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MINUTES - 05081984 - 1.28
clam BARD OF SUPEVISORS cr CQPPRA. CoaMr p LUroleM Board Action May b. 1984 Claim Against the County, or District ) NNICB TO CZAI?9W governed by the Board of Supervisors, ) Stye s t ma lea to you is your Routing a-dorsements, and Board ) notice of the action taken on your claim by the Action. All Section referenoea are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to LAMM Code Section 913 and 915.4. Please note all 4"q,� Counsel Claimant: Leonard Wenger & Marjorie Wenger Attorney: John D. Link, Esq p.oF, 10 1984 Walkup, Downing Shelby, Bastian, Melodia, CA 94553 Address: Kelly & 01R6,illy �,altiilt8t, 650 California Street , 30th Floor Amount: San Francisco, CA 94108 By delivery to clerk on $6,000, 000. 00 Date Received:Ap r i 1 9, 1984 By mail, postmarked on April 5 1984 Certified Mail 497 149 bbl I. FFM: Clerk of the Board of Supervisors M: County Counsel Attached is a copy of the above-noted claim. � Dated: April 9, 1984 J.R. 6GSSBN, Clerk, By �l Beput y Kelly R. Calhoun II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) ( This claim am plies 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 send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: I I Dated: - By: Deputy County.Counsel i III. FROM: Clerk of the Board 70: County Counsel, (2) County Administrator ( ) Claim was returned as untimely withlnotioe to claimant (Section 911.3). I IV. Bow ORDER By unanimous vete of Supervisors present ( X) This claim is rejected in full. ( ) Other: I I I certify that this is a true and correct Dopy of he Boa�d's Order entered n is minutes for th date. e e n i u B o 1 s Dated: May 8, 1984 J. R. LESSON, Clerk, By , Deputy Clerk - N►IUM (Goin. Code Section 913) Subject to certain ezoeptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. _ You may seek the advice of an attorney of your choice in carection With this matter. If you Want to consult an attorney, you should do so immediately. I V. FROM: Clerk of the Board 10: (1) County Counsel, (2) County Administrator we notified the claimant of the Board's action an this claim by mailing a copy of this docment, and a mean 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 Iapply for leave to present a late claim was mailed to claimant. Dp, jc May 8, 1984 J. R. C[.SSON, Clerk, BY. , Deputy Clerk cc: County Administrator (1) I 0n 029County Cunsel (2) CLAIM i CLAIM AGAINST THE COUNTY OF CONTRA COS ON BEHALF MARJORIENWENGERWENGER REC E�VED TO: CONTRA COSTA BOARD OF SUPERVISORS, COUNT OF CSRRA9j,9oj COSTA, MARTINEZ, CALIFORNIA: �c J' R- o� °F u1P"VISOas LEONARD WENGER and MARJORIE WENGER b� Cn L claims for damages against the County of Contra sum of $5,000 , 000 .00 and $1 ,000 ,000 .00 , respectively. The particulars of the claim are as follows : A. Name and Post Office Address of Claimants: Mr. and Mrs. Leonard Wenger 3178 Meadowbrook Drive Concord, CA 94519 B. Address to Which Notices are to be Sent: John D. Link, Esq. WALKUP, DOWNING, SHELBY, BASTIAN, MELODIA., KELLY & O'REILLY 650 California Street, 30th Floor San Francisco, CA 94108 (415) 981-7210 C. Date , Place and Other Circumstances Which Give Rise to this Claim: The incident giving rise to this claim occurred on January 5, 1984 , at the intersection of Port Chicago Highway and Bacon Street in Concord. Claimants were proceeding southbound on Port Chicago Highway when their automobile was struck from the right side by an automobile proceeding eastbound on Bacon Street and crossing Port Chicago .Highway. Claim is made against the County of Contra Costa on the basis that the County owned, maintained, operated and controlled the streets forming the intersection where the accident occurred and that the accident was caused by negligence on the part of the County of Contra Costa which caused the intersection and adjacent streets to be in a dangerous and defective condition of public property, which condition specifically consisted of inadequate traffic control devices and roadway markings, and in addition, a failure to maintain natural growth so as to allow adequate visibility by motor vehicle operators proceeding as were the vehicles involved in this collision. 00 030 � .y• r ; 5 D. Description of Injuries and Damages: As a result of the collision, claimant LEONARD WENGER suffered a fracture of the cervical vertebrae causing injury to the spinal cord and resulting in the condition of quadriplegia. Claimant MARJORIE WENGER has suffered contusions and abrasions, as well as a loss of consortium. E. Employees Causing Injuries and Damages : The names of the employees of said public entity responsible for the occurrence herein described are unknown to claimants at this time. F. Amounts Claimed: Claimant LEONARD WENGER claims damages for his injuries in an amount of $5 ,000 ,000 . 00 . Claimant MARJORIE WENGER claims damages for her injuries in an amount of $1 ,000 ,000 .00 . Loss of earnings and medical expenses are continuing and claimants havernot been provided with medical bills nor loss of earning verification at this time. DATED: April 5, 1984 . WALKUP, DOWNING, SHELBY, BASTIAN, MELODIA, KELLY & O'REILLY BY _ _/ .1 1� 4 4--ju D. NK or 'e for Claimants -2- 00 031 4 t CLAC". BOn4M OF SOPM19M CP C ffFM CTA a)Wff. CR1XKRM Board Action May 8, 1984 Claim Against the County, cc District ) WNICS TO CQAII4AM governed by the Board of Supervisors, ) . The copy of this document milled to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Gmrment Code Section 913 and 915.4. Please note all 'Warnings'. Claimant: Dr . Richard W. Lovette County Counsel Attorney: Russell W . Taylor 10 ,1984 Taylor & Field pFR Address: 440 Grand Avenue, Suite 301 Ch 94553 Arrant: Oakland, CA 94610 By delivery to clerk an Ma�lnez, (Unspecified) Date Received: April 9, 1984 By mail, postmarked on A p r i 1 7 - 1984 I. TRW: Clerk of the Board of Supervisors TO: Canty Counsel Attached is a copy of the above-noted claim. Dated: April 9 , 1984 J.R. OLSSON, Clerk, By ��� t �C�L�C / Deputy Kellv'R . Calhoun II. PM4: County Counsel TO: Clerk of the Board of Supery sors (Check only one) (,-A/,) 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. shouild 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 ty Counsel, (2) ty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. . BOARD CBDEFt 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. e e n i DuBois Dated: 5-8-84 J. R. OLSSON, Clerk, By �,o . Deputy Clerk NARNIM (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 corv*cticn with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, .(2) County Administrator We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 5-8-8 4 J. R. CY.SSON, Clerk, By, p e- : n�(_/� . Deputy Clerk 00 032 cc: County Administrator (1) County Counsel (2) CLAIM LAW OFFIjC yyES OF IO RUSSELL W.TAYLOR TAYLOR FIELD TELEPHONE DOUGLAS L.FIELD A-PROFESSIONAL CORPORATION (415) 451-6633 440 GRAND AVENUE,SUITE 301 OAKLAND, CALIFORNIA 94610 April 4, 1984 RECEIVED Clerk, Board of Supervisors APP; 9 lop County of Contra Costa r ��•� 651 Pine Street J. it.CLERo�ssoN Martinez, California 94553 SUPERVISORS SUPEtVISORS TA Co. Re: Claim of Dr. Richard W. Lovette, 4701 Appian Way, El Sobrante, California Dear Sir dr Madam: This letter is intended to constitute a claim against the County of Contra Costa pursuant to the provisions of California Government Code section 910. The claimant's name and address is: Dr. Richard W. Lovette, care of Russell W. Taylor, Taylor & Field, 440 Grand Avenue, Suite 301, Oakland, California 94610. All notices should be sent to this address. The claim relates to negligent and improper maintenance and repair, or failure to maintain and repair, a certain drainage easement which crosses Dr. Lovette's property. Within one year prior to the filing of this claim, excess amounts of dirt and debris have been permitted to accumulate in the drainage easement, causing the drain- age channels to become nearly full. Dr. Lovette's property has suffered damage by virtue of the build up of dirt and debris, and recent rains have caused a near-flood condition to exist. Should additional rain follow, serious additional damage to Dr. Lovette's property, as well as surrounding properties, will result. The exact dollar amount of the claim is unknown at the present time. The relief sought is either removal of the accumulated dirt and debris by the County to restore the drainage channel to its original condition, or the monetary cost of Dr. Lovette having to engage appropriate con- tractors to accomplish the task. The name or names of the public employee or employees causing injury, damage, or loss, are unknown at present. 00 033 w a Clerk, Board of Supervisors / April 4, 1984 j Page 2 We look forward to your prompt response to this claim. Very truly yours, T YLORFFIIE_LD RUSSELL W. TAYLOR RWT:vm cc: Dr. R. W. Lovette 00 034 ,t i CLAI • DOM OF SOPERVIOF CONTBA Cffi!'A COMM MMMORNIA Board Action May 8, 19 Claim Against the County, or District ) IMCE TO C ATNW governed by the Board of Supervisors, ) 7he copy s t ma led to You is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, bele+), to California Government Codes ) given pursuant to government Code Section 913 and 915.4. Please note all "Warnings". Claimant: James Wortham, P . 0. BOX 430 , Clayton, CA 94517 County Counsel Attorney: PPR 10 1984 Address: Martinez, CA 94553 Amount: $3 6 o. o o By delivery to clerk on Date Received: April 9, 1984 By mail, postmarked on April 6 , 1984 I. FROM: Clerk of the Boar of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. J.R. OSSON, Clerk, ByW / Dated: April 9, 1984 Deputy el.. R . Calhoun II. FRRCM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) (� ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: _ I By: Deputy County Counsel III. FROM: Clerk of the Board T0: (1) County Counsel, (2) ;7ty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. WARD By unanimous vote of Supervisors present ( X ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copyo theBoard', Order entered in its minutes for this date. e e n i DuBois Dated: 5-8-84 J. R. CLSSON, Clerk, By . Deputy Clerk WMW= (Gov. Code Section 913) Subject to certain exceptions r 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 caysection with this matter. If you want to consult an attorney, you should do so immediately. V. PROM: Clerk of the Board 70: (1) Canty Counsel, (2) County Administrator We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a mono 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 rlaizmant. R e e n i DuBois DATED: ;i-8-8 4 J. R. CISSON, Clerk, By�� Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 035 CLAIM S • J* ` t" CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to - person or to personal property :or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. �. 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 o is form. RE: Claim by )nese Vg stamps ntR. Against the COUNTY OF CONTRA COSTA) .� J. R. oi.ssoN iL I•' ) CLERK BOARD OF SUPERVISORS or ry� -(�^JL2. fle 1 DISTRICT) / TA CO. — (Fill n name) ) y� � The undersigned claimant hereby makes claim against �e County of Contra Costa or the above-named District in the sum of $ a 60, dD and in support of this claim represents as follows. i.~ When did the damage or injury occur? (Give-exact date and hour) i� _l» 1Where_ id the �y damag 2. -e--o-r--in-j---ury----occur?-- ---(In-- -clude----city---and- --cou---n ------ ty) 3. How did the damage or injury occur? (Give full details, use extra sheets if required) &i�e.7- �iL J 9AAE9 49w:S &S A41 9ARV*ND -1w00, 0140 0 a*t�o I-r wo �1511"Gr )Q_ __ 13J0�S F1 0 4. What particula3 or iiPart � - c LaSr •aks officers , servants or employees caused the injury or d�age? /VA,Q'll- Los-' MV CCo7j�>'-f (over) ' 5. What are the names of county or district officers, servants or employees causing the damage or injury? IQi�4� IQiA �ts7 C �0-f3�.1. 1�1� JIWO /,t7�:s �p,J'� __�_A_J -- --� =--------- ------------------- 6. What damage -or injuries go you claim resulted? IGive full extent of injuries or damages claimed. Attach two estimates for auto damage) -- 7- H---ow---was-----the--------amount--------claimed---above--------computed?--------------(Includeth-----e-est-----imated------- . amount of any prospective injury or damage. ) —1- <&J"' 80IYV 7 cf eto7,dc.S 41VO r00-IA-6S ��7 -_�v_ !2�- - ��:tl__at Z------------------------------------------ Names and addresses of witnesses, doctors and hospitals ' C'iL�7� ,A!►lp ,yl r -----� •�-1rgY --�---3'srrw'� -------------------------------- E --- ----------- — — ------- -- --- 9. Li t' f he v Iiet0itures! you made ori account of this accident or injury: IiE _. ...., : .� ITEM AMOUNT Dcs ,✓vz kewii s _ 4 '60. 00 Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney �Q. , 1UL;ff Claimant' gnature Awe 5/30 ddress A), e-A = 9yS'i 7 Telephone No. Telephone No. NOTICE Section. .72 of the Penal !Code provides: "E3A ry .person who, with intent to defraud, presents.. for ai �e .lovane - 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. " Board Action : May 8, 1984 CLAM BOW4 .`r or SUPERVISORS O COURUMM 0ow"t cummm Claim Against the County, asr District ) p0►1'ITO C[AZWW governed by the Board of supervisors, ) The copy Led to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government oode Section 913 and 915.4. Please note all 'Warnings'. Claimant: E1 vyn C . Howell County Counsel Attorney: Myron F . Tower 369 Juana Avenue APR 0 3 1984 Address: ' San Leandro , CA 94577 Martinez, CA 94553 Amount: $50,000 . 06 By delivery to clerk on Date Received A pr-i 1 3 , 1984 By mail, postmarked on M a r c h 31 , 19 8 4 Certified Mail " P07 9356136 I. FRC2+1: Clerk of .the Board of Supervisors- TO: County Counsel Attached is a copy of the above-noted claim. Dated: April 3 , 1984 J.R. OISSON, Clerk, By Q J,tlue) Deputy Ifu II. FRCM: County Counsel TO: Clerk of the Board of Supery cors (Check only one) (x) 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. F'RCM: Clerk of the Board 70: (1) County Counsel, (2) Canty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. B01M By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in iis minutes for this date. R e e n i DuBois Dated: 5-8-81 J. R. CIiSSC N, Clerk, By • Deputy Clerk i4kRi M (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 oowv:ecticn with this matter. If you want to consult an attorney, you should do so immediately. V. FRC14: Clerk of the Board TO: (1) County Cassel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action an this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703. { ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED. 5-8-8 J. R. M.SSON, Clerk, By -c��a-ao , Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 036 CLAIM r CLAIM AGAINST PUBLIC ENTIT RECEIVED To: 3 19$4 Contra Costa County Board of Supervisors APR ' 651 Pine Street J. t OUMON Martinez , CA 94553 ddc �T Claimant, ELVYN C. HOWELL hereby makesclaim agains County of Contra Costa as follows: On or about January 1 , 1984 , .a landslide, caused by improper construction , improper grading, .and/or inadequate .protective measures taken by the tounty' of Contra Costa, its. agents and employees, occurred from approximately the northerly edge of Hillcrest . Road onto unimproved lots owned by claimant fronting on Montera Court .(see attached diagram) . This has resulted in an undetermined number of cubic yards of loose earth being deposited on . claimant' s said lots, and a continuing threat of further slides onto said lots. Claimant has not been able .to ascertain the precise amount of damage thus caused, but is informed and believes., and thereon alleges, that such .damage will exceed the sum of $50 ,000. 00 , being the amount .required to. remove .said earth from claimant's said lots and to adequately protect against further slides occurring ontosaid lots. All communications directed to claimant are to be made .to claimant's attorney at the following address and telephone number: MYRON F. TOWER Attorney at Law 369 Juana Avenue San Leandro, CA 94577 Telephone (415) 352-7246 M Ni .. .—TOWER, .Attorney for Claimant 00 037 w� a P C , • n Y � w � N n 3 kz Q) U q0 (n n UU61 Cb J .11, i •O c tA SA 6 o f .•' O Imo,°� � ,f, o � J ,� V1 r 1q•,_,! �r V• M e < a h� r D• t •s�t µ,e' r' `' V A' It 3a ','V �%.�S �3 P •t.� SO O WO f O or. C J, • '3s , � co � w e. W t m O� : toy © '1� N Na 4 0 `'At V `' 4 cn P p' f , nC m?.,• 00.7 Z ,0-rl Board Action : �-; t:WD4 May 8 , 1984 HOARD Cr SOP1.RVI90PS or COWNt Claim Against the Comty, or District ) NMCB To CLRDOW governed by the Board of Supervisors, ) The copy s t ma led to you is your Routing Endorsements, and Board ) notice of the action taken on yourclaim by the Action. ALI section references are ) Board of Supervisors (Paragraph I ', below), to California Goverment Codes ) given pursuant to Goverment Code Section 913 and 915.4. Please note all 'Warning •. Claimant: Roland E . Sena County �Ounsel Attorney: "oR 0 3 1984 Address: 835 0 ' Farre11 St . #507 M amtinei, CA 94553 San Francisco , CA 94109 Amount: $185 .00 By delivery to clerk on Date Receivedkp r i-1 3 , 1984 By mail, postman ked on M a r c h Z , 19 8 4 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated. April 3 , 1984 J.R. 0[SSON, Clerk, By �' Deputy Helen F . Marino II. FRCM: Canty Counsel T0: Clerk of the Board of Supero cors (Check only one) ( This claim oanplies 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: Deputy County Counsel III. FRCM: 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 CF4= By unanimous vote of Supervisors present ( X ) This claim is rejected in full. ( ) others I certify that this is a true and correct copyo eteniB rgos Order entered n is minutes 8 fg this date. Dated. J. R. OLS m, Clerk, By Deputy Clerk !4RNM G (Gov. Code Section 913) Subject to certain ezoeptions, you have only six (6) months from the date this notice was personally served or deposited in the mail .to file a court action on this claim. See 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 Hoard TSO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. . We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a mono thereof"has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 5-8-84 J. R. 0SSON, Clerk, By_ ���� . Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 039 CLAIM (.yAIM TO: BOARD OF SUPERVISORS OF CONTRA COSW, �'O TY Ur a I inal application to: Instructions to Claimant A. Claims relating to causes of action for death or forninjur°y�n o �3 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 ) Rese 7VE ng stamps �rQrl�' F_ seno� RECEIVE ) Against the COUNTY OF CONTRA COSTA) APD J. a�-5�,e. Ft`S DePC-w,a:�.�- ..��r; CLM BOARD TRA TA CO. (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 18 3-- c'0 and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. Whejys' did the damage or injury occur? (Give exact date and hour) �etwee� Z/63 /30/ 8q ------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Includne city and county) --------------------------------------------------------- d 3. How did the amage or injury occur? (Give full details, use extra sheet if required) n Oi' ,od l S40L F(1 J - 00 040 ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants, or employees caused the injury or damage? ®'. a/6/ $� � tssaS' reeeitcp� .v� �, Co. Co. C�� Jc�i� • /�+ '�-�'�' -�-+�-e. AT- � we6bt ^.Qoe- �3o e� ���� ��cn�F' �/Jhc+�IIe.� � c- �, w�s r-e �.�.-•ped �t-o ozp o�..cl ! s s g a�0 s+ +� el.o�-1,, a�--�- e cu c�`5' v� U_4,Ske,- c..00_+ vcz1ve_J 9 4 8 It z wciS oL�vc'�'�d b ®�.f ooft)'�Q. e���j's � S�lO►�� - �S P.-0 PQ,- e(a �o.--„�. ©.-� a I .-o eJ �-ece� + (ou E 2 CL pe.-n%1^ OL—T J"[e. ue,te—Ro,., }-Q-CO L,*-J . � . 5. What are the names of county or district officers , servants or employees, _causing t e dams a o:��n uco,CC costa s�e-n�,s - ------------------------------------------------------------------------- 6. , What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) - p,-o pe� ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) IBS.00 ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------- 9. i_st.. .the expe,nditurEs you made on account of this accident or injury: ITEM AMOUNT C4 f .-a LC YILI Co a.,r I S- Go Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some per on on his behalf. ' Name and Address of Attorney Claimant' S� n�ture 3 0' Fa--red stt S701 &cdress ��t- 44(Oq Telephone No. Telephone No. G' 3- 04 a3 O-K -5-0 NOTICE Section 72 of the Penal Code provides: 00 041 "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 , vouches- . or writing, is guilty of a felony. " t--p- Lei �� �e tiJJ Oma- 6�6� 8� w�l) Lf4 �►ow. C►ti.F 6- r•Q Si A,,-) *4 rye ab ov e. wnAe— .l Board Action : CLAIlK May 8 , 1984 ,.� BOA» of SOPMTSCFS OF CORM Cowff, cummWa Claim A;pinst the County, or District ) F CB TO CEAIMNr governed by the Board of supervisors, ) ft* dopy s t ma led to you is your Routing Endorsements, and Hoard ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Goverriaent Doses ) given pursuant to Government code Section 913 and 915.4. Please note all •warnirofty Counsel Claimant: Aetna Casualty & Surety Co . (John & Lynn Smith) APR 0 3 1984 Attorney: Martinet, CA 94553 Address: 201 North Civic Drive - Sui to 239 P . O . Box 8090 Via County Counsel Amount: W a l n tr t C r e-e k , CA 94596 By delivery to clerk on A p r i l 3 , 19 8 4 Unspecified Date Received: April 3 , 1984 By mail, postmarked on I. FROM: Clerk of the Boar3 of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: April 3 , 1984 J.R. OCSSM, Clerk, By Deputy Helen P . Marino II. FROM: County Counsel TO: Clerk of the Board of Supero sors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. (y) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are 11 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. PROM: Clerk of the Board 70: (1) County Zel, (2) Canty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOAM OFSIER By unanimous vote of Supervisors present ( X ) This claim is rejected in full. 00 042 ( ) Other: I certify that this is a true and correct copy o etc n i D u 's Order entered n is minute% for this date. Dated: J. R. C SSCN, Clerk, By :J , Deputy Clerk ihla= (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so imnediately. V. FROM: Clerk of the Board 70: (1) county Counsel, (2) Canty Administrator Attached are copies of the abode claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Hoard's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present .a late claim was mailed to claimant. DATED: 5-8-84 J. R. CESSOM, Clerk, By , Deputy Clerk cc: County Administrator (1) County Counsel (2) CLAIM O q County Counsel Personal Financial Security Division 201 North Civic Drive—Suite 239 t,qAR 8 0 1984 P.0.Box 8090 Walnut Creek,California 94596 Martinez, CA 94553 (415)947-6570 March 29, 1984 RECEIVED .County Counsel Contra Costa County 138 P. 0. Box 59 APR ,� County Administration Building J. R. otsson► Martinez, CA 94553 CLERK BOARD OF SUFERVISORS 4 TA'OD. _ RE: INSURED: JOHN & LYNN SMITH DATE OF LOSS: 3-1-82 LOCATION: 56 CAMINO SOBRANTE, ORINDA, CALIFORNIA Dear Sir/Madam: By copy of this letter, I am putting you on notice for damages that have occurred to our insured's property. In the event any payments are made on behalf of Aetna Casualty & Surety Company, we will be looking to you for reimbursement of those monies. It appears that in our initial investigation that the county is at fault for the loss which has occurred to their premises. Should you have any questions, please feel free to contact me. Very truly yours, Dehi'a M. Hall Senior Claim Representative Aetna Casualty & Surety Company db 00 043 Etna Life Insurance Company/ktna Life Insurance and Annuity Company -aa�e The.Etna Casualty and Surety Company Board Action : May 8, 1984 CUUM BOARD or SOPERVI9CR.S CF t7DRM CIaSm comff t'ALZFQWM Claim Against the County, or District ) NMC2; To QAVOW governed by the Board of supervisors, ) The copys t ma ed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all ings"• Claimant: Paul Shipley Ounty Counsel Attorney: David B . Green APR O 4 1984 Address: 120 Howard Street , Suite 740 Martinez, CA 94553 San Francisco , CA 94105 Amount: Unspecified By delivery to clerk on Date Received: -A p r i 1 4 , 19 8 4 By mail, postmarked on April 2 , 1984 I. FROM: Clerk of the Board of Supervisors T0: County Cassel Attached is a copy of the above-noted claim. . April 4 , 1984 ;�, Dated. P J.R. oLSSON, Clerk, By . Deputy e en F . mar-ino 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 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: aija 1e P A P. Deputy County Counsel III. FROM: Clerk of the Board 70: (1) Count-Y18' (2) County Administrator ( ) Claim was returned as untimely with notice to aimant (Section 911.3). IV. BOARD CFt By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) other: I certify that this is a true and correct copy of the Board's Order entered in iis minutes for this date. e e n i DuBois Dated. 5-8-84 J. R. OLSSON, Cler k, By . �>�/f .� . Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptiouns, you have only six (6) months from the date t his notice was permocmally served or deposited in the mail .to file a court action an this claim. See Government Code Section 945.6. You may seek the advioe of an attorney of your choice in oonnecticn with this matter. If you want to consult an attorney, you should do so imnediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a menu thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: . 5-8-84 J. R. C LWM, Clerk, By Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 044 CLAIM t CLAIM AGAINST: COUNTY OF CONTRA COST RECEIVED . 1. Name of Claimant : Paul Shipley APR l i984 2 . Address of Claimant : 1200 Upper Happy Valley oad Lafayette, CA 94549 J. R. oissoN._: CLERK BOARD OF. iu 3. Telephone number : (415) 284-2380 40NT A Co. 4. Name , address and telephone number of attorney for Claimant : DAVID B. GREEN LAW OFFICES OF DAVID B . GREEN 120 Howard Street , Suite 740 San Francisco , CA 94105 (415) 983-4740 5. Mailing address for all notices : DAVID B. GREEN LAW OFFICES OF DAVID B . GREEN 120 Howard Street , Suite 740 San Francisco, CA 94105 6. Date of injury, damage or loss : June 7 , 1983 7. Place of injury, damage or loss : Intersection of Los Huertas Road and Lafayette Moraga Trail, City of Lafayette , County of Contra Costa, State of California 8. General description of circumstances giving rise to injury , damage or loss : This claim is for comparative indemnity arising out of the lawsuit brought against this Claimant . A copy of the complaint in that lawsuit is attached hereto and made a part hereof as Exhibit A. Said complaint sets for the facts and circumstances of this claim. This Claimant did not become aware of the lawsuit until February 1 , 1984. 9. Amount of Claim: This claim is for comparative indemnity and the amount involved is unknown at this time. DATED: March 30, 1984 L a I ES OF DAVID B. GREEN DAVID B. GREEN Attorney for Claimant " 00 045 "&A AND ADORM OF ATTOANEY TELEPHONE NO F%,,i COURT USE ONLY Philip` H. Knudsen 415/835-0272 ' Kaufman i Knudsen 506 - 15th St. , Suite 200 Oakland, CA 94612 ATTOANEY FOR thanlel Inserl nine a cowl.fuO.cral dtsllrcl uranin Cuuri J any and Post 011.c.and Slraal AOOress SUPERIOR CQURT, STATE OF CAI,IFORNIA, COUNTY OF CONTR COSTA. P. O. Box 911 PLAINTIFF JOANNE MILLER as guardian ad litem for JAMI MILLER �(� �?� 1�►`✓'• Z DEFENDANT PAUL SHIPLEY, an individual ; COUNTY OF CONTRA COSTA; CITY OF LrAFAYETTE; EAST BAY REGIONAL PARK DISTRICT and DOES 1 to 50 SUMMONS C-SENuyaER 253 4 2y NOTICEI You haw been sued. The court may decide IAVISO! listed ha sido demandado. El tribunal puede against you without your being heard unless you respond decidir contra Ud. sin audiencia a mono& quo Ud. to- within 30 days. head the information below. sponda denlro de 30 dias. Lea Is in.lormaci6n quo sigue. '11 you wish to seek the advice of an attorney In this Si Usted desea solscltdr el conselo de un aoogado en matter, you should do so promptly so that your written este asunto. deberla hacerto Inmedtatamente, de esta response. If any, may be filed on time. manera. su respuesia escr+ta. sI hay alguna puede ser reglstrada a trempo 1. TO THE DEFENDANT A civil complaint has been filed oy the plaintiff against you It you Nish to defer) this lawsult you must. within 30 days after this summons is served on you file with ;his court a written response to the compla.n: Unless you do so, your default will be entered on application of the plaintiff, ano this co,rt r"ay enter a fudgmer.t against you for the relief demanded in the complaint, which could result In garnishment of .vages taking of monrtt or property or other re!1et requested In the complaint jar,: [� - DATED: " ' - - . .;....Clerk, By >:.. �r �,• Deputy (SEAL) 2 NOTICE-TO THE PERSON SERVED: You are.served a. 13� AS an Individual defendant. b LAs the person sued under the fict•tious name 'A C. On behalf of: . Under. 2 CCP 416 10(Corporation) CCP 416 60(Mlnorl CCP 416.20(Defunct Corporation) CC? 416 70(Incompelentl _ CCP 416 40(Association or Partnership) CCP 415 90 (Individual) ''Other: d _ By personal delivery on(Date) A ,,rdlK 1e1po•'se n..tit Qa _. •T woscr-retl ci 'r: !441•,n.y Buie; •.1 1..ur•. r .�' ._ ,.I .� . .+. d swv•ze L1 a c4ft .•n •Nati a ntdl S murn.r N••11 nr .aen piatrt of urrl rpreser.r:n 6r 4, 1'" "'fir •• " �k '.n a 9+1ty rimO y .a•y eOantl"; • 'be '"ttrcJ0•11 serv.t . .t C.t famyre See Gr.P 411 I9 V rL,�" 4:•.Sv 1'••: w V♦� 046.4 6, 10444-n Aclu.7es C11.14 tett";.••ant •le4ndar.l inoijes•:rosYoelendant Ir•11,•nq•�Iar r: V A For•ok AOOUIan by Rwe 96i (flee reaelse for Proof of serelee) JV7rC•.li c�,lnt:�ol L.afWn.. SUMMONS U rr_Enact.e��,..,.•, .'. a!'("RktEm!p 24pPry *tfmiDuT ATIORNEV NAf/E Aho AODRt'ls- IELEo►'W+E Fa GOUR►USE JhL"' Philip H. Knudsen (415) 835-0272 Kaufman i Knudsen 506 - 15th St. , Suite 200 I Oakland, CA 94612 NOV 1 6 , VICANEV FOR-NAME �JJ . seft name or court Iuaiciat d�lltntl of b/finch court d tiny 1^•J:.»' .'y:r, ano Slfrel 1Odiess _—� 1. R. OLSSON, County ClPrk n SUPERIOR COURT, STATE OF CALIFORNIA, CONTRA COSTA COUNT CONTRA COSTA C'nt'-'T'; P. 0. Bax 911 ,�� • , ww�, ,N aartinez, CA 94553 ►• �: INTIFF JOANNE MILLER as guardian ad litem for JAMI MILLER PAUL SHIPLEY, an individual ; COUNTY OF CONTRA COSTA; CITY OF LAFAYETTE. FAST BAY REGIONAL PARK DISTRICT x'; DOES 1 TO ._50 'OMPLAINT--Personal Injury, Property Damage, Wrongful Death j 253429 x�MOTOR VEHICLE/BicyckgWTHER(specify): General negligence, ; • 7r Property Damage = Wronglul Death Premises Liability!"' Personal Injury Other Damages(specify): lJ 1 Thos etieading including attachments and a this 'i ',)0::wir9 n.,-be- )! Od SCS 6 2 a EaCh plaintiff named above Is a cornot'tent ac.'J.1 ?�' Escept�lamtitt(^amel JAMI MILLER a corporation qualified to do business _1 1 •� a ''—an unincorporated entity Wescnbei _ a public entity(describe) X1 a minor —"'an adwt �3r; for*nom a guardian oeTn .C.. other fspecify) -`other(soec+fy)- .'Except plaintiff(nam!) —�a corporation qual'fied t!% 11) ti.s•nA.,4 a an unincorporated entity '7esc%oe, a Public entity I'Vescnbe). ']a minor an ad►..t C for whom a guardian or zo„ser', ,.•. - .. , r i id :'een has tee^ .t::c•-) ,red Q other(specify) Q other(Specry): ' p �Pta,at,fl(namsl. s doing business under the I•ctil,ous name of(spe•: ',I 17141 IAS tnmpl.42AI`' 'r,i►/ ••Ia ,5b•.i�`1'•i C �, inr71matiOn abOu! id:. •7" 1 .. air•::I�S Ar 1 ': - t�.l!C S .r' ..a^ :•:�'C d n!- -� �� � fl `l ctic'tmonr 2C w 00 -. 047 ' COMPLAINT—Personal Injury. Property Damage, f - �' •411 SHORT TITLE: CASE NUMBER MILLER v SHIPLEY r 534.29 COMPLAINT—Personal Injury, Property Damage, Wrongful Death r 3. a. Each defendant named above is a natural person ® Except delendant(name): LX Except defendant(name): County of Contra Costa City of Lafayette Q a business organization, form unknown a business organization, form unknown A Q a corporation Q a corporation �. []an unincorporated entit (describe): Q an unincorporated entity(describe): a public entity(describe): County L7]@ a public entity(describe): Municipal C , tion Q other(specify): other(specify): w: Except defendant(name). r—Except defendant(name): East Bay Regional Park District Y� Q a business organization, form unknown C a business organization. form unknown Q a corporation a corporation . Q an unincorporated entity(describe): an unincorporated entity(descrioe): .a ® a public entity(describe): District a public entity(describe): Q other(specify): Q other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. ZXr c. Q Information about additional defengants who are not natural persons is contained in Complaint+- Attachment 3c. ' • 0. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4. Q Plaintiff is required to comply with a claims statute, and a. Q plaintiff has complied With applicable claims statutes.or b. CD plaintiff is excused from complying because(specify): .3t 14 S. This court is the proper court because .S Q at least one defendant now resides in its jurisdictional area. • Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. © injury to person or damage to personal property occurred in its jurisdictional area. 0 other(specify) t;. Q The following paragraphs of this complaint are alleged on information and belief(specify parspraKntiRtOers): '. (Continued) -= Pop.two �� ; 00 048 SNORT TITLE: CASE NUMBER , MILLER V. SHIPLEY r COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) rae.rWW 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: o I. Plaintiff has suffered ED wage loss Q loss of use of property ©hospital and medical expenses ©general damage [XI property damage ®toss of earning capacity Q other damage(specify).- 9. specify).S. Relief tiougt 1 in this complaint is within the jurisdiction of this court. 1.0. PLAINTIFF PRAYS For judgment for.costs of suit; for such relief as is fair, dust. and equitable; and for ®compensatory damages ®(Superior Court) according to proof. Q(Municipal and Justice Court)in the amount of S— —_ Q other(specify). 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have one Pr more causes of action attached.) Q Motor Vehicle ®General Negligence _ Q Intentional Tort Q Products Liability Q Premises Liability 0 CXher(icily): Philip H Knudsen p p KN IJ . . . . . . _.f..HlL�f f� - (Type at p.nr nasowi (sgnafws of Olson#-*of Ancrnelt 10-24-83 ^ COMPLAINT—Personal Injury, Prop" Damage, 00 0 4 "W" SNORT TITLE: CASE#AUM81101 MILLER v. SHIPLEY r FIRST CAUSE OF ACTION—Motor Vehicle Pape 4__ ._.._. (wmo«) ATTACHMENT TO ®Complaint CDCross-Complaint ' (bse,a separate cause of action form for each cause of action.) Plafntitt(name): JAMI MILLER MV-1. Plaintiff alleges the acts of defendants were negligent-. the acts were the legal (proximate) cause of injuries and damages to plainlilh the acts occurred on(date): June 7, 1983 N:1 at(ptacs): Intersection of Las Huertas Road and the Lafayette-Moraga Trail, City of Lafayette, County of Contra Costa, S'lsate of California. MV-2. DEFENDANTS a. Q The defendants who operated a motor vehicle are(names): Paul Shipley Q Does _ to. 5 b. Q The defendants who employed the persons who operated a motor vehicle.n the course of their employment are(names): _ Q Ooes to_._5 c. ®The defendants who owned the motor vehicle which was operated with their permission are(names): Paul Shipley ® Does to d. ®The defendants who entrusted the motor vehicle are(names): ®Does 1 t0 5 e. ®The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): ©Does 1 to 5 f. Q The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are Ousted In Attachment MV-2f Mas follows: •t** 0 Doffs _ ... to AAKW GAWO%Cd of cakforny I�AI gf%9- iv- •r.T$^&a .. .. 050 SHORT TITLE: CASE NUMBER MILLER V. SHIPLEY SECOND CAUSE OF ACTION--General.Negligence Page _5 tm+aoe►) . ATTACHMENT TO ®Complaint QCross-Complaint (U"a separate cause of action form for each cause of action.) ON-1. Pt&ntiff(name): JAMI MILLIER alteges that defendant(name): County of .Contra Costa, City of Lafayette and East Bay Regional Park District .` Z Does __.�_ to _u_ was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act. defendant negligently caused the dame IQ �I intitf on(date). June , 1 at(place): intersection of Las Huertas Road and the Lafayette- Moraga Trail, City of Lafayette, County of Contra Costa, (description of reasons for liability): State of California At said. time and place defendants and each of them negligently and carelessly owned, maintained, controlled, repaired, supervised, modified, designed, engineered,' developed, tested, corrected and inspected said intersection. In addition, defendants and each of them failed to provide adequate unobscured warning signs at said inter- section; allowed trees and other foliage' to grow, obscuring defendant PAUL SHIPLEY'S line of sight of said intersection and failed to provide and maintain painted cross-walks or limit lines delineating said intersection. Each such act or omission as above described was known to the defendants and each of them to have created a substantial risk of the type of accident and injuries as occurred involving plaintiff. 00 051 iene Appmww w u,e Jud cw carica or camomy FROKI"• Ion-a-y 1 1962 . SHORT TITLE: 71M CASE NUMBER . MILLER v. _SHIPLEY THIRD CAUSE OF ACTION—Premises Llabillty Pape 6 1w�wbM ATTACHMENT TO CDComplaint Q Cross-Complaint (Use a separate cause of action form for each cause of action.) - Prem.L-/. Plaintiff(name): JAMI MILLER alleges the acts of defendants were the legal(proximate) cause of damages to plaintiff. On (date): June 7, 1983 plaintiff was injured on the following premises in the following fashion(description of premises and circumstances of injury): On said date, while riding her bicycle across the inter-section of Las Huertes Road and the Lafayette-Moraga Trail , City of. Lafayette, County of Contra Costa, State of California, plaintiff was stryck by an automobile driven by defendant PAUL SHIPLEY: As a result"of said collision plaintiff suffered grievous bodily injury, the full extent of which cannot be determined at this time. Prom-L-2. [jg Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): County of• Co'ntra Costa, City of Lafayette, East Bay Regional Park DistrictED Does 6. to f Prem.L-3. ®Count Two—Willful Failure to We (Civil Code section 8461 The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): County of Contra Costa, City of Lafayette, East Bay Regional Park -District Q Does_6 --to 1 S Plaintiff, a recreational user,was [fan invited guest [::]a paying guest. Pffam.L-d. C:3 Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): County of Contra Costa, City of Lafayette, East Bay Regional Park District [:IJ Does 6 to—1 — a. Q The defendant public entity had Mactual Ocunstructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. Q The condition was created by employees of the defendant public entity. Prem-L-6. a. ®Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): ®Does 6 to_I S b. 0 The defendants who are liable to plaintiff i for other reasons and the reasons for their liability are []described in attachment Prom.L-5.b C:]as follows(names): 00 052 Forty AWo.W by V* J AOC41 Caff4li of C,010f w .. . ... .... Board Action : R CUUM May 8, 1984 BMM OF SOPEMSOR6 or Coffm CWM Q7wff t cummmon Claim Against the County,, or District ) YMC6 TO CiADgm governed by the Board of Supervisors, ) The copy Led to you is your Routing Bncbrsements, and Board ) notice of the action taken an your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 .i o l a McReynolds and Boone M c r�� tJ ' Please note all 'Warnings•' Claimant. County Counsel Attorney: Boatwright , Adams & Bechelli 1738 Grant Street �,PR 6 198q Address: Concord , CA 94520 Martinez, CA 94553 Amount: $100, 000 . 00 By delivery to clerk on Date Received A p r i l 6 , 1984 By mail, postmarked an April 3 , 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: April 6 ; 1984 J.R. 0[SSON, Clerk, By Deputy II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only orae) 9) 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: a By: Deputy County Counsel III. FROM: Clerk of the Hoard T0: (1) County 1, (2) County Adninistrator ( ) �A`u"e Claim was returned as untimely with notice to claimant (Section 911.3). IV. BMHD aR Et BY unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered In iis minutes for this date. R e e n i DuBois Dated: 5-8-84 J. R. CESSCN, Clerk, By /Q , Deputy Clerk MUINM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail 'to file a court action an this claim. See Government Code Section 945.6. _ Yon may seek the advice of an attorney of you choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board T0: (1) County Counsel, (2) Canty Administrator We notified the claimant of the Board's action an this claim by mailing a copy of this document, and a mem thereof has been filed and endorsed on the Board's appy of this Claim in accordance with Section 29703.. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 5-8-84 J. R. (t q", Clerk, By - " ��-ao , Deputy Clerk cc: county Administrator (1) County counsel (2) 00 053 CLAIM Y - BOATWRIGHT, ADAMS & BECHELLI ATTORNEYS AT LAW 17313 GRANT STREET CONCORD, CA 94520 DANIEL E. BOATWRIGHT T[LCPHON[ (415) 687-9121 DALE C. ADAMS F. JOSEPH BECHELLI,JR. JAMES 1. FISHER RZ � April 2, 1984CLEAv APp Contra Costa County �ARp 0. Board of Supervisors " 4 651 Pine Street q aR Martinez, CA 94553 ' VIOLA McREYNOLDS and BOONE McREYNOLDS hereby make claim against CONTRA COSTA COUNTY for the sum of $100 ,000 . 00 , and make the following statements in support of their claim: 1. Claimants' post office address is: c/o Boatwright, Adams & Bechelli 1738 Grant Street Concord, CA 94520 2 . Notices concerning the claim should be sent to Boatwright, Adams & Bechelli, 1738 Grant Street, Concord, CA. 3. The date and place of the occurrence giving rise to this claim are: February 26, 1984 , on Cherry Lane near the intersection with Treat Blvd. , Walnut Creek, California. 4 . The circumstances giving rise to this claim are as follows: at the above time and place, claimants were riding their bicycles along Cherry Lane, approaching Treat Blvd. Said Cherry Lane was in a dangerous condition due to repair work being negligently supervised and controlled by CONTRA COSTA COUNTY. Due to the said negligence, claimant VIOLA McREYNOLDS and her bicycle were thrown to the ground, causing her serious injury. Claimant BOONE McREYNOLDS viewed said accident, causing him severe emotional trauma. 5 . Claimants ' injuries are : a) VIOLA McREYNOLDS : dislocation and multiple fractures of left elbow, contusions and abrasions ; by BOONE McREYNOLDS : fright, anguish and mental suffering. 6 . The names of the public employees causing claimants ' injuries are unknown. 00 054 a Ir.1 Contra Costa County Page 2 April 2, 1984 7. Their claims as of the date of this claim are $100 ,000 .00 , plus unknown amount of special damages . 8 . The basis of computation of the above amount is as follows : Medical Expenses Incurred to Date: unknown Estimated Future Medical Expenses : unknown Loss of Wages : unknown General Damages (combined) : $100 ,000 .00 TOTAL $100 ,000 .00 CATWRIG ours, ADAMS BECHELLI CH T, 3 . F�'B:i� CC: V. McReynolds. C0 055 s,...,.e.:,:al.cuYe.Gia,.uC...r+w:.aiJi..J:�1K :. .._. ... _:...Stip. ✓` _fJv. - - wf-iW �.w ...... Board Action : }{ /� t�Il�K1� ���p May 8 , 1984 J '1 � OF SOPSRVISM OF � Ohm 000NI i, CRLIPCFVM Claim Against the County, Cr District ) NMCB TO C[RD9W governed by the Board of Supervisors, ) The copy s t ma led to you is you pouting Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Oode Section 913 Dennis B . Rea 1 i and 915.4. Please note all 'Warnings". Claimant: County Counsel Attorney: Richard Wesley Johnson Johnson & Frick APR 0 6 1984 Address: 3126 Buskirk Avenue Martinez, CA 94553 Walnut Creek , CA 94596 Amount: $100, 000. 00 By delivery to clerk on Date Received: A-p r i l 6, 1984 By mail, postmarked on April 5 , 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: April 5 , 1984 J.R. OLSSON, Clerk, By . Deputy II. Fieri: County Counsel M: Clerk of the Board of Supervisors (Check only one) (� ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: 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 ORZEt 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. 4eni DuBois Dated: 5-8-84 J. R. OLSSON, Clerk, By , Deputy Clerk WEING (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 advioe of an attorney of your choice in cmvwcticn with this matter. If you want to consult an attorney, you should do so immediately. V. FKM: Clerk of the Board 70: (1) County Oou nsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a mom 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 pcesent _a late claim was mailed to claimant. DATED: 5-E,-8 4 J. R. MMM, Clerk, By � -w ,�o b� . Deputy Clerk CC: County Administrator (1) County Counsel (2) QQ 056 CLAIM �l qp� TO: THE BOARD OF SUPERVISORS OF CONTRA COSTA C40 �98f Tq4'�qe� 1. YOU ARE HEREBY NOTIFIED that DENNIS B. REALI, of � l 1626 Shirley Drive, Pleasant Hill, CA.94523, claims from Contra Costa County and the Office of the Sheriff for Contra Costa County, damages for personal injury in the amount of $100,000 .00. 2 . This claim is based on the accident which occurred in the kitchen area of the County jail on January 16, 1984 at approximately 4 :00 a.m. On January 16, 1984, Nr. Reali was assigned to the kitchen area and was instructed to mop the floors by the kitchen super- visor. Part of the job required moving dollys loaded with dinner trays. Mr. Reali attempted to move one dolly by pulling it. while pulling the dolly the dolly split in half throwing Mr. Reali on the floor. Mr. Reali fell flat on his back aggravating a prior back injury. 3. The public employees who caused claimant's injury are presently unknown at this time. 4 . The injuries sustained by claimant to date consists of (a) injury to his back resulting in hospital and physician bills. Claimant does not yet know the exact amount of said bills but believes they will exceed $10,000 .00 . 5. Mr. Reali does not know the exact amount of future expenses and injuries but expects thea to exceed $10,000. 00 . 00 057 6. All notices and communications with regard to this claim should be sent to RICHARD WESLEY JOHNSON, ESQ. , 3126 Buskirk Avenue, Walnut Creek, CA. 94596 Dated: April 3, 1984C � RTPRARD WESLEY JO Attorney for Clai nt 00 058 -2- i 1 j PROOF OF SERVICE BY MAIL 2 §1013 (b) , §2015. 3 C.C.P. 3 4 I, the undersigned, hereby certify that I am a citizen 5 of the United States, over the age of eighteen years and not a G party to the within action. My business address is 3126 Buskirk 7 Avenue, Walnut Creek, California 94596. I served a true copy 8 of: NOTICE OF CLAIM 9 10 11 12 by .mail by placing same in an envelope in the United States mail 13 at Walnut Creek, California, on the 3rd day of April 14 19 84 Said envelope was addressed as follows: 15 Board of Supervisors 1G 651 Pine Martinez, CA. 94553 17 18 19 20 Executed this 3rd day of April 1984 , 21 at Walnut Creek, California. 22 I certify under penalty of perjury that the foregoing is 23 true and correct. 24 25 e Li s 26 Re: Reali v. Contra Costa County uis 27 No: 28 00 059 -i.+.._....a. .�+..a+a. f. .L_�� ^£ihV�.y''....a..L.'L`:1a11L+-itLc.e... .... r.L..,._�...n. .v'4rN+w.J..l✓ ...,. , Board Action : CUUM May 8 , 1984 BOARD W",4UPERTISOFS CP CORM SIA COMMr CALTFOFSM Claim Against the County, or District ) WNICE TO C[AD9W governed by the Board of Supervisors, ) The copy s t ma led to Yom is your Routing Endorsements, and Board ) notice of the action taken on Your claim by the Action. All Section references are ) Board of Supervisors (Paragraph No beta+), to California Government Codes ) given pursuant to Government Code Section 913 Priscilla Aaron arid 915.4. Please note all "Warnings". Claimant: County Counsel Attorney: James L . Sims APR 0 6 1984 Sims & Cohen Law Offices Address: 703 Market St . Suite 309 Martinez, CA 94553 San Francisco , CA 94103 Amount: °�'0, CO o, By delivery to clerk on Date Reo2ivedi p rz� 1 6, 19 8 4 By mail, postmarked on A p r i l 5 , 1984 I. FROM: Clerk of 'the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: April 6 , 1984 J.R. CLS.SON, Clerk, By Deputy Helen P . M rino II. FROM: County Counsel 70: Clerk of the Board of Supery 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) . ( j Claim is not timely filed. Clerk should return claim an ground that it was filed late and sena warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: L By: Deputy County Counsel III. FROM: Clerk of the Board 70: (1) County Co6lel, (2) Canty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD By unanimous vote of Supervisors present ( X ) This claim is rejected in full. ( ) other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. R e n i DuBois Dated: 5-8-84 J. R. C[SSCN, Clerk, By �� , Deputy Clerk 14ARNING (Gov. Code Secticn 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 yom choice in c=lecticn with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a mono thereof'has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present .a late claim was mailed to claimant. DATED: 5-.8-84 J. R. CY.S.SON, Clerk, By Deputy Clerk 00 000 cc: County Administrator (1) County Counsel (2) CLAIM a . , C?A III AGAINST 7.1E OOUNI",, OT (Ml`II'RAG'OSTA & �3. OK,3IDE HOSPITAT, ?.703 C;:arter Section -1P and Government Code Sectio^s 910 to ' 911.2 requ:Lre 'that all claims must be presented to the Cc:troller or to the Clerk of the Board of Supervisors within 100 days f:.,am date of accident or incident. C,, A I T IA:1 i t S 21P t•!E 'PRISCILLA AARON . 3 ADDRESS 2240 Stone Avenue TLM1 HONE 237-1391 Ant. , 11, San Pablo, CA 94806 WO HOir. Ai•::,'.:�T CF CLAIM $+1,000 000 ],� .... : :%2Z S '70, WHICH 11OTICZS ARS TO BE SETT �� SUES & COHEN LAW OrrICES/.JAMES L. SIMS, 703 Market Street, Ste 309 APP �P, 198,1 January 17, 1984 eoq,0. cfSON p LCC;i IC;1 OF INCIDEZT r 7A Co. 13 Brookside Hospital 2000 Vale Road, 'San Pablo, CA 94806 L-C IT OCCtfR Failure of hospital to diagpose pregnancy of claimant nrior to doing .a tubal litigation. LI-ENI-7. X0. 9 I; V !IICL:: IMVCLV.OD DISC:.I c, DA. AGIE OR INJURY Mental suffering and anguish by the loss of a baby. NAME OF :UKIC ZIPLOYEE(S) CAUSING INJURY OR DAMAGE, IF E101orN Brookside Hospital, individual unknown Ii EM1 A7:G:: OF CLkIM (List items totaling amount set forth above) rEIL'RAL DAMA(TS $ 1 ,000,000 TOTAL $ 1,000,000 S9nea by a: an bahalf of Claimant 00 061 Board Action : AMENDED CLAIM CGA1M May 8, 1984 BDARD Cr SOPS[tVIXIM OF MUM Q�B'I'A C 1R, CALII=�1IA Claim Against the Cbtmty, or District ) HMCB TO CZAIRM governed by the Board of Supervisors, ) The copys t ma ed to You is yaw Routing Bndorseoents, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph Iv, bels►), to California Government Codes ) given pursuant to Govenza t Code Section 913 and 915.4. Please nate all 'Warpings' Claimant: William F. DeJarnett & Barbara D . De Jarnett U i'ounSel Attorney: G .A. Alschuler APR U 3 1984 Curran & Alschuler Address: 629 0akland Avenue Martinet, CA 94553 Oakland, CA 94611 Amount: $165 !-0000. 00 By delivery to clerk on Date Received A P r i 1 3, 1984 By mail, postmarked on March 30, 1984 I. FROM: Clerk of the Board of Supervisors TD: County Counsel Attached is a copy of the above-noted claim. Dated: April 3 , 1984 J.R. LESSON, Clerk, ByDeputy e en a II. FRCM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) �( ) This claim complies substantially with Sections 910 and 910.2.ej(� CvL s+-/L- CL-> t1,,-,_te lcu_� ►5 u n" w.�l a-s e 1 � nC bta,-J ( ) This claim FAnS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . P -h'Q,7 S of, tt�c.ra,'.M fie.. iw not timely filed. Clerk should return claim cn ground that it was filed ' late and send warning of claimant's right to apply for leave to present a late claim (Seco 911.3).q►a:,.b -� f c_ �c rn oz.A-r�� � exv ,tyre�� _ 1 c. w-. ( ) Other: 5 o - C" Dated: _ _ By: putt' ty Counsel III. 0 perk of the Board ZOO: (1) County Comsel, (2) County Administrator (�( ) A Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOND By unanimous vote of Supervisors present ( ) This claim is rejected in full. ( X ) Other: The timely portions of the claim are rejected in full . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. R e e n i DuBois Dated: 5-8-84 J. R. CLSSON, Clerk, By , Deputy Clerk NNE= (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail .to file a court action on this claim. See Government Code Section 945.6. _ You may seek the advice of an attorney of Your choice in connection with this matter. If you want to consult an attorney;, you should do so immediately. V. FROM: •Clerk of the.Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. (X) A warning of claimant's right to apply for leave to present DuBois alate claim was mailed to claimant. DATED: 5-8-84 J. R. Q.SSON, Clerk, By , Deputy Clerk cc: County Administrator (1) County Counsel (2) 00 062 CLAIM • RECEI� ED A P P 3, 1984 In the Matter of the Claim of �' *' �N C�ERIc WARb Or ;u►FRvlMp . WILLIAM F. DeJARNETT and ) NO ra Co. BARBARA D. DeJARNETT, his ) wife. ) AMENDED TO THE COUNTY OF CONTRA COSTA, ITS OFFICERS , AGENTS AND EMPLOYEES : PLEASE TAKE NOTICE that a claim is hereby made on behalf of WILLIAM F. DeJARNETT and BARBARA D. DeJARNETT, his wife, of 119 Fairfield Place , Moraga , California , as follows : 1. That , in the immediate vicinity and adjacent to the claimants ' land and dwelling a drainage easement was dedicated to the COUNTY OF CONTRA COSTA or its designee for public use for storm water drainage, including construction, access or maintenance of works , improvements and structures whether covered or open or the clearing of obstructions and vegetation. 2 . That portions of the easement were improved by, among other items , paved streets , curbs , gutters , storm drains and other utilities , all of which were deliberately designed , constructed and maintained. 3. That the conditions created thereby , including drainage of surface and subsurface water , have all contri- buted to instability , subsidence and failing of certain 1• 00 063 portions of claimants ' real property, placing their single family dwelling in hazard , constituting a nuisance created by the COUNTY OF CONTRA COSTA, and also amounting to a taking of claimants ' property without compensation, and that said conditions continue unto the present day. 4. The name or names of the public employee causing the injury, damage or loss is not now known. 5 . That the foregoing acts and omissions were and continue to be negligent. 6. On behalf of the above-named , undersigned makes this verified claim against the COUNTY OF CONTRA COSTA for the sum of $165 ,000 . 00. All correspondence should be directed to the undersigned. Dated : March 30 , 1984 . CURRAN & ALSCHULER, A Professional Corporation Byl W'1/_ Alschuler 00 064 2 . 1 VERIFICATION 2 I , G. A. ALSCHULER , declare : 3 I am an attorney at law admitted to practice before all 4 courts of the State of California and have my office in Alameda 5 County, California, and am the attorney for WILLIAM F. DeJARNETT 6 and BARBARA D. DeJARNETT in the within action; that 7 said party (ies) is unable to make the verification because 8 said party (ies) is absent from said County, and for that reason 9 affiant makes this verification on said party' s behalf; that I 10 have read the foregoing NOTICE OF CLAIM - AMENDED 11 and am informed and believe the matter.s therein to be true and 12 on that ground allege that the matters stated therein are true. 13 Executed on March 30 , 1984 at Oakland, 14 California. 15 I declare under penalty of perjury that the foregoing is 16 true and correct. 17 18 r 19 20 A. lschuler 21 22 .23 24 25 26 27 28 00 065 Y11 PROOF OF SERVICE BY MAIL - C.C.P. SS .1013 (a) , 2015. 5 2 I am a citizen of the United States, over the age of 3 18 years, employed in the County of Alameda, and not a party tc 4 the within action; my business address is 629 Oakland Avenue, 5 Oakland, CA 94611. 6 On March 30 , 1984 I served the attached 7 NOTICE OF CLAIM - AMENDED 8 9 10 on the parties to said action by placing a true copy thereof 11 in a sealed envelope with postage thereon fully prepaid, * in 12 the United States mail at Oakland, California, addressed as 13 follows : 14 Clerk of the Board of Supervisors 15 County of Contra Costa 651 Pine Street 16 Martinez , CA 94553 17 18 19 20 21 22 23 24 I declare under penalty of perjury that the foregoing 25 is true and correct. Executed at Oakland, California, on 26 March 30 , 1984 27 28 F. Mille:. 00 066 AMENDED CIM Cr Cr tow =A anw, BOARD ACTION May 8 , 1984 Clain Against the Oashty, at District ) 'i0 QmD m governed by the Board of 8Wervi.ors. ) the atdhp CC thIS d00UWM ii1W tO Im im 3= lbutiag Endo re ents, and Hoard ootiee of the action talcmn ars Your Chaim by the Action. All Section references are 1 board of rs Wagrapb IV# bera►) to California Ocverneent Glades ) given p:asusnt to Gover 1, Code Section 913 and 915.6. Kum note all %MninPa- CLaimant: Bryan. & Murphy Associates Inc. Attorney: Bishop, Barry, Howe & Reid Federic W. Trester Address: 222 Bush Street, Suite 350 San Francisco, CA 94104 Vi County Counsel May 7, 1984 Amount: Unspecified By �iverY to Clerk an Date BKOLved: May 7 , 1984 By mail• postmarked on I. PK14: Clerk of Ow Board of Supervisors 70: County Counsel Attached is a copy of the alkc noted claim. Dated: May 7 , 1984 J.R. CUSON, Clerk, 22� DePUtY Kelly Calhoun II. WN: County Counsel TC: Clerk Board of Supervisors (Check only one) /(�1 ) This claim ==plies 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 Hoard cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on groud 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 Comty Counsel III. Clerk of the Board T0: (Y) County Counsel, (2) ty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. st3AtiD [NMI By unanimous vote of Supervisors present ( x) This claim is rejected in full. ( ) Other: certify that thli is a trine ard correct copy of the Hoar 's Or entered in its minutes for this date• e e n i DuBois Dated: May 8 . 19 s 4 J. R. QS"# Clerk, By ��, , Deputy Clerk NOR= lam• Code Section 913) Bub jest to certain mweptlow have only six (6) months from the date t h is notice wos personally served CC deposited in the small .to file a oast action an this china. Bee (iamnsenst Cade Section %5.6. You may seek the advice of an attorney of your choice in with tun matter. If you want to co=s=h an attorney, you should do so iaaaediately. V. lliCHl: Clark of the Hoard 20: (1) 0ounty Counsel. (2) 0=ty AWMatrator Ills notified the claiiment of the Board's action on this claim by sailing a cW of this document, and a memo thereof has been filed and endorsed on the Hoard's copy of this Claim In aeoordence with Section 29703. ( ) A Morning of claisan►t•s right to apply for leave to present a late claim was mailed to claimant. DATED: May 8. 1984 J. R. CLSSW# Clerk, sy��oG� � , Deputy Clerk 00 067 cc: County Administrator (2) County Counsel (1) AttOpr[• G�o�wt�w►f«Out AnpA�(���Av[-�� YJr►t bi! 1t[[oriC rC�COu�f uSt Cv�i . PATRICK JOAN ZIKA, ESQ. (415) 467-6132 'PAYNE. ZIKA & CLEAVELAND 6 Thomas Mellon Circle, Suite 207 San Francisco, CA 94134 AffoANtrFOR(NAME) Cross-comR (ijn nt and Defendant O n lawn name of court.luaciat dist►ldl or b►anch court.it any.and post once and street address: �( O IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN THE COUNTY OF CONTRA COSTA P.O. Box 911 DEC 13 Martinez, CA 94553 1963 SHOAT TITLE: R. OLSSON. County Clerk CONTRA COSTA COUNTY SULLIVAN, et al., vs. W.S.I. BUILDING CO.. INC, et al., ly puny CROSS-COMPLAINANT: W.S.I. BUILDING CO., INC. CROSS-DEFENDANT: ETHYL HANCOCK, an individual; REZZI PARIS. an individual, CITY OF DANVILLE, a municipal corporation, COUNTY OF CONTRA COSTA, a political subdivision of the State of California, EDWARD F. SULLIVAN, PATRICIA ANN SULLIVAN, WOODBINE HOMEOWNERS ASSOCIATION, BRYAN AND MURPHY ®ROES t TO 50 ASSOCIATES, INC., and CASE NUMBER CROSS-COMPLAINT—Personal Injury.Property Damage, Wrongful Death ®Apportionment of Fault ®Declafatory Relief 251792 cx Indemnification Q Other(special: 1. This pleading.including exhibits and attachments.consists of the following number of pages: __ J. CROSS-COMPLAINANT(namep W.S.I. BUILDING CO., INC. SAYS AGAINST CROSS-DEFENDANT(name):ETHYL HANCOCK, REZZI PARIS, CITY OF DANVILLE, COUNTY OF CONTRA COSTA, EDWARD F. SULLIVAN, PATRICIA ANN SULLIVANI WOODBINE HOMEOWNERS ASSOCIATION, BRYAN AND MURPHY ASSOCIATES; '. INC.. and 1 2. 0 The following causes of action are attached and the statements below apply to each: (fn the affachmentsl to 5 plaintiff means cross-complainant and defendant means cross-defendant.) M Motor Vehicle E3 Products liability / [� General Negligence []Premises Liability [� intentional Tort G/ (� Other(specify): RECEIVED 3. a. Each cross-complainant named above is a competent adult I'7 ("Ocl;'A/ Co L'i73c/ ©Except cross-complainant(name): W.S.I. BUILDING CO., INC. MAY 7 1984 ®a corporation qualified to do business in California J. , OtSSON E3 an unincorporated entity(describe): LCLERK D OF SUPERVISORS ED a public entity(describe): E3 a minor E]an adult E]for whom a guardian or conservator of the estate or a guardian ad Utem has been appointed Q other(specify): E]other(specify): b.Q Information about additional cross-complainants who are not competent adults is contained lin Cross / Complaint—Attachment 3b. (Continued) room Apposed by me Ji0t"'w°"""O'1'"°'"" CROSS-COMPLAINT—Personal Injury,PropertyDamage. Er•caww Hj 4'rsu Wrongful Death CCr ads 12 all SHpAy iME ' _ - ust ft-veta, SULLIVAN. et al.. vs. W.S.I. BUILDING CO., INC., et al., 251792 - CROSS-COMPLAINT—Personal Injury, Property Damage, Wrongful Death �•.• a, a Each cross-defendant named above is a natural person ®Escept cross-defendant(,name): ®Eacept cross-defendant(name): CITY OF DANVILLE COUNTY OF CONTRA COSTA Q a business organization.form unknown ®a business organization,form unknown Ma corporation p a corporation man unincorporated entity(describe): ®an unincorporated enilty(describe): CD a public entity(describe): C7 a public entity(describe): CDother(specify): ®other(specify): a political subdivision of the State of California b. The true names and capacities of cross-defendants sued as Does are unknown to cross-complainant. C. © Information about additional cross-defendants who are not natural persons is contained in Cross- Complaint—Attachment 4c. 9. Q Cross-complainant is required to comply with a claims statute, and a. [:3 has complied with applicable claims statutes.or D. is excused from complying because(specify): First Cause of Action—Indemnification against each cross-defendant 1wun�0a) a. 1 am informed and believe that oross-defendants were the agents. employees, co-venturers, partners. or in some manner agents or principals, or both, for each other and were acting within the course and scope of their agency or employment. i b. The principal action a'leges among other things conduct entitling plaintiff to compensatory damages against me. 1 contend that 1 am not fable for events and occurrences described in plaintiff's complaint. 1 C. It 1 am found in some manner resoonsible to plaintiff or to anyone else as a result of the incidents and occurrences described in plaintiffs complaint, my liability would be based solely upon a derivative form of liability not resulting from my conduct, but only from an obligation imposed upon me by taw; therefore. 1 would be entitled to complete indemnity from each cross-defendant. 7. Cause of Action—Apportionment of Faun against each cross-defendant 1 am informed and believe that each cross-defendant was responsible, in whole or in parr, for the injuries. it any,suffered by plaintiff.It 1 am judged liable to plaintiff.each cross-defendant should be required: a. to pay a share of plaintiff's judgment which is in proportion to the comparative negligence of that cross-defen- dant in causing plaintiff's damages and b. to reimburse,me for any payments 1 make to plaintiff in excess of my proportional share of all cross-defendant: negligence. (Continued) ►+o<two SHORT TITLE: - CASE NUMBER: SULLIVAN, et al.. vs. W.S.I. BUILDING 251792 CO.. INC. rr CROSS-COMPLAINT PAGE 4 ATTACHMENT ANS-4c ADDITIONAL CROSS-DEFENDANTS" 1. WOODBINE HOMEOWNERS Association, a corporation 2. BRYAN AND MURPHY ASSOCIATES, INC., a corporation s r,. CJ VERIFICATION (Stondord) CCP 446, 2015.5 • 1 I declare that: 2 1 am the _ .«...__.........«................................................................. in the above entitled action; I have rood the foregoing 3 ». ......_......................».«.............».......».......»~.......... ........ 4 and know the contents thereof;the some is true of my own knowledge, except as to those matters which ore therein stated 5 upon my information or belief, and as to those matters 1 believe it to be true. 6 7 1 declare under penalty of perjury that the foregoing is true and correct and that this verification was executed on e — __......«.»....».. , of .».»..................................... ............................«..»..«.. Colifornio. 9 10 _ _.......«.»......».....«.........(Tr'L.i 'MMNT MAMD....................... ......... i1GNATURE 11 12 PROOF OF SERVICE BY MAIL - CCP 10130, 2015.5 13 1 detdorn that. 14 1 am(ixuddexical/employed in).the county of..............................«. San Francisco ««.».«._._«.California. �COVNTV Mn.ERE rwruNG OCGURRED� 15 1 am over the age of eighteen years and not o party to the within cause; my (businessAxsYdG1G26)oddrm is:...................... 16 5 Thomas Mellon Circle, Suite 207, San Francisco, California 94134 17 December 9, 1983 Cross-complaint CM».»....».«......». .................................................. I served the within ...».................................................I......................... 18 ._«__...«........«.................................................................................... on the .........Attorneysfor pa.rt.ics......................................... 19 in said cause, by placing a true copy thereof enclosed in o sealed envelope with postage thereon fully prepaid, in the 20 united States mail of San Francisco, .. .............................................................................. addressed as follows: 21. Rodney A. h1arraccini, Esq. Steven R. Anthony, Esq. A9arraccini & Butts Knox, Ricksen, Snook, Anthony b Robbins 22 1280 Boulevard Way, Suite 202 One Kaiser Plaza, Suite 850 Walnut Creek, CA 94596 Oakland, CA 94612 23 1 declare under penalty of perjury that the foregoing is true end correct, and that this declaration was executed on 24 December 9, 1983 San Francisco ot ........................................... .»...............................«..».,California. iuib MACE) 25 26 Donna La Perle ...»..»»...»««..».».............11v'►E'OA plINT hwiip...............».......»............ W144 •tVRE Thomas Watrous, Esq. Jim Hazard, Esq. Gordon, DeFraga, Watrous & Pezzaglia Sellar. Englekin, Hazard do Snyder 611 Las Juantas Street P.O. Box 3510 Alarintes, CA 94553 Walnut Creek, CA 94598 1„ ATTOOmM r wrTtwo surHLr raw uro. to-ti IU