "A" and 4 incorporated herein by reference for illustrative purposes only. 5 ' Cross-complainant, Dame' Construction Company, Inc. , have 6 i played in the above-referenced action: 7 l 1. For an order and declaration of the court that cross- 8 complainant is entitled to be indemnified, defended and held 9 harmless against the allegations of plaintiffs, and each of them, 10 by cross-defendants, and each of them; 11 2 . That in the event that judgment is entered in favor of 12 plaintiffs, or any of them, and against this cross-complainant, that 13 a judgment be entered in the same amount in favor of Dame' Construc- 14 tion and against. cross-defendants, and each of them; 15 3. For all damages suffered by Dame' Construction Company, 16 by reason of plaintiffs' Complaint; 17 4. For all costs and expenses incurred by Dame' Construction 18 Company in defending itself from the claims of plaintiffs herein, 19 and incurred in preparation and pursuant of this cross-complaint; 20 5. For a separate declaration of the respective degree 21 and percentage of fault for liability, if any, of cross-complainant 22 and cross-defendants; 23 6. For attorneys' fees and other necessary expenses; and 24 7. For such other and further relief as the court may deem 25 just and proper under the circumstances. 26 No specific amounts are known at this time, but the County of -3- 00 �9 1 Contra Costa will be notified when said amounts are determined. _ 2 All notices or other communications with regard to this 3 claim should be sent to G. Kelley Reid, Jr. of Bishop, Barry, 4 Howe & Reid, 220 Bush Street, Suite 350, San Francisco, California 5 94104 . 6 DATED: March 26 , 1984 . I 7 BISHOP , BARRY, HOWE & REID r 8 9 By REDRIC W. TRESTER 10 Attorneys for Claimant RIFFS, PETERS & JONES 11 r 12 13 r 'i ` 14 15 16 17 18 19 20 21 22 4 23 24 t 25 26 -4- 00 60 .. ROBERT B . LUEGx", ESQ..: 09436 RECEIti� 1Ma'z o 104 1 BOORNAZIAN, JENSEN 6 ,GARTHE A Professional Corporation E 1504 Franklin Street P.O. Boa 12925 Oakland, CA 94604 Telephone: (415) 834-4350 4 Michael W. Rupprecht , Esq. O b THIESSEN, GAGEN & McCOY 279 Front Street r 6 P.O. Box 218 Danville, CA 94526 7 Telephone : (415) 837-0585. 6 Attorneys for DAME' CONSTRUCTION COMPANY, INC . H SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 10 CLIFF HICKEY, et al. , ) NO . 232 266 11 ) Plaintiffs , ) lE ) VS . ) 13 ) DAME' CONSTRUCTION COMPANY, ) 14 INC. , et al. , ) 15 Defendants . ) 16 FIRST AMENDED CROSS-COMPLAINT DAMECbNSTRUCTION COMPANY,' ' ) 'FOR INDEMNITY AND DECLARATION 17 -INC.;`-- OF RIGHTS 18 Cross-complainant, ) 19 1 vs. ) EO GRIBALDO, JONES & ASSOCIATES; ) GRIBALDO, JACOBS, JONES & ) E1 ASSOCIATES; MYRON JACOBS; ) DANIEL J. RHOADES; RIFFE, ) 82 SHIPHERD & JONES, INC. ; ) RY FB pETB$�.� :JONES; ) 83 HORXAN_ __TER 4'RIFFE; JOHN S. ) PETERS; ELWOOD G. JONES; , ) 24 , REDGWICK 6 BANKE, INC. ; ;r ) REDGWICK CONSTRUCTION COMPANY; ) 85 RICHARD R. YACKLEY, INC. ; ) RICHARD R. YACKLEY; GARY ) 26 JUSTICE; COUNTY OF CONTRA—) 87 COSTA; CONTRA COSTA COUNTY / ) FLOOD CONTROL 5 WATER ) CONSERVATION DISTRICT; and ) 'E8 �a� ROES I through IBB, inclusive, ) F.o.=I= ) tso m"aws"M Cross-defendants. ) o X %4=1 .� ) 00 61 FA 77119 • � UN F�mm,CA 94121 pn►y►t.�110 1 DAME' CONSTRUCTION COMPANY, INC. alleges as follows : 2 FIRST CAUSE OF ACTION 4 The true names and capacities, whether individual, corporate 5 or otherwise, of cross-defendants , ROES I through XXX, and each of 6 them, are unknown to this cross-complainant, who therefore sues sai, 7 cross-defendants by such fictitious names , and cross-complainant 8 prays leave to amend this Cross-complaint to show such true names 9 and capacities , together with appropriate charging allegations , if 10 needed, when the same are ascertained . Cross-complainant is 11 1 informed and believes , and upon such information and belief alleges 1'2 that cross-defendants, ROES I through XXX, and each of them, 13 negligently or in some other manner caused or contributed to the 14 events and damages alleged in plaintiffs ' Complaint , if any there 15 were, and are thereby liable to this cross-complainant . 16 II. 17 At all times herein mentioned, cross-defendants, and each of 18 them, were the agents, servants, joint venturers, or employees of 19 all the other cross-defendants named herein, and were acting within 20 the course and scope of said agency,p g y, emplogment or joint venture. 2.1 III. 22 DAME' CONSTRUCTION COMPANY, INC. is , and at all times herein 23 mentioned was, a corporation organized and existing pursuant to the 24 r.. laws of the State of California, and is, and at all times herein 25 mentioned was, engaged in the business of developing residential 26 homes and lots within the County of Contra Costa, State of 27 California. �,. 28 r.o.WX ues IN RWftM sures - ONUA D.CJWFO MNO -2- "00-M to V 00 02 P.O.WX Ml on mum.a 6411 N1s►N1-IIM 1 IV. 2 Cross-complainant is informed and believes , and upon such S information and belief alleges , that cross-defendants GRIBALDO, 4 JACOBS, JONES b ASSOCIATES, GRIBALDO, JONES & ASSOCIATES, and 5 ROES I through III, and each of them, were at all times relevant 6 hereto, corporations , partnerships or sole proprietorships engaged 7 in the profession of soil, foundation and geological engineering , 8 and did regularly conduct such business and provide such engineer- 8 Ing services within the County of Contra Costa, State of California 10 V . 11 Cross-complainant is informed and believes , and upon such E 12 information and belief alleges , that cross-defendants MYRON JACOBS , 13 DANIEL J . RHOADES , and ROES IV through VIII, and each of them, 14 were at all times relevant hereto, registered civil engineers, 15 practicing soil engineers , or registered engineering geologists , 16 employed by, or were principals, partners or owners of , GRIBALDO, 17 JACOBS, JONES & ASSOCIATES, GRIBALDO, JONES b ASSOCIATES, or ROES 18 I, II or III, and each of them, and did regularly provide soil, 19 foundation and geological engineering services within the County of 20 Contra Costa, State of California. Zl VI. 22 Cross-complainant is informed and believes , and upon such 23 information and belief alleges, that cross-defendants GRIBALDO, s 24 rf JACOBS, JONES b ASSOCIATES, GRIBALDO, JONES b ASSOCIATES, MYRON 25 JACOBS, DANIEL J. RHOADES, and ROES I through VIII, and each of 26 them, did provide soil, foundation and geological engineering 27 sowftw. 28 jftmatam P.o.Wx nes ON awwaw PINT e SWQM.c+UsawUwa -3- Q S 0666-m WT CO.on nn wMW='a9"m I services for cross-complainant , pursuant to a written and/or oral 2 contract or contracts, for the development and construction of the 3 homes, lots and other works of improvement comprising Subdivisions 4 3790 and 3856, and properties adjacent thereto, in the County of 5 Contra Costa, State of California. 6 VII . 7 Cross-complainant is informed and believes , and upon such 8 information and belief alleges , that cross-defendant RIFFE, 9 SHIPHERD & JONES, INC. was , at all times relevant hereto , a torpor. 10 ation engaged in the profession of civil engineering and surveying 11 and did regularly conduct such business and provide such engineer- 12 ing and surveying services within the County of Contra Costa, 13 State of California . 14 VIII . 15 Cross-complainant is informed and believes, and upon such 16 information and belief alleges , that cross-defendant RIFFE, PETERS 17 & JONES was , at all times relevant hereto a partnership, the 18 successor in interest to all assets and liabilities of RIFFE, 19 SHIPHERD & JONES, INC. , and was engaged in the profession of civil 20 engineering and surveying, and did regularly conduct such business 21 and provide such engineering and surveying services within the 22 County of Contra Costa, State of California. 23 I%. 241 Cross-complainant is informed and believes, and upon such 25 information and belief alleges, that cross—defendants NORMAN T. 26 RIFFE, JOHN S. PETERS and ELWOOD G. JONES, and each of them, are, 27 and at all times herein mentioned were, registered civil engineers 000,wnz„u� 28 JKW&$AM or licensed surveyors, employed by, or were the principals, V.o.=nes UN FMMM STILT o�aeo00 64 �tt ro.M nil W SII U0.CII MIN µtil"l-MM 1 partners or owners of, RIFFE, SHIPHERD b JONES , INC. , and RIFFE, 2 PETERS & JONES, and did regularly provide civil engineering and 3 surveying services within the County of Contra Costa, State Qf 4 California. 5 X: 6 Cross-complainant is, informed and believes , and upon such 7 information and belief alleges , that cross-defendants RIFFE, 8 SHIPHERD & JONES, INC . , RIFFE, PETERS S JONES , NORMAN T . RIFFE, 9 JOHN S . PETERS , ELWOOD G . JONES and ROES I% through %II, and 10 leach of them, did provide civil engineering and surveying services 11 for this cross-complainant, pursuant to written and/or oral 12 Icontracts , for the development and construction of the homes , 13 lots and other works of improvement comprising Subdivisions 3790 14 and 3856, and properties adjacent thereto, in the County of Contra 15 Costa, State of California. 16 X1. 17 Cross-complainant is informed and believes , and upon such 18 information and belief alleges that cross-defendant REDGWICK b 19 BANKE, INC. was, at all times relevant hereto, a corporation 20 engaged in the business of an excavation and grading contractor, 21 and did regularly conduct such business and provide such contractin 22 services within the County of Contra Costa, State of California.- XII. 24 Cross-complainant is informed and believes, and upon such 25 information and belief alleges that cross-defendant REDGWICK 26 CONSTRUCTION COMPANY is, and at all times herein mentioned was, - 27 MONA" 28 �.o.some no auwaM stmt owawo.uux+aw►wa -5- 00 65 �m M r rMu am ate,a Mtn µts�s�t-Mw 1 a corporation, partnership or sole proprietorship , and a successor in interest to all assets and liabilities of REDGWICR b BANRE, INC . 3 %III. 4 Cross-complainant is informed and believes, and upon such 6 information and belief alleges that cross-defendants REDGWICR 6 6 BANRE, INC. , REDGWICR CONSTRUCTION COMPANY, and ROES %III through 7 RV, and each of them, did provide excavation and grading contractor 8 services for this cross-complainant, pursuant to a written and/or 9 oral contract, or contracts , for the development and construction 10 of the homes, lots, and other works of improvement comprising 11 Subdivision 3790 and Subdivision 3856 , and properties adjacent 22thereto , within the County of Contra. Costa, State of California. 13 XIV . 24 Cross-complainant is informed and believes , and upon such 16 information and belief alleges , that cross-defendants GARY JUSTICE 26 and ROES BVI through %VIII, and each of them, were, at all times 17 relevant hereto, contractors licensed pursuant to the laws of the 18 State of California engaged in the business of grading and 29 excavating, and did regularly conduct such business and provide 20 such grading and excavating contractors services within the County 21 of Contra Costa, State of California. 22 23 • Crdss-complainant is informed and believes , and upon such 24 r� information and belief alleges, that cross-defendants ZARY JUSTICE 25 and ROES BVI through XVIII, and each of them, did provide contract- 26 E6 —` ing, excavation, and grading services for this cross-complainant, 27 pursuant to a written and/or oral contract, or contracts, for the terW 28 AlIfts"M development and construction of the homes, lots, and other works of V.o.so=0 1011 ROAM*SHEET WXLAW.GtNWIA OW -6- !8132 W f11MI M.G 94IN Ntf)5414M 1 improvement comprising Subdivision 3790 and Subdivision 3856, and 2 the properties adjacent thereto, within the County of Contra Costa, S State of California. 4 XVI. b Cross-complainant is informed and believes , and upon such 6 information and belief alleges , that cross-defendants RICHARD R. 7 YACKLEY, INC . , RICHARD R. YACRLEY and ROES XIX through XXI, and 6 each of them, are, and at all times herein mentioned were , 9 contractors licensed pursuant to the laws of the State of Californil 10 engaged in the business of grading and excavating contractors , and 11 did regularly provide such contracting, excavation and grading 12 services within the County of Contra Costa, State of California. 23 1 XVII . 14 Cross-complainant is informed and believes , and upon such lb information and belief alleges , that cross-defendants RICHARD R. 16 YACRLEY, INC. , RICHARD R. YACRLEY, and ROES XIX through XXI, and 17 each of them, did provide contracting, excavating and grading 18 services for this cross-complainant,p , pursuant to a written and/or 19 oral contract, or contracts, for the development and construction 20 of the homes, lots and other works of improvement comprising 21 Subdivision 3790 and Subdivision 3856 , and the properties adjacent 82 thereto, within the County of Contra Costa, State of California. 23 . i XVIII. 24 " Cross-complainant is informed and believes, and upon such 85 information and belief alleges , that cross-defendants COUNTY OF 26 CONTRA COSTA, and CONTRA COSTA COUNTY FLOOD CONTROL 6 WATER 27 CONSERVATION DISTRICT, and each !of them, are, and at all times �morns 28 P.o.on mer _ ms R""ONE GOMM .M -7- 0 0 6 K� «� .a.80 nu nw MUCUS,a Gnu Nnl+ice _ 1 herein mentioned were, public entities organized and existing 2 pursuant to the laws of the State of California. 3 XIX. 4 Cross-complainant is informed and believes , and upon such b information and belief alleges , that cross-defendants COUNTY OF 6 CONTRA COSTA, and CONTRA COSTA COUNTY FLOOD CONTROL b WATER 7 CONSERVATION DISTRICT, and each of them, did direct , control, order , 8 specify and approve the construction of the homes , lots , and other 6 works of improvement comprising Subdivisions 3790 and 3856 , and 10 the properties adjacent thereto, within the County of Contra Costa, 11 State of California, pursuant to mandatory obligations imposed 12 upon each of them by statute , ordinance , or other regulation. 13 XX. 14 Cross-complainant is informed and believes , and upon such 15 information and belief alleges , that cross-defendants COUNTY OF 16 CONTRA COSTA, and the CONTRA COSTA FLOOD CONTROL 6 MATER CONSERVA- 17 TION DISTRICT, and each of them, did further specify, direct and 18 order that certain specific improvements be constructed upon 19 plaintiffs' lots, which were constructed pursuant to such specifi- 20 cations, directions and orders by subcontractors retained by this Z1 cross-complainant. 22 23 Cross-complainant is informed and believes , and upon I�ch E4 information and belief alleges, that the COUNTY OF CONTRA COSTA, 25 and the CONTRA COSTA COUNTY FLOOD CONTROL 6 WATER CONSERVATION 26 DISTRICT, and each of them, do, and at all times herein mentioned 27 did, own or control certain rights and interests in each of �ooiw�a,w. 28 &amaGO E plaintiffs' lots, by easement, reservation, or otherwise. F.o.on IM INS FRUMM 9 -a- 00 68 01906-M MEN tt ".pox nu IM(#AKM,CA 94IN Ntfl 5414M 1 ZYII. 8 On or about November 14, 1983 and November 21 , 1983, this 3 cross-complainant filed its claim and amended claim for indemnity, 4 respectively, with the COUNTY OF CONTRA COSTA and the CONTRA COSTA 6 COUNTY FLOOD CONTROL b MATER CONSERVATION DISTRICT. Such amended 6 claim was duly rejected on its merits by the Contra Costa County 7 Board of Supervisors on December 13 , 1983 . Cross-complainant is informed and believes , and upon such 10 information and belief alleges , that cross-defendants, ROES %%II 11 through XXX, and each of them, are persons or entities which 12 negligently or in some other actionable manner caused or contribute( 13 to the incidents and damages described in plaintiffs ' Complaint, if 24 any there were. 16 %%IV. 16 On or about February 26, 1982, plaintiffs CLIFF HICKEY, 27 SHARON HICKEY, DEAN B. PORTER, GERALDINE L. PORTER, DANIEL 18 NEUMAYER, STEPHANIE NEUMAYER, JAY GRILLI, JUDY GRILLI, RICHARD 19 BROWN and DOLORES BROWN filed an action against this cross- ZO complainant in -the Superior Court of California, County of Contra E1 Costa, entitled, "Cliff Hickey, et al . v. Dame' Construction 82 Company, Inc. , et al.", Action No. 232 266. Said Complaint, and - 83 the subsequent Amended Complaints- filed by said plaintiffrs, 84 allege that they have been injured and damaged as the result of 85 subsidence and earth movement on their respective lots, caused E6 by defects or deficiencies in the construction of such lots, by the 87 result of and as the consequence of water flowing over and adjacent NNW".". 88 imms"M to such lots, and as the result of a failure to maintain the P.n.M uss UN FRO"STMT WIM.CAUFOOM OW -9- "66-M MM 00 E9. w azo.a was 1 property comprising the flood control easement or reservation on 2 lor adjacent to such lots . S Z%V . - 4 The Complaint of plaintiffs herein, and the subsequent 5 Amended Complaints filed by said plaintiffs, are hereby incorporate 6 by reference, solely for the purpose of explaining plaintiffs' 7 allegations , and by this incorporation, this cross-complainant 8 does not adopt as true or correct any of the allegations or 9 averments of those pleadings. 10 XXVI . 11 Cross-complainant denies that it is in any way responsible 12 for the events or happenings or damages described in plaintiffs ' 13 Complaints . If this cross-complainant is held liable to plaintiffs 14 or any of them, however, such liability will be predicated solely 26 upon the active and primary negligence of cross-defendants, and 16 each of them, in performing, or omitting to perform, the afore- 17 described duties, acts or obligations , upon their respective 18 breaches of the express and implied terms and conditions of their 19 contracts with this cross-complainant, upon their respective 20 breaches of mandatory obligations and . duties imposed upon them El by statute, ordinance or regulation, or upon their respective 22 creation or maintenance of dangerous conditions of public and 23 private property, with actual and constructive knowledge thereof , 24 and any liability of this cross-complainant will be passive, 25 secondary, and of an indirect nature. 26 27 �,. 28 F.o.WX tM UN FRUng 6TWU .�. "9W -lo- 00 0 «�► MB32 P.O.pox IM WN FIUMCM.G►SIM 1 I%VII . 2 In the event this cross-complainant is found liable to 3 plaintiffs, or any of them, then the fault or liability of this 4 cross-complainant, if any, must be compared with the fault or 5 liability of all persons, parties or entities which contributed 6 in any way to the happening of the incident , or to the damages in 7 question, if any there were. Cross-complainant brings this action 8 against cross-defendants so that its fault or liability, if any, 9 can be ascertained , compared with, and apportioned among all the 10 other defendants and cross-defendants to this action. In the 11 event that this cross-complainant is held liable to plaintiffs, 12 or any of them, this cross-complainant will be entitled to compara- 13 tive indemnity among the various defendants and cross-defendants 14 Ito this action. 15 %%VIII. 16 An actual controversy arises and now exists between cross- 17 complainant and cross-defendants, and each of them, concerning 18 their respective rights and duties. Cross-complainant contends, 19 and cross-defendants deny, that in the event cross-complainant is 20 subjected to any liability in this action, then cross-complainant 21 will be entitled to be indemnified by cross-defendants, and each . 22 of them, for the full amount, or some proportionate share, of any 83 loss suffered orud ment j g paid by cross-complainant herein, and 84 for other expenses which may be incurred by cross-complainant in E5 defending against plaintiffs' action, and in pursuit of this 86 Cross-complaint. E7 i wmE 2e 1r1 filAllRlM tR1�T raW.casWwutwa —11— O 7OM opo Mm YN MUCM.CA WIN pub Ntaw . I XXIX. 2 The adjudication of this Cross-complaint in connection with 3 plaintiffs' action herein will prevent a multiplicity of trials, 4 will be in the furtherance of justice, and will further the 5 expedition of business of the above-entitled Court . . 6 WHEREFORE, this cross-complainant prays for judgment as 7 hereinafter set forth. 8 SECOND CAUSE OF ACTION XXX. 10 Cross-complainant hereby incorporates , repleads and realleges 11 all of the allegations contained in Paragraphs I through XXV of 12 the First Cause of Action as though the same were fully set forth 13 herein. 14 XXXI . lb If there has been any act, omission, negligence, or other 16 actionable conduct on the part of this cross-complainant, such 17 act, omission, negligence or other actionable conduct was passive, 18 secondary and indirect. If the plaintiffs , or any of them, 19 establish and prove the existence of liability on the part of 20 this cross-complainant, the sole proximate cause of such plaintiffs' . 21 damages will be the primary and active negligence or conduct of 22 cross-defendants, and each of them, and because of said cross- 23 defendants active and primary negligence or conduct, cross- 24 defendants, and each of them, are bound to indemnify this cross- 25 complainant for and against any and all of the damages which it 26 may suffer by reason of a verdict in favor of plaintiffs, or any 27 of them, if any, and in addition thereto, for all damages by way rooswaW 28 JMMawms P.0.fool MW ss IW -12- 4M 064M 00 72 IM RMCM.u mIN I of costs, expenses, attorneys' fees and other items and expenses 2 las appropriate under the circumstances . j s WHEREFORE, cross-complainant prays for judgment as hereinafter 4 set forth. + 5 THIRD CAUSE OF ACTION 6 B%BII . 7 Cross-complainant hereby incorporates , repleads and realleges 8 all of the allegations contained in Paragraphs I through Z%V of 9 the First Cause of Action as though the same were fully set forth t 10 herein. 11 BZ%III. 12 Cross-complainant is informed and believes , and upon such 13 information and belief alleges, that cross-defendants, and each of 14 them, expressly agreed that they would defend, indemnify and hold 15 harmless this cross-complainant on account of any injury or damage 16 suffered by any person, and on account of any claims, demands , 17 costs, losses, damages or liabilities , caused in any way by any 18 defect, negligence, or other actionable conduct, active or passive, 19 for which cross-defendants, and each of them, could be held 20 legally responsible. 21 a%%IV. 22 • - Cross-complainant has performed all conditions precedent �to 23 _ the obligations of cross-defendants, and each of them, to defend, .24 indemnify and hold harmless cross-complainant from the allegations 25 of plaintiffs, and each of them, and by this Cross-complaint, cross 26 complainant does hereby tender its defense to cross-defendants, 27 and each of them. Cross-complainant is informed and believes, soo�wnaA«. 28 JMMaGwft however, and upon such information and belief alleges, that V.o.on sss UM MAMM t"W aukM GLrONA No -13- 0® �� "w." MU MMMM.CA OM 1 cross-defendants have breached, and will breach, their agreement to 8 defend, indemnify and hold harmless this cross-complainant against g the allegations of plaintiffs herein, and have failed and refused 4 to defend, indemnify and hold harmless this cross-complainant S against the allegations of plaintiffs herein in the above-entitled 6 action. 7 WHEREFORE, cross-complainant prays for judgment, as follows : 8 1. For an Order and Declaration of the Court that cross- 8 complainant is entitled to be indemnified , defended and held 10 harmless against the allegations of plaintiffs , and each of them, 11 1by cross-defendants, and each of them; 12 2. In the event that judgment is entered in favor of plain- ts tiffs, or any of them, and against this cross-complainant , that a 14 judgment be entered in the same amount in favor of this cross- 16 complainant and against cross-defendants , and each of them; 16 3. For all damages suffered by cross-complainant by reason 17 of plaintiffs' Complaint; 18 4. For all costs and expenses incurred by cross-complainant 19 in defending itself from the claims of plaintiffs herein, and 20 incurred inre aration and is p p pursuit of this Cross-complaint; 21 S. For a separate Declaration of their respective degree SE and percentages of fault or 13ability, if any, of cross-complainant E3 and cross-defendants; 24r i 6. For attorneys' fees and other necessary expenses; and 26 87 28 ►.o.Mass aw rs�M cn� wallo.MMM sra -14- #M o4aeo '�[� , MIN, 00 ".WX?III w wsscno.U We Nts�m�sMs = 7. For such other and further relief as the Court may deem E just and proper under the circumstances . 3 DATED: March 1, 1984 BOORNAZIAN, JENSEN b GARTSE A professional Corporatiol 4 6 BY: 6 ROBERT B. LUECK Attorneys for Cross-complainant 7 DAME' CONSTRUCTION COMPANY, INC . 9 10 .13 14 15 16 17 18 19 EO Z1 82 E3 84 E5 26 87 28 P.o.sn on wog -15- Q ry;j �m 80 MMM.a 61110 1 DECLARATION OF SERVICE BY MAIL 2 3 I, the undersigned, declare: . 4 That I am a citizen of the United States, over the age S of eighteen years, and not a party to the foregoing actiod; 6 that my business address is 279 Front Street, Danville, Californ 7 That on March 2, 1984 I served copies of S FIRST ANENIDID CROSS FOR INEEMTTITY 9 AMID DECMARMCN OF RIGMS 10 11 by placing them in envelopes addressed as follows: 12 Robert Weck, Esq. Gerald R. welch, Esq. Boornazian, Jensen & Garthe 441 Frmt Street _1- 13 P. O. Box 12925 Danville, CA 94526 Oakland, CA 94604 14 G. Kelley Reid, Jr., Esq. Bishop, Barry, Rowe & Reid 13 220 Bush St. , Suite 350 San Mmncisco, CA 94104 16 17 which envelopes were then sealed and deposited, postage prepaid, 18 in the United States mail at Danville, California; that there 19 is regular service by mail between the place of deposition and 20 each of the foregoing addresses. _ - - - - -- -21 --~ - �1 declare under penalty of perjury that the foregoing 22 is true and correct. ::'2} Executed on March 2, 1984 at Danville 24 California. 23 Mmmiae Uri", 26 LAW OFFICES A PROFESSIONALn CORPORATION - 00 2?9.FRONT STREET - DANviLLE.CA 9.0526 TEL 937-M5 46 1 PROOF OF SERVICE BY MAIL 2 I am a citizen of the-..United States. I am over the age of 3 eighteen years and not a party to the within above-entitled action. 4 My business address is 220 Bush Street, Suite 350, San Francisco, 5 California, 94104. 6 On March 1984; 1 served ' - 7 the within Claim of RIFFE, PETERS & JONES , Claimant, vs. COUNTY OF CONTRA COSTA 8 9 10 on all parties in said action, by placing a true copy 11 thereof in a sealed envelope, with postage thereon fully prepaid 12 1 in the United States Post Office Mail Box in San Francisco, 13 California, addressed as follows: 14 CLERK OF THE BOARD OF SUPERVISORS Michael W. Ruppreckt, Esq. 651 Pine Street Thiessen, Gagen & McCoy 15 Martinez , CA 94553 279 Front Street P.O. Box 218 16 Robert B. Lueck, Esq. Danville, CA 94256 Boornazian, Jensen & Garthe 17 1504 Franklin Street P.O. Box 12925 18 Oakland, CA 94604 19 Gerald R. Welch, Esq. 441 Front Street 20 Danville, CA 94256 21 I declare under penalty of perjury that the foregoing is true 22 and correct. 23 Executed on March oZ9 , 1984 at 24 San Francisco, California. 25 26 YNDA L. ACKLEY 00 77 I BISHOP, BARRY, HOWE & REID G. KELLEY REID, JR. , ESQ. 2 FREDRIC W. TRESTER, ESQ. 220 Bush Street, Suite 350 3 San Francisco, California 94104 Telephone: (415) 421-8550 4 Attorneys for Cross-Defendant 5 RIFFE, PETERS & JONES 6 � 7 3 � IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 CLIFF HICKEY, et al. , 11 Plaintiffs, NO. 232 266 12 vs. 13 DAME' CONSTRUCTION COMPANY, INC. , et al. , 14 Defendants. 15 / 16 DAME ' CONSTRUCTION COMPANY, INC. , 17 Cross-complainant, 18 VS. 19 GRIBALDO, JONES & ASSOCIATES; 20 GRIBALDO, JACOBS , JONES & ASSOCIATES; MYRON JACOBS; 21 DANIEL J. RHOADES; RIFFE, SHIPHERD & JONES, INC. ; 22 RIFFE, PETERS & JONES; NORMAN T. RIFFE; JOHN S. 23 PETERS; ELWOOD G. JONES; REDGWICK & BANKE, INC. ; 24 REDGWICK CONSTRUCTION COMPANY; RICHARD R. YACKLEY, INC. ; 25 RICHARD R. YACKLEY; GARY JUSTICE; COUNTY OF CONTRA 26 COSTA; CONTRA COSTA COUNTY 00 78 I FLOOD CONTROL &WATER -_ CONSERVATION DISTRICT; and 2 ROES I through XXX, inclusive, 3 Cross-defendants. 4 In the Matter of the Claim of: 5 RIFFE, PETERS & JONES , 6 Claimant, 7 VS. 8 COUNTY OF CONTRA COSTA, 9 Respondent. 10 / 11 TO: THE COUNTY OF CONTRA COSTA: 12 YOU .ARE HEREBY NOTIFIED that RIFFE, PETERS & JONES, claims 13 equitable indemnity from the COUNTY OF CONTRA COSTA, for any 14 amounts obtained by cross-complainant, DAME' CONSTRUCTION COMPANY, 15 INC. , or from any other party, from RIFFE, PETERS & JONES, in 16 the action entitled, Cliff Hickey, et al. , plaintiffs, vs. Dame' 17 Construction Company, Inc. , et al. , defendants, Action Number 18 232 266 , filed in the Superior Court of Contra Costa County of 19 the State of California. 20 This claim is based on the Cross-Complaint for Indemnity 21 and Declaration of Rights, and the First Amended Cross-Complaint 22 for Indemnity and Declaration of Rights, filed by Dame' Construction 23 Company, Inc. , on or about January 3, 1983 and March 2, 1984, 24 respectively. Dame' Construction Company, Inc. ' s Cross-Complaint 25 was served upon Riffe, Peters & Jones on or after January 18, 26 1984 , and their First Amended Cross-Complaint for Indemnity and -2- Q® 79 1 Declaration of Rights was served on Riffe, Peters & Jones on 2 IMarch 2, 1984. The First Amended Cross-Complaint for Indemnity 3 and Declaration of Rights is attached hereto as Exhibit "A" and 4 incorporated herein by reference for illustrative purposes only. :S Cross -complainant, Dame' Construction Company, Inc. , have h prayed in the above-referenced action: 7 1. For an order and declaration of the court that cross- 8 complainant is entitled to be indemnified, defended and held 9 harmless against the allegations of plaintiffs, and each of them, 10 by cross-defendants , and each of them; 11 2. That in the event that judgment is entered in favor of 12 plaintiffs, or any of them, and against this cross-complainant, that 13 a judgment be entered in the same amount in favor of Dame' Construc- 14 tion and against cross-defendants, and each of them; 15 3. For all damages suffered by Dame' Construction Company, 16 by reason of plaintiffs' Complaint; 17 4. For all costs and expenses incurred by Dame' Construction 18 Company in defending itself from the claims of plaintiffs herein, 19 and incurred in preparation and pursuant of this cross-complaint; 20 5. For a separate declaration of the respective degree 21 and percentage of fault for liability, if any, of cross-complainant 22 and cross-defendants; 23 6. For attorneys' fees and other necessary expenses; and 24 17. For such other and further relief as the court may deem 25 just and proper under the circumstances. 26 No specific amounts are known at this time, but the County of -3 00 80 I Contra Costa will be notified when said amounts are determined. - .2 All notices or other communications with regard to this 3 1 claim should be sent to G. Kelley Reid, Jr. of Bishop, Barry, 4 Howe & Reid, 220 Bush Street, Suite 350 , San Francisco, California 5 94104 . 6 DATED: March 26 , 1984 . i BISHOP , BARRY, HOWE & REID 8 9 By FREDRIC W. TRESTER 10 Attorneys for Claimant RIFFE, PETERS & JONES 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- a® 81 ° RECEIV�)1 MAR 0 5 1* ROBERT B . LUELk".. ESQ. : 19436 • 1 BOORNAZIAN, JENSEN & GARTHE A Professional Corporation 2 1504 Franklin Street P.O. Box 12925 3 Oakland, CA 94604 Telephone: (415) 834-4350 4 Michael W. Rupprecht , Esq. 5 THIESSEN, GAGEN 6 McCOY 279 Front Street p 6 P.O. Box 218 Danville, CA 94526 T Telephone : (415) 837-0585 8 Attorneys for DAME' CONSTRUCTION COMPANY , INC . 9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 10 CLIFF HICKEY , et al. , ) NO . 232 266 11 ) Plaintiffs , ) 12 ) vs. ) 13 ) DAME' CONSTRUCTION COMPANY, ) 14 INC. , et al. , ) 15 Defendants . ) 16 ) FIRST AMENDED CROSS-COMPLAINT DA ME'. _CON"STRUCTION� COMPANY, ) FOR INDEMNITY AND DECLARATION 17 INC.:, ) OF RIGHTS 18 Cross-complainant , ) 19 vs. ) 20 GRIBALDO, JONES & ASSOCIATES; ) GRIBALDO, JACOBS, JONES & ) 21 ASSOCIATES; MYRON JACOBS; ) DANIEL J. RHOADES; RIPPE, ) 22 SHIPHERD & JONES, INC. ; ) BIE", .BTBR��-i6i:�TONE S; ) 23 NORNAN..-T.` 1FFE; `JOHN S. ) PETERS; ELWOOD G. JONES; ) s 24 REDGWICK & BANKE, INC. ; ) REDGWICK CONSTRUCTION COMPANY; ) 25 RICHARD R. YACKLEY, INC. ; ) RICHARD R. YACKLEY; GARY ) 26 JUSTICE; COUNTY OF CONTRA' 27 COSTA; CONTRA COSTA COUNTY / ) FLOOD CONTROL 6 WATER ) CONSERVATION DISTRICT; and ) Booiw�aiw. 28 &no t GUMROES I through XXX, Inclusive. ) P.B.Bax me ) A MM.CAU� ti Cross-defendants. ) Qo 8�' we small ) PIBu P.B.BOX Till • `l ^ // So MwM.a 141" r Nu►H14M 1 DAME' CONSTRUCTION COMPANY, INC. alleges as follows : 2 FIRST CAUSE OF ACTION 4 The true names and capacities, whether individual, corporate 5 or otherwise, of cross-defendants, ROES I through XXX, and each of 6 them, are unknown to this cross-complainant, who therefore sues sai. 7 cross-defendants by such fictitious names , and cross-complainant 6 prays leave to amend this Cross-complaint to show such true names 9 and capacities , together with appropriate charging allegations , if 10 needed, when the same are ascertained . Cross-complainant is 11 informed and believes , and upon such information and belief alleges 12 that cross-defendants , ROES I through %%%, and each of them, 13 negligently or in some other manner caused or contributed to the 14 events and damages alleged in plaintiffs ' Complaint , if any there 15 were, and are thereby liable to this cross-complainant . 16 II. 17 At all times herein mentioned, cross-defendants, and each of 18 them, were the agents, servants,, joint venturers, or employees of 19 all the other cross-defendants named herein, and were acting within 20 the course and scope of said agency,p g y, employment or joist venture. 21 - III. 22 -. DAME' CONSTRUCTION COMPANY, INC. is , and at all times herein 23 mentioned was, a corporation organized and ezist4ug pursuant to the 24 laws of the State of California, and is, and at all times herein 25 mentioned was, engaged in the business of developing residential 26 homes and lots within the County of Contra Costa, State of 27 California. rooiwAmu+. 28 ►.o.root rags 1691 RAWN STMT OAKLAA.CAUMOMA 6111 -2- rax 00 83 r.o."1 T16 &a RW CM.CA WIN 16161 b11•w6r I IV. 8 Cross-complainant is informed and believes, and upon such 3 information and belief alleges, that cross-defendants GRIBALIIO, 4 JACOBS, JONES b ASSOCIATES, GRIBALDO, JONES b ASSOCIATES, and 5 ROES I through III, and each of them, were at all times relevant 6 hereto , corporations , partnerships or sole proprietorships engaged 7 in the profession of soil, foundation and geological engineering , 8 land did regularly conduct such business and provide such engineer- 9 ing services within the County of Contra Costa, State of California . 10 �� V . 11 Cross-complainant is informed and believes , and upon such 12 information and belief alleges , that cross-defendants MYRON JACOBS , 13 JDANIEL J . RHOADES , and ROES IV through VIII , and each of them, 14 were at all times relevant hereto, registered civil engineers , 15 practicing soil engineers, or registered engineering geologists , 16 employed by, or were principals, partners or owners of , GRIBALDO, 17 JACOBS, JONES b ASSOCIATES, GRIBALDO, JONES & ASSOCIATES , or ROES 18 I, II or III, and each of them, and did regularly provide soil, 19 foundation and geological engineering services within the County of 80 Contra Costa, State of California. 81 VI. 22 Cross-complainant is informed and believes , and upon such 23 information and belief alleges, that cross-defendants GRIBALDO, E4 JACOBS, JONES & ASSOCIATES, GRIBALDO, JONES g ASSOCIATES, MYRON 85 JACOBS, DANIEL J. RHOADES, and ROES I through VIII, and each of E6 them, did provide soil, foundation and geological engineering 27 P.0.WX me M WAND M armor HALM.Mfo n wog -3- o um ago 84 MU PA WX nu 80 rQns;o.u•ns Aul Him" 1 services for cross-complainant, pursuant to a written and/or oral 2 contract or contracts, for the development and construction of the a homes, lots and other works of improvement comprising Subdivisions 4 3790 and 3856, and properties adjacent thereto, in the County of 5 Contra Costa, State of California. 6 VII . 7 Cross-complainant is informed and believes , and upon such 8 information and belief alleges , that cross-defendant RIFFS, 9 SHIPHERD & JONES, INC. was , at all times relevant hereto, a corpor- 10 ation engaged in the profession of civil engineering and surveying , 11 and did regularly conduct such business and provide such engineer- 12 ing and surveying services within the County of Contra Costa, 13 State of California. 14 VIII. 15 Cross-complainant is informed and believes, and upon such 16 information and belief alleges , that cross-defendant RIFFE. PETERS 17 b JONES was , at all times relevant hereto, a partnership, the 18 successor in interest to all assets and liabilities of RIFFE, 19 SHIPHERD & JONES, INC. , and was engaged in the profession of civil 20 engineering and surveying,g, and did regularly conduct such business 2l and provide such engineering and surveying services within the 22 County of Contra Costa, State of California. 23 I8. 24 Cross-complainant is informed and believes, and upon such 25 information and belief alleges, that cross—defendants NORMAN T. Z6 RIFFE. JOHN S. PETERS and ELWOOD G. JONES, and each of them, are, 27 and at all times herein mentioned were, registered civil engineers SooMMAaAN. 28 Ama"MM or licensed surveyors, employed by, or were the principals, P.0.BOX an IN F MMaN 511M OAIQMp.CAIM'OMMA MIDI n{� �7 NNA 5$-= V 0 IB 32 P.O.SOI 7115 SAN iUMICO.CA 1113E N/5)5114M I partners or owners of, RIFFE, SHIPHERD JONES , INC. , and RIFFE, Z PETERS & JONES , and did regularly provide civil engineering and 3 surveying services within the County of Contra Costa, State of 4 California. 5 X. 6 Cross-complainant is informed and believes , and upon such 7 information and belief alleges , that cross-defendants RIFFE, 8 SHIPHERD 6 JONES, INC . , RIFFE, PETERS & JONES , NORMAN T . RIFFE, g JOHN S . PETERS, ELWOOD G. JONES and ROES I% through %II, and 10 each of them, did provide civil engineering and surveying services 11 for this cross-complainant , pursuant to written and/or oral 1E contracts, for the development and construction of the homes , 13 lots and other works of improvement comprising Subdivisions 3790 14 and 3856, and properties adjacent thereto , in the County of Contra 15 Costa, State of California. 16 %I. 17 Cross-complainant is informed and believes , and upon such 18 information and belief alleges that cross-defendant REDGWICK .b 19 BANKE, INC. was, at all times relevant hereto , a corporation 20. engaged in the business of an excavation and grading contractor, 21 and did regularly conduct such business and provide such contractin; 82 services within the County of Contra Costa, State of California. Z3 XII. 24 Cross-complainant is informed and believes, and upon such 25 information and belief alleges that cross-defendant REDGWICK E6 CONSTRUCTION COMPANY is, and at all times herein mentioned was, 27 aooS+►a�u+. Z8 r.a M nes sw aw�aN sr�r . SWAM.CAUPOM n NO -5- "Bw 00 86 F.G.=nil WIMUCU0.G010 Meal sa�a1M -i 1 a corporation, partnership or sole proprietorship, and a successor 2 In interest to all assets and liabilities of REDGWICK b BANKE, INC . $ %III. 4 Cross-complainant is informed and believes, and upon such 6 information and belief alleges that cross-defendants REDGWICK b 6 BANKE, INC. , REDGWICK CONSTRUCTION COMPANY, and ROES XIII through 7 XV, and each of them, did provide excavation and Aradin8 contractor 8 services for this cross-complainant , pursuant to a written and/or g oral contract , or contracts , for the development and construction 10 lof the homes, lots, and other works of improvement comprising 11 Subdivision 3790 and Subdivision 3856 , and properties adjacent 12 thereto , within the County of Contra Costa, State of California. 13 I XIV . 14 Cross-complainant is informed and believes , and upon such 15 information and belief alleges, that cross-defendants GARY JUSTICE 16 and ROES BVI through XVIII, and each of them, were, at all times 17 relevant hereto , contractors licensed pursuant to the laws of the 18 State of California, engaged in the business of grading and 19 excavating, and did regularly conduct such business and provide 20 such grading and excavating contractors services within the County 21 of Contra Costa, State of California. 22 XV. 41 23 Cross-complainant is informed and believes , and upon such '{ 24 information and belief alleges, that crass-defendants "RY JUSTICE 85 and ROES XVI through %VIII, and each of them, did provide _contract- 26 iug, excavation, and grading services for this cross-complainant, 27 pursuant to a written and/or oral contract, or contracts, for the OWA*mw. 28 y JMMa&#Ww development and construction of the homes, lots, and other works of F.o.ss I ms aw .CAW me r wawou�sawu►NO -6- "D&M 00 87 �m 10 MMM,v►w"s l improvement comprising Subdivision 3790 and Subdivision 3856, and 2 the properties adjacent thereto , within the County of Contra Costa , 3 State of California. - 4 XVI. 6 Cross-complainant is informed and believes , and upon such 6 information and belief alleges , that cross-defendants RICHARD R. 7 YACRLEY, INC. , RICHARD R. YACRLEY and ROES XIX through XXI, and 6 each of them, are, and at all times herein mentioned were, g contractors licensed pursuant to the laws of the State of California 10 engaged in the business of grading and excavating contractors, and 11 did regularly provide such contracting, excavation and grading 12 services within the County of Contra Costa, State of California. 13 XVII. 14 Cross-complainant is informed and believes , and upon such 16 information and belief alleges , that cross-defendants RICHARD R. 16 YACRLEY, INC. , RICHARD R. YACRLEY, and ROES BIB through BBI, and 17 each of them, did provide contracting, excavating and grading 18 services for this cross-complainant, pursuant to a written and/or 19 oral contract, or contracts, for the development and construction 20 of the homes, lots and other works of improvement comprising Z1 Subdivision 3790 and Subdivision 3856 , and the properties adjacent 82 thereto, within the County of Contra Costa, State of California. 23 Bvil'I. 24 ' + Cross-complainant is informed and believes, and upon such ZS information and belief alleges, that cross-defendants COUNTY OF 26 CONTRA COSTA, and CONTRA COSTA COUNTY FLOOD CONTROL b WATER 27 CONSERVATION DISTRICT, and each !of them, are, and at all times Ze �MsaMMwa -7- ® 8 I ora® Mn FAM MI WA awsace.a ons Ntsl M»IM C . 1 herein mentioned were, public entities organised and existing 2 pursuant to the laws of the State of California. 3 XIX. 4 Cross-complainant is informed and believes , and upon such 5 information and belief alleges , that cross-defendants COUNTY OF 6 CONTRA COSTA, and CONTRA COSTA COUNTY FLOOD CONTROL b WATER 7 CONSERVATION DISTRICT, and each of them , did direct , control , order 8 specify and approve the construction of the homes , lots , and other D works of improvement comprising Subdivisions 3790 and 3856, and 10 the properties adjacent thereto, within the County of Contra Costa , 11 State of California, pursuant to mandatory obligations imposed 12 Ripon each of them by statute, ordinance, or other regulation. 13 %B. 14 Cross-complainant is informed and believes, and upon such 15 information and belief alleges , that cross-defendants COUNTY OF 16 CONTRA COSTA, and the CONTRA COSTA FLOOD CONTROL b WATER CONSERVA- 17 TION DISTRICT, and each of them, did further specify, direct and 18 order that certain specific improvements •be constructed upon 19 plaintiffs' lots, which were constructed pursuant to such specifi- 20 cations, directions and orders by subcontractors retained by this 21 cross-complainant. 22 %BI. 23 Cross-complainant is informed and belifvea, and upon such 24 �;.. information and belief alleges, that the COUNTY OF CONTRA COSTA, 25 and the CONTRA COSTA COUNTY FLOOD CONTROL b WATER CONSERVATION 26 DISTRICT, and each of them, do, and at all times herein mentioned 27 did, own or control certain rights and interests in each of toaw�iw. 28 AMMIGNM plaintiffs' lots, by easement, reservation, or otherwise. P.0.on MM aw auu�aM stmEr am U&M 00 89 10.9.ou nu VAN MMM.G►•ns 016)M1.MM 1 Z%II . 2 On or about November 14, 1983 and November 21, 1983, this 3 cross-complainant filed its claim and amended claim for indemnity, 4 respectively, with the COUNTY OF CONTRA COSTA and the CONTRA COSTA 5 COUNTY FLOOD CONTROL b WATER CONSERVATION DISTRICT. Such amended 6 claim was duly rejected on its merits by the Contra Costa County 7 Board of Supervisors on December 13, 1983 . 8 %XIII . 6 Cross-complainant is informed and believes , and upon such 10 information and belief alleges , that cross-defendants , ROES %%II 11 through XXX, and each of them, are persons or entities which 12 negligently or in some other actionable manner caused or contributed 13 to the incidents and damages described in plaintiffs ' Complaint, if 14 any there were. 15 %XIV . 16 On or about February 26, 1982, plaintiffs CLIFF HICKEY, -� 17 SHARON HICKEY, DEAN. B. PORTER, GERALDINE L. PORTER, DANIEL 18 NEUMAYER, STEPHANIE NEUMAYER, JAY GRILLI, JUDY GRILLI, RICHARD 19 BROWN and DOLORES BROWN filed an action against this cross- 20 complainant in the Superior Court of California, County of Contra E1 Costa, entitled, "Cliff Hickey, et al . v. Dame' Construction --- 22 Company, Inc. , et al." , Action No. 232 266. - Said Complaint, and 23 the subsequent Amended Complaints filed by said plaintiffs, E4 x allege that they have been injured and damaged as the result of 25 subsidence and earth movement on their respective lots, caused 26 by defects or deficiencies in the construction of such lots, by the 27 result of and as the consequence of water flowing over and adjacent gra. 28 amma"MM to such lots, and as the result of a failure to maintain the P.o.WX we ISM FRM"STMS waao,a VOW 9M _9_ 4M 9- 4M 04-M M3 0® 9� FA M r+u "A MUCIM,u 941s 14151 N1#w I property comprising the flood control easement or reservation on 2 or adJacent to such lots . 3 8%V. 4 The Complaint of plaintiffs herein, and the subsequent b Amended Complaints filed by said plaintiffs , are hereby incorporate, 6 by reference, solely for the purpose of explaining plaintiffs ' 7 allegations , and by this incorporation, this cross-complainant b does not adopt as true or correct any of the allegations or g averments of those pleadings . 10 zzvl. 11 Cross-complainant denies that it is in any way responsible 12 for the events or happenings or damages described in plaintiffs ' 13 Complaints . If this cross-complainant is held liable to plaintiffs ; 24 or an of them however, such liability will be y y predicated solely 25 upon the active and primary negligence of cross-defendants, and 16 each of them, in performing, or omitting to perform, the afore- 17 described duties, acts or obligations , upon their respective 18 breaches of the express and implied terms and conditions of their 19 contracts with this cross-complainant, upon their respective 20 breaches of mandatory obligations and duties imposed upon them 21 by statute, ordinance or regulation, or upon their respective 22 _ creation or maintenance of dangerous conditions of public and 23 private property, with actual and constructive knowledge thereof, 24 and any liability of this cross-complainant will be passive, E5 secondary, and of an indirect nature. 26 27 �ooiw,�nur. E8 P.0.onIND ,NFUMNSMUT 00 • 91 auAM.CAUMM ►wa _10- IM N&4= P.O.SOX nu 80"A CON,a Win C _ a 1 ZSVII. 2 In the event this cross-complainant is found liable to 3 plaintiffs, or any of them, then the fault or liability of this 4 cross-complainant, if any, must be compared with the fault or S liability of all persons, parties or entities which contributed 6 in any way to the happening of the incident, or to the damages in % question, if any there were. Cross-complainant brings this action 8 against cross-defendants so that its fault or liability, if any, 8 can be ascertained , compared with, and apportioned among all the 10 other defendants and cross-defendants to this action. In the 11 event that this cross-complainant is held liable to plaintiffs , 12 or any of them, this cross-complainant will be entitled to compara- 12 tive indemnity among the various defendants and cross-defendants 14 to this action. 18 B%VIII. 16 An actual controversy arises and now exists between cross- 27 complainant and cross-defendants, and each of them, concerning 18 their respective rights and duties. Cross-complainant contends, 19 and cross-defendants deny, that in the event cross-complainant is 20 subjected to any liability in this action, then cross-complainant 22 will be entitled to be indemnified by cross-defendants, and each 22 of them, for the full amount or some proportionate share, of any 23 loss suffered or judgment paid by cross-complainant herein, and 24 for other expenses which may be incurred by cross-complainant in 25 defending against plaintiffs' action, and in pursuit of this 26 Cross-complaint. 27 �oowr►aan. 88 MIUAAOf wi OSIMMI OM OW -11- ®® as w•oeo RAI!t P.S.WX tit! WI RANC=,CA 9415 Nti1 M1MM - . 1 XXIX . 2 The adjudication of this Cross-complaint in connection vith s plaintiffs' action herein will prevent a multiplicity of trials, 4 vill be in the furtherance of justice , and vill further the 5 expedition of business of the above-entitled Court . 6 WHEREFORE, this cross-complainant prays for judgment as 9 hereinafter set forth. 3 SECOND CAUSE OF ACTION XXX. . 10 Cross-complainant hereby incorporates , repleads and realleges 11 all of the allegations contained in Paragraphs I through XXV of 12 the First Cause of Action as though the same vere fully set forth 13 herein. 14 XXXI . 15 If there has been any act , omission, negligence, or other 16 actionable conduct on the part of this cross-complainant, such 17 act, omission, negligence or other actionable conduct vas passive, 18 secondary and indirect. If the plaintiffs , or any of them, 19 establish and prove the existence of liability on the part of ZO this cross-complainant, the sole proximate cause of such plaintiffs ' 21 damages vill be the primary and active negligence or conduct of 22 - - -- - cross-defendants, and each of them, and because of said cross- 23 defendants active and primary negligence or conduct, cross- 24 defendants, and each of them, are bound to indemnify this cross- 25 complainant for and against any and all of the damages vhich it 26 may suffer by reason of a verdict in favor of plaintiffs, or any 27 of them, if any, and in addition thereto, for all damages by way . 28 ►.o.omc me NN STW w A&GUMUM wa -12- 00 0 IM Mww 83 . 11.x.sc r» =+w Auwcaco,a ons . MSN a�-ow - T•: E: � Ls 1 of costs, expenses, attorneys' fees and other items and expenses 2 las appropriate under the circumstances . 3 WHEREFORE, cross-complainant prays for judgment as hereinafte7 4 set forth. 5 THIRD CAUSE OF ACTION 6 %%%II . 7 Cross-complainant hereby incorporates , repleads and realleges 8 all of the allegations contained in Paragraphs I through ZBV of 9 the First Cause of Action as though the same were fully set forth 10 herein. 11 BBZIII. 12 1 Cross-complainant is informed and believes , and upon such 13 information and belief alleges, that cross-defendants , and each of 14 them, expressly agreed that they would defend, indemnify and hold 15 harmless this cross-complainant on account of any injury or damage 16 suffered by any person, and on account of any claims, demands, 17 costs, losses, damages or liabilities , caused in any way by any 18 defect, negligence, or other actionable conduct, active or passive, 19 for which cross-defendants, and each of them, could be held 20 legally responsible. 21 aXXIV. a -- - 82 - Cross-complainant has performed all conditions precedent to 23 the obligations of cross-defendants, and each of them, to defend, -E4 indemnify and hold harmless cross-complainant from the allegations 25 of plaintiffs, and each of them, and -by this Cross-complaint, cross- 26 complainant does hereby tender its defense to cross-defendants, 27 and each of them. Cross-complainant is informed and believes , �ooiw,►aiw. 28 JNGMa"XM however, and upon such information and belief alleges, that F.o.on noes -13- O �1 FiMIQM ft1EFT o�aaio.rx +►wa M+s wa6o FA pox ru SM MW.M.a IMU - pu� 1 cross-defendants have breached, and will breach, their agreement to 2 defend, indemnify and hold harmless this cross-coaplainant against g the allegations of plaintiffs herein, and have failed and refused 4 to defend, indemnify and hold harmless this cross-complainant- 6 against the allegations of plaintiffs herein in the above-entitled 6 action. 7 WHEREFORE, cross-complainant prays for judgment, as follows : 1. For an Order and Declaration of the Court that cross- 6 complainant is entitled to be indemnified , defended and held 10 harmless against the allegations of plaintiffs , and each of them, 11 by cross-defendants , and each of them; 22 2. In the event that judgment is entered in favor of plain- ts tiffs, or any of them, and against this cross-complainant , that a 14 judgment be entered in the same amount in favor of this cross- 26 complainant and against cross-defendants , and each of them; 16 3. For all damages suffered by cross-complainant by reason 17 of plaintiffs' Complaint; 18 4. For all costs and expenses incurred by cross-complainant 19 in defending itself from the claims of plaintiffs herein, and 80 incurred in preparation and in pursuit of this Cross-complaint ; 21 5. For a separate Declaration of their respective degree 82 and percentages of fault or liability, if any, of cross-complainant x .23 and cross-defendants; � 84 6. For attorneys' fees and other necessary expenses; and 25 26 E7 Ze ►.o.M ism M"MMD*~ ftMAM.otisasu§M -14- rns s*aeo 00 95 : 80 MUCM.a«,m a ' *• ,+fit 1 7. For such other and further relief as the Court may deem 2 just and proper under the circumstances. 3 DATED: March 1, 1984 BOORNAZIAN, JENSEN & CARTHE A professional Corporation 4 6 BY: • 6 ROBERT B. LUECR Attorneys for Cross-complainant 7 DAME' CONSTRUCTION COMPANY, INC . 10 12 13 14 15 ll! 16 17 19 /!! 20 22 23 24 { 25 26 27 28 P.0.on uss NO00 90 wi Fws�ao,a w,s 1 DECLARATION OF SERVICE BY MAIL 2 3 I, the undersigned, declare: . 4 That I am a citizen of the United States, over the age s of eighteen years, and not a party to the foregoing action; 6 that my business address is 279 Front Street, Danville, Californ 7 That on March 2, 1984 , I served copies of 8 FIRST AMENDED CROSS-COMPLAINT FOR IMEMN17 Y AND DEC IARATICN CF RIGHTS 10 11 by placing them in envelopes addressed as follows: 12 Robert Imck, Esq. Gerald R. Welch, Esq. Boornazian, Jensen & Garthe 441 Front Street -� 13 P. O. Box 12925 Danville, CA 94526 Oakland, CA 94604 14 G. Kelley Reid, Jr., Esq. Bishop, Barry, Howe & Reid 13 220 Bush St. , Suite 350 San Francisco, CA 94104 16 17 which envelopes were then sealed and deposited, postage prepaid, 18 in the United States mail at Danville, California; that there 19 is regular service by mail between the place of deposition and .20 each of the foregoing addresses. - _ ---- ---21 __.__ __...__ I declare undernalt pe y of perjury that the foregoing .22 is true and correct. ' . - 23 Executed on March 2, 1984 , at Dwville , 24 California. - ZS MuW.Le taw" LAW OFFIICES A PROFESSIONAL CORPORATION - 219 FRONT STREET DANVILLE.CA 940"' •� ��- TEL 937-VUS - -- _.-- - -- -._ _..._._- -- - - _ _ -- - ..._._.�_�._.{• "t-�. , � ti 1 I PROOF OF SERVICE BY MAIL 2 I am a rtitizen of the-.United States. I am over the age of 3 eighteen years and not a party to the within above-entitled action. d My business address is 220 Bush Street, Suite 350, San Francisco, - 5 California, 94104. 6 On March , 1981, I served - ---'- the erved - - -the within Claim of RIFFE, PETERS & JONES , Claimant, vs. COUNTY OF CONTRA COSTA d 9 10 on all parties in said action, by placing a true copy 11 thereof in a sealed envelope, with postage thereon fully prepaid 12 in the United States Post Office Mail Box in San Francisco, 13 California, addressed as follows: 14 CLERK OF THE BOARD OF SUPERVISORS Michael W. Ruppreckt, Esq. 651 Pine Street Thiessen, Gagen & McCoy 15 Martinez, CA 94553 279 Front Street P.O. Box 218 16 Robert B. Lueck, Esq. Danville, CA 94256 Boornazian, Jensen & Garthe 17 1504 Franklin Street P.O. Box 12925 18 Oakland, CA 94604 19 Gerald R. Welch, Esq. 441 Front Street Danville, CA 94256 20 21 I declare under "malty of perjury that the foregoing is true 22 and correct. 23 Executed on March a 7 , 1984 at 24 San Francisco, California. 25 26 ANDA L. ACKLEY 1 BISHOP, BARRY, HOWE & REID -_ G. KELLEY REID, JR. , ESQ. 2 FREDRIC W. TRESTER, ESQ. 220 Bush Street, Suite 350 3 San Francisco, California 94104 Telephone: (415) 421-8550 4 Attorneys for Cross-Defendant 5 1 RIFFE , PETERS & JONES E! 7 i I 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 CLIFF HICKEY, et al. , 11 Plaintiffs, NO. 232 266 12 vs. 13 DAME ' CONSTRUCTION COMPANY, INC. , et al. , 14 Defendants. 15 / 16 DAME' CONSTRUCTION COMPANY, INC. , 17 18 Cross-complainant, VS. 19 GRIBALDO, JONES & ASSOCIATES; 20 GRIBALDO, JACOBS, JONES & ASSOCIATES; MYRON JACOBS; 21 DANIEL J. RHOADES; RIFFE, SHIPHERD & JONES , INC. ; 22 RIFFE, PETERS & JONES; NORMAN T. RIFFE; JOHN S. 23 PETERS; ELWOOD G. J ONES; REDGWICK & BANKE, INC. ; 24 REDGWICK CONSTRUCTION COMPANY; RICHARD R. YACKLEY, INC. ; 25 RICHARD R. YACKLEY; GARY JUSTICE; COUNTY OF CONTRA 26 COSTA; CONTRA COSTA COUNTY 00 99 1 FLOOD CONTROL & WATER -_ CONSERVATION DISTRICT; and 2. ROES I through XXX, inclusive, 3 Cross-defendants. 4 In the Matter of the Claim of: 5 RIFFE , PETERS & JONES , S si I; Claimant , .7 VS. 8 CONTRA COSTA COUNTY FLOOD 9 CONTROL & WATER CONSERVATION DISTRICT, 10 Respondent. 11 / 12 TO: CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT: 13 YOU ARE HEREBY NOTIFIED that RIFFE, PETERS & JONES, claims 14 15 equitable indemnity from CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, for any amounts obtained by cross-complainant 16 17 DAME ' CONSTRUCTION COMPANY, INC. , or from any other party, from RIFFE, PETERS & JONES, in the action entitled, Cliff Hickey, et al. , 18 19 plaintiffs, vs. Dame' Construction Company, Inc. , et al. , defendants 20 Action Number 232 266 , filed in the Superior Court of Contra Costa 21 County of the State of California. This claim is based on the Cross-Complaint for Indemnity 22 and Declaration of Rights, and the First Amended Cross-Complaint 23 for Indemnity and Declaration of Rights, filed by Dame' Construction 24 25 Company, Inc. , on or about January 3, 1983 and March 2, 1984, respectively. Dame' Construction Company, Inc. ' s Cross-Complaint 26 -2- 00 100 (f 1 was served upon Riffe, Peters & Jones on or after January 18, _ 2 1984, and tneir First Amended Cross-Complaint for Indemnity and 3 Declaration of Rights was served on Riffe, Peters & Jones on 4 March 2, 1984. The First Amended Cross-Complaint for Indemnity 5 and Declaration of Rights is attached hereto as Exhibit. "A" and 6 incorporated herein by reference for illustrative purposes only. 7 Cross-complainant, Dame' Construction Company, Inc. , have 8 prayed in the above-referenced action: 9 1. For an order and declaration of the court that cross- 10 complainant is entitled to be indemnified, defended and held 11 harmless against the allegations of plaintiffs, and each of them, 12 by cross-defendants, and each of them; 13 2. That in the event that judgment is entered in favor of 14 plaintiffs, or any of them, and against this cross-complainant, that 15 a judgment be entered in the same amount in favor of Dame' Construc- 16 tion and against cross-defendants, and each of them; 17 3. For all damages suffered by Dame' Construction Company, 18 by reason of plaintiffs' Complaint; 19 4. For all costs and expenses incurred by Dame' Construction 20 Company in defending itself from the claims of plaintiffs herein, 21. and incurred in preparation and pursuant of this cross-complaint; 22 S. For a separate declaration of the respective degree 23 and percentage of fault for liability, if any, of cross-complainant 24 and cross-defendants; 25 6. For attorneys' fees and other necessary expenses; and 26 7. For such other and further relief as the court may deem 00 101 I just and proper under the circumstances. 2 No specific amounts are known at this time, but this Pub- 3 lic Entity will be notified when said amounts are determined. 4 All notices or other communications with regard to this 5 ` claim should be sent to G. Kelley Reid, Jr . of Bishop, Barry, +Si� 'EIowe & Reid, 220 Bush Street, Suite 350 , San Francisco, California 7 941.04 . 8 ! DATED: March 26 , 1984 . 9 ( BISHOP, BARRY, HOWE & REID 10 ` 11 By FREDRIC W. TRESTER 12 Attorneys for Claimant RIFFE, PETERS & JONES 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- 00 102 ROBERT B . LUE�a, ESQ. : #9436 RFCEI�� ' ` .• : 19 °^ BOORNAZIAN, JENSEN & GARTHE + 1 A Professional Corporation 2 1504 Franklin Street P.O. Box 12925 3 Oakland, CA 94604 Telephone: (415) 834-4350 4 Michael W. Rupprecht , Esq. 5 THIESSEN, GAGEN & McCOY 0 279 Front Street 6 P.O. Box 218 Danville, CA 94526 7 Telephone : (415) 837-0585 8 Attorneys for DAME' CONSTRUCTION COMPANY , INC . 9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 10 CLIFF HICKEY, et al . , ) NO . 232 266 11 ) Plaintiffs , ) 12 ) VS . ) 13 ) DAME' CONSTRUCTION COMPANY, ) 14 INC. , et al . , ) 15 Defendants . ) 16 ) FIRST AMENDED CROSS-COMPLAINT DAME' CONSTRUCTION COMPANY, ) FOR INDEMNITY AND DECLARATION 17 INC. , ) OF RIGHTS 18 Cross-complainant, ) 19 vs. ) 20 GRIBALDO, JONES & ASSOCIATES; ) GRIBALDO, JACOBS, JONES & ) 21 ASSOCIATES; MYRON JACOBS; ) DANIEL J. RHOADES; RIFFE, ) 22 SHIPHERD & JONES, INC. ; ) RIFFE, PETERS & JONES; ) E3 NORMAN T. RIFFE; JOHN S. ) PETERS; ELWOOD G. JONES; ) 24 REDGWICK & BANKE, INC. ; ) REDGWICK CONSTRUCTION COMPANY; ) 25 RICHARD R. YACKLEY, INC. ; ) RICHARD R. YACKLEY; GARY ) 26 JUSTICE; COUNTY OF CONTRA`) 27 COSTA; CONTRA COSTA COUNTY / ) FLOOD CONTROL & WATER ) CONSERVATION DISTRICT; and ) GU . 28 GEN a ROES I through BRB, inclusive, ) a wrrls P.o:Box I= ) oxamwowea Cross-defendants. ) "a&" ) 00 103 P.O.oox 7115 wr R=1=0."wlw p/51 w1-1000 1 DAME' CONSTRUCTION COMPANY, INC. alleges as follows : 2 FIRST CAUSE OF ACTION 4 The true names and capacities, whether individual, corporate 5 or otherwise, of cross-defendants , ROES I through XXX, and e4ch of 6 them, are unknown to this cross-complainant, who therefore sues sai 7 cross-defendants by such fictitious names , and cross-complainant 8 prays leave to amend this Cross-complaint to show such true names and capacities, together with appropriate charging allegations , if 10 needed, when the same are ascertained . Cross-complainant is 11 informed and believes , and upon such information and belief alleges 12 that cross-defendants, ROES I through XXX, and each of them, 13 negligently or in some other manner caused or contributed to the 14 events and damages alleged in plaintiffs ' Complaint , if any there 15 were, and are thereby liable to this cross-complainant . 16 II. 17 At all times herein mentioned, cross-defendants , and each of 18 them, were the agents, servants,, joint venturers , or employees of 19 all the other cross-defendants named herein, and were acting within 20 the course and scope of said agency,p g y, employment or joint venture. 21 III. 22 DAME' CONSTRUCTION COMPANY, INC. is, and at all times herein 23 mentioned was, a corporation organized and existing pursuant to the 24 laws of the State of California, and is, and at all times herein 25 mentioned was, engaged in the business of developing residential 26 homes and lots within the County of Contra Costa, State of 27 California. wwaham. 28 �M« III r.o.owc wxs GOQAW.Ck9M -2 00 104 - His ;WV_ P.C.M 7119 WI MOWN,CA"in 14141 6 IAM 1 IV. 2 Cross-complainant is informed and believes, and upon such 3 information and belief alleges, that cross-defendants GRIBAL60, 4 JACOBS, JONES & ASSOCIATES, GRIBALDO, JONES & ASSOCIATES, and 5 ROES I through III, and each of them, were at all times relevant 6 hereto, corporations , partnerships or sole proprietorships engaged 7 in the profession of soil , foundation and geological engineering , 8 and did regularly conduct such business and provide such engineer- 9 ling services within the County of Contra Costa, State of California 10 V. 11 Cross-complainant is informed and believes, and upon such 12 information and belief alleges , that cross-defendants MYRON JACOBS , 13 DANIEL J. RHOADES , and ROES IV through VIII, and each of them, 14 were at all times relevant hereto, registered civil engineers, 15 practicing soil engineers , or registered engineering geologists , 16 employed by, or were principals, partners or owners of, GRIBALDO, 17 JACOBS, JONES & ASSOCIATES, GRIBALDO, JONES & ASSOCIATES , or ROES 18 I, II or III, and each of them, and did regularly provide soil, 19 foundation and geological engineering services within the County of 20 Contra Costa, State of California. 21 VI. 22 Cross-complainant is informed and believes , and upon such 23 information and belief alleges, that cross-defendants GRIBALDO , 24 JACOBS, JONES & ASSOCIATES, GRIBALDO, JONES & ASSOCIATES, MYRON 25 JACOBS, DANIEL J. RHOADES, and ROES I through VIII, and each of 26 them, did provide soil, foundation and geological engineering 27 �ooau�a,. 28 F.o.pox M M�MnRU ". ►«O -s- 00 X05 Wn ..... nie 30 Mammo.CA 010 1a1t1 MI•�D 1 services for cross-complainant, pursuant to a written and/or oral 2 contract or contracts, for the development and construction of the $ homes, lots and other works of improvement comprising Suhdiv"ions 4 3790 and 3856, and properties adjacent thereto, in the County of S Contra Costa, State of California. 6 VII . 7 Cross-complainant is informed and believes , and upon such 8 .information and belief alleges , that cross-defendant RIFFS, 9 SHIPHERD & JONES, INC . was , at all times relevant hereto , a corpor- 10 ation engaged in the profession of civil engineering and surveying, 11 and did regularly conduct such business and provide such engineer- 12 ing and surveying services within the County of Contra Costa, 13 State of California. 14 VIII . 15 Cross-complainant is informed and believes , and upon such 16 information and belief alleges , that cross-defendant RIFFE, PETERS 17 & JONES was, at all times relevant hereto, a partnership , the 18 successor in interest to all assets and liabilities of RIFFE, 19 SHIPHERD & JONES, INC. , and was engaged in the profession of civil 20 engineering and surveying, and did regularly conduct such business 21 and provide such engineering and surveying services within the 22 County of Contra Costa, State of California. 23 I%. 24 Cross-complainant is informed and believes, and upon such 25 information and belief alleges, that cross-defendants NORMAN T. 26 RIFFE, JOHN S. PETERS and ELWOOD G. JONES, and each of them, are, 27 and at all times herein mentioned were, registered civil engineers �,. 28 AMN&" K or licensed surveyors, employed by, or were the principals , F.o.fox on OMLAW.C400OU NO —4— MKI fi�i150 ?A Box 7t19 C" 90 FUKIM,W 9418 1 partners or owners of , RIFFE, SHIPHERD & JONES , INC. , and RIFFE, • 2 PETERS 6 JONES, and did regularly provide civil engineering and 3 surveying services within the County of Contra Costa, State o._f 4 California . b X. 6 Cross-complainant is informed and believes , and upon such 7 information and belief alleges , that cross-defendants RIFFE, 8 SHIPHERD & JONES, INC . , RIFFE, PETERS & JONES , NORMAN T . RIFFE, 9 JOHN S . PETERS , ELWOOD G . JONES and ROES IX through %II , and 10 each of them, did provide civil engineering and surveying services 11for this cross-complainant, pursuant to written and/or oral 12 contracts , for the development and construction of the homes , 13 lots and other works of improvement comprising Subdivisions 3790 14 and 3856, and properties adjacent thereto, in the County of Contra lb Costa, State of California. 16 %I . 17 Cross-complainant is informed and believes , and upon such 18 information and belief alleges that cross-defendant REDGWICR b 19 BANKE, INC. was, at all times relevant hereto, a corporation 20 engaged in the business of an excavation and grading contractor, 21 and did regularly conduct such business and provide such contracting 22 services, within the County of Contra Costa, State of California. 23 XII. 24 Cross-complainant is informed and believes, and upon such 25 information and belief alleges that cross-defendant REDGWICR 26 CONSTRUCTION COMPANY is, and at all times herein mentioned was, 27 28 P.0.WX I= 1501 FUMN STMT � . � � -s- 00 107 FO32 FA on 71,0 Sall F#AK=,Ca 5+11U UM"Sim 1 a corporation, partnership or sole proprietorship, and a successor 2 in interest to all assets and liabilities of REDGWICK b BANKE, INC . s XIII. 4 Cross-complainant is informed and believes , and upon such 5 information and belief alleges that cross-defendants REDGWICK b 6 BANKE, INC. , REDGWICK CONSTRUCTION COMPANY, and ROES XIII through 7 XV , and each of them, did provide excavation and grading contractor 8 services for this cross-complainant , pursuant to a written and/or 9 oral contract , or contracts , for the development and construction 10 of the homes , lots, and other works of improvement comprising 11 Subdivision 3790 and Subdivision 3856 , and properties adjacent 12 thereto, within the County of Contra. Costa, State of California. 13 XIV . 14 Cross-complainant is informed and believes , and upon such 15 information and belief alleges , that cross-defendants GARY JUSTICE 16 land ROES XVI through %VIII , and each of them, were, at all times 17 relevant hereto , contractors licensed pursuant to the laws of the 18 State of California, engaged in the business of grading and 19 excavating, and did regularly conduct such business and provide 20 such grading and excavating contractors services within the County 21 of Contra Costa, State of California. 22 XV. 23 Cross-complainant is informed and believes , and upon such 24 information and belief alleges , that cross-defendants .GARY JUSTICE 25 and ROES XVI through XVIII, and each of them, did provide _contract- 26 ing, excavation, and grading services for this cross-complainant, 27 - - -- pursuant to a written and/or oral contract, or contracts , for the WORNAW. 28 al"NaweW development and construction of the homes, lots , and other works of F.o.emt Ina na tea+snHI OAKLAND.CALIFORNIA 9=4 -6- "is 6- w,A w.auo 0 0 �� P.O..ox?119 s�MNCM,a win Was tl1.w 1 improvement comprising Subdivision 3790 and Subdivision 3856, and 2 the properties adjacent thereto , within the County of Contra Costa , 3 State of California. 4 XVI. 5 Cross-complainant is informed and believes , and upon such 6 information and belief alleges, that cross-defendants RICHARD R. 7 YACKLEY, INC . , RICHARD R. YACKLEY and ROES XIX through %XI , and 6 each of them, are, and at all times herein mentioned were , g 1contractors licensed pursuant to the laws of the State of Californi; 10 engaged in the business of grading and excavating contractors, and 11 did regularly provide such contracting , excavation and grading 12 services within the County of Contra Costa, State of California. 13 XVII. 14 Cross-complainant is informed and believes , and upon such 15 information and belief alleges , that cross-defendants RICHARD R. 16 YACKLEY, INC. , RICHARD R. YACKLEY, and ROES XIX through XXI, and 17 each of them, did provide contracting, excavating and grading 18 services for this cross-complainant, pursuant to a written and/or 20 oral contract, or contracts, for the development and construction 20 of the homes, lots and other works of improvement comprising 21 Subdivision 3790 and Subdivision 3856 , and the properties adjacent 22 thereto, within the County of Contra Costa, State of California. 23 XVIII. 24 Cross-complainant is informed and believes, and upon such 25 information and belief alleges , that cross-defendants COUNTY OF 26 CONTRA COSTA, and CONTRA COSTA COUNTY FLOOD CONTROL b MATER 27 CONSERVATION DISTRICT, and each :of them, are, and at all times Mom am. 28 aamaGUM /// P.o.WX TM sm PAMM STILET O NO.M."Ma"lien -7- �IE1I a 00 100 ►.e.toi ms wr Mac=,u$4120 MM lu...rm C C 1 herein mentioned were, public entities organized and existing 2 pursuant to the laws of the State of California. 2 %I%. 4 Cross-complainant is informed and believes , and upon such 5 information and belief alleges , that cross-defendants COUNTY OF 6 CONTRA COSTA, and CONTRA COSTA COUNTY FLOOD CONTROL 6 WATER 7 CONSERVATION DISTRICT, and each of them, did direct , control , order : 8 specify and approve the construction of the homes , lots , and other 9 works of improvement comprising Subdivisions 3790 and 3856 , and 10 the properties adjacent thereto, within the County of Contra Costa , 11 State of California, pursuant to mandatory obligations imposed 12 upon each of them by statute, ordinance , or other regulation. 13 XX. 14 Cross-complainant is informed and believes , and upon such 15 information and belief alleges , that cross-defendants COUNTY OF 16 CONTRA COSTA, and the CONTRA COSTA FLOOD CONTROL b WATER CONSERVA- 17 TION DISTRICT, and each of them, did further specify, direct and 18 order that certain specific improvements be constructed upon 19 plaintiffs' lots, which were constructed pursuant to such specifi- 20 cations, directions and orders by subcontractors retained by this 21 cross-complainant. 22 R%I. 23 Cross-complainant is informed and believes, and upon such 24 information and belief alleges , that the COUNTY OF CONTRA COSTA, 25 and the CONTRA COSTA COUNTY FLOOD CONTROL b WATER CONSERVATION 26 DISTRICT, and each of them, do, and at all times herein mentioned 27 did, own or control certain rights and interests in each of 28 JENSEN&GOT16 plaintiffs' lots, by easement, reservation, or otherwise. P.o.Box 12M UM FRUN A STOW OAKLAND.CALNONA 9M im 00 PO 32 P.O.Box 71,8 SAN f#xNCISCO.u 0120 l C • 1 XXII . 2 On or about November 14, 1983 and November 21 , 1983, this 3 cross-complainant filed its _claim and amended claim for indemnity, 4 respectively, with the COUNTY OF CONTRA COSTA and the CONTRA COSTA b COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT. Such amended 6 claim was duly rejected on its merits by the Contra Costa County 7 Board of Supervisors on December 13, 1983 . 8 XXIII . 8 Cross-complainant is informed and believes , and upon such 10 information and belief alleges , that cross--defendants , ROES %%II 11 through XXX, and each of them, are persons or entities which 12 negligently or in some other actionable manner caused or contribute 13 to the incidents and damages described in plaintiffs ' Complaint, if 14 lany there were. 16 X%IV . 16 On or about February 26, 1982, plaintiffs CLIFF HICKEY, 17 SHARON HICKEY, DEAN B. PORTER, GERALDINE L. PORTER, DANIEL 18 NEUMAYER, STEPHANIE NEUMAYER, JAY GRILLI, JUDY GRILLI, RICHARD 19 BROWN and DOLORES BROWN filed an action against this cross- 20 complainant in the Superior Court of California, County of Contra 21 Costa, entitled , "Cliff Hickey, et al . v. Dame' Construction 22 Company, Inc. , et al. " , Action No. 232 266 . Said Complaint , and 23 the subsequent Amended Complaints filed by said plaintiffs, 24 allege that they have been injured and damaged as the result of 25 subsidence and earth movement on their respective lots, caused 26 by defects or deficiencies in the construction of such lots, by the 27 result of and as the consequence of water flowing over and adjacent WNW". 28 aOGM&S" +e to such lots, and 'as the result of a failure to maintain the P.o.eox M aw AuwL snot ewuAro.cuFMA wen —9- 00 D$4M ` "BU r.6.r0 r» uN auna M a eruo u"n u..wn � C I property comprising the flood control easement or reservation on 8 lor adjacent to such lots . s XXV. 4 The Complaint of plaintiffs herein, and the subsequent J 5 Amended Complaints filed by said plaintiffs , are hereby incorporate 6 by reference, solely for the purpose of explaining plaintiffs ' 7 allegations , and by this incorporation, this cross-complainant 8 does not adopt as true or correct anv of the allegations or 9 averments of those pleadings . 10 XXV I . 11 Cross-complainant denies that it is in any way responsible 12 for the events or happenings or damages described in plaintiffs ' 13 Complaints . If this cross-complainant is held liable to plaintiffs 14 lor any of them, however , such liability will be predicated solely 15 upon the active and primary negligence of cross-defendants, and 16 each of them, in performing, or omitting to perform, the afore- 17 described duties, acts or obligations , upon their respective 18 breaches of the express and implied terms and conditions of their 19 contracts with this cross-complainant, upon their respective 20 breaches of mandatory obligations and duties imposed upon them 21 by statute, ordinance or regulation, or upon their respective 22 creation or maintenance of dangerous conditions of public and 23 private property, with actual and constructive knowledge thereof , 24 and any liability of this cross-complainant will be passive, 25 secondary, and of an indirect nature. 26 !/t 27 9pppNAIIAN. Z8 BEN a""TME P.0,SOX 120 "M FRANKLIN 61 RH OAKLAND.CALO M/A 904 _10— "is 0 PO 3! P.O.sox nu $AN MKISCO,CA 911n C C I XXVII . 2 In the event this cross-complainant is found liable to 3 plaintiffs, ar any of them, then the fault or liability of this 4 cross-complainant, if any, must be compared with the fault or 5 liability of all persons , parties or entities which contributed 6 in any way to the happening of the incident , or to the damages in 7 question, if any there were. Cross-complainant brings this action 5 lagainst cross-defendants so that its fault or liability , if any , 9can be ascertained, compared with, and apportioned among all the 10 other defendants and cross-defendants to this action. In the 11 event that this cross-complainant is held liable to plaintiffs, 12 or any of them, this cross-complainant will be entitled to compara- 13 tive indemnity among the various defendants and cross-defendants 14 to this action. 15 %XVIII. 16 An actual controversy arises and now exists between cross- 17 complainant and cross-defendants, and each of them, concerning 18 their respective rights and duties. - Cross-complainant contends, 19 and cross-defendants deny, that in the event cross-complainant is 20 subjected to any liability in this action, then cross-complainant 21 will be entitled to be indemnified by cross-defendants, and each 22 of them, for the full amount, or some proportionate share, of any 23 loss suffered or judgment paid by cross-complainant herein, and 24 for other expenses which may be incurred by cross-complainant- in 25 defending against plaintiffs' action, and in pursuit of this 26 Cross-complaint. 27 a s�ur�28 F.0.�o:tt►ts UN FROInM STMT owuAW.CAUFONu S" -11- o Mit D&M ►Ifll it ►.o.oox Ti» UM" MCIuo,CA bite . c c I Z%I%. 2 The adjudication of this Cross-complaint in connection with 3 plaintiffs' action herein will prevent a multiplicity of tri&ls, 4 will be in the furtherance of justice, and will further the 5 expedition of business of the above-entitled Court .. 6 WHEREFORE, this cross-complainant prays for judgment as 7 hereinafter set forth . 8 SECOND CAUSE OF ACTION 9 XXX. 10 Cross-complainant hereby incorporates , repleads and realleges 11 all of the allegations contained in Paragraphs I through %AV of 1Z the First Cause of Action as though the same were fully set forth 13 herein. 14 8%%I . 15 If there has been any act , omission, negligence, or other 16 actionable conduct on the part of this cross-complainant , such 17 act, omission, negligence or other actionable conduct was passive, 18 secondary and indirect. If the plaintiffs , or any of them, 19 establish and prove the existence of liability on the part of 20 this cross-complainant, the sole proximate cause of such plaintiffs 21 damages will be the primary and active negligence or conduct of 22 23 cross-defendants, and each of them, and because of said cross- defendants active and primary negligence or conduct, cross- 24 defendants, and each of them, are bound to indemnify this cross- 25 . complainant for and against any and all of the damages which it 26 may suffer by reason of a verdict in favor of plaintiffs, or any 27 of them, if any, and in addition thereto, for all damages by way NOPWAZ rw. 28 P.0.soil leas UN a STOW OAKL '°,CALF~NO -12- us woso .B32 00 114 P.O.80:ms SM PM=,a w,r NISI 5t1. { I of costs, expenses, attorneys' fees and other items and expenses 2 as appropriate under the circumstances . 3 WHEREFORE, cross-complainant prays for judgment as here4after 4 set forth. 5 THIRD CAUSE OF ACTION 6 XXXII . 7 i Cross-complainant hereby incorporates , repleads and realleges 8 all of the allegations contained in Paragraphs I through XXV of 9 the First Cause of Action as though the same were fully set forth 10 herein. 11 XXXIII. 12 Cross-complainant is informed and believes , and upon such 13 information and belief alleges , that cross-defendants, and each of 14 them, expressly agreed that they would defend, indemnify and hold 15 harmless this cross-complainant on account of any injury or damage 16 suffered by any person, and on account of any claims , demands , 17 costs , losses, damages or liabilities , caused in any way by any 18 defect, negligence, or other actionable conduct, active or passive, 19 for which cross-defendants, and each of them, could be held 20 legally responsible. 21 XXXIV. 22 Cross-complainant has performed all conditions precedent to 23 the obligations of cross-defendants, and each of _them, to defend, 24 indemnify and hold harmless cross-complainant from the allegations 25 of plaintiffs, and each of them, and by this Cross-complaint, cross 26 complainant does hereby tender its defense to cross-defendants, 27 and each of them. Cross-complainant is informed and believes , MOMAM. 28 JMNaSUM however, and upon such information and belief alleges, that P.0.WX tM "M F1MUM STFW oA M.MwoM"weo. -13- Nis Mad "Bu 00 115 R0.00x 7111 SM FRAN=.CA Milo • 1 cross-defendants have breached , and will breach, their agreement to 2 defend, indemnify and hold harmless this cross-complainant against s the allegations of plaintiffs herein, and have failed and refused 4 to defend, indemnify and hold harmless this cross-complainant 5 against the allegations of plaintiffs herein in the above-entitled 6 action. 7 WHEREFORE, cross-complainant prays for judgment, as follows : 8 1. For an Order and Declaration of the Court that. cross- 9 complainant is entitled to be indemnified , defended and held 10 1harmless against the allegations of plaintiffs, and each of them, 11 by cross-defendants, and each of them; 12 2. In the event that judgment is entered in favor of plain- 13 tiffs, or any of them, and against this cross-complainant , that a 14 judgment be entered in the same amount in favor of this cross- 15 complainant and against cross-defendants , and each of them; 16 3. For all damages suffered by cross-complainant by reason 17 of plaintiffs' Complaint; 18 4. For all costs and expenses incurred by cross-complainant 19 in defending itself from the claims of plaintiffs herein, and 20 incurred in preparation and in pursuit of this Cross-complaint; 21 S. For a separate Declaration of their respective degree 22 and percentages of fault or liability, if any, of cross-comp,lainan, 23 and cross-defendants; 24 6. For attorneys' fees and other necessary expenses; and 25 26 27 28 P.o.eat on M FRANKLM STRU OAKLAND.CAUFOWA Mea -14- "'S M-M 00 116 ►.o.pox m� iAN MW CUD,CA WIN 889111 y,.~ C C 1 7. For such other and further relief as the Court may deem 2 just and proper under the circumstances . 3 DATED: March 1, 1984 BOORNAZIAN, JENSEN & GARTZLE A professional Corporation- 4 orporation4 5 BY : 6 ROBERT B. LUECK Attorneys for Cross-complainant 7 DAME ' CONSTRUCTION COMPANY, INC . 10 11. 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 BooaN+►a�. 28 P.o.Box I= ouwBo.MWOMA. -1 S— 00 117 MU 11.0.Box nu sup Rcisto,a win #4151 I DECLARATION OF SERVICE BY FRAIL 2 3 I, the undersigned, declare: 4 That I am a citizen of the United States, over the ag( S of eighteen years, and not a party to the foregoing action; 6 that my business address is 279 Front Street, Danville, Califon 7 That on March 2, 1984 , I served copies of 8 FIRST AMENDED CRDSS-<X11PLAINr FOR INDEMITY 9 AND DE 2ARATION CF RIGHTS 10 11 by placing them in envelopes addressed as follows: 12 Robert Weck► Esq. Gerald R. Welch, Esq. Boornazian, Jensen & Garthe 441 Front Street 13 P. 0. Box 12925 Danville, CA 94526 Oakland, CA 94604 14 G. Kelley Reid, Jr., Esq. Bishop, Barry, Howe & Reid 1 S 220 Bush St. , Shite 350 San Francisco, CA 94104 16 17 which envelopes were then sealed and deposited, postage prepaid, 18 in the United States mail at Danville, California; that there 19 is regular service by mail between the place of deposition and 20 each of the foregoing addresses. 21 I declare under penalty of perjury that the foregoing 22 is true and correct. 23 Executed on March 2, 1984 , at Danville , 24 California. 23 26 LAW OFFICES nn.SMN.WGEN a M=V A PROFESSIONAL CORPORATION ®© 279 FRONT STREET DANVILLE.CA 9: 5 ] PROOF OF SERVICE BY MAIL - 2 I am a citizen of the-.United States. I am over the age of 3 eighteen years and not a party to the within above-entitled action. 4 Hy business address is 220 Bush Street, Suite 350, San Francisco, 5 California, 94104. 6 On March 27 - ® 198 ; I served - 7 the within Claim of Riffe, Peters & Jones, Claimant vs. Contra Costa County Flood Control & Water Conservation District g Respondent. 9 10 on all parties in said action, by placing a true copy 11 thereof in a sealed envelope, with postage thereon fully prepaid 12 in the United States Post Office Mail Box in San Francisco, 13 California, addressed as follows: 14 CLERK OF THE BOARD OF SUPERVISORS Michael W. Ruppreckt, Esq. 651 Pine Street Thiessen, Gagen & McCoy 15 Martinez, CA 94553 279 Front Street P.O. Box 218 16 Robert B. Lueck, Esq. Danville, CA 94256 Boornazian, Jensen & Garthe 17 A Professional Corporation 1504 Franklin Street 18 P.O. Box 12925 Oakland, CA 94604 19 Gerald R. Welch, Esq. 20 441 Front Street Danville, CA 94256 21 I declare under penalty of perjury that the foregoing is true 22 and correct. 23 Executed on March o?Z , 1984 at 24 San Francisco, California. 25 26 GLi L. ACKLEY 00 119 1 BISHOP , BARRY, HOWE & REID _ G. KELLEY REID, JR. , ESQ. 2 FREDRIC W. TRESTER, ESQ. 220 Bush Street, Suite 350 3 San Francisco, California 94104 Telephone: (415) 421-8550 4 Attorneys for Cross-Defendant 5 RIFFE, PETERS & JONES 6 3 I IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 CLIFF HICKEY, et al. , 11 Plaintiffs, NO. 232 266 12 vs. 13 DAME' CONSTRUCTION COMPANY, INC. , et al. , 14 Defendants. 15 / 16 DAME' CONSTRUCTION COMPANY, INC. , 17 18 Cross-complainant, VS. 19 _ GRIBALDO, JONES & ASSOCIATES; 20 GRIBALDO, JACOBS, JONES & ASSOCIATES; MYRON JACOBS; 21 DANIEL J. RHOADES; RIFFE, SHIPHERD & JONES, INC. ; 22 RIFFE, PETERS & JONES; NORMAN T. RIFFE; JOHN S. 23 PETERS; ELWOOD G. JONES; REDGWICK & BANKE, INC. ; 24 REDGWICK CONSTRUCTION COMPANY; RICHARD R. YACKLEY, INC. ; 25 RICHARD R. YACKLEY; GARY JUSTICE; COUNTY OF CONTRA 26 COSTA; CONTRA COSTA COUNTY 00 120 1 1 FLOOD CONTROL & WATER - CONSERVATION DISTRICT; and 2 ROES I through XXX, inclusive, 3 Cross-defendants. 4 In the Matter of the Claim of: 5 RZFFE, PETERS & JO:TES , 6 Claimant, 7 VS. 8 CONTRA COSTA COUNTY FLOOD 9 CONTROL & WATER CONSERVATION DISTRICT, 10 Respondent. 11 / 12 TO: CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT: 13 YOU ARE HEREBY NOTIFIED that RIFFS, PETERS & JONES, claims 14 15 equitable indemnity from CONTRA COSTA COUNTY FLOOD CONTROL & WATER 16 CONSERVATION DISTRICT, for any amounts obtained by cross-complainant 17 DAME' CONSTRUCTION COMPANY, INC. , or from any other party, from 18 RIFFE, PETERS & JONES, in the action entitled, Cliff Hickey, et al. , plaintiffs, vs. Dame' Construction Company, Inc. , et al. , defendants 19 Action Number 232 266 , filed in the Superior Court of Contra Costa 20 County of the State of California. 21 j This claim is based on the Cross-Complaint for Indemnity 22 23 and Declaration of Rights, and the First Amended Cross-Complaint for Indemnity and Declaration of Rights, filed by Dame' Construction 24 Company, Inc. , on or about January 3, 1983 and March 2, 1984, 25 - respectively. Dame' Construction Company, Inc. ' s Cross-Complaint 26 -2- 00 121 . k I was served upon Riffe, Peters & Jones on or after January 18, _ 2 1984, and tneir First Amended Cross-Complaint for Indemnity and 3 Declaration of Rights was served on Riffe, Peters & Jones on 4 March 2, 1984. The First Amended Cross-Complaint for Indemnity 5 and Declaration of Rights is attached hereto as Exhibit "A" and 6 incorporated herein by reference for illustrative purposes only. 7 Cross-complainant, Dame' Construction Company, Inc. , have 8l prayed in the above-referenced action: 9 �1 1. For an order and declaration of the court that cross- 10 complainant is entitled to be indemnified, defended and held 11 harmless against the allegations of plaintiffs, and each of them, 12 by cross-defendants, and each of them; 13 2. That in the event that judgment is entered in favor of 14 plaintiffs, or any of them, and against this cross-complainant, that 15 a judgment je entered in the same amount in favor of Dame' Construc- 16 tion and against cross-defendants, and each of them; 17 3. For all damages suffered by Dame' Construction Company, 18 by reason of plaintiffs' Complaint; 19 4. For all costs and expenses incurred by Dame' Construction 20 Company in defending itself from the claims of plaintiffs herein, 21 and incurred in preparation and pursuant of this cross-complaint; 22 5. For a separate declaration of the respective degree 23 and percentage of fault for liability, if any, of cross-complainant 24 and cross-defendants; 25 6. For attorneys' fees and other necessary expenses; and 26 7. For such other and further relief as the court may deem -3- 00 122 1 just and proper under the circumstances. _ 2 No specific amounts are known at this time, but this Pub- 3 lic Entity will be notified when said amounts are determined. 4 All notices or other communications with regard to this 5 claim should be sent to G. Kelley Reid, Jr. of Bishop, Barry, 6 !� Rowe & Reid , 220 Bush Street, Suite 350, San Francisco, California 7 1I 94104 . `i 8 �� DATED: March 26 , 1984 . 1 9 i� BISHOP, BARRY, HOWE & REID 10 11 By FREDRIC W. TRESTER 12 Attorneys for Claimant RIFFE, PETERS & JONES 13 14 15 16 17 18 19 20 Al 21 . 22 23 24 25 26 -4- 00 123. ' ROBERT B. LUEL, ESQ. : 69436 RECEIV(.) ".R 19Ry `�+ 1 BOORNAZIAN, JENSEN & GARTHE A Professional Corporation Z 1504 Franklin Street P.O. Box 12925 3 Oakland, CA 94604 Telephone: (415) 834-4350 - 4 Michael W. Rupprecht, Esq. 0 5 THIESSEN, GAGEN & McCOY 279 Front Street p 6 P .O. Box 218 Danville, CA 94526 7 Telephone : (415) 837-0585 8 Attorneys for DAME ' CONSTRUCTION COMPANY , INC . 9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 10 CLIFF HICKEY, et al . , ) NO. 232 266 11 �Plaintiffs , 12 ) VS . ' ) 13 ) DAME' CONSTRUCTION COMPANY, ) 14 INC. , et al. , ) 15 Defendants. ) 16 ) FIRST AMENDED CROSS-COMPLAINT DAME' CONSTRUCTION COMPANY, ) FOR INDEMNITY AND DECLARATION 17 INC. , ) OF RIGHTS 18 Cross-complainant , ) 19 vs. ) EO GRIBALDO, JONES & ASSOCIATES; ) GRIBALDO, JACOBS, JONES & ) $1 ASSOCIATES; MYRON JACOBS ; ) DANIEL J. RHOADES; RIFFE, ) 8E SHIPHERD & JONES, INC. ; ) RIFFE, PETERS & JONES; ) 83 NORMAN T. RIFFE; JOHN S. ) PETERS; ELWOOD G. JONES; ) 84 REDGWICR & BANKE, INC. ; ) REDGWICR CONSTRUCTION COMPANY; ) 85 RICHARD R. YACKLEY, INC. ; ) RICHARD R. YACKLEY; GARY ) 26 JUSTICE; COUNTY OF CONTRA �7 COSTA; CONTRA COSTA COUNTY ---- ) FLOOD CONTROL & WATER ) CONSERVATION DISTRICT; and ) 28 ROES I through B%%, inclusive, ) �iEM�iANTME V.0.wetw ) =FRAMNSI I Cross-defendants. ) "ate ) 00 124 P.O.al>a .` s MM Man,CA MtlO N/il 5414OW 1 DAME' CONSTRUCTION COMPANY, INC. alleges as follows : g FIRST CAUSE OF ACTION S I. - 4 The true names and capacities, whether individual, corporate 5 or otherwise, of cross-defendants, ROES I through XXX, and each of 6 them, are unknown to this cross-complainant , who therefore sues sai 7 cross-defendants by such fictitious names , and cross-complainant 8 1 prays leave to amend this Cross-complaint to show such true names 9 and capacities, together with appropriate charging allegations , if 10 needed, when the same are ascertained . Cross-complainant is 11 informed and believes , and upon such information and belief alleges 12 that cross-defendants , ROES I through XXX, and each of them, 13 negligently or in some other manner caused or contributed to the 14 events and damages alleged in plaintiffs ' Complaint , if any there 15 were, and are thereby liable to this cross-complainant . 16 II. 17 At all times .herein mentioned, cross-defendants, and each of 18 them, were the agents, servants, joint venturers, or employees of 19 all the other cross-defendants named herein, and were acting within 20 the course and scope of said agency, employment or joint venture. 21 III. 22 DAME' CONSTRUCTION COMPANY, INC. is , and at all times herein 23 mentioned was, a corporation organized and existing pursuant to the 24 laws of the State of California, and is, and at all times herein 25 mentioned was, engaged in the business of developing residential 26 homes and lots within the County of Contra Costa, State of 27 California. 28 F.o."1 mrs "1 F"am"STPW WAAW.CAUFO MA"M -2- «� 00 125 t.e.eo�c ms I IV. 2 Cross-complainant is informed and believes, and upon such 3 information and belief alleges, that cross-defendants GRIBALPO, 4 JACOBS, JONES b ASSOCIATES, GRIBALDO, JONES 6 ASSOCIATES, and 5 ROES I through III, and each of them, were at all times relevant 6 hereto , corporations , partnerships or sole proprietorships engaged 7 in the profession of soil , foundation and geological engineering , 8 and did regularly conduct such business and provide such engineer- 9 tng services within the County of Contra Costa , State of California 10 V. 11 Cross-complainant is informed and believes , and upon such 12 information and belief alleges , that cross-defendants MYRON JACOBS , 13 DANIEL J. RHOADES , and ROES IV through VIII, and each of them, 14 were at all times relevant hereto, registered civil engineers , 15 practicing soil engineers , or registered engineering geologists , 16 employed by, or were principals , partners or owners of , GRIBALDO , 17 JACOBS, JONES b ASSOCIATES, GRIBALDO, JONES b ASSOCIATES , or ROES 18 I, II or III, and each of them, and did regularly provide soil, 19 foundation and geological engineering services within the County of 20 Contra Costa, State of California. 21 VI. 22 Cross-complainant is informed and believes , and upon such 23 information and belief alleges, that cross-defendants GRIBALDO, 24 JACOBS, JONES b ASSOCIATES, GRIBALDO, JONES & ASSOCIATES, MYRON 25 JACOBS, DANIEL J. RHOADES, and ROES I through VIII, and each of 26 them, did provide soil, foundation and geological engineering 27 rooau�tuw. 28 asp a wrr►e i/i F.0.WX I= M FUnsN STPW OUnAND.CA Was«a -3- o 2 wm U&MO Wn P.O.001 n» W"MMCO.CA"IN mist sa1.�eo 1 services for cross-complainant , pursuant to a written and/or oral 2 contract or contracts, for the development and construction of the 3 homes, lots and other works of improvement comprising Subdivisions 4 3790 and 3856, and properties adjacent thereto, in the County of 5 Contra Costa, State of California. 6 VII . 7 Cross-complainant is informed and believes , and upon such 8 information and belief alleges , that cross-defendant RIFFE, 9 SHIPHERD S JONES , INC . was , at all times relevant hereto, a corpor- 10 ation engaged in the profession of civil engineering and surveying, 11 and did regularly conduct such business and provide such engineer- 12 ing and surveying services within the County of Contra Costa, 13 State of California. 14 VIII. 15 Cross-complainant is informed and believes , and upon such 16 information and belief alleges , that cross-defendant RIFFE, PETERS 17 JONES was, at all times relevant hereto, a partnership, the 18 successor in interest to all assets and liabilities of RIFFE, 19 SHIPHERD & JONES, INC. , and was engaged in the profession of civil EG engineering and surveying, and did regularly conduct such business Zl land provide such engineering and surveying services within the 22 County of Contra Costa, State of California. 23 I%. 24 Cross-complainant is informed and believes, and upon such 25 information and belief alleges, that cross-defendants NORMAN T. 26 RIFFE, JOHN S. PETERS and ELWOOD G. JONES, and each of them, are, 27 and at all times herein mentioned were, registered civil engineers wwxoza. 28 ie+a"OK or licensed surveyors, employed by, or. were the principals , P.o.sac rm aM"Aicao snWS oaKuio.CAURMA NO -4- mss>s-m MV 00 12127 ►.s.sox nn 10 HMO=.CA snls Inst Yt.sM 1 partners or owners of , RIFFE, SHIPHERD & JONES , INC. , and RIFFE , ,Z PETERS & JONES, and did regularly provide civil engineering and 3 surveying services within the County of Contra Costa, State of 4 California. bX. 6 Cross-complainant is informed and believes , and upon such 7 information and belief alleges , that cross-defendants RIFFE, $ SHIPHERD b JONES, INC . , RIFFE, PETERS & JONES , NORMAN T . RIFFE, 9 JOHN' S . PETERS , ELWOOD G . JONES and ROES I% through %II, and 10 each of them, did provide civil engineering and surveying services 11 for this cross-complainant, pursuant to written and/or oral 12 contracts , for the development and construction of the homes , 13 lots and other works of improvement comprising Subdivisions 3790 14 and 3856, and properties adjacent thereto, in the County of Contra lb Costa, State of California. 16 %I. 17 Cross-complainant is informed and believes , and upon such 18 information and belief alleges that cross-defendant REDGWICR b 19 BANRE, INC. was, at all times relevant hereto, a corporation 20 engaged in the business of an excavation and grading contractor, 21 and did regularly conduct such business and provide such contracting 22 services within the County of Contra Costa, State of California. 23 XII. 24 Cross-complainant is informed and believes , and upon such 25 information and belief alleges that cross-defendant REDGWICR 26 CONSTRUCTION COMPANY is, and at all times herein mentioned was, 27 WOMUM. 26 P.0.wz tm as maw STFW 4MG&M ' -s- 00 128 MV ►.1.=nil IM RM=W.a Win 60M W4M � c 1 a corporation, partnership or sole proprietorship, and a successor 2 in interest to all assets and liabilities of REDGWICK b BANKE, INC . ,Z XIII. 4 Cross-complainant is informed and believes , and upon such 5 information and belief alleges that cross-defendants REDGWICK 6 6 IBANKE , INC. , REDGWICK CONSTRUCTION COMPANY , and ROES XIII through 7 XV , and each of them, did provide excavation and grading contractor 8 services for this cross-complainant , pursuant to a written and/or oral contract , or contracts , for the development and construction 10 of the homes , lots, and other works of improvement comprising 11 Subdivision .3790 and Subdivision 3856 , and properties adjacent 12 thereto , within the County of Contra Costa, State of California. 13 XIV. 14 Cross-complainant is informed and believes , and upon such 15 information and belief alleges , that cross-defendants GARY JUSTICE 16 land ROES XVI through XVIII, and each of them, were, at all times 17 relevant hereto , contractors licensed pursuant to the laws of the 18 State of California, engaged in the business of grading and 19 excavating, and did regularly conduct such business and provide 20 such grading and excavating contractors services within the County 21 of Contra Costa, State of California. 22 XV. - 23 Cross-complainant is informed and believes , and upon such 24 information and belief alleges , that cross-defendants GARY JUSTICE 25 and ROES XVI through XVIII, and each of them, did provide contract- 26 iag, excavation, and grading services for this cross-complainant, 27 pursuant to a written and/or oral contract, or contracts , for the OW02M. 28 Awratvm development and construction of the homes, lots, and other works of F.0.WK I= "N FIUMQM STRU OMLMD.CALF MA"M -6- Mr.�wateo "BI 00 129 ..o.W nn SM MNM O,G WN uM waw . C C 1 improvement comprising Subdivision 3790 and Subdivision 3856, and 2 the properties adjacent thereto, within the County of Contra Costa , s State of California. 4 1 %V I. 5 Cross-complainant is informed and believes , and upon such 6 information and belief alleges , that cross-defendants RICHARD R. 7 YACKLEY, INC , , RICHARD R. YACKLEY and ROES %I% through %%I, and 6 each of them, are, and at all times herein mentioned were, 9 contractors licensed pursuant to the laws of the State of California 10 engaged in the business of grading and excavating contractors , and 11 did regularly provide such contracting, excavation and grading 12 services within the County of Contra Costa, State of California. 13 XVII . 14 Cross-complainant is informed and believes , and upon such 15 information and belief alleges , that cross-defendants RICHARD R. 16 YACKLEY, INC. , RICHARD R. YACKLEY, and ROES BI% through BBI, and 17 each of them, did provide contracting, excavating and grading 18 services for this cross-complainant, pursuant to a written and/or 19 oral contract, or contracts, for the development and construction 20 of the homes, lots and other works of improvement comprising 21 Subdivision 3790 and Subdivision 3856 , and the properties adjacent 22 thereto, within the County of Contra Costa, State of California. 23 %VIII. 24 Cross-complainant is informed and believes , and upon such 25 information and belief alleges , that cross-defendants COUNTY OF 26 CONTRA COSTA, and CONTRA COSTA COUNTY FLOOD CONTROL & WATER 27 CONSERVATION DISTRICT, and each :of them, are, and at all times MUN awme28 P.o.WX=0 "W" M a s"W GUMAW.CAUM MA13 0�M� —7— HMn ".in 7111 w mato,a Mtm f"al U,_� 1 herein mentioned were, public entities organized and existing 2 pursuant to the laws of the State of California. 3 RIX. 4 Cross-complainant is informed and believes , and upon such 5 information and belief alleges , that cross-defendants COUNTY OF 6 CONTRA COSTA, and CONTRA COSTA COUNTY FLOOD CONTROL 6 WATER 7 CONSERVATION DISTRICT, and each of them, did direct ; control , order , 8 specify and approve the construction of the homes , lots , and other 9 works of improvement comprising Subdivisions 3790 and 3856, and 10 the properties adjacent thereto , within the County of Contra Costa , 11 State of California, pursuant to mandatory obligations imposed 12 upon each of them by statute, ordinance , or other regulation. 13 XX. 14 Cross-complainant is informed and believes , and upon such 15 information and belief alleges , that cross-defendants COUNTY OF 16 CONTRA COSTA, and the CONTRA COSTA FLOOD CONTROL 6 WATER CONSERVA- 17 TION DISTRICT, and each of them, did further specify, direct and 18 order that certain specific improvements be constructed upon 19 plaintiffs' lots, which were constructed p pursuant to such specifi- 20 cations, directions and orders by subcontractors retained by this 21 cross-complainant. 22 RXI. 23 Cross-complainant is informed and believes, and upon such 24 information and belief alleges , that the COUNTY OF CONTRA COSTA, 25 and the CONTRA COSTA COUNTY FLOOD CONTROL b WATER CONSERVATION 26 DISTRICT, and each of them, do , and at all times herein mentioned 27 did, own or control certain rights and interests in each of WON"". 28 a"And plaintiffs ' lots, by easement, reservation, or otherwise. P.o.WX,ta"s "M FKMMM MO MAUM.GLOMA 944 -8- 4AIN 04-M MF"is 00 131 ZU M M CO.a snm u.a u•.wn c c I XXII. 2 On or about November 14, 1983 and November 21 , 1983, this 3 cross-complainant filed its claim and amended claim for indemnity, 4 respectively, with the COUNTY OF CONTRA COSTA and the CONTRA COSTA 5 COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT. . Such amended 6 claim was duly rejected on its merits by the Contra Costa County 7 Board of Supervisors on December 13 , 1983 . 8 $XIII . 9 Cross-complainant is informed and believes , and upon such 10 information and belief alleges , that cross-defendants , ROES BXII 11 through XXX, and each of them, are persons or entities which 12 negligently or in some other actionable manner caused or contributes 13 to the incidents and damages described in plaintiffs' Complaint , if 14 any there were. 15 XXIV . 16 On or about February 26, 1982 , plaintiffs CLIFF HICKEY, 17 SHARON HICKEY, DEAN B. PORTER, GERALDINE L. PORTER, DANIEL 18 NEUMAYER, STEPHANIE NEUMAYER, JAY GRILLI, JUDY GRILLI, RICHARD 19 BROWN and DOLORES BROWN filed an action against this cross- 20 complainant in the Superior Court of California, County of Contra 21 Costa, entitled , "Cliff Hickey, et al . v. Dame' Construction 22 Company, Inc. , et al." , Action No. 232 266 . Said Complaint , and 23 the subsequent Amended Complaints filed by said plaintiffs, 24 allege that they have been injured and damaged as the result of 25 subsidence and earth movement on their respective lots, caused 26 by defects or deficiencies in the construction of such lots , by the 27 result of and as the consequence of water flowing over and adjacent roowua„�,. 28 aseLum to such lots, and as the result of a failure to maintain the P.o.We%W UN RANO M STOW OAQAW.CALFM""M -9- " 66-M 00 139 MR te.fox n» SAM R MMCO.CA!1110 � c 1 property comprising the flood control easement or reservation on 2 or adjacent to such lots . Z XXV. 4 The Complaint of plaintiffs herein, and the subsequent 5 Amended Complaints filed by said plaintiffs , are hereby incorporate 6 by reference, solely for the purpose of explaining plaintiffs ' 7 allegations , and by this incorporation, this cross-complainant 8 does not adopt as true or correct any of the allegations or 9 averments of those pleadings . 10 XBVI . 11 Cross-complainant denies that it is in any way responsible 12 for the events or happenings or damages described in plaintiffs ' 13 Complaints . If this cross-complainant is held liable to plaintiffs' 14 or any of them, however , such liability will be predicated solely 15 upon the active and primary negligence of cross-defendants, and 16 each of them, in performing, or omitting to perform, the afore- 17 described duties, acts or obligations , upon their respective 18 breaches of the express and implied terms and conditions of their 19 contracts with this cross-complainant, upon their respective 20 breaches of mandatory obligations and duties imposed upon them E1 by statute, ordinance or regulation, or upon their respective 22 creation or maintenance of dangerous conditions of public and 23 private property, with actual and constructive knowledge thereof , 24 and any liability of this cross-complainant will be passive, 25 secondary, and of an indirect nature. 26 27 �ooiou►zw+. 28 P.o.WX Ina ua Fara S"W OULAW.CU FgMIA wa _10- US 0&A60 P.O. >: 00 133 "I"is sU PAWN,a wIm 08991 I %XVII . 2 In the event this cross-complainant is found liable to 3 plaintiffs, or any of them, then the fault or liability of thds 4 cross-complainant, if any, must be compared with the fault or 6 liability of all persons , parties or entities which contributed 6 in any way to the happening of the incident , or to the damages in 7 question, if any there were. Cross-complainant brings this action 8 against cross-defendants so that its fault or liability, if any, 9 can be ascertained, compared with, and apportioned among all the 10 other defendants and cross-defendants to this action. In the 11 event that this cross-complainant is held liable to plaintiffs, 12 or any of them, this cross-complainant will be entitled to compara- 13 tive indemnity among the various defendants and cross-defendants 14 to this action. lb XXVIII. 16 An actual controversy arises and now exists between cross- 17 complainant and cross-defendants, and each of them, concerning 18 their respective rights and duties. Cross-complainant contends, 19 and cross-defendants deny, that in the event cross-complainant is 20 subjected to any liability in this action, then cross-complainant 21 will be entitled to be indemnified by cross-defendants, and each 22 of them, for the full amount, or some proportionate share, of any 23 loss suffered or judgment paid by cross-complainant herein, and 24 for other expenses which may be incurred by cross-complainant in 25 defending against plaintiffs' action, and in pursuit of this 26 Cross-complaint . 27 Ill BooiwAnAN. 28 JMMSUM P.o.Box UM "M Roam STYW &#XUU0.CAUFORMA IM -11- SM no-= PO U UN RAM N0.CA Min 00 134 . N.f1 91-0 will c C 1 XBIZ. 2 The adjudication of this Cross-complaint in connection with 3 plaintiffs' action herein will prevent a multiplicity of trikls, 4 will be in the furtherance of justice, and will further the 5 expedition of business of the above-entitled Court .. 6 WHEREFORE, this cross-complainant prays for judgment as 7 hereinafter set forth. 8 SECOND CAUSE OF ACTION 9 XXX. 10 Cross-complainant hereby incorporates , repleads and realleges 11 all of the allegations contained in Paragraphs I through RRV of 12 the First Cause of Action as though the same were fully set forth 13 herein. 14 XXXI . 15 If there has been any act , omission, negligence, or other 16 actionable conduct on the part of this cross-complainant , such 17 act, omission, negligence or other actionable conduct was passive, 18 secondary and indirect. If the plaintiffs , or any of them, 19 establish and prove the existence of liability on the part of 20 this cross-complainant, the sole proximate cause of such plaintiffs' 21 damages will be the primary and active negligence or conduct of 22 cross-defendants, and each of them, and because of said cross- .23 defendants active and primary negligence or conduct , cross- 24 defendants, and each of them, are bound to indemnify this cross- 25 complainant for and against any and all of the damages which it 26 may suffer by reason of a verdict in favor of plaintiffs, or any 27 of them, if any, and in addition thereto, for all damages by way Opp�,u,. Z8 r.o.toI,aQs M FPAIXM STMT ONUAM.CAUFM p1A VAN � -12- im 00 13* MV r.0.00I MS so EMU=.a"in 0151 fAt- 1 of costs, expenses, attorneys' fees and other items and expenses 2 as .appropriate under the circumstances . S I WHEREFORE, cross-complainant prays for judgment as herei-nafter 4 set forth. 5 THIRD CAUSE OF ACTION 6 XXXII . 7 Cross-complainant hereby incorporates , repleade and realleges 8 all of the allegations contained in Paragraphs I through XXV of 9 the First Cause of Action as though the same were fully set forth 10 herein. 11 %%XIII. 12 Cross-complainant is informed and believes , and upon such 13 information and belief alleges, that cross-defendants, and each of 14 them, expressly agreed that they would defend, indemnify and hold 15 harmless this cross-complainant on account of any injury or damage 16 suffered by any person, and on account of any claims , demands , 17 costs, losses, damages or liabilities , caused in any way by any 18 defect, negligence, or other actionable conduct, active or passive, 19 for which cross-defendants, and each of them, could be held 20 legally responsible. 21 X%XIV. 22 Cross-complainant has performed all conditions precedent to .23 the obligations of cross-defendants, and each of them, to defend, 24 indemnify and hold harmless cross-complainant from the allegations 25 of plaintiffs, and each of them, and by this Cross-complaint , cross- 26 complainant does hereby tender its defense to cross-defendants, 27 and each of them. Cross-complainant is informed and believes , roowr+AaA«. 28 &OWNWA'K however, and upon such information and belief alleges, that F.o.Sox uas "M FRUnN STFW OIKU ,C"F"A 9O -13- ",s� Mn oo 13s ►A.In 7119 UM FRAM M.CA 911n 1 cross-defendants have breached, and will breach, their agreement to 2 defend, indemnify and hold harmless this cross-complainant against 3 the allegations of plaintiffs herein, and have failed and refused 4 to defend, indemnify and hold harmless this cross-complainant 5 against the allegations of plaintiffs herein in the above-entitled 6 action. 7 WHEREFORE, cross-complainant prays for judgment, as follows : 8 1 . For an Order and Declaration of the Court that cross- 9 complainant is entitled to be indemnified , defended and held 10 harmless against the allegations of plaintiffs , and each of them, 11 by cross-defendants , and each of them; 12 2. In the event that judgment is entered in favor of plain- 13 tiffs, or any of them, and against this cross-complainant , that a 14 judgment be entered in the same amount in favor of this cross- 15 complainant and against cross-defendants , and each of them; 16 3. For all damages suffered by cross-complainant by reason 17 of plaintiffs' Complaint; 18 4. For all costs and expenses incurred by cross-complainant 19 in defending itself from the claims of plaintiffs herein, and 20 incurred in preparation and in pursuit of this Cross-complaint; Z1 S. For a separate Declaration of their respective degree 22 andercenta es of fault or liabilit if p g y, any, of cross-complainant 23 and cross-defendants ; 24 6. For attorneys' fees and other necessary expenses; and 25 26 27 28 P.o.an on ISM FPMMM STMT waAM.GlfoMw IM -14- MIN G&M 1,613! LU .uMIN00 137 �,. C C • 1 7. For such other and further relief as the Court may deem 2 just and proper under the circumstances . 3 DATED: March 1, 1984 BOORNAZIAN, JENSEN b GARTgE A professional Corporation 4 5 BY: 6 ROBERT B. LUECK Attorneys for Cross-complainant 7 DAME ' CONSTRUCTION COMPANY, INC . 9 10 11 12 /!! 13 !!! 14 15 16 17 18 19 EO 22 23 24 25 26 27 aooaM+►a 28 �,IISEM a 6A11T11E /// P.o.sdz rae "M FUM MO STMT GMU Mo.CAUFOMM W" -15- HISI CM4350 00 138 "Ou P.C.W1 Till w�FUUM.ca.wtte 44151WAM . i 1 DECLARATION OF SERVICE BY MAIL 2 3 I, the undersigned, declare: 4 That I am a citizen of the United States, over the age 5 of eighteen years, and not a party to the foregoing action; 6 that my business address is 279 Front Street, Danville, Califorr. 7 That on March 2, 1984 I served copies of 8 FIRST ANTED CROSS-MIPIAI TT FOR INDEM TITY 9 AND DDCSARATIM OF RIGMS 10 11 by placing them in envelopes addressed as follows: 12 Robert Imek, Esq. Gerald R. Welch, Esq. Boornazian, Jensen & Garthe 441 Front Street - 13 P. O. Box 12925 Danville, CA 94526 Oakland, CA 94604 14, G. Relley Reid, Jr., Esq. Bishop, Barry, Howe & Reid 15 220 Bush St. , Suite 350 San Francisco, CA 94104 16 17 which envelopes were then sealed and deposited, postage prepaid, 18 in the United States mail at Danville, California; that there 19 is regular service by mail between the place of deposition and 20 each of the foregoing addresses. 21 I declare under penalty of perjury that the foregoing 22 is true and correct. 23 Executed on March 2, 1984 , at Danville , 24 California. 25 -a/u�Yo�. 26 LAW OFFICES tWE6SEN.GAGEM a ansa. A PROFESSIONAL CORPORATION 279 FRONT STREET O 139 - DANVILLE.CA 9: 'S Tr. e•.nree . • I y I 1 I PROOF OF SERVICE BY MAIL _ 2 I am a citizen of the--United States. I am over the age of 3 eighteen years and not a party to the within above-entitled action. 4 My business address is 220 Bush Street, Suite 350, San Francisco, ' 5 California, 94104. 6 On - _ March . 27 -- ---- -----...-- - --F 198A,7 1_. serve 7 the within Claim of Riffe, Peters & Jones, Claimant vs. Contra Costa County Flood Control & Water Conservation District 8 Respondent. 9 10 on all parties in said action, by placing a true copy 11 thereof in a sealed envelope, with postage thereon fully prepaid 12 in the United States Post Office Mail Box in San Francisco, 13 California, addressed as follows: 14 CLERK OF THE BOARD OF SUPERVISORS Michael W. Ruppreckt, Esq. 651 Pine Street Thiessen, Gagen & McCoy 15 Martinez, CA 94553 279 Front Street P.O. Box 218 16 Robert B. Lueck, Esq. Danville, CA 94256 Boornazian, Jensen & Garthe 17 A Professional Corporation 1504 Franklin Street 18 P.O. Box 12925 Oakland, CA 94604 19 Gerald R. Welch, Esq. -20 441 Front Street - - Danville, CA 94256 r 21 I declare under penalty of perjury that the foregoing is true 22 and correct. 23 Executed on March 1984 at 24 San Francisco, California. 25 26 774 L. ACKLEY 00 .1U