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HomeMy WebLinkAboutMINUTES - 05221984 - 1.22 CLMN MW or BMW WN or d3w cownt BOARD ACTION may 22 , 1984 Claim Against the'0ounty, ar District ) 1 MCC TO C RI4W Ro�utinngg by and Boof ard j The acti� the action taken on y= claire by is the Action. All Section references are ) Board of Supervisors (Paragraph Iv, be3cM), to California Goverment Codes ) given pursuant to Gove nment 0ode Section 913 and 915.4. Please note all 'Mornings•. Claimant: John W. Parent Attorney: Paul L. Rein Attorney at Law Address: 427 Grand Avenue Oakland, CA 94610 Amount: $100 , 000 By delivery to clerk on April 26 , 1984 Date Received: April 26 , 1984 By mail, postmarked on April 24, 1984 I. PROM: Eferk Of-the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. • 9 J.R. OLSSON Clerk -uC Lt Dated. April 2 6 , 1 8 4 , r By Deputy Kell R. Calhoun II. FROM: County Counsel 70: Clerk of the Board of Supero cors (Check only one) (X) This claim ccnplies 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 93-1.3). ( ) Other: Dated: By: Deputy County Counsel III. PROM: Clerk of the Board TO: (1 Canty Cassel, (2) Cc9ty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD Qirtal By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Reeni DuBois Dated: May 22 , 1984 J. R. O[SSON, Clerk, By. Deputy Clerk NEENIOMMENEWN 1�MG (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 no iiemediately. V. PROM: Clerk of the Board 70: (1) County 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. DA7M: May 22 , 1984 J. R. C SSON, Clerk, By Deputy Clerk CC: County Administrator (1) County Counsel (2) 00 024 ` CLAIM I PAUL L. REIN 427 Grand Avenue 2 Oakland, California 94610 Telephone: (415) 832-5001 RECEIV , ✓ 3 4 Attorney for Claimant APRT 1884 5 J. . o:s_cx� ae�uc �:2vrSORS 6 - puty7 8 CLAIM FOR DAMAGES FOR PERSONAL INJURIES ON BEHALF OF JOHN W. PARENT S 10 TO: CITY OF CONCORD Office of the City Clerk 11 1950 Parkside Drive Concord, CA 94519 12 COUNTY OF CONTRA COSTA 13 Office of the County Clerk Courthouse 14 P. 0. Box 911 Martinez , CA 94553 15 16 YOU WILL PLEASE TAKE NOTICE that the undersigned hereby 17 serves and makes demand upon you for the cause and amounts set 18 forth in the following claim: 19 Claimant: JOHN W. PARENT 102 Chilpancingo Parkway 20 Apt. 120 21 Pleasant Hill, CA 94523 22 Claimant ' s address t6 which notices are to be sent: 23 JOHN W. PARENT c/o Paul L. Rein 24 Attorney at Law 427 Grand Avenue 25 Oakland, CA 94610 26 Amount of Claim: Estimated at this time to be $100,000 for general and special 27 , damages. 28 LAW OFMCK6 or PAUL I* REIN •[7 011AN0 AV[M1I[ OA�(LAN o.CA 04610 •ts/sas•5001 00 . 025 1 Date and Place of January 23, 1984 Occurrence Giving Rise Concord Civic Center, in 2 to the Claim: the parking lot area and approaches to the City 3 Hall and the courtyard. 4 Description of Occurrence: On or about January 23, 1984, 5 Claimant JOHN W. PARENT, who requires the use of a wheelchair for 6 locomotion, parked his van in the marked handicapped parking area 7 of the Civic Center parking lot at approximately 7 p.m. and 8 attempted to reach the City Council meeting at City Hall. His 9 wheelchair went off the end of the sidewalk at one area due to a 10 dangerous condition of public property and negligence on the part 11 of the public entity defendants and their agents in designing, 12 building, maintaining and lighting the area, particularly in 13 regard to handicapped persons in wheelchairs whose use of the 14 ,facilities was foreseeable. 15 Plaintiff does not know the names of the agents, servants 16 and employees of the public entities above named, CITY OF CONCORD 17 and COUNTY OF CONTRA COSTA, who were responsible for the dangerous 18 condition of the public property in the areas between the parking 19 lot and the Council chambers. 20 The area is improperly designed, constructed and maintained 21 and poorly lighted, so that it is not reasonably safe for the i 22 foreseeable use of wheelchair users attempting to reach the City 23 Council chambers from the parking lot at night. On information 24 and belief, those responsible for the design, building, and 25 maintenance of said areas are the CITY OF CONCORD and the COUNTY 26 OF CONTRA COSTA. 27 Additionally, there are improper directions to guide wheel- 28 chair users on a safe route from the parking lot to the City Hall ?AUL L. REIN •t7 01u«O�M«U CAKLAWC.CA 0-010 2 . 021161 }/y).61 1 I and to the Council chambers; concrete ramp and accessibility do 2 not conform to legal requirements for wheelchair users; lighting f 3 and design are negligent and thepublic property is in a dangerous 4 4 condition regarding the foreseeable use by wheelchair users. The 5 only map available for directions is on top of a four-foot plat- 6 form and is invisible for a wheelchair user. Such conditions 7 created a known, dangerous and unsafe condition of public 8 property and created a foreseeable and unreasonable danger to 9 wheelchair users. 10 As a result of the dangerous conditions above described, 11 plaintiff JOHN W. PARENT went over the edge of a curb in his 12 wheelchair while attempting to reach the City Council chambers, 13 on Januar 1984 January 23, , at approximately ? p.m. and suffered severe 14 . and permanent personal injuries, including a broken leg. is A c �K Dated: 16 17 � ,7 18 Com' 19 PAUL V. REIN 20 Attorney for Claimant JOHN W. PARENT 21 22 23 24 25 26 27 . 28 uuw orne..of PAUL I.. REIN •.7 OIYND AV.MU. CAK'A«C.C....,0 3 . Board Action : QAIN May 22 , 1984 BOARD OF SUPERVISORS CP CDR= CDBI'A CDUMI Claim Against the Chanty, or District ) 110iTICE TO C[AXNW governed by the Board of Supervisors, ) The copy of ma ed to you is your Routing Endorsements, and Hoard ) notice of the action taken on your claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all 'Warnings". Claimant: Barbara Server Uounty Counsel Attorney: c/o John S . Harrison , Esq . !!PR 171984 Harrison ,. Taylor & Bazile Address: 1128 Broadway, Suite 205 Martinez, CA 94553 Oakland , CA 94607 Via County Counsel Amount: $15 , 000 . By delivery to clerk on April 13 , 1984 Date Received: April 13 , 1984 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TD: County Counsel Attached is a copy of the above-noted claim. Dated: April 13 , 1984 J.R. CE SSON, Clerk, By Deputy Ae en arino II. FROM: Canty Counsel T0: Clerk of the Board of Supervisors r (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to oomply 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: Mlj� Deputy County Counsel Af III. FROM: Clerk of the Board TO: (1) ty Counsel, (2) County Administrator ( ) Claim was returned as untimely i4ith notice to claimant (Section 911.3). IV. BOM M ORDEEt By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct oopy of the Board's Order entered in its minutes for this date. Reeni DuBois Dated: May 22 , 1984 J. R. CYSSON, Clerk, ByDeputy Clerk MRNING (Gov. Code Section 913) Subject to certain exception, you have only six (6) months from the date this notice.was personally served or deposited in the mail.to file a court action on this claim. See Goverment Code Section 945.6. _ You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: . Clerk of the Board TO: (1) Canty Counsel, (2) Canty Administrator We notified the claimant of the Board's action an this claim by mailing a copy of this document, and a mend thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: May 2 2, 1,,,+8 4_ J. R. (LSSON, Clerk, By ` , Deputy Clerk cc: County Administrator (1) County Counsel (2) _0"Q ,028 CLAIM ,7 95'1 LAW OFFICES OF HARRISON, TAYLOR & BAZILE 1126 BROADWAY 2828 SONOMA BLVD. OAKLAND.CA 94607 - VALLEJO.CA 94590 (415)465-0203 (707)552.6226 JOHN HARRISON.ESQ. A.C.TAYLOR,ESQ. LEO BAZILE.ESQ. - April 5, 1984 Robert K. Gordon RECEIVED Clerk and Administrator MUNICIPAL COURT OF CALIFORNIA APP, /3 } � COUNTY OF CONTRA COSTA BAY JUDICIAL DISTRICT R. o(sSON S 100 - 37th Street 8 RD OF SUPERVISORS 60. Richmond, California 94805 CLAIM AGAINST PUBLIC ENTITY PURSUANT TO GOVERNMENT CODE SECTION 910 et al. Name And Address Of Claimant : Barbara Server 5444 Burlingame Avenue Richmond, California 94804 Name And Address Of Attorney For Claimant: JOHN S. HARRISON, ESQ. HARRISON, TAYLOR & BAZILE Attorneys at Law 1128 Broadway, Suite 205 Oakland, California 94607 Date And Circumstances Of Claim: On March 11, 1984 at approximately 7 : 50 p.m. , the - claimant, Barbara Server was stopped by two members of the Walnut Creek Police Department, officers Craig Zamola #243 and George Willis, for a defective tail light, while traveling westbound on Ygnacio Valley Road near Bancroft. A warrant check was made for Ms. Server by the above officers . A warrant for a traffic violation that Ms . Server had paid approximately 3 years before mistakenly appeared. M Mr. Gordon Page 2 f. April 5, 1984 Re: Barbara Server Ms . Server was handcuffed and brought to the Walnut Creek City Jail where she was incarcerated for nearly two (2) hours. During this time Ms . Server maintained contin- uously that the warrant was an error. She had in her possession proof of payment of the violation, however the arresting officers refused to investigate the faulty status of the warrant. Moreover their refusal is more incredible when the date of her driver' s license should have made them aware that something was awry. The recent date of her license showed that Sacramento had no record of this vio- lation because she could not have received her new driver' s license. The unreasonable and unnecessary actions of the arresting officers has caused extreme emotional and psychological pain to the claimant. Claimant has incurred medical expenses in excess of $400. 00 to date. Claimant is employed by' Pacific Gas and Electric and handling financial matters of great importance. Her arrest and incarceration have detrimentally effected her employment and may cause more harm. Names Of Public Employees Causing Injury: Craig Zamola - Walnut Creek Police Department George Willis - Walnut Creek Police Department Unknown Others Amount Of Claim: $15, 000. 00 Sincerely, HARRISON, TAYLOR & BAZILE By J 7N S. HARRISON, ESQ. JSH:cm 00 0300 �Pa owls r /. C42 'Muntxtpal (pour# BAY JUDICIAL DISTRICT Cr 100 THIRTY-SEVENTH STREET y Robert K. Gordon RICHMOND, CALIFORNIA 94805 6 �orj berk&Administrator �Y army of t yet 231-3800 April 9, 1984 John S. Harrison, Esq. Harrison, Taylor & Bazile Attorneys at Law 1128 Broadway, Suite 205 Oakland, California 94607 RE: Barbara Server's Claim Against Public Entity Dear Mr. Harrison:. Our records show that your client's warrant was recalled before her arrest of March 11, 1984. The warrant was recalled on March 5, 1984 and was received in. our office on March 9, 1984. Enclosed copies substantiate these facts. I cannot speak for the police agency but it may be that the agency did not clear the recalled warrant from its PIN system, I have directed your claim to the County Counsel for further action, if necessary. Sincerely, zo Robert K. Gordon Clerk-Administrator Bay Municipal Court RKG/Ip Encl. 00 031 Board Action : CUUM May 22 , 1984 BOARD OF SOPERVISOM OF =Mh CEPA C10Wff OUM"VIA Claim Against the County, or District ) 110R'ICE TO CTAD9M governed is Yom Routing Endorsementsthe ,, and and Bof �oarrdd s• ) notice the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Oaks ) given pas=t to Government Code Section 913 Claimant: Tony Roman , Jr . , and H i 19� please note all 'Warnings". County Counsel Attorney: William C . Dresser ! P R 17 1984 Johnson , Kealey , Ginder & Miller Address: 2855 Telegraph Avenue , Suite 213 Mardnez, CA 94553 Berkeley, CA 94607 Amount: Unspecified By delivery to clerk on Date Received: April 16 , 1984 By mail, postmarked on April 12 , 1984 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated* April 16 , 1984 J.R. OLSSON, Clerk, Bylielem Deputy II. FROM: 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 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. R e n i DuBois Dated: May 22 . 1984 J. R. OLSSQJ, Clerk, Deputy Clerk NNNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served cc deposited in the mail to file a 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) 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. �1 DATED: May 22 1984 J. R. 0[SSON, Clerk, ByDeputy Clerk cc: County Administrator (1) County Counsel (2) CLAIM C:' � Y=_ 1 WILLIAM C. DRESSER JOHNSON, KEALEY, GINDER & MILLER 2 2855 Telegraph Ave. , Suite 213 RECEIVED Berkeley, California, 94607 3 415-548-1451 4 Attorneys for Claimants APR 16 1984 TONY ROMAN, JR. , and HILDA ROMAN 5 t OUWN OF Sup&Vr RS ao. 6 7 8 COUNTY OF CONTRA COSTA BOARD OF SUPERVISORS 9 10 TONY ROMAN, JR. and HILDA ROMAN, 11 CLAIMANTS, CLAIM FOR INDEMNIFICATION 12 -vs- 13 THE COUNTY OF CONTRA COSTA, 14 a Public .Entity / 15 TO: CIERK OF THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS: 16 YOU ARE HEREBY NOTIFIED THAT TONY ROMAN JR. , and HILDA ROMAN, 17 whose address is c/o JOHNSON, KEALEY, GINDER & MILLER, Suite 213 , 18 2855 Telegraph Avenue;. Berkeley, California 94705 , claims damages 19 from the CONTRA COSTA COUNTY in an amount yet to be ascertained . 20 The claim arises out of the following circumstances : 21 On or about January 4 , 1983, a drainage ditch located in the 22 vicinity of Palm Avenue, Martinez, and running easterly and 23 parallel to the north boundary of property owned by LINDA A. VERDUG , 24 overflowed and flooded the property at 677 Palm Avenue, Martinez, 25 owned by LINDA A. VERDUGO. Claimants TONY ROMAN JR. , and HILDA 26 ROMAN were named as cross-defendants on a cross-complaint for 00 0 . one 1 indemnification as a result of injuries and damages LINDA A. VERDUG 2 claimed to have received, as a result of the overflow and flooding. 3 This is Contra Costa Superior Court Action No. 244281 entitled 4 "LINDA A. VERDUGO VS. COUNTY OF CONTRA COSTA, a political entity, 5 COUNTY OF CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRIC , 6 a local public entity, and DOES I through X, inclusive. " 7 A copy of this cross-complaint was served on claimants TONY 8 ROMAN jr. , and HILDA ROMAN on January 23 , 1984 . 9 Claimants are informed and believe that other named and as yet 10 unnamed defendants in this action will bring cross-complaints 11 against claimants TONY ROMAN JR. , and HILDA ROMAN. 12 It is the contention of the claimants, TONY ROMAN JR. , and 13 HILDA ROMAN, that the injuries and damages, if any, suffered by the 14 plaintiff were due to the acts and/or omissions of the County of 15 Contra Costa, and the County of Contra Costa Flood Control and 16 Water Conservation District, to wit : 17 On or before January 4 , 1982 , the County of Contra Costa Water 18 Conservation District maintained and operated a certain public 19 drainage ditch running northeasterly across the southwestern 20 boundry of LINDA A. VERDUGO' S property, then continuing in a 21 northeasterly direction through a culvert under Palm Avenue. 22 As a result of the plan, design, maintenance and 23 operation of this drainage ditch, LINDA A. VERDUGO' S property 24 was flooded on January 4, 1982 . Since the County of Contra 25 Costa and the County of Contra Costa Flood Control District 26 have caused such drainage ditch to be located, in part, on two 00 0341 1 LINDA VERDUGO' S property, such property will continue to be 2 flooded at various times in the future. 3 The said County and said Flood Control District 4 have used and maintained the said drainage ditch in such a manner 5 as to constitute a continuing private nuisance in that (i ) the 6 drainage ditch does not have the capability to adequately transport 7 runoff waters without overflowing and causing such runoff waters 8 and mud to pass over LINDA VERDUGO' S property and enter her single 9 family dwelling located thereon. This use and maintenance of the 10 ditch is an obstruction to the free use of property of LINDA 11 VERDUGO so as to interfere with her comfortable enjoyment of said 12 property. 13 A considerable number of persons in the vicinity of LINDA 14 VERDUGO' S property are affected by the above described nuisance. 15 These persons are injured by the nuisance upon overflow of the mud 16 and water from the ditch. 17 On January 4 , 1982 , due to the negligent maintenance, location 18 and the inadequate capacity of the drainage ditch and without due 19 regard for the property rights of LINDA VERDUGO, the runoff waters 20 overflowed and flooded LINDA VERDUGO' S real property. 21 Prior to January 4 , 1982 , the County of Contra Costa and 22 the County of Contra Costa Flood Control District permitted 23 excessive development upstream from LINDA VERDUGO' S property, 24 altering the natural flow and drainage of the land and streams, , 25 - causing waters and mud to flood and flow onto LINDA VERDUGO' S 26 property. three 00 035 1 The name or names of the employees and agents of the' County 2 of Contra Costa and of the Contra Costa County Flood Control and 3 Water Conservation District who committed or were responsible 4 for the above-mentioned negligent acts are not known to the claimant 5 but are believed to be operating within the County of Contra Costa, 6 the Contra Costa County Flood Control and Water Conservation District, 7 and/or any other County of Contra Costa County department which may 8 bear responsibility for water, drainage, building, and permits. 9 The nature and extent of the damages of claimants are 10 not known at this time. However, the claimants allege that any 11 damages they may be held responsible for in the Superior Court 12 Action are a direct result of the above-mentioned negligent 13 acts and. further believes that County of Contra Costa and the Contr 14 Costa County Flood Control and Water Conservation District should 15 indemnify and hold the claimants harmless for all such damages. 16 All notices or other communications with regard to this 17 claim should be sent to the claimants in care of JOHNSON, KEALEY, 18 GINDER & MILLER, Suite 213, 2855 Telegraph Avenue , Berkeley, 19 California 94705 . 20 Dated: April 11 , 1984 21 22 By � ca>•. 23 WILLIAM C. DRESSER . 24 25 26 00 036. r AS�SMENT DISTRICT 1981-1 PARCEL 44 PERMANENT SLOPE EASEMENT THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, AN UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS: AN 8.00 FEET WIDE STRIP OF LAND THE WESTERN BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL ONE AS SHOWN ON THAT RECORD OF SURVEY MAP FILED ON DECEMBER 12, 1975 IN BOOK 60 OF LICENSED SURVEYORS MAPS AT PAGE 2 ALSO BEING THE EASTERN RIGHT—OF—WAY LINE OF SAN RAMON VALLEY BOULEVARD AS SHOWN ON SAID MAP; THENCE SOUTHERLY ALONG LAST SAID LINE. SOUTH 19° 57' 09• EAST 98.68 FEET TO THE TERMINUS OF THIS DESCRIPTION. THE SIDE LINES OF SAID 8.00 FEET WIDE STRIP EXTEND TO THE NORTHERN AND SOUTHERN BOUNDARY LINES OF SAID PARCEL ONE (60 LSM 2) . CONTAINING 791 SQUARE FEET. NOTE: BEARINGS AND DISTANCES DESCRIBED HEREIN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM ZONE III. TO OBTAIN GROUND DISTANCES, MULTIPLY GIVEN DISTANCES BY 1.0000928. ALSO MULTIPLY GIVEN AREAS BY 1.0001856 TO OBTAIN TRUE GROUND AREAS. Page 9 of .9 00 037 AMENDED C[M now Cr grINOLVjDUM CF C WM meq, C,UMMM BOARD ACTION May 22 , 1984 Clain Against the County, or District120 C LAZO PPgoveis _ Routing seonntsby the a and of Bas I notice the action take: an your cicc this domment, im ad to aire by the Action. All Section references are ) Board of Supervisagraph IV, bei )0 to California Government Codes _ _) given pursuant to Goweromeent bode Section 913 and 915.4. Please note all Nftrninge Claimant: Barbara Hal l , 608 Shaddick Drive, Antioch, , CA 94509 County Counsel Attorney: fAAY 2 1 1984 Address: Martinez, CA 94553 Almcxmt: $240 . 00 By delivery to clerk on May 17 , 1984 Date Received: May 17 , 1984 By mail, postmarked on May 16 , 1984 I. IKE: clerk of the Board of Supervisors TO: County Coanse Attached is a copy of the above-noted claim. Dated: May 17, 1984 J.R. C LSSW* Clerk, Deputy Kell . Calhoun II. PROM: County Counsel TO: Clerk of the Board of super aces (Check only ane) t (>e his claim Complies substantially with Sections 910 and 910.2. ( ) This claim FAITS to mnply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). i ( ) Claim is not timely filed. Clerk should return claim an ground that it was filed late and send warning of claimant's fright to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - By: Deputy County Counsel III. PRM: Clerk of the Hoard 'TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. DOM C, By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) Other: I certify that this a true W Correct copy of the Board's order entered is minutes for this date. R e n i B uB o i s _ Dated: ' May 22 . 19 8 4 J. P. OLSSMf Clerk, By , �('� , Deputy Clerk MUM= (Gbv. Code Section 913) Subject to certain esoeptians, you have only six (6) months from the date this notice was personally served or deposited in the mail .bo file a court action an this claim. Bee Governsoent Code Section 945.6. you may seek the advice of an attorney of your choice in eocvneetian with this matter. If you went to consult an attorney, you should do so immediately. v. rKm: Clerk of the Board TD: (1) County Counsel, (2) County Administrator Me notified the claimant of the Board's action on this claim by mailing a appy of this document, and a memo thereof has been fsled and endorsed on the Hoard's appy of this Claim in aooprdanoe with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. _ DAM: May 22 , 1984 J. R. WSW# Clerk, By , Deputy Clerk cc: County Adninistrator (1) County Counsel (2) ,1Q 03 ,1 :CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions •_o Claimant A. Claims relating' to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, .CA) , C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District -should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for CLerk' s filingClerk' stamps Barbara Hall RECEIVED 608 Shaddick Dr. Antioch, CA 94509 ) Against the COUNTY OF CONTRA COSTA) APR /3 '1384 or DISTRICT) R. O CLE BOARD Of F SUP ERVISORS Fill in name) ) NTRA TA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 240.00 approx. and in support of this claim represents as , follows : ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) March 13, 1984 4:55 p.m. --------•�--T---------�•-------------------------------------------------- or ----------------------------------------or injury occur? (Include city and county) Cypress Rd. Just past cross street of Dutch Slough Rd. Oakley, Contra Costa -----H- ----------------------------------------------------------------- 3. ow- did the damage or injury occur? (Give full details, use extra sheets if required) Maintenance truck was traveling over fresh asphalt and kicked back rocks. One hit windshield and cracked it. ------- ------------------------------------------- 4. What--particular------------act----or---o-mission on the part of county or district officers, servants or employees caused the injury or damage? Maintenance truck driving too fast. (over) 00 0301 5., What 'are the names of county or district officers , servants or employees causing the damage or injury? Maintenance truck: driving too fast to get any nam?s. 'f 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Broken windshield ----------------------------------------------------------------------=-- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ----------_ -- 2tao estimates erlcs�d� --------- ---------------------------------- 8.-_Names___-- and addresses of witnesses, doctors and hospitals. none 9. List -tom exPendituzeMS...:you made on, account of this accident or injury: ITEM AMOUNT y � } t S i 3 None to date . r Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: -(Attorney) or by some "person nnon his behalf. " Name and Address of Attorney ��fl Claimant' s Signature 608 Shaddick' Dr_ ._ Address Ahtioch, CA 94509 Telephone No. Telephone No. 757-6082 Work No. except Tues. -3720 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 0�0 Page No. of Pages ADMIRAL GLASS CO. 2244 N. Main Street WALNUT CREEK, CALIFORNIA 94596 Phone 935-1551 Con. Lic. #274322 PROPOSALUBMITTED TO I PHONE DATE 41(ql 0 49q- STREET JOB NAME �c �<-. Zo 5 3o v CITY, STATE AND ZIP ODE JOB LOCATION q156 ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: �., lG 6e c( 0 6CL��a-ro Par+ DOUG GRIBBLE BRANCH MANAGER (415)757-1097 admiral glass c®. 1205 SOMERSVILLE ROAD ANTIOCH,CALIFORNIA 94509 labor — complete in accordance With above specifications, for the sum of: (415)757-1097 S I N C E 1 9 4 6 State Contractor's License No.274322 dollars($ All material is guaranteed to be as specified. All work to be completed in a workmanlike . manner according to standard practices.Any alteration or deviation from above specifica- Authorized tions involving extra costs will be executed only upon written orders,and will become an Signature extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Note:This proposal may be Our workers are fully Covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within jaysdays. N ) Arreptunrr of i rapasal—The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified.Payment will be made as outlined above. Date of Acceptance: Signature FORM 110 COPYRIGHT 1960-NEW ENGLAND BUSINESS SERVICE,INC.GROTON.MASS.014150 Delta Glass 615"A"STREET ANTIOCH, CALIFORNIA 94509 N 0 Q 1 ) 4 1 (415) 757-5300 n DATE " 19 NAME ADDRESS `�� yy///��.D�CI� PHONE NO. lJ T li)c JOB LOCATION PHONE NO. INS. CO. ON, DESCRIPTION AMOUNT 7- - b-IR )r , IV 7 cA3 9 o - w ! 7 E: v o Ml J2 183, oy f3�i o 59.100 V L 04 CUUM SHED ( F NOVERVISOPS CP d3 COME CUM00 BOARD ACTION May 22 , 1984 Claim Against the County, or District ) 9MC6 To QaIIPW governed by the Board of Supervisors, ) The copy ce this Aocument i9fted to you is Dour Routing Bhdorsesoents, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph We bele►), to California Gaverraaeat Codes ) given pursuant to Government code Section 913 and 915.4. Please note all "Rarnings". Claimant: Heirs of Mae Williams Pender (see attached sheet) County Counsel Attorney: Furtado, Jaspovice & Simons APR 19 1984 22274 Main Street Address: HAYWARD, CA 94541 maRinez, CA 94553 Amount: $1,000 ,000 - 00 By delivery to clerk on _ April 19 , 1984 Date Received: April 19 , 1984 By mail, postmarked on April 17 , 1984 Certified Mail P 264—TT-2557 I. FRct4: C erk of the Board of Supervisors 70: County Counsel Attached is a oopy of the above-noted claim. Dated: April 19 , 1984 J.R. OESSQQ, Clerk, By Deputy Kel V. Calhoun II. PROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) (� ) This claim c m plies 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 Hoard 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: -z By: Deputy County Counsel III. FPM: Clerk of the Hoard 70: (1 County Counsel,, 2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). W. Bow Q [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 Hoard's Order entered n is minutes for this date. �,e e n i Du o i s Dated: ' Mav 2 2 . 19 84 J. R. Or.SSQ1, Clerk, By �1--'_ , Clerk MNG (Gov. Code Section 913) Subject to certain e----pticne, 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 an this claim. See Goverment Code Section 945.6. You nay seek the advice of an attorney of your choice in mwectien with this natter. If you want to consult an attorney, you should do so immediately. V. PROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a mein thereof has been filed and endorsed on. the Board's copy of this Claim in a000rdanoe with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. � DATM: May 22 , 1984 J. R. R.S M, Clerk, By _lA Du�� , Deputy Clerk cc: County Adninistrator (.1) County Counsel (2) 00 0 43 CT.ATIM RECEIVED 1 FURTADO, JASPOVICE .&�.,': IMONS 2 Law Corporation APR 1984 22274 Main Street 3 Hayward , CA 94541 J. OUSCIN ( 415) 582-1080 or 351 6111 CLERK s o qF, ERVISORS 4 Attorneys for Claimant e 5 6 Claim of HEIRS OF MAE CLAIM FOR PERSONAL INJURIES 7 WILLIAMS PENDER (Government Code §910) 8 Claimant , 9 vs. 10 COUNTY OF CONTRA COSTA,/ 11 TO THE COUNTY OF CONTRA COSTA: I 12 You are hereby notified that the heirs of the Estate of 13 Mary Jeanette Williams , whose mailing address is 22274 Main Street, 14 Hayward , California , claim damages for the wrongful death of Mary 15 Jeanette Williams. 16 Said heirs are: i 17 JERVIE DEE PENDER, daughter 18 BARKER C. FENDER, son 19 TED PENDER, son 20 FRANCES BREWER, daughter 21 ALBERT PENDER, grandson 22 NINA ELIZABETH STAPLETON, granddaughter 23 LISA MARIE KOVACOVICH, granddaughter 24 THOMAS PENDER, grandson 25 This claim is based on the wrongful death of Mary Jeanette 26 Williams which resulted from an accident that occurred on March 5 , FURTADO.JASPOVICE & SIMONS 'A LAW CORPORATION 22274 MAIN STREET , KAYWARD.CALIF.64541 662.1060 sal-alit i 1984 , at approximately 9: 39 a.m. at or near the intersection of 1 California Avenue and Harbor Street in the City of Pittsburg. 2 This claim arises from the following circumstances: 3 On March 5 ,.1984 , at said location , at approximately 9: 39 4 a.m. an employee of Riverview Fire District and/or Contra Costa 5 County drove a firetruck northbound on Harbor Street in the City of 6 Pittsburg. At the same time, decedent was driving eastbound on 7 California Avenue, approaching the intersection with Harbor Street. 8 So far as known at this . time , defendant' s employee, acting within 9 the course and scope of his employment , negligently attempted a left 10 turn from Harbor onto California, driving at an unsafe speed , 11 violating decedent' s right of way, causing a collision and decedent' s 12 death. 13 The public employee causing decedent' s death is Steven 14 Slack. 15 The injuries sustained by claimants , so far as they are 16 known, consist of the loss of the comfort, society, protection, 17 support , love, affection , solace and moral support of the decedent; 18 funeral and burial expenses; and medical expenses incurred between 19 the time of the accident and decedent' s death. 20 General damages total $1 ,000 ,000. 00. All communications 21 regarding this claim should be sent to claimant in care of FURTADO, 22 JASPOVICE & SIMONS, 22274 Main Street, Hayward, California 94541. 23 Dated: April 17 , 1984 FURTADO, JASPOVICE & SIMONS 24 25 By MARTIN L. JASPOVICE Martin L. Jaspovice 26 Attorney for Plaintiffs FURTADO.JASPOVICE at SIMONS A LAW CORPORATION , 22274 MAIN STREET MAYWARD,CALIF.04541 552-1060 131.0111 M • w PROOF OF SERVICE BY MAIL 1 I declare that I am employed in the County of Alameda , State 2 of California. I am over the age of eighteen years and not a party 3 to the within cause; my . business address is 22274 Main Street , 4 Hayward, California 94541. On April. 17, 1984 I served the attached 5 Claim for Personal Injuries (Government Code 5910) on the interested 6 parties in said cause, by placing a true copy thereof enclosed in a 7 sealed envelope with postage thereon fully prepaid in the United 8 States mail at Hayward, California, addressed as follows: 9 Contra Costa County Board of Supervisors 10 651 Pine Street Martinez , CA 11 I declare under penalty of perjury that the foregoing is true 12 and correct , and that this declaration was executed on April 17, 13 1984 , at Hayward , California. 14 15 16 CAT Y ANDERSON 17 18 19 20 21 22 23 24 25 26 ZJRTADO.JASPOVICE & SIMONS A LAW CORPORATON 22274 MAIN STREET HAYWARD.CALIF.94541 1', !.• 082-1080 351.6111 CLAIM MW CP R MI M LYISM Cr Cam COBDCCaPPi, Cl1LII=PA BOARD ACTION May 22 , 1984 0aia Against the Munty, at District ) Varm to CLLDOtPr governed by the Board of8upervisots, ) The copy t to you is pour routing md-reeoentm, and Board ) notice of the action taken an pour aloin by the Action. All Section references are ) Board of figM Visors par,gra�phh IV, bs3 ), to California Goverment Codes ) given pursuant to mant Code Section 913 W d 915.4. Please gate all "Ohrr y,Counsel Claimants George Blake, 1309 Tullibe Road, Rodeo, CA 94572 Attorney: P.P R 19 1984 Address: madinez, CA 94553 Amount: $85.00 By delivery to clerk an April 17 , 1984 Date seoeived: April 17, 1984 By mail, postmarked an April 16 , 1984 I. Fl om: ifferk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-rated claim. Dated: April 17 , 1984 J.R. MESON, Clerk, By Deputy e y/h. CaInoun II. FROM: County Counsel 70: Clerk of tNe Board of Supervisors (Check only one) (, ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim PAIIS to amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). . ( ) Other: Dated: BYDeputy County Counsel III. PROM: Clerk of the Board 70: (1) Canty Counsel, (2) Canty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. smm CRrni 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 sear 's order enter is minutes for this date. Re e n i DuBois Dated: ' May 22, 1984 J. R. CtSSCK, Clerk, By, ,ems Clerk 1l II�G WV- Code Section 913) Subject to certain exceptions, You have only six (6) months from the date this native was personally sefved of deposited in the mail .to file a court action an this claim. See sawnt Code Section 945.6. _ You may seek the advice of an attorney of pea dmice in with this matter. If You want to consult an attotnty, You should do so LsoedLately. V. PKK: 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 mew 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 claire was mailed to claimant. DAM): May 2 2 , 19 8 4 J. R. C9BSCa1, Clerk, By Deputy Clerk CC: County Adninistrator (1) County Counsel (2) 00 04.7 vLAIM TO ' BOARD OF SUPERVISORS 'OF CONTRA COSWAuRVi nal application to: f Instructions to Claimant A. Claims relating to causes of action for death or for inj ur°y trniao 4593 person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year .after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by // )Reserved for Clerk' s filing stamps _eo J_e Sake !G-os6���j RECEIVED 3,100 392 9 S Against the COUNTY OF CONTRA COSTA) O: :7ON or DISTRICT) CLErf BO PD OF SUPERVISORS (F111 in name) ) STA CO B .. .Deputy The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ jr, D0 and in support of this claim represents as follows : ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) My GOar was �jscovdred. rn;ssihl __ Loses OCCLI_r-re4��"a �J�+1e_A� �✓��b_--(��' 2. Where did the damage or injury occur? nc ude city 'and county Main Defehtion roti/; ty ta__ _ ---- - 3. How did the damage or injury occur? . (Give full details, use extra sheets if required) MDr lost, h� iS��ac e �' Stole 0r oole A. wa Ity __ry\,y_ C as t._------ ----- ------ -------- ---- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? See # 1 00 ( ,S) 0</g -,, • 51 w' -at are the names of county•or' district officers, servants or �. •" employees causing the damage or- injury? M Df S IOW or � elo . tiex ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) BJH. Q� -------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) esf e of Curreh t C .Ds t to re"ola. c e , ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. DePuty vial sNOTE : Pleo s e see my. mDr MDF4oto (bookIh3) P --- Mart h e ---- -- ---------- -------t_ak e n - a=`� =8y-------- 9. -List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT ************************************************************************** Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf . " Name and Address of Attorney Cla ' ant' s Signature 130 q TtA 11 ; be- IRaL. NONE /ONE Address A Q�57� ogee .. ,, A 7 If Telephone No. Telephone No. AZ Q Al r 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 fe`sony. " 00 014- 9 ► Board Action : CLAM *a y-8-, 1984 BOW OF SUPERTISCAS CIP Cam COBTA CmNff, camamm as , Claim Against the County, or District ) WMCE RO CLkuf +TP governed by the Board of Supervisors, ) The copy s t ma ed to You is your Routing Endorsements, and Board ) notice of the action takes: on your claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph IV, below), to California Goverment Codes ) given pursuant to Government Code Section 913 ' Baldwin 1 d w i n & Howell and 915.4. Please note all Oftmings'. Claimant: County Counsel Attorney: Thomas F . Castle , Esq . Kincaid , Gianunzio , Caudle & Hubert OR 0-3 1984 Address: 100 Webster Stree , Suite 300 CA 94553 Oakland , CA 94607-3789 Martinez, Amount: $1 , 165 , 000 . 00 By delivery to clerk an Date Received: -Ap r i l 3 , 1984 By mail t�nar� March 29 , 1984 • Tertifiedarla ' I.-!": Clerk of the Board of Supervisors TO: County Counsel Attached is a appy of the above-noted claim. Dated: April 3 , 1984 J.R. CE SSON, Clerk, By Deputy II. FROM: Canty Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy Canty Counsel III. FROM: Clerk of the Board 70: (1) County 1, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). N. BOARD mit 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 uB is Dated: J. R. OESSON, Clerk, By , Deputy Clerk Cam NAMING (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 Goverment Code Section 945.6. You may seek the advice of an attorney of Your choice in connection with this matter. If you want to consult an attorney, you should do so imaediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a oopy 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: May 2 2, 1984 J. R. LESSON, Clerk, By <� , Deputy Clerk cc: County Administrator (1) county Counsel (2) 00 050 CLAIM CLAIM AGAINST PUBLIC ENTITY County Contra Costa LECE IV----- :1D ou ty of c/o Clerk, Board of Supervisors Room 106 3, 198.4 651 Pine Street Martinez , CA 94553 R. olss°NRD °p UPEERTA °VISORS Baldwin & Howell , a California .corpo a claim against the above stated public entity pursuant to Section 910 of the California Government Code: 1. The name and post office address of Calimant is BALDWIN & HOWELL Suite 500 735 Market Street San Francisco, CA 94103 2. Notices concerning this claim should be sent to: Thomas F. Castle, Esq. KINCAID, GIANUNZIO, CAUDLE & HUBERT 100 Webster Street, Suite 300 Oakland, CA 94607-3789 Attorneys for Baldwin & Howell 3. This claim is for indemnification with respect to the damages and equitable relief claimed by Plaintiff in the following Contra Costa Superior Court suit: Gary L. Nickerson vs. Baldwin & Howell;. Does 1 through 50; The City of San Pablo, California; The Redevelopment Agency of the City of San Pablo; Monte R. Hess; Steven M. Matthews; Michael Warren; Donald Russell; Gary Leach; Does 51 through . 100; The County of Contra Costa, California, et al . Case No. 818505 filed January 4 , 1984 . The said suit is for damages and equitable relief as a result of a landslide onto and effecting a 40-unit condominium project development by Claimant located at 3430 San Pablo' Dam Road. 4 . The circumstances giving rise to this claim are as follows: if the Plaintiff in the said lawsuit prevail against Claimant, it will only be because of the above stated public entity' s fault and neglect in having failed to maintain its property in a reasonably safe manner, having created a nuisance, and having failed to properly perform its discretionary and mandatory duties. 00 051 5. Claimant' s claim as of this date is for indemnification with respect to any amounts or relief awarded Plaintiff in the said lawsuit including Claimant' s atttorneys fees ,- expenses , and costs in defending against the said suit, Case No. 818505 asks for general damages of $165 ,000. 00, punitive damages of $1--mi-llion against Baldwin & Howell and larger amounts against other entities , and for costs of suit. 6. The names of the public employees causing Claimant' s damages are not known at this time. Executed at Oakland California , on March 26 , 1984 . I am informed and believe and thereupon allege, under penalty of perjury, under the laws of the State of California, that the foregoing claim is true and correct. THOMAS F. CASTLE, Attorney for Claimant -2- 00 0151-11 i PROOF OF SERVICE BY MAIL (C.C.P. §1013a) I , the undersigned, say: I am a citizen of the United States and a resident of the State of California. I am over the age of eighteen years and not a party to the within entitled action; my business address is is 100 Webster Street, Suite 300 , Oakland, California 94607-3789 . On March 29 , 1984 , I served the within Claim Against Public Entity on the COUNTY OF CONTRA COSTA by placing the original in a sealed envelope with postage thereon fully prepaid, in the United .States mail at Oakland, California , addressed as follows: County of Contra Costa c/o Clerk, Board of Supervisors Room 106 651 Pine Street Martinez , CA 94553 I, JAYNE E. STARKS, declare under penalty of perjury , under the laws of the State of California, that the foregoing is true and correct. Executed on March' 29 , 1984 , at Oakland, California. YN ARKS 00 053 CLAM -Mae Cr SO myjL9C cip d3w COOR , CRLD M BOARD ACTION May 22 , 1984 Claim Against the County,, er District ) NMCS TO CLknow govemuting B�seoentshe a and of Boa d st ) wti� the action taken on your cllof �ed to aIn your im by the Action. All Section references are ) Board of Supervisors (Paragraph We be1oM), to California Governoent Codes ) given pursuant to Government Code Section 913 and 915.4. Please note allow ' oJnty Counsel Claimant: Mike Snyder, P. 0. Box 421 , Bethel Island, CA 94511 Attorney: APR 2 4 1984 Address: Martinez, CA 94553 Amount: $150 .00 By delivery to clerk on April 20 , 1984 Date Received: By mail, postmarked on April 19 , 1984 I. KM--: Clerk of the Board of Supervisors TO: County Counsel Attached is a oepy of the above—noted claim. Dated: _ April 20 , 1984 J.R. CESSONp Clerk, By Deputy Kell R. Calhoun II. FROM: Canty Counsel TO: Clerk of the Board of Supervisors (Check only one) ( �() This claim amplies 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: 42 Dated: _ By: Deputy County Counsel III. PROM: Clerk of the Board 70: (1) Cam Counsel, (2) Canty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BARD 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: Mav 22 . 1984 J. R. CESSON, Clerk, By _ , Deputy Clerk 1 elm (Gov. Code Section 913) Subject to certain e:---ptians, 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 Goveraoent Code Section 945.6. _ You :eay seek the advice of an attornry of your deice in connection with this matter. If you rant to consult an attorney, you should do so imaediately. V. FROM: Clerk of the Board 70: (1) Canty Counsel, (2) County Administrator 96 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 an the Board's copy of this Claim in acoordanoe with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: May 22 , 1984 J. R. OW". Clerk, By. - , Deputy Clerk cc.: County Administrator (1) County Counsel (2) OQ 054 CLAIM CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY a Instructions _.o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911 , Martinez, _CA) . C. If claim. is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public en{ :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 )Reserve - l stamps I'k L- Sy V 8,, r- I 1 APPf�484 Against the COUNTY OF CONTRA COSTA) J. OLSSON CLERK +Zig O SUPERVISORS or DISTRICT) C Fill in name) ) e "" ' The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ Sec 6,'t-tc r.A1, / and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) 24 2. Where did the damage or injury occur? (Include city and county) ovn t-y o F Contc+c,. e.os�<< CdR,r)Cl' OF. C Press a-nd rid Qr_+V•.e.l S31a.r 3. How did the damage or injury occur? (Give ful details, use extra sheets if required) (' (Zo o�d �'4.r c tom, U w irNd shE;lcd, i Rue le, LIC . 4 F53 g44A48 -------------------------------------------------------------- -- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? ��'1 ve t"�ullcd oF� (Zo a.d �-oo CASA . 00 055 (over) 5: What are the names of county or district officers, servants or employees causing the damage -or injury? WcJr2A 9-U f-,4- Lie . J4� 5 39144A cd ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) �cc�uily C2Aci<cb w► ndsti�c�d , . ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) �Y2o Yt1 �5+1 r'no.�c5 ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. none- 9. List the. expenditures you made on account of this accident or injury: DATE IIIEM AMOUNT O N e. Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) KiiON e. or by some person on his behalf. " Name and Address of Attorney C aa. an s Signature .O. 2 Y �l :YA I &*-+b.� ( Na1Ut- Address zs lc.ha Cw. 9I(,-s-(( Telephone No. Telephone No.� gy- o�381 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. " 56 INVOICE NO. VALLEY GLASS COMPANY 4188 Hiway 4, South of Lane Tree way Brentwood, CA 94513 (415) 634-5155 SOLD 1SHIPPED TO,4�_ E�AMW&Qc STREET&NO. STREET&NO. CITY STATE ZIP CITY STATE ZIP r CUSTOMER'S ORDER SALESMAN TSR B. T r U z 4E ®o 7H744 Q07 -----,..- 11 .. ,,��I . „ �, � . -- � . Estimate Form Mame Date . , Address State Zip Phone YeW-'-' -Mak_- Model,l".er� I.D. No. Cu'lor Prod. Date Trim Mileage License No. - Ins. Co. File No. Claim`Alo. Appraiser Lic. No. Phone Written No pair pace DESCRIPTION OF DAMAGE PARTS LABOR PAINT 1 .................... ................ .::.:..:::.;;:.:::::'.;::::.::.:::.;;:.;.:::...::.::.::..:.:::.::.;:.;:.;:.;::.;:. 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PARTS Prices subject to invoice $ /3d, 30 BYER"S AUTO BODY REPAIR,* INC. P aOR hrs.@$ $ 1377 Highway 4 Paint Supplies $ Shop Supplies $ Brentwood,California 94513 Towing/Storage $ Phone (415) 634-3198 sublet $ Tax $ DAMAGE REPORT TOTAL , I� . — __ . 0 58 -- CIIN Dam CF SUPEWISMS MF Mcme BOARD ACTION May 22 , 1984 Claim Against the County,, ac District ) NNICe TO CLRINW Routing rnedffi senentse and Bhe Board of oard s ) noti� the action taken on your claim bycFEH—s-a��t mailed to ym Is the Action. All Section references are ) Board of SWervisors (Paragraph Iv, Wm), ,to California Government Cbdes ) given pursuant to t.oa nr nt Code Section 913 and 915.4. Please note all 40arnings•. Claimant: Harry W. Hokerson, 514 Hamburg Circle,Clayton, CA 945-t�unty counsel Attorney: APR 2 4 1984 Address: Martinet, CA 94553 Amount: $239 . 82 By delivery to clerk on April 20 , 1984 Date Received: April 20 , 1984 By mail, postmarked on April 19 , 1984 I. pRcm: Clerk o ' the Board of Supervisors 70: County Counsel Attached is a appy of the above-noted claim. Dated: a p r i 1 20 , 1984 J.R. CIS.SON, Clerk, By / Deputy KellyfZ. Calhoun II. FOR: County Counsel 70: Clerk of the Board of Supervisors (Check only one) (�() This claim complies substantially with Sections 910 and 910.2. (� ) This claim FA= 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: IK41 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. Bo>1RD ngron By unanimous vote of Supervisors present ( X ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Reeni DuBois Dated: May 22L_ 1984 J. R. CESSON, Clerk, By = ��� � , Deputy Clerk MMM (Gov. Code Section 913) Subject to certain , you have only six (6) months from the date this notice Mas personally served or deposited in the mail-.to file a court action an this claim. See Code Section 945.6. _ You may seek the advice of an attorney of your choice in connection with this matter. If you went to consult an attorney, you should do so immediately. V. Fill: 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 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: May 2 2 , 1984 J. R. OES.SON, Clerk, By, Deputy Clerk cc.: County Administrator (1) County Counsel (2) 00 059 CLAIM , CL.---,M TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions -.:o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, . Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, _CA) . C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public ent _ty, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps RECEIVED ) Against the COUNTY OF CONTRA COSTA) APR o?n 1984 or DISTRICT) J. . OLSSON CLERK D OF SUPERVISORS (Fill in name) ) a B ........... e The undersigned claimant herebyiLtakes 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. When did the damage or injury occur? (Give exact date and hour) H A P PE_IJE-_1 19 dP-o AV coo -----------a------------------- ---------------------------------------- Z. Where did the damage or injury occur? (Include city and county) ASS '� 456-7zUF=E,*,J P/T75 8U,ecs- AA !:> GvAv co --------------------------------------------------------------------r 3. How did the damage or injury occur. (Give full details, use extra sheets if required) O F ,COAT> c v g S l AAD 57)4 Wel wNE `D,2 VE/J oAJ SVt3S�QvE�C>TLY , AUG- "T}-�o2o Aj oA,)7'O G!� . What particulaat------------r----act--or----omission--------on----the=--part------of----county-----or--------district----- Wh officers , servants or employees caused the injury or damage? MARE W,-RE ,VO SiGu -� 5 ofe. -,,v-DjCAT)oAv _77-4- 4r - lam NT T 0,",) T, (over) 00 060 5.,, `What are the names of county or district officers , servants 'or ` employees causing the damage or injury? u A-) NCO co r\ / -- - -- --------------------------------------------------- 6. -Wh-at-da-mage-----or--injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) PA,A,)7- w^s THaoc-un.) /"-rr> W,14C-ELr WELD-S OA-) ���iVEL BENiti� FigGr� I.vNEEc_ tc�EL.L. 3 ON -T70 ',Bum�R. F.tc7�n�5iaN ANS o.V C.N.GomE ,BumPE�E'. ------------------------------------------------------------------=------ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. G'AJ A T LO G�T!OfIJ ti r» S cJstJ �17o wN 9. List the expenditures you made on, account of this accident or injury: DATE ITEM AMOUNT /Jo Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b some erson on his behalf. " Name and Address of Attorney C imant' s Signature 0/4 Address G /7-0 A_) Telephone No. Telephone No. Gla X935 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. " 00 061 Page of Pages HAWS IMPORT AUTO BODY 1822 Rrraoid.wk al lvvy CQPCOR0.'CAt_lFt3RlIA 94520. Phop V&1W NAME „ _ - PHONE - DATE STREET / _ _. - CITY ` V EAR COLOR - - MAKE MODEL REGISTRATION NO.l.,,/ - SERIAL N6. ODOMETER 'ESTIMATE PREPARED BY 7 INSURANCE CO. •" ` - ADJUSTOR ' REPLACE REPAIR DESCRIPTION PARTS LABOR REFINISH SUBLET J i TOTALS The above is an estimate based"on our inspection and does not TOTAL PARTS .:. ... $ cover.any additional parts or labor which may be required after the -work has been started. Occasionally, worn or damaged parts are TOTAL LABOR ................ $ '"` ,: . % C:A discovered which may not be evident on the first inspection.Because -of this,the above prices are not guaranteed.Quotations on parts and labor are current and subject to change. "TOTAL REFINISH ...:..:.. ....: $ AUTHORIZATION FOR REPAIR.YOU are hereby authorized to TOTAL SUBLET .............. ..$• make the above repairs: TAX ........ . ......... ....... $ _ ; o �-- SIGNED: $ DATE: TOTAL .. .................. $ >r =� BILL'S BODY AND PAIN' 1800$CONCORD AVENUE,CONCORD, CAUFORNiA 94510 TELEPHONE.415-798-4161 Date NAME �1., •� � 4CE�2� s5�-_�f�i''�P.�_ tmr t' a�n �r� t�ot��6Q.�L:.�S.� A Mske l t —raw .._SMI&&Na. %dV StVIGy 1 fhlr Ne. U:anaa Nat1�!'1 C)�0—isim No. Ttiwe Na. 10OWanae Co Yiliaa�R — , - ,._...—..� LABOR PARTS SUBLET .R..1 [STIYATE OF WAIN COSTS MRs. FT t/ L &A P 60.310? -14 LW&E COlq--- 2j S =L&4 nuEU&An,1 hfl od JF mmom�WOW TOTAL ItswAltwl 04 ' p#ts. OF LABOR PARTS PAINT tRATCItIALt �„ 1MaYitANCt ORiOYCTisiLi sv�Lr:T all ATI SALts TAA tin Rne.Avg 1:*,NSM awl pggT/sM AN saes MHT ewesRML "OIT/ & PART: M LAttt vote. µAT s: OReYiMR:a APTRM TMR :sast MAO ORRM :TAMtj:. AtTRM To R =sTIMATt TOTAL WOW MAO OTAMTRO. IMM. M OAµ&RR: PAM?: MIRM AMR MOT RVie(MT ON oil IM ei:RTmm IAT K 0/690'1190149. MATUG&A.LT. into RiTtµATR tAMieT :eVRM even AOVAMCt CMAQSSS s too,IMe909vm PART: PR/O RR •6a1RR7 Ta CMAMOR A/TMtaT MaTIRR. 7aN pT1µATR to PM 1Yµ://ATf AtespTal 9t. ESTIMATE INVALID AFTER 30 DAYS. SMAgO TOT}} PA DTC PD I rcc R11RAFCT TO INVOICE {vt CLAIM ' amm OP sOPM19QR5 CIF COW CWM off, CRUICHM BOARD ACTION MAY 22 , 1984 Claim Against the O=ty,. c r District ) SMCB TO CLAXHW. governed by the Board of Supervisors, ) The copy Led to you is your Routing Endorsements, and Board ) notioe of the action takes: an your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Ooverrnment codes ) given pursuant to Dovernment code section 913 and 915.6. Please note all 'i*# Lmsel ' Claimant: Janell Dickison Attorney: Gwilliam & Ivary APR 2 4 1984 616 Central Bldg Martinez. CA 94553 Address: 436 14th _Street Oakland, CA 94612 Amount: $500 ,000 . 00 By delivery to clerk on Ap r i 1 * 2 4 , 1984 Date Received: April 24 , 1984 By mail, postmarked on April 23 , 1984 I. PRCM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: April 24 , 1984 J.R. CE.S.SON, Clerk, By CI Deputy Kelly/,R. Calhoun II. PROM: County Counsel 70: Clerk of the Hoard of Supervisors (Check only ane) ( ) This claim complies substantially with Sections 910 and 910.2. � ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Hoard cannot act for 15 days (Section 910.8). t V12y�), cs ,b el s a.ri xr,�/oocl ( Claim is not timely filed�erk�sho d return claimo�I� that/ iii /" late and send warning of claimants right to apply for leave to present a late claim (Section 911.3). (�() Other: 0lam Dated: c/-zy-Ay By: Deputy County Counsel III. PROM: Clerk of the Hoard TO: (1) County Counsel, (2) Canty Administrator (�(Z Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD By unanimous vote of Supervisors present ( ) This claim is rejected in full. ( X) Other: Portion of original claim not previously returned as untimely is reiected in full . I certify that this is a true and correct copy of the Boar 's Order entered n is minutes for this date. PeT DuBois Dated: May 2 2 _ 19 84 J. R. CE.SSCN, Clerk, By ,> c c`� J , Deputy Clerk WHIM (Gov. code Section 913) subject to certain euooeptione. you have only six (6) months from the date this notice was personally served cc deposited in the nail .to file a cart action an this claim. See Governoent Code Section 965.6. _ You miry seek the advice of an attorney of your choice in connection with this natter. If you want to consult an attorney, you should do so iiamedLately. V. PTCI: 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 memo thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703. ( X) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. �,/1� ` DATED:_ May 22 , 1984 J. R. OLSSM, Clerk, By �n�L/u�� l A J , Deputy Clerk cc.: County Administrator (1) County Counsel (2) j4 CLATM 1 CLAIM AGAINST 2 3 (a) Lame and address of claimant: Janell Dickison, 336 - 38th Street, Richmond, California 94805 4 5 (b) Send all notices .to: 6 GWILLIAM & IVARY 616 Central Bldg . - 436 - 14th Street 7 Oakland, California 94612 8 (c) Date of occurrence: Early November, 1983, negligent treatment continued until .February 1, 1984 9 Place of occurrence: Martinez County Hospital, Martinez, California. 10 11 Circumstances of occurrence : Claimant fell, and was referred .to County Hospital for treatment. Claimant received negligent 12 treatment of said jaw while in the care of employees of Contra Costa County. 13 14 (d) General description of injury, damage, or loss incurred: General negligence in medical treatment of her jaw with 15 resultant deformity. 16 17 18 (e) Amount of claim and basis of computation: $500, 000. 00 general 19 damages, medical costs unknown at this time. 20 21 Dated: April 23, 1984. 22 GWILLIAM & IVARY 23 By 1 Gary Gwilliam J. GARY GWILLIAM 24 Attorneys for Claimant 25 Receipt of a copy of the within claim is hereby 26 acknowledged this day of 19 27 I f ED 28 UUAAA a IVARY APR -WygR4 IwN916 &T 6A1Y 065 cswtr.. �►w. J R. OISSnrJ� a-lar« •TO99T GLERN'D QAIIK [MW CF SMW gm CF (SRA COSTA Comm aamawa ,BOARD ACTION May 22 , 1984 Claim Against the County, or District ) N ICE to CLRDVM Po�utingg Endorsements,,rned he Board of i �� the action talo an pyaaa�cl.aaiim by is the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California government Codes ) given pursuant to Government Code Section 913 and 915.4. Please rote all 'mornings". Claimant: Melinda M. Megarity Attorney: Jack megarity 17 Greenwood Address: San Rafael , California 94901 Amount: $962 . 54 By delivery to clerk on April 26 , 1984Date Received: April 26 , 1984 By mail, postmarked an April 25 , 1984 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. /1 Dated: April 26 , 1984 J.R. CI.SS0N, Clerk, By �C_���IGrG Deputy Kell R. Calhoun II. FROM: County Counsel TO: Clerk of the Board of Supero sors (Check only one) O This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim an ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. DOMM By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) Other: I .certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Reeni DuBois Dated: ' May_2 2 . 1984 J. R. CFSSCN, Clerk, By Deputy Clerk WINIM (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 'bo 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 imeediately. V. FRW: Clerk of the Board 10: (1) County Counsel, (2) County Administrator We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's aDN 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. D ED:� May 2 2__ 1984 J. R. QSSM, Clerk, By Deputy Clerk cc.: County Administrator (1) County Counsel (2) 00 osC CLAIM U CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CONS rWRQyapplication to: Instructions to ClaimantC!erk of the Board P.O.Box 911 Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filsd against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of form. RE: Claim by )Reserved for Clerk's filing stamps Melinda M. tiegarity RECEIVED , 192 Marin Valley Prive, Novato, CA 94941 Against the COUNTY OF CONTRA COSTA) APR,-�9!984 or DISTRICT) �• OLSSON CLERK RD 0!, 5 PERVISORS Fill in name ) R" eputy A . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 962.54 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour] January 24, 1984 approximately 7: 05 A.M. ---4•r�-- ------------T�.------------------------------------------ c. wiere aia the damage or injury occur: (Include city and county (appy Valley Road, Lafayette, CA were very dangerous and anyone Contra Costa County could have lost control of their car in such a situation. 3. How did the damage or injury occur? (Give full details, use extra sheets if required) At approx. 7:05 A.M. while driving to work, it was still dark and I turned right on a slight curve on Happy ValleyRoad, and while there was no daylight and no reflectors along side the road, myront and rear right tires hit a pothole along side the road. In going back to the scene, I noticed that the hole was approximately 9 inches deep. From that point, I was unable to drive my car as the two wheels and tires were damaged. Also I believe that the conditions along that road 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? I believe the County is responsible for the upkeep of Kappy Valley road and they anitted making the road safe by allowing a pothole to exist in the road. (over) 00 067 15. What are the names of county or district officers, servants or employees causing the damage or injury? ' car to be driven due N/A to the tires and rims being damaged. -------------------T-•S--T------------ T--------- -- -�--- --------- ---- 6. What damage or injuries do you claim resulted? ZGive full extent of injuries of damages claimed. Attach two estimates for auto damage) please see attached invoice frau European Auto Service where I had to have my Scirocco towed and it was at this place that the repairs were done because the establishment has always worked on my car and it was inpossible for the - ------------------------------------- ----------------- - - 7. How was the amount claimed above computed?---- (Include the-estimated- amount of any prospective , injury or damage. ) Please see attached Invoice. 8. Names and addresses of witnesses, doctors and hospitals. - - None as I was on my.way. to work at 4990 Happy Valley Road, Lafayette, a- �. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT N/A None Paid on Account None Paid . Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some pers6n on his behalf. " Name and Address of Attorney it Jack Diegarity Clavttant s igna re 17 Greenwood 192 Marin Valley Drive, No ito, 94947 San Rafael, CA 94901 Address Telephone No. (415) 457-0924 Telephone No. (415) 883-4883 '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. " N 1- 1►_ _ I _ I i __ I _ � l _.1 _: _I L-__ I � _ l I ! J I ..�'�' I I 1 i O11 > i o II D �``' `^ I r - - o l� ^11 L, I N c o > G Z -_----_ - x. _ F Y _ J LE D -- - � Im D DT; F- r < O 3 C 0�_Yzr 9 10 I O D D�J D Z m 20 In I V� j� I m0 N O�D S CT rnm� 1 I .� m ^rnyr nD ( p r,m r<p m y _-. _ _ __ _. —.- --_ _ -_ __ -_ --. I 'll 1 m cn In c C O v, > D IO t DCCp>'_D? � IC) mIZ niC?��<' (� I I 1oi v lA, VO N m `' y� i/1 I� i,\ I_ IID It r. n �, p a <x r y D i•� 11 v I!e- O •� `` � � �..� cp ,B DDzmDOr� ^ V I� ❑ V 7 IN mn > <P.Mai7 0 > m T0 to pmZpR�� Vy rn m Tv ^ n _rmtnvvDD I \ I I v o_a 'O U1 n-i"amr 0 m V W •0 LI)i D z v m n C ❑ m L SI r O A S C umpCy J;z Q >�OI�I� �zz� <mc3L'�-o n j`1 m zr..T <Dr0 r,C>Z. I z;N" �'z�cz 1 \ In .. No: --- -_ A ., IcD o O I = z m m co -4 m p m u > > ❑ to s , !1 D IN � ILA O r r' 09 m (D ♦ I I.� m Im C I O r > D IV i ,�^„ < O Ir x ;0 �m m m p 0O T 171 D Ln >L � o x 3 3 3 an p F mDO �0 ❑ -4o z n - a ozz. LA o O CA G m IN . �b 0 o N '` ,ti 00 ��q i E AMENDED CLAM Dow OF Maqw.1 CV COWr %" CMRPt, CNLUKRM BOARD ACTION May 22 , 1984 Claim Against the County, c r District ) R7'PICB TO C RIMM Routing ffi the Board mrd , i �i of the aof ction take: on your cli-alled to aiim by In � Action. All Section references are ) Board of Supervisors (Paragraph IV, be]eM)6 to California Government Codes ) given pursuant to Goverment Code Section 913 and 915.4. Please note all kmLrxp ' . Claimant: Baldwin & Howell County Counsel Attorney: Thomas F. Castle, Esq. , 1984 Kincaid, Gianunzio, Caudle & Hubert. APR 1 9 Address: 100 Webster Street, Suite 300 Oakland, CA 94607- {KgfClneZ. CA 94553 Amount: By delivery to clerk on AAr i 1 18 , 1984 Date Received: April 18 , 1984 By mail, postmarked an April 17 , 1984 Certified Mail P 203919 24! I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: April 18 , 1984 J.R. CLSSON, Clerk, By Deputy KellyZR. Calhoun II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should. return claim an ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - i By: iioDeputy County Counsel III. FACM: Clerk of the Board 70: (1) Canty Counsel, (2) Canty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD CRtM By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its .minutes for this date. Reeni DuBois Dated: * May 22 , 1984 J. R. CdSSON, Clerk, By �_: ;�� . Deputy Clerk MINIM (Gov. Code Seu:tion 913) Subject to certain e:oo-ptiens, you have only six (6) months from the date thi s notice was personally served or deposited in the mail .to file a court action an this claim. See QoFverrm 1%. C C& Section 945.6. You may seek the &Moe of an attorney of yam choice in cuunectLen with this matter. If you went to consult an attorney, you should do so imoediately. V. PFCM: Clerk of the Board 70: (1) County Counsel, (2) Canty Administrator I% notified the claimant of the Board's action an this claim by mailing a copy of this document# and a memo thereof has been filed and endorsed 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. AAR'ID: May 22, 1984 J. R. CLSSON, Clerk, By . �� , Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 070 SUPPLEMENT TO RECEIVED CLAIM AGAINST PUBLIC ENTITY APR/, 1984 County of Contra Costa c/o Clerk , Board of Supervisors �. OLSSON Room 106 CLERK TROD OF SUPERVISORS 651 Pine Street B = � Martinez , CA 94553 Baldwin .& Howell , a California corporation, hereby supplements the Claim Against Public Entity pursuant to Section 910 of the California Government Code previously mailed on March 29 ,, 1984 , as follows : This claim is for indemnification with respect to the damages and equitable relief claimed by plaintiff in the following San Francisco_ Superior Court suit: Gary . L. Nickerson vs. Baldwin & . Howell , a California corporation; Does 1 through 50 ; The City of San 'Pablo, , California; The Redevelopment Agency of the City of San Pablo, et al. Case No. 818505 filed January 4 , 1984 and served on Baldwin & Howell on March 8 , 1984 . Plaintiff is informed .and believes that a co-ov of the subject complaint has been served� on the County of Contra Costa. For that reason, and because the complaint is voluminous , a complete. copy of the Complaint is not attached hereto. However, attached is the complete Summons and the face sheet to the Complaint. In all other particulars , the Claim Against Public Entity as previously filed against the County of Contra Costa , California on behalf. of Baldwin & Howell . remain the same as though reiterated herein. Executed at Oakland, California on April 17 , 1984 . I am informed and believe and thereupon allege, under penalty of perjury, under the laws .,of the State of California , that the foregoing claim is true and correct. CX/ THOMAS F. CASTLE, Attorney for Claimant 0.0 071 t (CITAGION JUDICIAL,,_. ) fOR COURT.rSE ON1Y NbTiCE TO DEFENDANT: (Aviso a Acusado) `5010`"a"US"°` "`ORM) BALDWIN & HOWELL, a Califofnia corporation; DOES 1 through 50 ; THE CITY OF SAN PABLO, CALIFORNIA; THE REDEVELOPMENT, AGENCY OF THE CITY OF SAN PABLO; ' MONTE R. HESS; STEVEN M. MATTHEWS; MICHAEL WARREN, DONALD RUSSELL; GARY LEACH; DOES 51 through 100 ; THE COUNTY OF CONTRA COSTA, CALIFORNIA; DOES 101 through 150; LELAND CUNNINGHAM (continued on YOU ARE BEING SUED BY PLAINTIFF: separate sheet) (A Ud. le esta demandando) GARY L. NICKERSON You have 30 CALENDAR DAYS after this sum- Despues de que le entreguen esta citation judicial usted mons is served on you to file a typewritten re- tiene un plazo de 30 DIAS CALENDARIOS para presentar sponse at this court. una respuesta escrita a maquina en esta torte. A letter or phone call will not protect you; your Una car-la o una Uamada telefonica no le ofrecera typewritten,response must be in proper legal protection; su respuesta escrita a maquina tiene que form if you want the court to hear your case. cumplir con las formalidades legales apropiadas.si usted If you do not file your response on time,you may quiereque la torte escuche su casa lose the case; and your wages, money and pro- Si usted no presenta su respuesta a tiempo, puede perder perty may be taken without,further warning from el caso, y le pueden quitar su salario,su dinero y otras cocas the court. de su.propiedad sin aviso adicional por parte de la torte. There are other legal requirements. You may Existen otros requisitos legales. Puede que usted quiera want to call an attorney right away. If you do not llamar a un abogado inmediatamente. Si no conoce a un know an attorney, you may call an attorney refer- abogado, puede llamar a un servicio de referencia de ral service or a legal aid office(listed in the phone abogados o a una oficina de ayuda legal(vea el directorio book). telefonico). CASE NUMBER: (Numem del Owl The name and address of the court is: (El nombre y direction de la torte es) . THE SUPERIOR COURT CITY AND COUNTY OF SAN FRANCISCO CITY HALL SAN FRANCISCO, CALIFORNIA 94102 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (EI nombre,'la direction y el numero de telefono del abogado del demandante, o del.demandante que no tiene abogado, es) JORDAN, KEELER & SELIGMAN (415) 397-4600 . ALLAN R. CARPENTER Alcoa .Building , Suite 1400 One Maritime' Plaza San Francisco, California 94111 4�0`+� BALD W. DICKINSO DATE: J p Clerk, by , Deputy (Fecha) (Actuario) (Delegado) ISEALl - _ NOTICE TO THE PERSON SERVED: You are served 1. 0 as an individual defendant. vF.`R•10t'CV/tel 2. as the person sued under the fictitious name of /specify): 3. 0 on behalf of (specify): BALDWIN & HOWELL, a California corporation Y 'yk `' under: E�] CCP 416.10 (corporation) CCP 416.60 (minor) �l� ;� .'- �`; >• 0 CCP 416.20 (defunct corporation) 0 0 CCP 416.70 (conservatee) ` 'Ty�FsF1�taCCP 416.40 (association or partnership) 0 CCP 416.90 (individual) other: 4..= by personal delivery on (date): Form Adopted by Rule 982 (See reverse for Proof of Service) Judivai Council ol.Cabforn�a - - O^ �CP 412.20 4o�i�i ,a io.,., l of.... . .no+� - C1111A 11A 11 gIC iV1 ADDENDUM TO SUMMONS Defendants (continued) : JOHN HALLENBECK; PHIL ERYING; DOES 151 through 200 ; STATEWIDE CITY 'MORTGAGE, CORPORATION; DOES 201 , through 300 ; J. H. KLEINFELDER . ASSOCIATES: WOODWARD-CLYDE CONSULTANTS; QUESTOR ASSOCIATES; DOES 301 through -350; DILLON, READ & CO. INC. ; DOES 351 through 450 ; MGIC INDEMNITY CORPORATION: ALBERT M. BENDER CO. , INC. ; JARDINE INSURANCE BROKERS, INC. ; ' and DOES 451 through 500. 00 0 A , CENDORSED JORDAN, KEELER .& SELIGMAN - F L E D 1 -ALLAN R. CARPENTER Son Francisco County Superior Cour Alcoa Building , Suite 1400 JAN 4 1984 2 One Maritime Plaza San Francisco, California 94111 3 Telephone: ( 415 ) 397-4600 DONALD W. DICKINSON,Clerk BY: JeannljSmith 4 Attorneys for Plaintiff vep"ryG"k 5 b 7 8 .9. SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE CITY AND: COUNTY OF SAN FRANCISCO 12 GARY L. NICKERSON, ) N0. `,. 13 Plaintiff, ) COMPLAINT FOR DAMAGES AND NEG- LIGENCE, FRAUD AND DECEIT, 14 V. ) STRICT LIABILITY IN TORT, NEGLIGENT MISREPRESENTATION , BALDWIN & HOWELL, a Cali- ) BREACH OF IMPLIED WARRANTY, 15 fornia •corporation; DOES 1 ) NEGLIGENCE BY PRODUCERS OF 16 through 50; THE CITY OF SAN ) HOUSING, BREACH OF FIDUCIARY PABLO, CALIFORNIA; . THE ) DUTY, INTENTIONAL INFLICTION .17 REDEVELOPMENT AGENCY OF THE ) OF. EMOTIONAL DISTRESS, INVERSE CITY OF SAN PABLO; .MONTE R. ) CONDEMNATION, NEGLIGENT MANAGE- 13 HESS ; STEVEN M. ' MATTHEWS; ) MENT OF PROPERTY, NEGLIGENT MICHAEL WARREN; DONALD ) INFLICTION OF EMOTIONAL DIS- 19 RUSSELL; GARY LEACH; DOES 51 ) TRESS through 100 ; THE COUNTY OF ) 20 CONTRA COSTA, CALIFORNIA; DOES) 101 through .150 ; LELAND CUN- ) 21 N.INGHAM; JOHN HALLENBECK; PHIL) ERYING; DOES 151 through 200 ; ) 22 STATEWIDE CITY MORTGAGE COR— ) PORAT,ION; DOES 201 through ) 23 300; J. H. KLEINFELDER ASSOC— ) IATES ; WOODWARD-CLYDE CONSUL— ) i 24 TANTS ; QUESTOR ASSOCIATES; ) DOES. 301 through' 350 ; DILLON, ) 25 READ & CO. INC. ; ,DOES 351 ) through 450; MGIC INDEMNITY ) 26 CORPORATION; ALBERT M. BENDER ) 1 00 074 t I 1 CO. , INC. , JARDINE INSURANCE ) BROKERS, INC. ; and DOES 45.1 2 through 500, ) 3 Defendants. ) Plaintiff , GARY L. NICKERSON, alleges : 5 FIRST CAUSE OF ACTION (Negligence ) 6 1 . 7 Plaintiff, an individual now residing in the City of 8 I Alameda, Alameda County, California, purchased condominium unit 9 No.. 37 and its related undivided interest in common areas ( the 10 "Property" ) at the Casa del Sol condominium development at 3430 San i 11 i Pablo Dam Road , San Pablo, California , ' on . or about April 22 , 1982, 12 from defendant Baldwin & Howell, Inca ( "Baldwin" ) for a contract 13 sales price of $95 ,000 plus certain settlement charges and alloca la tions of taxes, insurance costs and homeowners dues which, when 15 added to the contract price, resulted in a gross amount due from 16 and paid by plaintiff at closing of $98 , 812. 31. A copy of the 17 settlement statement is attached hereto as Exhibit A. Defendant, 18 Statewide City Mortgage Corporation ( "Statewide" ) was identified as 19 the lender and a promissory note in the face amount of $85 , 500 , 20 dated April 12 , '1982, was executed to Statewide by plaintiff in 21 connection with the purchase of the Property. A copy of said note , 22 including addendum thereto, is attached hereto as Exhibit B. A 23 deed. of trust bearing the same date was also executed by plaintiff in. connection wi.th' this transaction and Statewide was identified as 25 the beneficiary thereunder . A copy of the deed of trust , including 26 . 2 -00 075 t NOTICEOF INSUFFICIENCY NON-ACCEPTANCE OF CLAM TO : Thanas F. Castle, Esq. Kincaid, Gianunzio, Caudle & Hubert 100 Webster Street, Suite 300 Oakland CA 94607-3789 Re : Claim of BALDWIN & `HOWELL Please 'Take Notice -).s follows : The claim you presented against the County of Contra Costa or District gorernod by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 91.0 . 2 , or is other�eise ' insufficent for the reasons checked below: _ 1 . The claim fails to state the name and post office address — of the claimaint. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to .})e sent . x 3 . The claim fails . to state the date, place or other circum- stances of the occurrence or transaction wl ch gave rise to, the claim asserted . See below _ 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss , if known . _ 5 . The claim fails to state the amount claimed as of the (late .of presentation, the estimated amount of any r)rospective injury.- damage, or loss so far as known, . or the basis of computation of the amount claimed. 6 . -' The claim is not signed by the claimant or by some person on his behalf. X 17 . Other: Claim fails to state the date of service of the complaint -on claimant for which a claim of indemnity is being made. Please attach a_copy of_the_com�laint. J0IIN B. CLAUSEIJ, County Counsel Deput� ounty Counsel >. r •� �q +sa ?.aid X .Z .� y �'Y.f y""..t-+Ss .>-. ., k, r + �yS`�'y, -_ � � ,. '+•A'.�+,1^.,a _, .....waw, .+` s.0 .a' ss'?, -. ,, + " 7+^ ,.5,-. EL.'.•.. ..:a, rn'p...•,yz w.tea.-,L�, +W ✓ ^r xx .wxr—.,. .. - -.._._>___. _. ... __ - ,— _.—..... -+._. �-. •� ... .o... .,„mow+, ""_•s.x.�.�.-.f .'..r .>.....•� PROOF OF SERVICE BY• MAIL-- CCP 1013a; 2015.5 1 I declare that: 2 1 am{u-i sklP_DixLq employed in)the county of ALAMEDA California. ItOUNTY WHERE MAILING OCCURRED) 3 1 am over the age of eighteen years and not a party of the within entitled cause: my (business/Midah6e) address is: 4 100 Webster Street` Suite 300 , Oakland , _ Ca_lifornia 9460773789 5 On. APRIL 17 , 1984 1 served the atlachedSUPPLEMENT TO CLAIM (DATE) . 6 AGAINST PUBLIC ENTITY COUNTY OF CONTRA. COSTA 7 on the 8 in said cause, by placing a true copy thereof enclosed in a sealed.envelope with postage thereon fully prepaid, in the 9 United States mail at OAKLAND, . CALIFORNIA addressed as lollows: 10 County of Contra Costa 11 c/o Clerk, Board of. Supervisors 'Room 106 12 651 Pine Street Martinez , .CA 9455.3 13 14 15 16 17 1$ 19 20 21 22 I declare under penalty of perjury under the laws of the State of;California that the foregoing is true and correct, and that 23 this declaration was executed on APRIL 17"1 1984 . OAKLAND 24 at California. IDATEI - '' (PLACEI 25, I . 26 JAYNE E. STARKS � . . . . . . . . . . . . . . . . . ... . . . . (TYPE OR PRINT NAME) BARON PRESS FQrM NO, 2 /'� (((��� REV AUGUST I9:11 - 0 p 0'/►►►yyy '�s r AMENDED Qom_ BOARD CF SUPEWISm Cly COFDk cown, aLII=CIA BOARD ACTION May 22 , 1984 Claim Against the Couarty, or District ) 1AR'ICB 110 CZ UXWgoverned is _ Routing ffi sementshe a andof Hoard�s� ) notiThe ce the action takes: on you of toYou aim by the Action. All Section references are ) Board of Supervisors (Paragraph Io, bellow), to California tlavernoent Codes ) given pursuant to Code Section 913 and 915.4. Please note all 'I/arnings`. Claimant: City of Danville County Counsel Attorney: Dwight B. Bishop, Inc. , APR 2 4 1984 3126 Buskirk Ave, Suite # Address: walnut Creek, CA 94596 Martinez, CA 94553 Via County Counsel Amount: (Unspecified) By delivery to clerk on . April 20 , 1984 Date Received: April 20 , 1984 By mail, postmarked an I. PRw: Clerk of the Board of Supervisors 70: County Counsel Attacher is a copy of the above-noted claim. Dated: April 20 , 1984 J.R. OLSSCN, Clerk, By SGC �� Deputy .Kell R. Calhoun II. PRX: Comity Counsel T0: Clerk of the Board of Supero cors (Check only one) �j 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: 41 Dated: - - By: Deputy County Counsel III. PROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD aRt.MEt 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. Re e n i WBois Dated: May 22 . 1984 J. R. CL.S.SQd, Clerk, By �,u�d,, . Deputy Clerk Iii1tBRNG (Gov. Code Section 913) Subject to certain e:oorptians, you have only sin (6) months from the date t h i s notice was personally served or deposited in the mail .to file a court action on this claim. See Government Code Section 945.6. _ You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. PROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator We notified the claimant of the Board's action an this claim by sailing 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• Re e n i DuBois DATM: May 22, 1984 J. R. CLSSON, Clerk, By _ -D--� , Deputy Clerk cc.: County Administrator (1) County Counsel (2) 00 078 e 1 DWIGHT B. BISHOP, INC. , 2 A Professional Corporation / 3126 Buskirk Avenue, Suite E 3 Walnut Creek, Ca. 94596 4 Telephone : 939-2544 R E L I V E D 5 Attorney for Claimant 6 THE CITY OF DANVILLE APRad 1984 7 J. R. OLSSON CLERK BOARD OF SUPERVISORS $ R A By.... ut 9 10 In the Matter of the Claim of ) 11 THE CITY OF DANVILLE 12 vs ) 13 THE COUNTY OF CONTRA COSTA. ) 14 15 THE CITY OF DANVILLE hereby presents this claim to the County 16. of Contra Costa pursuant to Section 910 of the California Government 17 Code. 1$ The name and post office address of claimant . is : 191 City of Danville 20 542 San Ramon Valley Boulevard 21 Danville, Ca. 94526 22 The name. and post office address to which claimant desires 23 notices of this claim to be sent is : 24 DWIGHT B. BISHOP, INC. , 25 A Professional Corporation 3126 Buskirk Avenue, Suite E 26 Walnut Creek, Ca. 94596 27 The City of Danville has been served as a defendant in a law- 28 suit entitled "Jerry Jahn and- Katherine Jahn vs City of Danville, 29 County of Contra Costa, State of California" , Action No. C32811 filed 30 in the Walnut Creek-Danville Municipal Court which alleges that the 31 32 City of Danville contracted with the State of California through the 33 County of Contra Costa to have members of the California Conservation 34 Corps remove debris vegetation and shrubbery along a drainage ditch 35 running on the southern edge of the real property located at 425 El 36 Rio, : Danville, Califbrnia, which is owned by plaintiffs. Members of `LAW OFFICES OF DwionT B.Bishop,INC. yy ry A PROFESSIONAL CORPORATION 1• O o O' / OAK PNA ARK PROFESSIONAL BLDG. 6 3126 BUSKRK AVE.,SUMS E - WAINUT CREEK CA-44596 (415)939-2544 - I the California Conservation Corps negligently entered plaintiffs ' 2 property and cut down several mature trees that were not blocking the 3 drainage ditch, and as a proximate result of said negligence , plain- 4 tiffs sustained damages to their property and diminution of value of 5 said property. 6 Claimant alleges for purposes of this claim only and by way of 7 indemnity only that if the- City of Danville is found liable for acts 8 complained of in plaintiffs ' complaint, said liability will be the 9 primary responsibility and fault of the County of Contra Costa. The 10 engineer in charge- of work complained of was Contra Costa County ' 11 Engineer . and employee. Lowell .Tunison, and further the work was per- 12 formed under the supervision of Maurice Schiu, also an employee of 13 the County of -Contra Costa. 14I Pursuant. to the contract for public services work presented to 15 , the City of Danville on September 1 , 1983 , Paragraph 7 (b) under 161 Liability provides : "The County shall fully defend, hold harmless ,and I 17j indemnify the City, its officers , agents and employees against any and i 18I all claims, demands, costs, expenses or liability costs arising out of 191 the sole negligence of the County, its officers , agents or employees . " I 20If there was negligence in wrongfully cutting the plaintiffs ' 21 ; trees and/or shrubbery, the active fault and responsibility would 22I have been that of said Engineer Lowell Tunison and Maurice Schiu. 23 The City of Danville asks that the County of .Contra Costa take 24 over the defense of the City of Danville and indemnify them and hold 25 them harmless with regard to the subject claim. The City of Danville 26 will look to the County of Contra Costa for indemnity for any judq- 27 ment against it by plaintiffs in regard to said action, and further, 28 will look to the County of Contra Costa for costs of defense and 29 attorney' s flees in connection therewith. The cormlaint was served on the 30 City ofatvedle opriTh69' �94: 31 DWIGHT B. BISHOP, INC. , 32 A Professional Corporation 33 34 By 35 Dwight B. Bishop 36 LAW OFFICES OF Dtv1GgT B.B)SIIOP,11C. A PROFESSIONAL CORPORATION OAK PARK PROFESSIONAL BLM O 0 0('� ('1 3126 BUSKIRK AVE..SURE E f��,(J wAWUT CREEK CA 94596 (415) 939-2544 ' J S B. WICKERSHAM (41.5) 831-IJZ[ .A: $ox 1058 I :- Alamo, CA 94507 ATTORNEY FOfi(NAME) Plaintiffs Insert name of court,judicial district or branch court,if any,and post office and street address ENDORSED_ r MUNICIPAL COURT OF CALIFORNIA COUNTY OF CONTRA COSTA ����� WALNUT CREEK-DANVILLE JUDICIAL DISTRICT : P.O. Box 5128 MAR 5 - ;g�:� Walnut Creek, CA 94596 Walnut Creek-Dafm{te Awtc,W PLAINTIFF: J. ::�,�,-.ey D:rPutl► Cl JERRY JAHN and KATHERINE JAHN DEFENDANT: CITY OF DANVILLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA ®DOES 1 TO 5 CASE NUMBER COMPLAINT-Personal Injury, Property Damage, Wrongful Death Q MOTOR VEHICLE LUOTHER(specuy):Genera l Negligence =Property Damage =Wrongful Death ! ! =Peraonal Injury 0 Other Damages(specify): Property C:;11-041 'x i Damage 1. This pleading, including attachments and exhibits, consists of the following number of pages. _-4 _ 2. a. Each plaintiff named above is a competent adult Q Except plaintiff(name)- / a corporation qualified to do business in California ' =an unincorporated entity(describe): 1 []a public entity(describe): =a minor C]an adult [Q for whom a guardian or conservator of the estate or a guardian ad !item has been appointee Q other(specify): [�other(specify): 'r;f;r«:�.�:.su ,�..•x: a ;r Q Except plaintiff (name). (Q a corporation qualified to do business ,n California : .A =an unincorporated entity(describe): =a public entity(describe): ? =a minor [Q an adult i Q for whom a guardian or conservator of the estate or a guardian ad !item has been appointed ! Q other(specify): i Q other(specify): " f b. Q Plaintiff(name): ' is doing business under the fictitious name o1(specify). and has complied with the fictitious business name laws. c. Q information about additional plaintiffs who are not competent adults is shown in Complaint— Attachment 2c (Continued) Form Approved by the Ju&c6ai council of California COMPLAINT—Personal to Property Damage,EMectM January t, 1982 Injury, P r CCP 425,12 Rule 982.1(1) Wrongful Death "- --•-- j. SHOgT TITLE i CASE NUMBER JAHN vs. CITY OF DANVILLE, et al.. ` COMPLAINT—Personal Injury, Property Damage, Wrongful Death P"rem 3. a Eacn defendant named above is a natural person XXl Except defendant (name). CITY OF DANVILLE ["X(Except defendant(name) COUNTY OF CONTRA COSTA Q a business organization, form unknown [Q a business organization, form unknown Q a corporation (Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): a public entity.(describe): a public entity(describe): Incorporated municipality Incorporated county r--) other(specify) Q other(specify): Except defendant(name) Except defendant(name). STATE OF CALIFORNIA (� a.bus,ness organization, form unknown =a business organization, form unknown a corporation =a corporation . J an unincorporated entity(describe) Q an unincorporated entity(describe): a public entity(describe). a public entity(describe): State government other(specify). [Q other(specify): b The true names and capacities of defendants sued as Does are unknown to plaintiff. c Q Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c d Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): a ( Piaintiff is required to comply with a claims statute. and a Mplainhfl has complied with applicable claims slatules, or b Q plaintiff is excused from complying because(specify): 5 This court is the proper court because ,XA at-east one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. C injury to person or damage to personal property occurred in its jurisdictional area. Q other(specify) 6 ;__3 Thi- following paragraphs of this complaint are alleged on information and belief(specify paragraph numbors)., (Continued) raw I** .44 rORT*TITLE: CASE HUMeEQ i JAHN vs. CITY OF DANVILLE, et al . R COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) P.o.►►,.. r 7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are ' Q listed in Complaint—Attachment 7 Q as follows: F 8. Plaintiff has suffered Q wage loss jQ loss of use of property Q hospital and medical expenses =general damage �]property damage [Q loss of earning capacity �]other damage(specify): Diminution in value of property r .i, 9. Relief sought in this complaint is within the jurisdiction of this court 10. PLAINTIFF PRAYS ! For judgment for costs of suit; for such relief as Is fair. lust, and equitable: and for 0 compensatory damages ' Q(Superior Court) according to proof y< ® (Municipal and Justice Court) in the amount of $ 14,99.9-00 � c Q other(specify): 11. The followlag causes of action are attached and the statements above apply to each. (Each comp+arn( must hare one or more causes of action attached.) Q Motor Vehicle .} General Negligence Q Intentional Tort Q Products Liability ^r Q Premises Liability Other(specify): JAMES B. WICKERSHAM (Type or pnnl name) 14�(S-gn&lure of pramid,or allornnr) COMPLAINT--Personal Injury, Property Damage, Page three At"94112 r(t)(cont-al Wrongful Death(Continued) CCP 4n.12 00 083 SHORT TITLE: _ CASE NumSEa JAHN vs. CITY �\;DANVILLE, et al . FIRST CAUSE OF ACTION—General Negligence page ._4 . . . (number) ATTACHMENT TO (Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-t. Plaintiff(name). JERRY JAHN and .KATHERINE JAHN alleges that defendant(name). CITY OF DANVILLE, COUNTY OF CONTRA COSTA and STATE OF CALIFORNIA EnDoes . 1 to 5 was the legal (proximate) cause of damages to plaintiff By the following acts or omissions to act. defendant negligently caused the damage to plaintiff on(date) October 25, 1983 at(place) 425 El Rio, Danville, CA (d cnption of reasons for liability) r The City of Danville contracted with the. State of California through the County of Contra Costa to have members of the California Conservation Corps remove debris, vegetation and shrubbery along a d-rainage ditch running on the southern edge of the real property located at 425 E1 Rio, Danville, California, which is owned by plaintiffs. Members of the California Conservation Corps negligently entered plaintiffs ' property and cut down several mature trees that were not blocking the drainage ditch, and as a proximate result of said 'negligence, plaintiffs sustained damage. to their property and diminution of value of said property, i f Form Approved by the - judicial Council of Camo,ma EnectRule982 ua ) t9f? CAUSE OF ACTION—General Negligence CCP #?b '? QO 084 ... .�....�...��__.��-..�_.�- .7-- -_-•--. �.�._ _ —�f'V lr X 4Qi+/'.aY'*q H1�1-I 1.i wr. .. 7 202-982(A) (9) XITACION-JUDIC/AL) "OR COURT UU ON[Y 'NOTICE TO DEFENDANT: (Aviso a Acusado) I 'w`°A4R'`'50 Uf" CO4r(' CITY OF DANVILLE, COUNTY OF CONTRA COSTA STATE OF CALIFORNIA, and DOES 1 through 5, inclusive 9 \v� SPR YOU ARE BEING SUED BY PLAINTIFF: Q (A Ud. le est& demandando) ��GE JERRY JAHN and KATHERINE JAHN You have 30 CALENDAR DAYS after this sum- Despues de que le entreguen esta citaci6n judicial usted mons is served on you to file a typewritten re- fiene un plalo de 30 DIAS CALENDARIOS para presentar sponse at this court. una respuesta escrita-a maquina en-esta torte.--' A letter or phone call will not protect you: your Una carta o una llamada telefonica no le of ecera typewritten response must be in proper legal protection; su respuesta escrita a maquina tiene que form if you want the court to hear your case. cumplir con Jas formalidades lega/es apropiadas si usted If you do not file your response on time, you may quiere que !a torte escuche su cases lose the case, and your wages, money and pro- Si usted no presenta su respuesta a tiempo, puede perdfer perty may be taken without further warning from el vaso, y le pueden quitar su salario su dinero y otras f:tvsas the court. df-su propiedad sin aviso adicional por parte de la code. There are other legal requirements. You may Fii,ten otros requisitos legales. Puede que usted quiera want to call an attorney right away. If you do not Ilamar a un abogado inmediatamente. Si no conoce a un know an attorney, you may call an attorney refer- abogado, puede llamar a un servicio de referencia de ral service or a legal aid office(listed in the phone abogados o a una oficina de ayuda legal(vea el directorio book). telefonico). CASE NUMBER fMumrro M C~s The name and address of the court is: (El nombre y direction de la torte es) C•?•�f� f 4 • MUNICIPAL COURT OF CALIFORNIA - COUNTY OF CONTRA COSTA WALNUT 'CREEK - DANVILLE JUDICIAL DISTRICT P.O. Box 5128 640 Ygnacid Valley Road Walnut Creek CA 94596 The name, addresg, and telep one number of plaintiff's attorney, or plaintiff without an attorney. is: (El nombre, la direccidn y el numero de telefono dt,l ahogado de/ demandante, n del dernandante que no tiene abogado, es) JAMES B. WICKERSHAM P.O. Box 1058 Alamo, CA 94507 DATE: MR 5 - 1984 Clerk, by _- �- Deputy Ifechal 1rru,tnrt! J, I]e — (pelegadol ISEALI NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. as the person sued under the fictitious name of (specify): � I . WALNUT CREEK ]r i 3. �J on behalf of (specify): r, DANVILLE o _ A, r _ s9 Gni P o I under: CCP 416.10 (corporation) J CCP 416.60 (minor) If C/A� pt5� � P;qCCP 416.20 (defunct corporation) �] CCP 416.70 (conservatee) r7sjq cout+`� `� C CCP 416.40 (association or partnership) CCP 416.90 (individual) other. 4. C I by personal delivery on (date): Form Adopted by Rule 982 - (See reverse for Proof of Service) Judicial Council of Cald,rrma SUMMONS CCP 412.20 9821&1191►Rev January 1 19841 00 085 1 ` Board Action : CLAIM May 22 , 1984 r DORM OF SOPERVISOEiS OF CONTRA CoNk CO@R1'Y, CRLTFC_Rmk claim lVgainst the County, cc District ) HNICB TO C[AIIMW governed by the Board of Supervisors, ) The copy Led to you is you Routing Endorsements, and Board ) notice of the action taken on Your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, bel(+), to California Government Codes ) given pursuant to Oovernoent Code Section 913 and 915.4. Please note all "Warnings". Claimant: Michael Kuni ck Attorney: Larry F. Hol dri ch 5069 Appian Way , El Sobrante , CA 94803 County Counsel Address: APR 17 1984 Amant: $20,000- 00 By delivery to clerk on Martille'L. e* JYVJ Date Received: A p r i 1 . 16 , 1984 By mail, postmarked on April 16 , 1984 Certified Mai ! P271 875 046 I. mm Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: A p r i 1 16, 19 8 4 J.R. CESSGN, Clerk, By J ���►-c�, . Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (� ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAIIS 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 sena warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: < < By: Deputy County Counsel III. Fri: Clerk of the Board TO: (1) County el, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . BOARD CRaEEt By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Reeni DuBois - Dated: May 22 . 19 84 J. R. OLSSON, Clerk, By ._L�.,,�D�1 .: , Deputy Clerk WNRM G (Gov. Code Section 913) Subject to certain e:ooeptions, 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 Governoent Code Section 945.6. -You may seek the advice of an attorney of your choice in cormec.-tion with this matter. If you want to consult an attorney, you should do so immediately. V. PWM: Clerk of the Board RSD: (1) County 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 mend thereof has been filed and endorsed an the Board's copy of this Claim in a000rdanoe with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: May 2 2 , 19 84 J. R. OLSM Clerk, By , , Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 0.8 pomp I 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, El 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 Sheriff' s vehicle negligently operated by Deputy Sheriff, Frank Lee Battles, struck the rear of the vehicle driven by Claimant. F EIVED ANR J41 i984 ASOF OLSSONE O .06CLURC 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 pain and suffering. Medicals are not complete as of this writing, nor has a wage loss been fully determined. Dated: April 13 , 1984 i By LARP HOLDRICH Receipt of the above Claim is hereby acknowledged this day of 0 0 �� s APPLICATION TO FILE LATE CLAIM • BOARD OF SUPERVISORS OF CJOmRA corm cOU1`a'y, CA IFOMPNIA BOARD ACTION May 22 , 1984 Application to File Late ) NOTE TO APPLICANT Clain Against the County, ) The copy of this docmient mailed to you is your Routing Endorsements, -and ) notice of the action taken on your application by Board Action. (All Section ) the Board of Supervisors (paragraph III, below) , references are to California ) given pursuant to Government Code Sections 911.8 Government Code.) ) and 915.4. Please note the "Warning" below. Claimant: Guadalupe Duran County Counsel Attorney: Fredric L. Webster APR 2 4 1984 Law Offices of Sol S. Judson Address: 3846 Railroad Avenue Martinez, CA 94553 Pittsburg, .CA 94565 Amount: $500 ,000. 00 By delivery to Clerk on 4/20/84 Date Received: April 20 , 1984 By mail, postmarked on 4/19/8 4 Certified Mail P 203 931 036 I. FRO?": Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Applica ' n to FileLate Claim. DATED: 4/20/ 8 4 J. R. OLSSON, Clerk, By � ��1' � � Deputy Kell R. Calhoun II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6) . (�) The Board should deny this Application to File a Late Claim (Section 911.6) . DATED: �f-.zS_gc� JOHN B. CLAUSEN, County Counsel, By o�ria , Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6) . ( X ) This Application to File Late Claim is denied (Section 911.6) . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. 'DATID: 5-22- 84 J. R. OLSSON, Clerk, By -�.�-c�a .� , Deputy Reeni PnRoic WARNING (Cov't.C. 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you fraci the provisions of Government Code Section 945.4 (claims presentation re- quirement) . See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your applica- tion for leave to present a late claim was denied. You may seek the advice of any attorney of your choice in connec- tion with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM; Clerk of the Board TO; 1 County Counsel, 2 County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: 5-22-84 J. R. OLSSON, Clerk, By / �.�r`-c�o . Deputy V. FROM; 1 County Counsel, 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By 00 D138 APPLICATION TO FILE LATE CLAIM RECEI TED 1 FREDRIC L. WEBSTER LAW OFFICES OF SOL S. JUDSON, 2 A Professional Corporation t 3846 Railroad Avenue 3 Pittsburg, California 94565 ci r. e „.D OF su��Rvisoes Telephone: 4151439-9181 By.............. -::. os�A c .. o.--.._.Deputy 4 Attorney for Claimant 5 6 7 8 9 10 CLAIM OF GUADALUPE DURAN DECLARATION OF CLAIMANT IN 1;1 vs . SUPPORT OF APPLICATION FOR LEAVE 10, COUNTY OF CONTRA COSTA TO PRESENT LATE CLAIM ! � 13 14 I, GUADALUPE DURAN, declare : 15 I am a housewife and have no prior knowledge of the 16 law relating to filing of claims against public entities . 17 That my child was born at Contra Costa County Hospital 18 on October 28, 1982. I had on-going medical problems but was 19 never told the nature of the problem. On January 6 , 1984, I 20 learned for the first time that something might have been left 21 in my stomach after the birth of my child. I was also told by 22 a nurse that I needed an operation for a tumor, but a doctor -23 that same day told me I did not have a tumor. I had two surgeries 24 on January 24, 1984. I felt definite that something was wrong 25 after the surgery on January 24, 1,984 when I saw something like 26 a worm at my surgical incision. LAW OFFICES SOL S. JUDSON I�((��pp Q 140 RAILROAD AVENUE l TTSBURG. CA. 04565 - A38-8161 i r " I At all times I was dealing directly with the staff 2 of the hospital and never understood the nature of my medical 3 difficulties . I attempted to get help but never learned of the 4 problem from a member of the medical staff. I am Spanish speaking 5 and do not understand English. 6 I was never advised by any party that I had only 100 7 days from the date of the accident to file a claim against the 8 County of Contra Costa, California. I was totally confused as 9 to what', if anything, occurred as to my medical treatment. 10 The County of Contra Costa is no way prejudiced inasmuch 11 as they have all the medical records relating to my medical problems 12 and are aware of the circumstances surrounding the accident. 13 It was my inadvertence and to my surprise and it is 14. to my excusable neglect that I did not file a claim against the 15 County of Contra Costa within the 100 days upon me learning that 16, after the birth .of my son that medical items used in my son' s 17' birth were left inside me. 18 I declare under penalty of perjury that the foregoing 19' is true and correct, and that this declaration was made on April 20 18, 1984, at Pittsburg, California and translated by Jeannie 21 Garcia to me. 22 GVT Ute. Q� 23 AD 24 25 26 LAW OFFICES SOL S. JUDSON A M W2100MiLL CMMMAnO o 0 O(�O 9946 RAILROAD AVENUE PITTSOURG. CA. 94565 499.9t9t CLAIM AGAINST THE COUNTY OF CONTRA COSTA GUADALUPE DURAN (born January 18, 1953) presents a claim for damages against the County of Contra Costa, California, for medical expenses and general damages in the sum of FIVE HUNDRED THOUSAND DOLLARS ($500, 000. 00) . CLAIMANT' S ADDRESS : 112 West 9th Street , Pittsburg, California. DATE OF OCCURRENCE : First learned of possible problem on January 6, 1984 , but felt definately something wrong after my January 24 , 1984 surgery. PLACE OF OCCURRENCE : Contra Costa., County Hospital, Martinez, CA. SAID CLAIM ARISES FROM THE FOLLOWING CIRCUMSTANCES : My child was born October 28, 1982 in the County Hospital in Martinez, California. On or about January 6, 1984, I ]Learned for the first time from a person who looked at my medical file that at my child' s birth some items may have been left inside me at the birth of my son, but, also on January 6, 1984, a nurse told me that I was to have surgery .for a tumor. On January 26, 1984 , I underwent additional surgery twice on that same day. ITEMS, NATURE AND EXTENT OF DAMAGES : 1. Medical expenses incurred. 2. General -damages in the sum of $500, 000. 00. DATED: April �� 1984 AAIJA1.UPE VURAIr- FREDRIC L. WEBSTER LAW OFFICES OF SOL S. JUDSON, A Professional Corporation 3846 Railroad Avenue Pittsburg, California 94565 Telephone: 415/439-9181 Attorney for Claimant 00 . 0 9 t APPLICATION TO FILE LATE CLAIM / BOARD OF SUPEFVISORS OF CDNTRA COSTA COUD-r Y, CU VT NIA BUUARD ACTION Ar plication to File Late ) NOTE Ta APPLICANT May 22 , 1984 Claim Against the County, ) The copy of this document mailed to you is your Routing Endorsements, -and ) notice of the action taken on your application by Board Action. (All Section ) the Board of Supervisors (paragraph III, below) , references are to California ) given pursuant to Government Code Sections 911.8 Goverrunent Code.) ) and 915.4. Please note the "Warning" below. Claimant: Recovery Services International on behalf of Meza Brothers Trucking. One Embarcadero Center, Suite 810 County counsel Attorney: San Francisco, CA 94111 Address: MAY 16 1984 mount: $58 , 500 .00 Martinez, CA 94553 By delivery to Clerk on April 23 , 1984 Date Received: April 23 , 1984 By mail, postmarked on I. FRO!% Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Application to File Late Claim. DAs: April 23 , 198&. R. OLSSON, Clerk, Deputy K lly . Calhoun II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6) . ( � ) The Board should dem this Application to File a Late Claim (Section 911.6) . DATED: JOIE] B. CLAUSEN, County Counsel, By q, uty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6) . ( X ) This Application to File Late Claim is denied (Section 911.6) . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: 5- 22- 84 J. R. OLSSON, Clerk, By,���""`'o� • Deputy Reeni DuBois WAFNING (Gov't.C. 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation re- quirement) . See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your applica- tion for leave to present a late claim was denied. You may seek the advice of any attorney of your choice in connec- tion with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel, 2 County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a mem thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. 5-22-84 r ,/ Deputy DATA: .�. R. OLSSON, Clerk, By � u f V. FROM: 1 County Counsel, 2 County Administrator T0: Clerk of the Hoard. of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 00 092 • - Recovery Servs tntemotionol — �- o CIGNP.Company One Embarcodero Center Suite Bio Son Francisco.CA 94119 (415)954-4396 April 11, 1984Contra Costa County RECE,\fED Public Works Department office255 of Martinezier�D94553 County Ad�,tnistrator Attention: Mr. Terry McGraw RE: Our File 164 T 648013 INA/Maze Brothers Trucking D/A 11/2/83 Amount $58,500.00 Location Jersey Island Road Dear Mr. McGraw: We are the Recovery Department of Insurance Company of North America who paid the above amount for loss of Ewes & Lambs when our insured's vehicle went off the road. This claim was denied on the basis that there were adequate warning signs to alert motorists who have to use this road as to the hazard. The acci- dent occurred approximately 5.1 miles north of Cyprus Road and our adjuster took pictures but could find no signs that warned of any hazards. The CHP investigated the loss and they state, "This accident was caused by inadequate roadway for the load being moved over it." Nowhere on the road were there any load limit signs. Our insured was not in violation of the state load limits. We attach hereto supporting documentation for our claim -and you will note the original claim was for $63,316.25 but there was an agreed settlement. of $58,500.00. i We will appreciate your further advice regarding the claim. t Very truly yours, RECOVERY SERVICES INTERNATIONAL ar ara Swan ••�� CELT E BS/hk R ]J encl. Ap�� �qg4 K� K O 00 093 r � • di3027- r�i!r•ERT![:Lt710!: DATE FILE: DATE:r 01/16/84 j I kY • _ DDD AM: **$58,500.00** - fAY TO THE C--:Eft 0; ORDER:! { 11 Dave Ferguson and Pete Swanson �{ NOT NEGOTIABLE 208 So. Portols {: Livermore, CA 44550 I{ { "MI OfMCE IWIALNUT CRM/SH/vfe_--- I Full Settlement of Compromised 1P01��`Dt°ER claim ---;- Hez+a Brothers OATF OF E W i tuamun 11/02/83 _ .Ferguson; D.- 00 0911 • • ' -? P.ELEQSE.OF SILL CL<+.tiAS OfileP770 T 64 80 13-3 VIJ'rW All MEPd BY THESE PPESEt4TS: That the Undersigned, beine of lawful age. for the sole considnratinn of Fifty-Eight Thousand Five Hundred and 06/100*e* ************** ******** *ee*est**e**** Dollars to tht undersigned in hand paid. receipt whereof is hereby acknovleciged, do/does hereby and for my/our/its heirs, exe: * •- administrators, successors and assigns release, acquit and forever discharge—Hezg Brnthers,Tnc_,.�.EmplogPPe , xxnd nr Agpntn and the TnanrmnrR+ OM-Py of Nn th Atnarira a r:= and his. her, their, or its agents, servants, successors, heirs, exeicufors, administrators and all other persons, firms, icorporatior` . associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages. costs less :-4 service, expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on �ccc•,^t of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuria: ar d F r:•i erty damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on I•• about the 2nd day of November I1 83 at or near Isladn Ferry Road,. Sherman Island, CA It is understood and agreed that this seftlemew is the cor^i•romise of a dcubtful and disDUteC claim, and that the payrner, made is not to be construed as an adrn:ssion of liabil.ty on the pert of the party or parties hereby released, and that said releasees deny liability therefor and intend mere!y to avoid litigation and buy their peace. The undersigned hereby declare(s) and represent(s) that the injuries sustained are or may be permanent and progress;.c and that recovery therefrom is uncertain and indefinite and in making this Release it is understood and agreed. that the unoer signed rely(ies) wholly upon the undersigned's judgment, belief and knowledge of the nature, extent, effect and duration of said injuries and liability therefor and is made without reliance upon any statement or representation of the party or parties herei:y released or their representatives or by any physician or surgeon by them employed. The undersigned further declare(s) and represent(s) that no•promise, inducement or agreement not herein expressed hes been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. I�TIItiIIpBQlttl t!I: MARILYN K. HOSMER _ NOTARY PUBLIC • w ALAMMA COUNTY, CAUFORNIA . My commission expires lune 21,1955 lOWUtli r tlllr�r THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. Signed, sealed and delivered this day of CAUTION: READtEAORE SIGNING+ LS Witness / LS Witness STATE OF— COUNTY F c•���i j COUNTY OF �o�iQ— SS. On the 0�3 day of 19 before me personally appeared tome known to be the person(s) named herein and who executed the foregoing Release and --acknowledged to that Voluntarily executed the some. My term expires L�yi 19 Notary Public 00 091-91- JF-7C92 Pltl.M U.S.A. i Ez&- E,'r' o-=. Inc. Loc ;t3 ='T.: 6.57 PAChoCG Los Lianos. LA F:.1 E IJo: H :E- 1 _:?-1M-R Date c- Loss. 11-2-8'!. STATEMENT OF LOSS i I 8' 4j 19.600. 0<: W 1 vctl LIE 10.5 IbE per ewe X 280= L $I �'.UCt per 1t,. ($1 .0C� per lb. a,&-,-i.-.et plus $1 .00 Gc:-ernn,erit incentive 5. 80C I_)C, I Gross ewe 1 os5 25. 48C�.C)C.- Lees sEl verge 24' 75 Net ewe loss 25,236.25 25.236.25 Lambs 1 ) Market Value 560 C 100 1 b s 5600 lbs at $65.00 per hundredweight 36.400.00 2) Wool value $2.00 per pelt plus $1.00 Government incentive = $3.00 per lamb 560 X $3.00 11680_00 Total lamb loss . 38 08Q1.00 38 080.00 Total ,loss of livestock At time of accident 63.316.25 a0� -09 ^ .^ .. . ' ' LoT F tic`n: 2657 PEcr , Los f/anos. CA . � . . SlATEMEN7 OF LOSS F[ojected lEDEE cjf wor-;l Projectzor. zais, on E. 6 year 'life. ^ The ege o-; the swes that were destroyed were as, follows: 1or 1ewes vere 4 years old - ] e�'� n� 2 year� of woo] pr-oduciog remaining 168 X 10.5 lb ) X (2 yrs. ,, �1�. ()�/ *7,056.00 2> Z7,0% or 84 eweE. were 3 years old - leaving 3 years of wool d i i i (B4 � 1{) )5 lb �ro uc mg rema n n� . � X (3 yrs. X 5,292.00 3) I0% or ?B ewes were 2 years old - leaving 4 years of woo] d i i �ng <2B X 10 5 lb > pro uc ng rema n . lbs ""I 4 yrs. K00 Total 14,700.00 ` ' n� x o� �� ��rl . -..- ur ed. to: , brow. in: . t._&S M I C": I- aCh M Lon n F anoE S1 ATEMENT OF LOSE analQ- polo F r _'_ect: _q i=eF:'ends on s•z s remaining breeding 1 i 4e and the fact that EJ0. of the totes' ewes lost will have twin lambs, once a year, and ,20% will have only one lamb. 1 2M 1 EVA 04 ewe_. . j e,av3 n ' v" _. thei 001 h on 1 �. o. e jomb i`- c % *1. 0o per pe 1 ti per year 224 446 X $3. 00 per- pelt ) 1 , 344. 00 per year x x X x x X x x x X X X x X x x X x x x X x X k x X X X X X X X Y. F'ro�ecte:i w�c�l to=_� �a,mt_ 1 ! 1512 X 4 yrs. = 6048 lb (6048 lbs X ' $3. 00(-) 16, 144. ��C► Total Lamb wool loss 16, 144.00 00 098 ( / . ' Loc��ior Fa "A' E- No: HP,:6- ��te cf Los s, .2-E,3 , . STATEMENT OF LOSS �,: + e p=c, I i L� �� t V s TtzcuJ c�3 ,ed were twzn lrrj',s ewes. Onc& t"ese h�vs there is an 80% chance that ear--h year when the� l &mb it wi } l oe zwins. ln so much as these ewss oDur,le a ranc'`ers� producAion and have to be cu11e:2 from the genera] floci ovsv" e per3od of time, no rancher is willing to part with his stod', hence the ewes can not , be replaced immediatly, but only over e long period of time. It then is necessary to project the loss over the breeding life of the ewes. According to the [laimsnt the ewes were the below mentioned ages. Thes-e ages are the a3es we Will use to estimate the loss. 1 ) 60". @ 4 years - remaining breeding life - 2 years - 168 ewes ' 2) 30% @ 3 years - remaining breeding life - 3 years - 84 ewes 3) 10% @ 2 years - remaining breeding life - 4 years - 28 ewes Total ewes 2B0 ewes 80% X 280 ewes Proig.ct�d ���Db��� of l���b� lost � t�i�� 1 ) 134 X 2 years 268 lambs 2> 67 % 3 years 201 lambs 3) 22 X 4 years 88 lambs Total twin 1 anb lxzst 557 lambs Total single lamb lost 57 lambs Total projected lamb loss 614 lambs Projected dollar loss @@ $65.00 per hundredwight .�� 614 X 100 lbs = 61 ,400 X $65.00 $339, 100.00 � { , 5Q�� Q��� w\� u �^J