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HomeMy WebLinkAboutMINUTES - 06191984 - 1.23 l' CLRZK Dam or S1MWV=W Q CIMM a)mTr• BOARD ACT ION June 19 , 1984 Clata Against the County, or District ) 11m ,20 CQA4lm governed by the Bard of Ran m visors, ) The mpg cc fals accinent i0i to im is yoia Muting Endorsements, and Hoard ) optica of the action taken on year ft by the Action. All Section references are ) board of - --—visors Paragraph IV, ba]oM), to California GovernmentCodes ) given pursuant to Oosern unt ®ode Section 913 and 915.6. Please note all Oftmings•. Claimant: Joshua James Adcock, a minor County Counsel Attorney: George R. Beavin 1099 "D" Street, Suite D Penthouse 1►'1�1� J X984 Address: San -Rafael , CA 94901 Martinez, CA 94553 An ant: $2 , 000 ,000 .00 By delivery to Clerk an Date Faceived: May 14 , 1984 By mail, postmarked an May 9 , 1984 I. 1K4: Clerk of the Board of Supervisors 20: County Counsel Attached is a copy of the claim. Dated: May 14 , 1984 J.R. MASON, Clerk, ByIIIZ64� "36daf2 Deputy Jolene Edwards II. FROM: County Counsel 70: Clerk Board of Super mors (C'hec'k only one) ()C) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAIM to comply substantially with Sections 910 and 910.2. and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim an ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - By: Deputy County Counsel Iii. FRCNI: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. DOM e r l"t By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: r certify that Efiis is a true and correct copy of the Boar 's Order enteria in its Minutes for this date• e e n i DIABOIS Dated: 6-19-84 J. R. MSSSQA, Clerk, By , Deputy Clerk 1811M G Nov. Code Section 913) SUbJwt tc certain eUMPtiarIe, you have only six (6) Months from the date t h i s notice Mas personally served ac deposited in the Mail to file a oast action an this claim. See Qwmvmesnt Cbde Section 945.6. _ !ba May seek the advice of an attwmy of your choice in aareyaml 11 n with this Matter. If you Mont to consult an attorney, poo should do so isaediatel'y. V. 7WK: Clerk of the Board 20: (1) Carty Counsel, (2). County Administrator 1b notified the claiw nt of the Board's action en this claim by Mailing a copy of this doasaent, and a Meimo 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. CA=: 6-19-84 J. R. RBgON, Clerk, By —_ . �� . Deputy Clerk cc.: County Administrator (2) County Counsel (1) 000026; CL1TM 1 LAW OFFICE OF GEORGE R. BEAVIN 1099 "D" Street, Suite D Penthouse 2 San Rafael , CA 94901 RECEIVED Telephone: (415) 454-1096 3 " 1W 1984 Attorney for Claimant MAY J.P. OLSSON 4 JOSHUA JAMES ADCOCK, a minor . CLERK BOARD OF SUPERVISORS ON RA COSTA CO. By Deputy 5 6 7 8 CLAIM OF: JOSHUA JAMES ADCOCK, } a minor, ) 9 } Claimant, ) CLAIM FOR PERSONAL INJURIES 10 ) (Govt. Code Sec. 910) VS. } 11 ) CONTRA COSTA COUNTY HEALTH ) 12 SERVICES, )` } 13 14 TO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY HEALTH SERVICES: 15 YOU ARE HEREBY NOTIFIED that JOSHUA JAMES ADCOCK, a 16 minor, whose address is in care of GEORGE R. BEAVIN, 1099 "D" 17 Street, Suite D, Penthouse, San Rafael, CA 94901 , claims damages 18 from the CONTRA COSTA COUNTY HEALTH SERVICES in the amount 19 (computed as of. the date of this claim) of 'IWO MILLION DOLLARS 20 ($2 ,000, 000. 00) . 21 This claim is based on personal injuries sustained 22 by claimant from and about January 30, 1984 and continuing until 23 April 1984 , as a result of treatment at CONTRA COSTA COUNTY HEALTH 24 SERVICES fora fractured left femur under the following circumstan es: 25 Claimant broke his ieft femur on January 30 , 1984 in an 26 automobile bicycle accident. He was taken to CONTRA COSTA COUNTY 27 HEALTH SERVICES in Martinez and treated by Drs. Loosley, Rodriquez) 28 Gross and others. The doctors and staff negligently and carelessll 00002.' 1 set and casted the fracture, attendedto the fracture in a nerli- 2 gent and careless manner. The result' of the treatment was a 3 deformity in the left leg and problems with rotation of the 4 thigh bone and mobility of claimant is seriously hampered. 5 The injuries sustained by claimant, as far as known 6 on the date of presentation of this claim, consist of deformity 7 in the .lett leg .and difficulty in rotation of the left thigh, 8 loss of motion in the left leg and thigh, loss of mobility with 9 pain in the area of. the fracture and stiffness. 10 The name of the public employees causing said injury 11 are A. Loosely, M.D. , Sonia C. Rodriquez , M. D. , and S . Gross, M.D. , 12 and others unknown. 13 'The amount claimed, as of the date of presentation 14 of this claim, is as. follows: 15 DAMAGES INCURttED TO DATE: 16 Medical Expenses: $ Unknown 17 Loss of Earnings: Unknown 18 General Damages: 2 ,000, 000. Ou 19 Total Damages Incurred to Date $2,000 ,000 .00 20 ESTIMATED PROSPECTIVE DAMAGES : i 21 Loss of Earnings : $ Unknown 22 Other Prospective Special 23 Damages: Unknown Total Estimated Prospective 24 Damages $ Unknown 25 TOTAL AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF THIS CLAIM: $2 , 000 , 000. 00. 26 (approximately) 27 28 2 . 00002,8! 1 All notices or other communications with regard to 2 this claim should be sent to claimant at c/o GEORGE R. BEAVIN, . 3 1099 "D" Street, Suite D Penthouse, San Rafael, CA 94901. 4 DATED: May 9, 1984 . . 5 GEORGE R. BEAVIN, ESQ. 6 Attorney for Claimant 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 . 24 25 26 27 28 3: 000021 1 PROOF OF SERVICE BY MAIL CCP 1013 (a) , 2015. 5) 2 , 3 I am a .citizen of the ' United States and a. resident of 4 the County of Marin. I am over the age of eighteen (18) years 5 and not a party to .the within above-entitled action; my business 6 address is 1099 "D".' Street, Penthouse, Suite D, San Rafael, CA 7 94901. 8 On May 9, 1984 , I served the following 9 documents: 10 CLAIM FOR PERSONAL INJURIES (.Government Code Section 9101 11 . 12 l 13 on the following by placing a true copy: thereof enclosed in a 14 Sealed envelope with postage thereon fully prepaid,. in the United 15 States Post Office .mail box at San Rafael, California addressed 16 as follows': 17 JAMES. OLS S ON CLERK, BOARD OF SUPERVISORS' ;. 18 CONTRA COSTA COUNTY'. HEALTH. SI RWICES 651 Pine 19 Martinez, CA 94553. 20 21 22 23 I , Lynne Martinez, declare under. penalty .of perjury that the foregoing is true and correc24 t = . 25 DATED: May 9, 19.8 4 26 27 E MARTINEZ . 0 0 0.03 . =f _Dam Q9MWW3A S Cir C� CSA CEMMCRLIICRIA BOARD ACTION June 19 , 1984 Claim Agaihrt the Cctssty, ac District } �"1'ICa To 1MAMOP governed by the Board of Supervisors, ) %be aopp to 7W 18 Your flouting Wdoraftents, and Board } notice of the action takes on yota d Wn by the Action. All Section references are ) board of "agrapb IV, MUM)• to California Government Cbdes ) given pursuant to ('i ."t ®ode Section 913 aid 915.6. Please note all 'I�snin�s't�Sel Claimant: Lynay Boykin, a minor, COUnty U John Boykin and Kanda Boykin Attorney: Bishop, Barry, Howe & Reid MAY 15 1984 Fredric W. Trester Address: 220 -Bush Street, Suite 350 Martinez, CA 94553 San Francisco, CA 94104 hwunt: $5 ,000 , 000 . 00 By delivery to Clerk on Date Received: May 14 , 1984 By mail, postmarked an May 10 , 1984 I. PRAM: -Clerk o -9=d of Supervisors 70: Clounty Counsel AttadW is a copy of the above-noted claim. Dated: May 14 , 1984 J.R. OLSSON, Clerk, By Pew y Jo ene Edwards II. PROM: Ckxmty Do:a:sel T0: Clerk of the Boars of Supervisors ( only one) (X ) 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 910.6). ( ) Claim is not timely filed. Clerk should return claim an ground that it was filed late and send warning of claimant's right to apply for leave to present a late Claim (Section 911.3). ( ) Other: Dated: S-/t.-S By: A1, - Deputy County Counsel If III. PKK: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. saw MEt I By unanimous vote of Supervisors present ( x) This claim is rejected in full. ( ) Other: I certify that this .a true and correct copy of the Board's order enEUO In Its minutes for this date. R n i DuBois Dated: 6-19-84 J. R. QSSON, Clerk, By �- , Deputy.Clerk OL41 pG 400v. Cbde Section 913) Bubjert to Certain e:ooeptians, yvn 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 Owernoent Cods Section 965.6. Tau may seek the advice of an attorney of pan choice in earstectian with this matter. If you want to consult an attorney, you should do so ihsnedLately. V. lilY+l: Clerk of the Board Tp: (1) County Oounsel. (2) County Administrator We notified the Claimant of the Board's action an this claim by mailing a copy of this docu mmt, and a mean thereof has been f iled and endorsed an the Board's copy of this Claire in accordance with Section 29703. ( } A warning of claimant's right to apply for 1mve to present a late realer was mailed to claimant. ORM: 6-19-84 J. R. CXWWr Clark, By . Deputy Clerk cc, County Administrator (2) County Counsel (11) 000031 CLATM i 1 CLAI`11 AGAINST THE COUNTY OF CONTRA COSTA 2 May 10 1984 3 4 TO: BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA Attention: Clerk of the Board of Supervisors 5 651 Pine Street Martinez , California 94553 6 7 CLAI14ANTS: Lynav Boykin, a minor, John Boykin and Kanda Boykin 8 RESIDENCE OF RECEIVED 9 CLAIMANTS: 3502 Hackamore Avenue Hayward, California 94541 MAY Ac 10 Telephone: (415) 886-3417 1�S`� J. R. OIisOM DATE OF CLEIK BOAR, OF SUplpv1 j0RS 11 COSTA CO. OCCURRENCE: February3 1984 on,r a 12 PLACE OF 13 OCCURRENCE: Dougherty Road, approximately 2,000 feet north of Amador Valley Blvd. , City of 14 Dublin, County of Contra Costa 15 AMOUNT OF CLAIM: $5 ,000 , 000, plus all medical expenses and other 16 special damages, which are not fully known at this time. 17 HOW ACCIDENT 18 OCCURRED: Plaintiff was a passenger in a vehicle driven by 19 Laura Lynn Menqe who was travelling southbound on Dougherty Road 20 when Ms. Menge came upon a curve approximately 2, 000 feet north of 21 Amador. Valley Boulevard. However, due to the design of said curve, 22 and the design of. the lanes of Doherty Road and upon information 23 and belief, the maintenance of the surface of said road, coupled 24 with speed limits permitted on Dougherty Road, Ms. Menge' s vehicle . 25 was involved in a violent head on collision with a vehicle driven 26 by Bonny Hamilton Prichard who was travellinq northbound on Douqher 0000,4 1 Road. Had it not been for the negligent design, construction, and 2 maintenance of the subject road and curve in question, the collision 3 in question would not have occurred. As a consequence of . the impact 4 between the above-described vehicles, plaintiff Lvnay Boykin was 5 thrown about the vehicle violently, and thrown through the wind- 6 shield: Thereby causing her severe personal injury and damages. 7 That for a lonq time prior to February 3 , 1984 , the above 8 governmental agency, knew that the design, construction and main- 9 tenance of Dougherty Road and the subject curve presented a dan- 10 gerous condition and said governmental agency, was ne-7ligent and 11 careless in allowing said conditions to remain. 12 Claimants Kanda Boykin and John Boykin are the parents of 13 Lynay Boykin, a minor, and have incurred, and are continuing to 14 incur medical and other expenses in connection with the ongoing 15 medical treatment for the serious injuries suffered by their 16 daughter. Said collision location was under the ownership, super- 17 vision and maintenance of said claimee. 18 19 ADDRESSES TO BISHOP, BARRY, HOWE & REID WHICH NOTICES Fredric W. Trester 20 ARE TO BE SENT: 220 Bush Street, Suite 350 San Francisco, CA 94104 21 Telephone: (415) 421-8550 22 23 Dated this loth day of 19.84 in . the City and County 24 of San Francisco. BISHMP,BARRY REID 25 B Fredric W. Trester 26 Attorneys for Claimants -2- 00003 Data] or 93PENUM Q d= Com CUM"re BOARD ACTION Class Against the Coutsty, cc District ) ipm a 20 ��p June 19 , 1984 gmew s I by the Board of 'ib , ) e Copy to Im is pour aouting W doesanents, and Board ) %-Z : a y '�.�i en pour data by the Action. All Section referawn are ) toard ct Supervisor paragraph IV, beton), to California lion mrnmest Codes ) given pus:suant to gvvernasnt Code Section 913 ad as.4. please note all "R=ing. Claimants Mary Brown CouaIty Counsel Attorney: Patricia W. Mills I;iAf 15 1984 703 Market St. , Suite 309 Address: San Francisco, CA 94103 CA 94553 Mafli;iez, Ammmt: $2 ,000 , 000 . 00 By delivery to clerk on Date Asceived: May 14 , 1984 By sail, postmarked on May 11 , 1984 I. prm Clerk of the Hoar Supery sors 10: County Course AttX**d is a copy of the abo ""ted claim. Dated: May 14 , 1984 J.R. CE$SON, Clerk, By �G�W/�so�.✓ Deputy Jolene Edwards II. P C14: County 00unsel Tau Clerk the ft"d of Super sors (Cheek only am) (Y-) This claim moplies substantially with Sections 910 and 910.2. ( ) This claim rAnS 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 Omnsel III. PWN: Clerk of the Board 70: (1) County Counsel,. (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. Dam QaEEt By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: certify- that this a true and correct copyOf the Board's MR entered in its sinubes for this date. Ree i DuBo ' s Dated: -19-8 4 J. R. amm, Clerk, By r , Deputy Clerk 1l1tt= (acv. Code Section 913) subject to esrtain esoeptions, you have only si: (6) months free the date this notice Mas personally served c c deposited in the sail .to file a aaat action on this claim. SmGoverment Code Section 95.6. _ You say seek the advic s of an attorney of your cthoioe in with this natter. If you want to consult an attorney, you should do so lssuediately. V. IK14: Clark of the Board 201 (1) County Camsel, (2) County Administrator Me notified the claimant of the Board's action on this claim by sailing a cVy of this d e meat, and a am thereof has been filed and endorsed an the Board's eDPy of this Claire in a000rdanae with Section 29703. ( ) A Morning of claimant's right to apply for leave to present a late claim Mas sailed to claimant. 6-19-84 J. R. CLS", Clerk, By . Deputy Clerk . . cc: County Administrator (2) County Counsel (1) 0000 CLAIM - - nV/:b.:a_ T1HEC% C TU-N_ 1 0 F, CQNTRa C0S-1 A PP o i V. :LtRf ,yC 01 CU,`f'RP COSI A G0 Pi ), QOM Um or ompagnm or CMK 11 MMUT, BOARD ACTION June 19 ,1984 Claim Against the car #.cc District ) tw= 20 Q�IZIBII�P governed by the Soerd ofSupervisors, ) 2t* oopq s to Ica is Icur Routing Mdocaements I and Board ). MUce a !fie action taker► on yoga alma by the Action. Ali Section references are ) Board of -araQraph IV, below), to California Government Oodes ) giv+sn pnrsnant to lioperrient Code Section 913 Nd 915.6. Please robe all "Bkrninw. Claimant: Allstate/Clive Jennings CODA ty Counsel Y 1 8 1984 Addres$II Martinez, CA 94553 (Inter-Office deli r-0�ce Mail) Amount: $7,057. 69 BY �Y clerk on Mav 18 - 1QR4 Date ksceived: May 18 , 1984 By mail, p0etmsrked an pKX: Clerk of the Board of Supervisors SO: County Counsel Attached is a copy of the above-noted Claim. Dam: May 18 , 1984 J.R. CLS"r Clerk, By rtY Jolene Edwards II. pKX: County Counsel 70: Clerk of the Boar Super sora (Check only am) (Y) This claimaafp ies substv}ntially with Sections 910 and 910.2.,ze ILv G� _ �� � �. ( ) his cla . FAILS to y aubstanti> ly th ons 910 and 910.2, and we are so notify claimant. The Board nor 1s days ion 919.8). Claim is not timely filed Clerk return im en ground that til late and send warning of claimant's right to apply for leave to present a la claim ion 911.3). Other: Dated: - By: Deputy County Counsel VIII. FKX: Clerk of the Board 70: (1) County Cmnsel, (2) County Administrator ( C104m was returned in y th roe to claimant (Section 911.3)._ IV. now CRaEFl 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 , oartify tMt a true and correct copy of the Boar 's or&r enter is minutes for this date. Re i DuBois Dated: 6-19-84 J. R. CESSWr Clerk, By .�_,J Deputy Clerk MMM POW. Code Section 913) Subject to certain e:ooeptiens, 7W have only sin (6) months fres the !late t h i s notice was personally served at deposited in the sail to file a oasis t action an th claim. See Gmverruent Code Sectian 965.6. _ !bu may seek the advice of an attorney of your dolce in onerectien With this matter. If you Mart to consult an attorney, you should do so imasdiately' . V. "M Clerk of the Board 20: (1) Carty 0mr sel, (2) Carty ator We notified the claimant of the Board's action an this claim by aailiig a copy of this doouaent, and a memo thereof has been filed and m 4'reed en the Board's copy of this Claim in aeoord 9= with Section 29703. (X ) A warning of claimant's right to apply for leave to present a late claim was sailed to Claimant. RM=: 6-19-Rd J. R. MWM# Clark, By. • Deputy Clerk cc: County Adninistrator (2) County Counsel (1) 000036 ; CLAIM - Alibl= **,antra Costa Cn►'^`• District Claim Office May 9, 1984 MAY 17 1984 2323 Crow Canyon Road San Ramon, CA 94583 Office of 415-820-8600 :SOAR�Q EIVED . County Administrator _ In reply please refer to MAY 1984 Claim Number: 166993395-OH21 LSSON Insured: Clive Jennings COF SUPERVISORSCOSTA CO. Date of Loss: 11-24-83 �""'�` Qep�tY Address: 2320 Belmont Road Concord, CA 94520 Community Services Department r Housing and Energy Division 2201 - C Harbor Street Pittsburg, CA 94565 Attn: Ida Daniel Berk MAY 1 5 1934 Dear Miss Berk: Our adjuster, Rob Jobe, has written to your office on two occasions requesting reimbursement for money we paid to have our insured's home repaired. This file has now been transferred to me to handle. We received a letter from Mr. James Hill stating that the matter had been turned over to you. The fire department report is in and it was determined that our insured's fire in their residence was due to the insulation being put on improperly. It is our understanding that the insulation was installed by the county as part of a P.G. and E. "weatherization program". We have paid $7,057.69 and now seek reimbursement from the responsible party:. Please accept this as our third notice of subrogation. I would also like for you to advise me in writing the steps I must take to have this subrogation claim processed. Thank you, RECEIVED Ethel M. Ross , Claim Representative EMR:sml MAY /1 1984 J.R. OLSSON CLERK O AR A OF COSTAEPEO ISORS SY4 DepulY 000037 Community Services 67.1.4544 Urrimunity Services Department ContraHead Start 671-4540 Housing/Energy 671-4544 242513isso Lane, Suite 120 Costa ConcJrd, California 94520 �.r l_L (415)671-4544 y Contra Costa Count Ida Daniel Berk RECEIVED Executive Director MAY 17 1984 Office of MEMORANDUM County Administrator TO Dean Lucas, County Administrator's Office o9 DATE: May 16, 1984 FROM Ida Daniel Berk, Director, Community Services�Ue rtment SUBJECT. Allstate Claim As you can see from this letter, the Allstate prople are getting anxious. Please process this for us. IDB/jm 00003E f,o,3 Q SSW Q CIMA Com"re MUMMIR, BOARD ACTION June 19 , 1984 Claim Against the C=ty,. ae Ddstrict ) BL,VT ME 'to CLR36 Pr governed by the Board of &WWViaon, ) Ift dopy CC =8 MM iM t* YOU is your routing Mdoesements, ane Board ) motive of the action taken an yacr dLaim by the Action. All Section nderanoes are ) bard of SWaviscesparagraph IV, babe), to California Ooverrmmt Clodes ) 9ivan ptasuent to Oovesim-t Cbee Section 913 add 915.6. Please nobs all 'Itraings'. Claimant: Terri Neugebauer Couliy Counsel 122 Klamath Street Attorney: Pittsburg, CA 94565 V1 AY 21 1984 Address: Martinez, CA 94553 (Hand-carried by CAO) hwunt: $127.00 BY delivWY tD clerk on =y 1A _ 1 9 R a Date Nceivied: May 18 , 1984 By sail, postmarked on I. PFM: Clerk of the Board of Supervisors 70: County Course Attached is a Copy of the shove s1 claim. Dated: May 18 , 19 8 4 J.R. CLSSON, Clerk, By o�Ja tai.✓ Deputy (/ Jolene Ed ards II. FROM: County Counsel T0: Clerk of the Ward of Super eves (Check only one) This claim vomplies 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 vas filed late and sena warning of claimant's right to apply for leave to peesent a late claim (Section 911.3). ( ) Other: Dated: _5 K By: .ill�// Deputy County CounselIII. FROK: Clerk of the Board 70: (1) county Q6Z el, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. Bay MMI By UmUmous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I certify that this a true aerrect copy of the %_mR's Order entered in Its minutes for this date. R i DuBois Dated: 6-19- 84 J. R. OL SSW# Clerk, ByQ , Deputy Clerk _Z.`. UMM Nov. code Section 913) Subject to certain esosptiam, you Dave only .six (6) months fro• the &te t h i s noti0e ras personally served ee deposited in the mail .to file a oast action an this claim. See Ooae m I Code Section 965.6. _ You my seek the advice of an attorney of your choice in with this matter. If you mmt to consult an attorney, you should do so Lseediately. V. MM: Clerk of the Board 20: (1) County Counsel, (2) County Administrator ft notified the claimant of the Board's action an this claim by mailing a copy of this document, Ord a Mw thereof has been filed and erdbrsed an the Board's copy of this Claim in a000rdanoe with Section 29703. ( ) A rerning of claisantls right to apply fcc isave tv present a late claim res mailed to claimant. J. R. RBSW# Clerk, By . Deputy Clerk cc: County Administrator (2) County Counsel (1) 000039 ^T.w1TM ��- a 4�7 10 7 r E�V D/s'i985� RD OF SUPERVISORS �� ;�C`GCc._ aoarP Deputy a TG rri /U2.u��ba ti i r 12 2 It� a 00004o ':PH.9358209C ON FLOOR STORAGE WAREHOUSE DATE SOLD BY No 050 :.: name: 4' `CM/CYCLep _ address* 263CONTRA COSTA BLVD. PLEASANT HILL,CA city' phl' -MAKE: MODE L: CER1: SIZE _.. — fes........_. .. .. — ... ':- - ... ol 36.549 ttg &arttntet DELIVE�Y`DATE: On any bicycle purchased from MOIUMENT.CYCLERY We wlll adjust and repair it absolutely no cWge for one year- The guarantee = SERIAL NO, naturally does not include stolen ornissing parts, pickup or delivery. intentional abuse, bent rims, or flat tres.We are here to help you yeah ' round with parts,repairs,and friendgservice. 0000 '1•. CLAW MW Or SC1FWIVS C! CWW CWM COMM CRLZPMM BOARD ACTION June 19 , 1984 (',lain Against the County, Cc District ) I MITM 110 CLAD P governed by the Board of Supervisors, ) '!be aopp GE tEls 999WE M to Im Is Pmc Muting BtdocsemMts, acd Board ) a tics of the action take: an your slain by Fix Action. All Section refersnoes are ) Mud Of Veragraph We balm)• to 0difarnia Government Codes ) given ptasnant to gal nt Code Section 913 aid 915.6. Please nobs all 'Itrninge. Claimant: City of San Ramon Gounty CaUA sol Attorney: Thomas D. Marple �fp Y j 8 1984 P.O. Box 3615 Address: San Francisco, CA 94119 Afart'nel, CA 94S3 Amount: $500 , 000 .00 By delivery to Clerk an Date Bsoeived: May 18 , 1984 By sail, postmarked an Max 16 , 19 8 4 I. FALX: eek the 8=3 of Supervisors 70: County Counsel Attached is a copy of the above-rated claim. Dam: May 18 , 1984 J.R. C ,SS0N# Clerk, By amity Jolene Edwards II. FALX: County 0=M1 T0: Clerk of the Boar d of Supervisors (Check only ane) ( ) This claim =nplies substantially with Sections 910 and 910.2. ( ) This claim nns 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 grand 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. FALX: Clerk of the Board TO: (ly County 1, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Bodian 911.3). I.V. amm CSEEE I By unanimous vote of Supervisors present ( x) This claim is rejected in full. ( ) other: certify that this is a true and correct Copy of the Bear 's C)r3er entered F7rtr, sinutes for this date. e e n i DuBois Dated: ' 6-19-84 J. R. CLOW, Clerk, By )u, � . Deputy Clerk wJWW 0W. Co8e Section 913) Subject to Certain asoaptians, you have only Biz (6) sonths fra• the date this notice vas personally served at deposited in the 10031 .to file a oast athi action an s '01-42. See code Section 96s.6. _ You nay seek the advice of an attorney of yon choice in aarrectian With this tatter. If you rent to consult an attorney, you should do go imadiately. V. EM: Clark of the Board TO: (1) cas:ty.Oounael, (2) Dainty Administrator We notified the claimant of the Board's action an this Claim by sailing a copy of this doc ont, and a now thereof has been filed and an8orsed an the Board's copy of this Claim in aococdanoe with Section 29703. ( ) A Morning of claisent's right to apply for Leave to present a late claim was sailed to claimant. I91M 6-19-84 J. R. C UMM, Clerk, By .,� . Deputy Clerk Cc.: County Administrator (2) County Counsel (1) 0000/11) CLAIM - CLAIM AGAINST TRE COUNTY OF CONTRA COSTA RECEIVED 1. CLAIMANT'S NAME (print) : City of Sari Ramon MAY /g 1984J.R. QLSSON _ CLERK BOARD OF SUPERVISORS 2. CLAIMANT'S ADDRESS: C/o Law Offices .of Thomas D. Marple C W5 Cos Ao. (address) (City) (State) �Py 3. AMOUNT OF CLAIM $ *500,000.00 Indemnity PHONE NO. 415/434-3106 4. ADDRESS TO. WHICH NOTICES ARE TO BE SENT, IF DIFFERENT FROM LINES 1 and 2: (print) Law Offices of Thomas D. Marple _ (Name) -P.O. Box 3615 (Street or P.O. Box Number) San Francisco, California 94119 (City) — (State) (Zip Code) 5. DATE OF ACCIDENT/LOSS: September 11, 1983 6. LOCATION OF ACCIDENT/LOSS: San Ramon Boulevard at the intersection with Montevideo Drive, City of San Ramon. County of Contra Costa, California 7. 'HOW DID ACCIDENT/LOSS OCCUR: Plaintiff pedestrian hit by car while crossing intersection alleging_cause of accident due to dangerous and hazardous condition of intersection which -Co�of Contra Costa failed to maintain properly 8. DESCRIBE INJURY/DA?LAGE/LOSS: p1 ifItiff sust-ained seve -personal_inAjuries _ 9. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY/DAMAGE/LOSS, IF KNOWN: See Plaintiff's claim 10. ITEMIZATION OF CLAIM.4list items totalling amount set forth above) : Indemnity *500,000.00-* $ 6 . • S TOTAL $ 11. Signed by or on behalf of Claimant: _ vid A. 'rs 12. Dated: MaY 16, 1984 MAY 15 1984 f• lm Q !! CMW MMOMPl. 0zMdjWjneIBdA1M5A�TION June 19 , 1984 Claim Against the County, cc District ) Q 'A Q�l4BltP governrI by the Doord of AupertiMSe She aw or Ws doodooft iilw to is your Baiting 2ndorsamintsFwa bard motice ct Via action "ream+ co I by the 1ktion. All /action references are ) Board ofVaragrgb 1V, bola.), to California Ouwerneent Codes f given pursoont to O-Wor fanI Code Section 913 ad US.4. Nesse oats all ftcnirW Claimant: Albert D. Seeno, Jr. , Thomas A. Seeno, Richard B. Seeno, Seeno Enterprises, Albert D. Seeno Construction Co. , Inc. AwtarAry: Seeno Bros. Development Co. , Inc. , and Albert D. Seeno Const. Co. Attorney: Jeffrey O. Brown, Esq. Address: Farbstein & Brown 400 S . E1 Camino Real , Suite 595 , San Mateo, CA 94402 Amount: $80 ,500 ,000.00 W delivery to Clerk an Date ftceived% May 14 , 1984 By mail, i ml arkad an May 11 , 1284 er 9=3 of Supervisors s County Attaohad is a am of the above m 1. claim. Dam: May 14 , 1984 J.R. CR89We Clerk, Hy 'tLV.9� qty olene Edwards II. 1KX: ty Coarse TO: ark of Vie Hoar sons (Check only am) ( xj This claim aoaplies substantially with Sections 910 and 910.2. (/ ) This claim PAILS to =nply substantially with Sections 910 and 910.2, and we are so ratifying claimant. The board cannot act for 15 days (pection 910.8). ( ) Claim is not timely files. Clerk should return claim on ground that it was files late and send warning of claimant's right to apply for leave to present a late claim (Section 932.3). ( ) Other: Dated: By: Deputy County Counsel III. irm: Clerk of the Hoard TD: W) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to Claimant (Section 911.3). IV. so= MIMI By unanimous vote of Supervisors present (x ) This claim is rejected in full. ( Others � is for thisy that date.is a true correct copyR ani Dof the r uBi s Hr enter is mftsDated: * 6-19-84 J. R. MMM, Clerk, By << �� , Drputy Clerk fl1�C (Cow. Cosa Section 913) Subject to certain eaoeptians, fou lave Cody six (6) month from the date t i s notice was pasanally served at deposited in the mail .to file a court action an this claim. ase G- Code SWUM 995.6. _ Zbn may seek the advice of an attorney at pour dsoice in With this 'latter. If you want to consult an attorrry, you should do so lsssediabel"y. V. lel: Clerk of the Board 20: (1) County Counsel. (2) County hiristrator We ratified the claimant of the Board's action an this claim by mailing a Dopy of this &anent, and a memo thereof hes been filed and endorsed an the ftard's copy of this Claim in a000rdanoe with Section 29703. i ( ) A warning of claimant's right to apply for leave to present a late dais was mailedto Clatumt i s J. B. MBB, Clerk, By � . Deputy Clerk ccs County Administrator (2) County Counsel (1) 000044 EI,ATM TO: BOARD OF. SUPERVISORS OF CONTRA CO**A9W9Mpp1ication to: Instructions to ClaimantClerk of the Board r, P.O.Box 911 M rtinez Califomia 94553 A. Claimrelating to causes of action for death or or 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 filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ALBERT D. SEENO, JR. , T 'OMAS A)Reserved for Clerk' s filing stamps SM-ZO, RICE:ARD B. SEE170, SEENO ENiERPRISEQ, aiZEPT n. s�a1n C'ONSTRTTC*PTC)T�T M_ , nr- ) RECEIVED SIZNO BROS. DEVELOPMENT CO. , INC. , and ) ALPFW T1. -,=O C Q1MTEX__TT(x7 MiPA'�T� ) Against the COUNTY OF CONTRA COSTA) 11 EKY 34 or DISTRICT) J. R. OLSSON (Fillin name ) CLERK BOARD OF SUPERVISORS CONTR9 COSTA CO. ..De The undersigned claimant hereby makes claim against the oun y o Contra Costa or the above-named District in the sum of $ ***gVr RPT_M7*** and in support of this claim represents as follows: ------------------------ z---------------------------------RU --- 1. When did the damage or n3ury occur? (Give exact date and hour] March 2 , 1924 (hour unknown) . as stated in First Amended Complaint for Darages served on Claimants and attached hereto as Exhibit "A" (See G.C. §901) . '�:- Where did t5e damage or injury occur? (Include city and county) As stated in First Amended Complaint for Damages served on. Claimants on March 2 , 1964 and attached hereto as Exhibit "A" (See G.C. §901) . ----------------------- -- r-T--------------r--- T -------- 3. How did the damage or in3ury occur? (Giveul� �etai�s, use ext=a sheets if required) This is a claim for Indemnity/Comparative Fault/Apportionment of any Damages , Judgments , Settlements made on First Amended Complaint for Damages served on Claimants on March 2 , 1984 and attached hereto as Exhibit "A" . -----------=—r------------------r--------- ----- ------r--- ----- part 4. What particular act or omission on the of county or district officers, servants or employees caused the injury or damage? Claimants are informed and believe that the damages alleged in attached 10:hibit "A" are due to (if found to. exist) the fault of the County of Contra Costa. ***CLAIM AMOUNT*** TOTAL INDEMNITY FOR AIJY DAMAGES AWARDED TO PLAINTIFFS (CLAIM IT' AMENDED COMPLAINT, DAMAGES TOTALING NOT LESS THAN $80 ,500 ,000) �U.. CLAIMANTS ' COSTS AND ATTORNEYS ' FEES PURSUANT TO CCP§1021.6 PLUS JUDGMENTS AWARDS , SETTLEMENTS OR ANY AND ALL OTHER SUMS WHICH PLAI14TIFFMAY RECEIVE FROM CLAIMA14T AS A RESULT OF PLAINTIFF£' COMPLAINT. �.UG04 j 1 l / F E a 17 1984 .I LAW OFFICES OF MELVIN M. BELLI , SR. J. R. OLSSON, County Clerk MELVIN M. BELLI , SR. , ESQ. (:"N R. O TA COUN 1' 2 PAUL M. MONZIONE, ESQ. By RS.Allendarph. Dep 722 Montgomery Street 3 San Francisco, CA 94111 i ( 415) 981-1849 4 Attorneys for Plaintiffs 5 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 7 FOR THE COUNTY OF CONTRA COSTA 4 MILEVA BACIGALUPO and ARTHUR BACIGALUPOy )CASE NO. S 338 ~ 10 PAULINE BLACKBJIRN and JOSEPH BLACKBURN, ) _ NATALIA BLAKE, KATHERINE BURNS"and PTHUR ) FIRST AMENDED BURNS , CYNTHIA CRUZ and.,,EDWARD CRUZ , SANDRA ) COMPLAINT FOR .; 11 FRANCO and ERNIE FRANCO, JUDITH HAGSTROM and/ ) DAMAGES a ; rq � CARL HAGSTROM , V NDA HEINZ and GERALD HEINZ , ) 1. NEGLIGENT Wg 0 12 BETTY HOOSHMAN and IRAGE. HOOSHMAND, ,i ) CONSTRUCTION co Z) - i GALE W. JAMES and WALTER M. JAMES, KIMBERLY ) 2. NEGLIGENT SALES - ; moo .& 1a JAMES and WILLIAM JAMES, WILONA KELLY"and .) 3 . BREACH OF bZ . n DANNY KELLY, MARY FORDON and JOHN FORDON, ) WARRANTY yOj "- 14 DEBRA LAWSON and RONALD LAWSON, ELLEN HAZEL ) 4 . STRICT LIABILITY x15 McARTHUR, MARY MACCHI'�and A. J . MACCHI , ) 5 . FRAUD > r' ` CAROLYN PAU and MICHAEL PAUL, ANNA RONK and ).6. - NEGLIGENT MIS- z W 16 JAMES RONK, BRIAN O�.TON;' CHARLOTTE,SIMMONS ) REPRESENTATION and ALBERT SIMMONS, JUDY SI�PLAIR and DANIEL )7 .. INTENTIONAL 17 SINCLAIR, WILLIAM T. SCHUPE, JERRY A. WAITE ) INFLICTION OF and JAMES H. WAITE, ) EMOTIONAL DISTRES 18 Plaintiffs, ) 8 . NEGLIGENT INFLIC- TION OF EMOTIONAL 19 I VS. ) DISTRESS )9 . WILFULL MISCUNDUC 20 iALBERT D. SEENO, JR. , THOMAS A. SEENO, ) ; RICHARD B. SEENO, ALBERT A. AFFINITO, ) ; i1. ndividually and as partners and/or owners ) { 21 ENTERPRISESeidoing SALBERTrDthSEENOeCONSTRUCTION/style of ENO ISSL►�n� 22 I; CO. INC. a California Corporation; SEENO ) t 23 . Corporation; DEVELOPMENT CO. , INC. , a California ) Corporation; ALBERT D. SEENO CONSTRUCTION ) 24 COMPANY, a Limited Partnership; PURCELL, ) RHOADES AND ASSOCIATES; MAGNOLI REALTY COM- ) ', PANY; VALLEY REALTY; MERRILL LYNCH RELOCATION ) 25 1MANAGEMENT, INC. , a California Corporation; ) 26 REALTY WORLD/ KENDALL; RED CARPET REALTORS; ) ALLIED BROKERS REALTORS; and DOES 1 through ) 500 , inclusive , ) Defendants. ) ,�. �- 000046 1 PLAINTIFFS COMPLAIN OF DEFENDANTS, AND EACH OF THEM, AND 2 ALLEGE AS FOLLOWS: 3 GENERAL ALLEGATIONS 4 1. Plaintiffs, and each of them, are and at all times herein 5 mentioned were , residents of Contra Costa County, State of h California. I 2� Defendant, ALBERT D. SEENO CONSTRUCTION CO. , INC. 8 - is, and at all times herein mentioned was, a California 9 corporation duly organized and existing , authorized .to do and 10 .: doing business in the County of Contra Costa , State of California. W W 'll W +� 3 . Plaintiffs are informed and believe , and thereon allege , ' a = O v 12 ' r • � that defendant , ALBERT D. SEENO CONSTRUCTION COMPANY, is, and .13 iu �+ J00 ; at all times herein mentioned was, a. California Limited r O U = 14 .... .. � = z Partnership duly organized and existing , and authorized to 15 ado and doing business in the County of Contra Costa, State of 16 California. 17 � 4 . Defendant, SEENO BROS. DEVELOPMENT CO. , INC. , is, and at 18 gall times herein mentioned was, a California corporation duly 19 organized and existing , authorized to do and doing business 20 iin the County of Contra Costa , State of California. 21 5. Defendant, SEENO ENTERPRISES is, and at all times herein 22 'Imentioned was, a business entity, the exact organization of 23 which is currently unknown to Plaintiffs, owned and operated ?4 1by ALBERT D. SEENO, JR. , THOMAS A. SEENO, RICHARD B. SEENO, 25 land ALBERT A. AFFINITO, authorized to do and doing business 26 in the County of Contra Costa, State of California. 1 6 . Defendants, ALBERT D. SEENO, JR, THOMAS A. SEENO, RICHARD 2 B. SEENO, and ALBERT A. AFFINITO are , and at all times herein 3 mentioned were , residents of Contra Costa County, California, 4 and individually responsible for the acts herein alleged as S partners and/or individual owners doing business under the 6 firm name and style of SEENO ENTERPRISES, and are authorized. 7 to do and doing business in the County of Contra Costa , State 8 of California. • 9 7. Defendants, PURCELL, RHOADES AND ASSOCIATES, are and 10 at all times herein mentioned were , a business entity the WQ 11 exact organization of which is unknown to Plaintiffs, author- W c Z 12 ized to do and doing business in the County of Contra Costa, i a � 13 State of California. J O U n I „ ; 4 1 .1 = Z - 8 . MAGNOLI REALTY COMPANY, VALLEY REALTY, REALTY WORLD/ N < �= 15 KENDALL, RED CARPET REALTORS, ALLIED BROKERS REALTORS, 16 and DOES 376 through 425, inclusive , are , and at all times 17 herein mentioned, were business entities, the exact organiza- 18 tion of which is unknown to Plaintiffp at this time , author- 19 I ized to do and doing business in the County of Contra Costa, 20 I State of California. 22 ; 9 . MERRILL LYNCH RELOCATION MANAGEMENT, INC. , is, and at 1 22 all times herein mentioned was, a California corporation duly 23 I organized and existing , authorized to do and doing business in 24 i the County of Contra Costa , State of California. 25; ' 10. Plaintiffs are ignorant of the true names or capacities 26 whether individual , corporate , associate or otherwise, of -2- 000018 I Defendants sued herein as DOES 1 through 500 , inclusive , and 2 therefore sue said Defendants by such fictitious names. 3 Plaintiffs herein pray leave that when the true names and 4 capacities of said Defendants are ascertained , .that the same 5 , may be inserted herein with appropriate allegations. Each of i 6 the Defendants designated herein as a DOE is negligently 7 I responsible , strictly liable , or in some other manner respons- 8 ible for the events herein alleged , and liable to the Plaintiffs 9 herein„ 10 11 . At all times herein mentioned , each Defendant was the W" 11 agent, servant and employee of the their Co-Defendants, and W � ) „ o ; 12 each of them, and in doing the things herein alleged , was ; cU � 13 acting within the course and scope of such agency and employ- o u roN ; 14 ment, and with the permission and consent of said Co-Defendants, : 15 and each of them. 16 12. On or about July 9 , 1976 , Defendants, ALBERT D. SEENO, 17 I JR. , THOMAS A. SEENO, RICHARD B. SEENO, ALBERT A. AFFINITO, 18 SEENO ENTERPRISES, ALBERT D. SEENO CONSTRUCTION CO. , INC. , 19 j SEENO BROS. DEVELOPMENT CO. , INC. , ALBERT D. SEENO CONSTRUC- 20 TION COMPANY and DOES 1 through 300, inclusive , began construct- 21 ing , cutting , grading , filling , compacting, laying out, 22 manufacturing , designing , developing , providing underground �i 23 II drainage, promoting , marketing , and selling to and for the 24 �I public, particularly Plaintiffs, that certain tract of lots 25': in the town of Clayton, County of Contra Costa, California, .26 I commonly referred to and known as "SUBDIVISION 4798 REGENCY i -3- 09004 1 WOODS UNIT 4" for the purposes of residential construction. 2 13. In or about July, 1977 , Defendants, PURCELL, RHOADES 3 AND ASSOCIATES and DOES 301 through 375 , inclusive , began 4 ascertaining the suitability of a certain parcel or parcels 5 of land known as, and hereinafter referred to as, "SUBDIVISION 6 I 4798 REGENCY WOODS UNIT 4", as a site for the construction of 7 a proposed residential housing project, -and further undertook 8 and did in fact perform soils tests, studies, inspections. and 9 analyses on the aforesaid parcel and further undertook and in 10 fact did draw, review, evaluate , and propose plans for the WQ 11 aforementioned housing project. W � coo ; 12 14 . Plaintiffs herein, and each of them, were blamelessly J ► 1_ O - o 710U.0 13 ignorant of all negligent and intentional acts of Defendants, v ► V n 0 2 r - X _ -14 and each of them, as hereinafter alleged , until on or about August ~ M L 15 24 , 1983, when one of the homes in Plaintiffs' neighborhood was " 16 .lifted off its foundation thereby exposing several foundational 17 , deficiencies. Additionally, Plaintiffs prior to this time , were 18 I unsophisticated and unknowledgeable regarding housing construc- 19 I tion, and Defendants undertook to cover up the true facts regard- 20 I ing the problems which Plaintiffs were experiencing , using 21 methods hereinafter set forth. I 22 ! FIRST CAUSE OF ACTION (NEGLIGENT CONSTRUCTION) 23 II 24 ( As a First, separate, and distinct Cause of Action, for all Praintiffs, and each of them, as against Defendants, 23 1 26 ALBERT D. SEENO, JR. THOMAS A. SEENO, RICHARD B. SEENO, ALBERT -4- 00005)0 1 A. AFFINITO, SEENO ENTERPRISES, ALBERT D. SEENO CONSTRUCTION 2 CO. , INC. , SEENO BROS. DEVELOPMENT CO. , .INC. , ALBERT D. SEENO 3 CONSTRUCTION COMPANY, PURCELL, RHOADES AND ASSOCIATES, and 4 Does -1 through 375 , inclusive , Plaintiffs allege as -follows: 5 15. Plaintiffs reallege and incorporate. herein by reference 6 I each and every allegation contained in Paragraphs 1 through 14, 7 inclusive , of the foregoing General Allegations , and make them I . 8 a part of the instant Cause of Action as though fully set forth. 9 16 , In all that they did in connection with the construction, N 10 building , cutting , grading , filling , compacting , laying out, 11 manufacturing , designing , developing , providing underground W.� � aov 12 drainage , promoting , sell-ing , and maintaining, the .aforesaid 3 0 " p 13 tract of lots and houses thereon, Defendants, ALBERT D. SEENO, j0 0- n = r : I 4 , = Z 1- 4 I JR. THOMAS A. SEENO, RICHARD B. SEENO, ALBERT A. AFFINITO, 15 SEENO ENTERPRISES, ALBERT D. SEENO CONSTRUCTION CO. , INC. , Z , 16 SEENO BROS. DEVELOPMENT CO. , INC. , ALBERT D. SEENO- CONSTRUCTION 17 COMPANY, and .DOES 1 through 300, inclusive , and each of them, 18 I were negligent and careless in that said Defendants failed, I 1 19 I inter alis, to take into account the properties of the under- 20 , lying soil , and constructed said houses with, inter glia, 21 ,. inadequate and faulty and defective foundations, thus causing 22 ,� vertical and horizontal movement, cracking , warping, splitting, i 23 distortion of said property and the residences thereon, and 24 additionally used , supplied, sold , purchased , manufactured, 25; - and utilized , defective and inadequate material in the construc- 26 tion of said houses. -5- 0000t, 1 17 . In all that they did in connection with testing , studying , 2 inspecting and analyzing of the soil at . the aforesaid tract of 3 lots, and in all that they did in connection with the proposals, 4 revisions and evaluations of the plans for the proposed S I construction, as aforesaid , Defendants, PURCELL, RHOADES AND I ASSOCIATES, and DOES 301 through 375 , inclusive , and each of 7 teem, were negligent and careless in that they so negligently 8 and carelessly prepared , researched , invented , supplied, • 9 inspected , sold and delivered certain soils reports and plans 10 to the remaining Defendants, and each of them, such that said 11 plans and reports were inadequate , deficient, incorrect and Y � � Q = t Q a 12 not sufficient for the construction project herein described. 13 18 . As a direct and proximate result of the negligence and + Z ., , 0 - •_ . 14 : = Z carelessness of Defendants, and each of them, Plaintiffs' real � < � < 15 property has been damaged in that it has been, is now, and in 16 the future continues to be in dangerously unstable- conditions, 17 subject to sudden collapse, subsidence, vertical and horizontal 18 movement, cracking , warping , splitting , and in need of great .19 I structural and internal and external repair rendering Plaintiffs' 20 houses valueless. Plaintiffs have therefore suffered damages 21 herein in excess of the jurisdictional limit of this Court, 22 Ij and in an amount to be proven at trial, but in no event in an 23 I� 24 I amount less than One Million Dollars ($1 ,000 ,000) per house. -19. That as a further direct and proximate result of the 25. negligence and careless of Defendants, and each of them, 26 Plaintiffs, and each of them, have been deprived of the use • -6- 0000 2 1 and enjoyment of their houses, and have lost the value of their 2 houses and their investment therein, and have experienced severe 3 anxiety and concern over the condition and future of their houses 4 and investment, all to their great upset and emotional distress, 5 :Inconvenience, and general damage in excess of the jurisdictional 6 �� limit of this Court, and in an amount to be proven at trial , but 7 in no event less than Five Hundred Thousand Dollars ( $500 ,000) 8 per house. 9 SECOND CAUSE OF ACTION 10 ( NEGLIGENT SALES) W 11 As a Second , separate , and distinct Cause of Action, for 12 all Plaintiffs, except and excluding Plaintiffs Brian Olton, 13 William T. Schupe'; Carolyn Paul and Michael Paul, as against W f V r'. 14 = zZ Defendants, .MAGNOLI REALTY COMPANY, and DOES 376 through 390, r n < ^ 4 15 inclusive , and for Plaintiff, Brian Olton, as against Defen- z 16 dants, REALTY, MERRILL LYNCH RELOCATION MANAGEMENT-, INC. and 17 DOES 391 through 400 , inclusive , and for Plaintiff, William 18 T. Schupe , as against Defendants, RED CARPET REALTORS, REALTY 19 WORLD/KENDALL and DOES 401 through 415 ,' inclusive , and for 20 I Plaintiffs Carolyn Paul and Michael Paul as against Defendants, 21 ALLIED BROKERS REALTORS, and DOES 416 through 425, inclusive , 22 ,i Plaintiffs allege as follows: 23 20. Plaintiffs reallege and incorporate herein by reference 24 each and every allegation contained in Paragraphs 1 through . 25 114 , inclusive , of the foregoing General Allegations and make them 26 I a part of the instant Cause of Action as though fully set forth. -7- . 0000 - 3 1 21 . In all that Defendants, MAGNOLI REALTY COMPANY, VALLEY 2 REALTY, REALTY WORLD/KENDALL, RED CARPET REALTORS, MERRILL 3 LYNCH RELOCATION MANAGEMENT, INC.., ALLIED BROKERS .REALTORS, and 4 DOES .376 through 425 , inclusive , did in connection with the 5 inspection, representations, tender of offers, and sales of 6 I the aforesaid tract of lots, and houses thereon, Defendants, 7 MAGNOLI REALTY COMPANY, VALLEY REALTY, REALTY WORLD/KENDALL, 8 RED CARPET REALTORS, MERRILL LYNCH RELOCATION MANAGEMENT, 9 INC. , ALLIED BROKERS REALTORS , and DOES 376 through 425 , 10 inclusive , and each of them, were negligent and careless in WQ 11 that said Defendants, and each of them, so negligently and It Z Z oo ; 12 carelessly inspected , investigated , tendered offers, performed o � a 13 all activities incident to sales, and sold the aforesaid J OO - Y1., V f o z r - orJ = 14 tract of lots and houses thereon to Plaintiffs,. that they ; Z = x 15 ( failed in their duty to provide Plaintiffs herein with proper 16 notification of the actual condition of said property and 17 residences thereon. 18 ( 22. As a direct and proximate result of the negligence and 19 ; carelessness of Defendants, and each of them, Plaintiffs' real 20 iproperty has been damaged in that it has been, is now, and in I21 ithe future continues to be in dangerously unstable conditions, 22 II subject to sudden collapse, subsidence , vertical and horizontal 23 ; movement, cracking, warping , splitting., and in need of great 24 ( structural and internal and external repair, rendering Plaintiffs' 25 1houses valueless. Plaintiffs have therefore suffered damages 26 herein in excess of the jurisdictional limit of this Court, -8- 00005, I ' f 1 and in an amount to be proven at trial , but in no event in an 2 amount less than One Million Dollars ( $1 ,000 ;000) per house. 3 23. As a further direct and proximate result of the 4 negligence and careless of Defendants, and each, of them, 5 Plaintiffs, and each of them, have been depraved of the use .5 I and enjoyment of their houses, and have lost the value of their. f 1 houses and their investment therein, and have experienced severe f . 8 anxiety and concern over the condition and future-'of their houses 9 and investment, all to their great upset and emotional distress, '0 inconvenience , and general damage in excess of the jurisdictional bi t1 limit of this Court, and in an amount to be proven at trial, but W It [ z a O � 12 in no event less than Five Hundred Thousand Dollars ($500,000) � r � o [ j 0 o R 13 per house. : ^ zu14 f I « a 15 THIRD CAUSE OF ACTION � Z (BREACH OF WARRANTY) a 16 As a Third , separate and distinct Cause of Action, for 17 all Plaintiffs, and each of them, as against Defendants, ALBERT I , 18 D. SEENO, JR. , THOMAS A. SEENO, RICHARD B. SEENO, ALBERT A. 19 I i AFFINITO, SEENO ENTERPRISES, ALBERT D. SEENO CONSTRUCTION 20 , CO. , INC. , SEENO BROS. DEVELOPMENT CO. , INC. , ALBERT D. 21 , SEENO CONSTRUCTION COMPANY, MAGNOLI REALTY COMPANY, VALLEY 2? I' REALTY, . REALTY WORLD KENDALL RED CARPET REALTORS, MERRI LL 23 LYNCH RELOCATION MANAGEMENT, INC. , ALLIED BROKERS REALTORS, 24 I and DOES 1 through 375 , inclusive , and DOES 376 through 425 , 25- inclusive , Plaintiffs allege as follows: 26 I 24 . Plaintiffs reallege and incorporate herein by reference , -9- 0000155 I each and every allegation contained in Paragraphs 1 through 2 14 , inclusive , of the foregoing General Allegations, and 3 Paragraphs 16 and 17 of the First Cause of Action, of this 4 complaint and make them a part of the instant Cause of Action, 5 as though fully set forth. 6 25. At all tunes herein mentioned , Defendants, ALBERT D. 7 SEENO, JR. , THOMAS A. SEENO, RICHARD B. SEENO, ALBERT A. 8 AFFINITO, SEENO ENTERPRISES,' ALBERT D. SEENO CONSTRUCTON 9 CO. , INC. , SEENO BR OS. DEVELOPMENT CO. , INC. , ALBERT D. 10 SEENO CONSTRUCTION COMPANY, MAGNOLI REALTY COMPANY, VALLEY 11 REALTY , REALTY WORLD/KENDALL, RED CARPET REALTORS, MERRILL .: CZ 12 LYNCH RELOCATION MANAGEMENT, INC. , ALLIED BROKERS REALTORS,N t J � W < o 13 and DOES 1 through 375, inclusive , and DOES 376 through 425 , 100 ; � F V 2 n L0Z � 14 inclusive , and each of them, were engaged in the business of « < � Z 15 mass producing and selling houses in the County of. Contra < 16 . Costa, and said Defendants, and each of them, in fact designed, 17 subcontracted, planned , constructed , mass produced , inspected, 18 and sold homes located within thw housing development known 19 ; as SUBDIVISION 4798 REGENCY WOODS UNIT 4 , specifically includ- 20 -ing houses located at the addresses below, which were sold to 21 Plaintiffs by said Defendants for use as residences, on the 22 dates set forth below: 23 24 Mileva & Arthur Bacigalupo Pauline & Joe Blackburn 208 Bigelow Street 269 Bigelow Street Clayton, Clayton, . .25: 1 Contra Costa County, CA Contra Costa, CA 26 November 7., 1977 October 30 , 1977 _10- 000W 1 Katherine & Arthur Burns Cynthia & Edward Cruz 256 Bigelow Street 221 Bigelow Street 2 Clayton, Clayton, Contagia Costa, CA Contra Costa , CA 3 November 22 , 1977 June 5 , 1977 Sandta & Ernie Franco Judith & Carl• Hagstrom 262 Bigelow Street 120 Samuel Court 5 I• Clayton, Clayton, Contra Costa , CA Contra Costa, CA 6 April 30, 1977 April 30 , 1977 7 Linda & Gerald Heinz Betty & Irage Hooshmand 8 227 Bigelow Street 108 Samuel Court Clayton, Clayton, 9 Contra Costa, CA Contra Costa, CA Nove-mber. 15 , 1977 May 19 , 1977 10 Kimberly & William James Wilona & Danny Kelly a 11 220 Bigelow Street 226 Begelow Street Clayton, Clayton, ;Z4 Contra Costa, CA Contra Costa, CA a 12April. 19 , 1977 April 17 , 1977 iu 0 13 Mar & John Fordoh Debra .& Ronald Lawson C; y o " = 14 115 Samuel Court 202 Bigelow Street Z = Clayton, Clayton , 15 Contra Costa, CA Contra Costa, CA rz April 15 , 1977 December 2 , 1977 . 16 Mary A. J. Macchi Carolyn & Michael Paul 17 215 Bigelow Street 207 Bigelow Street Clayton, Clayton, 18 Contra Costa, CA Contra Costa, CA January 5 , 1978 May 7 , 1979 19 Anna & James Ronk Brian Olton 20 233 Bigelow Street 234 Bigelow Street I Clayton, Clayton, 21 Contra Costa, CA Contra Costa, CA 22 !ij April 16 , 1977 September 9 , 1980 SimmonsJud i Charlotte & Albert y & Daniel Sinclair 23 240 Bigelow Street 214 Bigelow Street Clayton, Clayton, 24 I Contra Costa, CA Contra Costa, CA April 16, 1977 May 11, 1977 I - 2 ' � Ellen Hazel McArthur Jerry A. & James H. Waite 26 275 Bigelow Street 201 Bigelow Street Clayton, Clayton, -11- • 000 5'7 1 Contra Costa, CA Contra Costa, Ca 2 June 12, 1977 May- 16 , 1977 3 Gale- W. & Walter M. James William T. Schupe 107 Samuel Court 250 Bigelow Street 4 Clayton, Clayton, Contra Costa, CA Contra Costa ,- CA 5 June 3 , 1977 September 3 , 1978 6 I Natalia Blake 263 Bigelow Street 7 Clayton, Contra Costa, CA 8 December 8 , 1977 9 26., In doing the acts as herein alleged , Defendants, ALBERT 10 D. SEENO, JR. , THOMAS- A. SEENO, RICHARD B. SEENO, ALBERT A. Z. �< 11 AFFINITO, SEENO ENTERPRISES, ALBERT D. SEENO CONSTRUCTION iz it o ,- 11 CO. , INC. , SEENO BROS. DEVELOPMENT CO. , INC. , ALBERT D. SEENO Z u o 13 odd CONSTRUCTION COMPANY, MAGNOLI REALTY COMPANY, VALLEY REALTY, z � � 14 = z REALTY WORLD/KENDALL, RED CARPET REALTORS, MERRILL LYNCH 15 RELOCATION MANAGEMENT, INC. , ALLIED BROKERS REALTORS, and In 16 DOES 1 through 375 , inclusive , and DOES 376 through 425 , 17 inclusive , and each of them, expressly and/or impliedly 18 I warranted that the houses were designed and constructed in a 19 reasonably workmanlike manner and were fit for use in the 20 i manner in which they were intended by Defendants, and each of 21 them, to be used, and were inhabitable. 22 I 27. Plaintiffs herein reasonably relied on such warranties 23 1 1 and believed in good faith that the houses were of merchant- 24 I f able quality, since Plaintiffs were unsophisticated and 25 . unknowledgeable about housing construction and since Defendants 26 .were sophisticated, experts, and in a position of superior -12- 0000 8 i 1 knowledge regarding housing construction, and particularly 2 the aforementioned houses. 3 28. Defendants, and each of them, . breached the warranties by 4 among other things, constructing , building , marketing , supplying 5 and - selling houses to Plaintiffs, which were in fact faulty I and inadequate in their foundations, structural bond beams, 7 ( interior and exterior piers and footing supports, and were 8 + otherwise inadequately constructed , thus resulting in extremely 9 �I unstable houses and incidental structural and interior and 10 exterior damage . � Q 11 29. As a direct and proximate result of the breach of warranties Z ` Z go 0 12 by Defendants, and each of them, Plaintiffs' real property ` i u � 13 ; o .0 has been damaged in that it has been, is now, and in the w t V n o Z w : ° : 14 future continues to be in dangerously unstable conditions, rNi 15 subject to sudden collapse , subsidence , vertical and horizontal 16 .movement, cracking , warping , splitting , and in need of great 17 structural and internal and external repair, rendering Plaintiffs' I 18 ; houses valueless. Plaintiffs have therefore suffered damages 19 � herein in excess of the jurisdictional Limit of this Court, 20 ; and in an amount to be proven at trial , but in no event in an 21 ' Iamount less than one Million Dollars ($1 ,000 ,000) per house. 22 !�i 30. That as a further direct and proximate result of the 23 ,� breach of warranties of Defendants, and each of them, 24 �( Plaintiffs, and each of them, have been deprived of the use 25 and enjoyment of their houses, and have lost the value of their 26 houses and their investment therein, and have experienced severe -13- 0000 :.0 1 anxiety and concern over the condition and future of their houses 2 and investment, all to their great upset and emotional distress, 3 i..nconvenience , and general damage in excess of the jurisdictional 4 limit of this Court, and in an amount to be proven at trial, but S in no event less than Five Hundred Thousand Dollars ( $500,000) 6 per hoilse . 7 8 FOURTH CAUSE OF ACTION ( STRICT LIABILITY) 9 As Fourth, separate and distinct Cause of Action, for 10 all Plaintiffs and each them, as against Defendants, ALBERT 11 D. SEENO, JR. , THOMAS A. SEENO, RICHARD B. SEENO, ALBERT A. . 9z 12 AFFINITO, SEENO ENTERPRISES, ALBERT D. SEENO CONSTRUCTION CO. , i p u w 13 INC. , SEENO BROS. DEVELOPMENT CO. , INC. , ALBERT D. SEENO t +: u ^ o0V — 14 ... = z CONSTRUCTION COMPANY, and DOES 1 through 300 , inclusive , and 15 I each of them, Plaintiffs allege as follows: fa 16 •31. Plaintiffs reallege and incorporate herein by reference ! 17 I each and every allegation contained in Paragraphs 1 through 18 14 , inclusive , of the foregoing General Allegations, Paragraphs 19 16 and 17 of the foregoing First Cause of Action, and Paragraphs 20 25 through 28 , inclusive, of the foregoing Third Cause of 21 i Action', and make them a part of the instant Cause of Action as I 2? though fully set forth. 23 132. Defendants, ALBERT D. SEENO, JR. , THOMAS A. SEENO, 24 i RICHARD B. SEENO, ALBERT A. AFFINITO, SEENO ENTERPRISES, i 2&. ALBERT D. SEENO CONSTRUCTION CO. , INC. , SEENO BROS. DEVELOPMENT 26 CO. , INC. , ALBERT D. SEENO CONSTRUCTION COMPANY, and DOES 1 -14- 00006 II I through 300 , inclusive , and each of them, are and at all _� �I` ti-res herein mentioned , were engaged in the mass production 3 i of ho-ioes for sale to and use by members of the general public, it 4 a.nd, as a part of its business, Defendants, and each of them, :3 �� Sn :face: designed , subcontracted , planned , mass-produced , z 1 nspeci,.ed , constructed and sold houses located within the development known as "SUBDIVISION 4798 REGENCY WOODS UNIT 4" t specifically including the residences sold to Plaintiffs 9 f ;train 10 31 .• Defendants , ALBERT D. SEENO, JR. , THOMAS A. SEENO, 11 RICHARD 8. SEENO, ALBERT A. AFFINITO, SEENO ENTERPRISES, > aZ ' i ` o : 12 AL3ERT. D. SEENO CONSTRUCTION CO. , INC. , SEENO BROS. DEVELOPMENT C J ; o ' ; 13 CO. , INC. , ALBERT D. SEENO CONSTRUCTION COMPANY, and DOES 1 + oo - I ♦ V 2, c6S 14 through 300 , inclusive , and each of them, intended that the 'l c z I 15 houses constructed by them were to be used for the purposes : ppI 16 of residences, and Defendants, and each of them, knew that 17 the houses would be purchased and used without inspection for 18 I defects by the Plaintiffs herein and that Plaintiffs could 19 ( not have discovered the presence of defects described herein 20 i by conducting reasonable inspections. 21 34. Defendants, ALBERT D. SEENO, JR. , THOMAS A. SEENO, 22 RICHARD B. SEENO, ALBERT A. .AFFINITO, SEENO ENTERPRISES, i 23 ' ALBERT D. SEENO CONSTRUCTION CO. , INC. , SEENO BROS. DEVELOPMENT 24 i CO. , INC. , ALBERT D. SEENO CONSTRUCTION COMPANY, and DOES 1 23' 1 through 300, inclusive, and each of them, sold the homes 26 referred to in the foregoing Paragraph 25 of the Third Cause I -15- 0000 1 I of Action to Plaintiffs on the dates so specified . 2 35. At the time of said purchases, the homes were defective 3 in that, as heretofore set forth, foundations and other integral 4 structures were improperly planned , constructed and installed. 5 36.. Plaintiffs herein relied on the skill , superior knowledge , 6 and expertise , of Defendants, ALBERT D. SEENO, JR. , THOMAS A. 7 SEENO; RICHARD B. SEENO, ALBERT A. AFFINITO, SEENO ENTERPRISES, 8 ALBERT D. SEENO CONSTRUCTION CO. , INC. , SEENO BROS. DEVELOPMENT 9 CO. , INC. , ALBERT D. SEENO CONSTRUCTION COMPANY, and DOES 1 10 through 300 , inclusive , and each of them, in purchasing said W : 11 houses, and could not have by means of reasonable acts and s + o ; 12 inspection, ascertained on their own, whether the houses had 7 t J- �� • ; out 13 adequate foundations and were structurally fit for their W : U:, : ; =U-- 14 intended purposes. Z 15 37. As a direct and proximate result of the acts of Defendants, a 16 I and each of them, Plaintiffs' real property has been damaged 17 in that it has been, is now, and in the future continues to be 18 in dangerously unstable conditions, subject to sudden collapse, 19 ( subsidence , vertical and horizontal movement, cracking , 20 i warping , splitting , and in need of great structural and 21 I� internal and external repair, rendering Plaintiff' s houses 22 ! valueless. Plaintiffs have therefore suffered damages herein 23 I I f in excess of the jurisdictional limit of this Court, and in 24 (� an amount to be proven at trial, but in no event in an amount 25 less than One Million Dollars ( $1 ,000,000) per house . 26 138. That as a further direct and proximate result of the -16- 0000 1 acts of Defendants, and each of them, Plaintiffs, and each of 2 them, have been deprived of the use and enjoyment of their 3 houses, and have lost the value of their houses and. their 4 investment therein, and have experienced severe anxiety and S concern over the condition and future of their houses and 6 n,,,t�stinent , all to their great upset and emotional distress, 7 .inconvenience , and general damage in excess of the jurisdictional 8 limit of this Court, and in an amount to be proven at trial, but 9 in no event less than Five Hundred Thousand Dollars ( $500,000) 10 per house. � a 11 FIFTH CAUSE OF ACTION Wt 7Etl . 12 ( FRAUD) ° e ` • f oma 13 As a Fifth; separate and distinct Cause of Action, for U !! all Plaintiffs, and each of them, as against Defendants., � = s = - 14 g 15 ALBERT D. SEENO, JR. , THOMAS A. SEENO, RICHARD B. SEENO, Z 4 '° 16 ALBERT A. AFFINITO, SEENO ENTERPRISES, ALBERT D. SEENO CONSTRUC- 17 TION CO. , INC. , SEENO BROS. DEVELOPMENT CO. , INC. , ALBERT D. 16 SEENO CONSTRUCTION COMPANY, MAGNOLI REALTY COMPANY, VALLEY 19 IREALTY, REALTY WORLD/KENDALL, RED CARPET REALTORS, MERRILL 20 ' LYNCH RELOCATION MANAGEMENT, INC. , ALLIED BROKERS REALTORS, 21 ? and DOES 1 through 300 , inclusive , and DOES 376 through 425 , 22 ; inclusive, each of them, Plaintiffs allege as follows: 23 39. Plaintiffs reallege .and incorporate herein by reference , 24 each and every allegation contained in Paragraphs 1 through .- '25 X14 , inclusive, of the foregoing General Allegations, Paragraphs 26 25 through 28 , inclusive, of the Third Cause of Action, and -17- 000003 1 1 ry 1 I9 Paragraphs 32 through 36 , inclusive , of the Fourth Cause of 2 Action, of this complaint and make them a part of the instant 3 Cause of Action as though fully set forth. 4 40. -Defendant, ALBERT D. SEENO, JR. , individually and as an j g 5 agent for Defendants, THOMAS A. SEENO, RICHARD B. SEENO, 1 6 ALBERT A. AFFINITO, SEENO ENTERPRISES, ALBERT D� SEENO I 7 CONSTRUCTION CO. , INC. , SEENO BROS. DEVELOPMENT CO. , INC. , 8 ALBERT D. SEENO CONSTRUCTION' COMPANY, and DOES 42.6 through 9 450 , inclusive , falsely and fraudulently represented to 1 10 Plaintiffs herein, that the houses that said Plaintiffs � a 11 purchased , were designed and constructed in a reasonable , Y Y Sao ; 12 *workmanlike manner, were fit as residences for human occupancy, J 13 were free of any material or structural defects, had sound o U Z e - 1GZ_14 foundations and were sturdy in structure , and were sound 1 15 financial investments. Additionally, said Defendants fraudu- Ic 16 lently represented to Plaintiffs herein. that any defects 17 discovered would be minor in nature , merely cosmetic at 18 worse, and that they would be and were promptly remedied by I 19 Defendants. 20 41 . Said Defendants made the fraudulent false representations ! I 21 as set forth above through their agents in Contra Costa 22 County, to the Plaintiffs for an ongoing period of time 23 previous to, on, and subsequent to the dates as set forth 24 I below: r - .25 i To Arthur and Mileva Bacigalupo on or about November 26 7, 1977. -18- 0000 `' 1 �I To Joseph and Pauline Blackburn on or about October 30 , i 2 i 1977 , 3 i To Arthur and Katherine Burns on or about November 22, 4 €+ 1977 • 5 To Edward and Cynthia Cruz on or about June 6 , 1977. 6 To Ernie and Sandra Franco on or about April 30 , 1977 . 7 To Carl and Judith Hagstrom on or about April 30 , 1977 . To Gerald and Linda Heinz on or about November 15 , 1977. 9 To .Irage and Betty Hooshmand on or about May .19 , 1977. ` 10 To William and Kimberly James on or about April 17 , 1977 . To Danny and Wilona Kelly on or about April 17 , 1977. ouzo - 12 To John and Mary Fordon on or about April 15, 1977. ; oU0, 13 To Ronald and Debra Lawson on or about December 2, 1977. JU p - w � U in o z w - : o � . 14 I To A. J . and Mary Macchi on or about January .5 , 1978 . Z z r a � � f 15 + To Michael and Carolyn Paul on or about May 7 , 1979. 16 J . To James and Anna Ronk on or about April 16 , 1977. 17 I To Brian Olton on or about September 9 , 1980. 18 jTo. Albert and Charlotte Simmons on or about April 16 , 1977. 19 I To. Daniel and Judy Sinclair on or about June 11 , 1977. 20 To Ellen Hazel McArthur on or about June 12, 1977. 21 To Jerry & James Waite on or about May 16 , 1977. 22 ! To Gale & Walter James on or about June 3, 1977 . 23 To William T. Schupe on or about September 3, 1978 . 24 I To Natalia Blake on or about December 8 , 1977. "25 142. The representations ,made by Defendants as herein 26 alleged , were in fact false. The true facts were that the -19- 0000 5 1 aforementioned houses were constructed with numerous and i 2 substantial and serious defects as herein alleged . Such 3 defects have not been remedied. Such defects render the 4 aforementioned houses unfit for human occupancy. Said Defendants in fact actively concealed the nature and extent 6 I of such defects, in an attempt to hide same from Plaintiffs. I 7 4:3 . When said Defendants made these representations, they 8 + knew them to be false , and said representations were made by 9 Defendants with the intent to defraud and deceive Plaintiffs, 10 and with the intent to induce Plaintiffs to act in the manner . a 11 herein alleged . _ 1Kz i o , o ; 12 i 44 . Plaintiffs, at the time these representations were made 7 J — `1.0- 13 to Defendants, and at the time Plaintiffs took the actions I 'J O e` J O O — o "- 14 herein alleged , were ignorant of the falsity of Defendants I � 4 15 representations and believed them to be true . In reliance on 16 these representations, Plaintiffs herein were induced to and 17 did purchase the aforementioned houses from Defendants. i 18 i Additionally, in reliance on these representations, Plaintiffs 19 t were induced to and did forego many necessary remedies to the 20 aforementioned houses, in hopes of a prompt response and remedy I , 21 .� by Defendants, as had been fraudulently promised. Had 22 �� Plaintiffs known the actual facts, they would not have taken 23 ,� such action, nor would they have purchased said houses. 24 Plaintiffs' reliance on Defendants' representations was justified .25 because as has been heretofore alleged , Plaintiffs were ignorant 26 and unkowledgeable with regard to housing construction, could -20- 00006 J 1 not have discovered any such defects by conducting reasonable 2 inspections and relied on the superior knowledge and expertise I 3 of said Defendants who held themselves out as possessing such. 4 4.5. As a direct and proximate result of the fraud and deceit 5 of Defendants, as herein alleged , Plaintiffs' were induced to 6 i; pure ase houses collectively known as "SUBDIVISION 4798 7 R1r-"ZNCY WOODS UNIT 4" . Said property has been damaged in 8 ,, that it has been, is now, and in the future will continue 9 to be in dangerously unstable conditions, subject to sudden 10 collapse , subsidence , vertical and horizontal movement, 11 cracking , warping , splitting , and in need of great structural W a - W - s + o ; 12 and internal and external repair , rendering Plaintiff' s houses � 3U 13 valueless. Plaintiffs have therefore suffered damages herein Joo - W o5 14 in excess of the jurisdictional limit of this Court, and in 15 an amount to be proven at trial , but in no event in an amount 16 •- less than One Million Dollars ($1 ,000,000) per house. 17 146. That as a further direct and proximate result of the 16 I fraud and deceit of Defendants, and each of them, as herein I i 19 alleged , Plaintiffs, and each of them, have been deprived of 20 I the use and enjoyment of their houses, and have lost the 21 value of their houses and their investment therein, and have I 22 1I 1 experienced severe anxiety and concern over the condition and 23 future of their houses and investment, all to their great 24 upset and emotional distress, inconvenience , and general - 25 damage in excess of the jurisdictional limit of this Court, 26 and in an amount to be proven at trial, but in no event less -21- 000067 i 1 than Five Hundred Thousand Dollars ( $500,000) per house. 2 47. -Defendants, and each of them, knew of the defective 3 condition of said lots, as herein alleged, and further knew 4 that for some years prior to the events described herein, 5 there had been wide spread and persistent drainage problems 6 and soils problems in the Contra Costa area, which problems 7 have caused numerous episodes of earth slippage and subsidence 8 of the ground in other similir developments. Defendants, and 9 each of them, further knew that constructing houses with in- 10 adequate foundations provided a substantial likelihood that a 11 � Z said houses would be subject to sudden collapse, subsidence, ra r 12 h 0 i vertical and horizontal movement, cracking, warping, splitting, = „ 0 13 ip a ° C;� and a future need of great interior and exterior structural oNZ' ` 14 « Z repair. Nothwithstanding the foregoing, Defendants, and each r h. 15 of them, acting solely in furtherance of their own economic 40 16 interests, and with an utter disregard of the possible injurious 17 consequences to Plaintiffs and others similarly situated, 18 19 deliberately failed to obtain adequate and detailed studies 20 of the soil 's stability, and hydrology of said development; deliberately failed to correct said soil's problems ; deliberately 21 ' concealed from the public, Defendants ' knowledge of the afore- 22 i; said foundational problems, and the risks necessarily involved; 23 ! 24 I Defendants continued to fail to correct the aforesaid foundational problems and deliberately made repeated public 25 _ assurances to Plaintiffs herein that said homes were of sound 26 construction, which assurances Defendants, and each of them, -22- 00006S 1 1 knew to be false and that Defendants had no intentions whatsoever 2 of providing adequate and sound construction of said houses. 3 In doing the acts herein alleged , Defendants, and each of 4 . them, acted with oppression, fraud and malice , and with the 5 intent to vex, injure , and annoy Plaintiffs and Plaintiffs 6 iherein are entitled to punitive damages . in the sum of Two 7 ' Million Dollars ( $2 ,000 ,000) .per house , as a deterent 8 to Defendants, and as punishment and example so that Defendants, 9 and others similarly situated will be prevented from committing 10 similar frauds and deceptions on Plaintiffs and other members r Z `Z 11 of the general public. Ono . 12 7 W J J10 - 13 SIXTH CAUSE OF ACTION J00 - (NEGLIGENT MISREPRESENTATION) W t U in O i n - 1 W 05 - 14 � «� I As a Sixth, separate and distinct Cause of Action for 15 I all Plaintiffs, and each of them, as against Defendants, a 16 ALBERT D. SEENO, JR. , THOMAS D. SEENO, RICHARD B. SEENO, 17 ALBERT A. AFFINITO, SEENO ENTERPRISES, ALBERT D. SEENO 18 CONSTRUCTION CO. , INC. , SEENO BROS. DEVELOPMENT CO. , INC. , 19 ALBERT D. SEENO CONSTRUCTION COMPANY, MAGNOLI REALTY, 20 VALLEY REALTY, REALTY WORLD/KEN.DALL, RED CARPET REALTORS, 21 ' i MERRILL LYNCH RELOCATION MANAGEMENT, INC. , ALLIED BROKERS 2? ii REALTORS, and DOES 1 through 300, inclusive , and DOES 376 23 24 I through 425, inclusive , and DOES 426 through 450 , inclusive , Plaintiffs allege as follows: 25 � 48. Plaintiffs reallege and incorporate herein by reference , 26 each and every allegation contained in :Paragraphs 1 through 000060 -23- 1 14 , inclusive , of the foregoing General Allegations, Paragraphs 2 25 through 28 , inclusive , of the Third Cause of Action, 3 Paragraphs 32 through 36 , inclusive , of the Fourth Cause of 4 Action, Paragraphs 40 through 42 , inclusive , and Paragraph 44 . 5 of the Fifth Cause of Action of this complaint , and make them 6 i a part of the instant Cause of Action as though fully set forth. 7 ' 49. . In making the representations as herein alleged , Defendants . 8 were careless and negligent in that Defendants knew, or should 9 have known that said representations were in fact false in 10 that the aforementioned houses contained defects as herein- 11 above set forth. � v d r � oV 12 50 . Plaintiffs herein, and each of them, relied on said Q J 5 . 6: 13 negligent and false representations of Defendants, and each oO — r v 4n D = in _ 0 _ : 14 of them, and said representations were of material fact �f 15 I essential to Plaintiffs' decision to purchase said houses. f 16 151 . As a direct and proximate result of the negligent misrepre- 17 sentations of Defendants, and each of them, Plaintiffs' real 18 I property has been damaged in that it has been, is now, and in 19 I the future continues to be in dangerously unstable conditions, 20 i subject to sudden collapse , subsidence , vertical and horizontal 21 movement, cracking , warping , splitting , and in need of great i 22 1 structural and internal and external repair , rendering t� 23 Plaintiff 's houses valueless. Plaintiffs have therefore 24 suffered damages herein in excess of the jurisdictional limit ,25 I of this Court, and in an amount to be proven at trial , but in 26 no event in an amount less than One Million Dollars ($1 ,000 ,000) OQ0f��' " -24- 1 per house . 2 52. That as a further direct and proximate result of the 3 negligent misrepresentations of Defendants; and each of them, 4 Plaintiffs, and each of them, have been deprived of the use 5 and enjoyment of their houses, and have lost the value of their 6 houses and their investment therein, and have experienced severe 7 anxiety and concern over the condition and future of their houses 8 and investment, all to their great upset and emotional distress, 9 inconvenience , and general damage in excess of the jurisdictional 10 limit of this Court, and in an amount to be proven at trial , but �` I1 in no event less than Five Hundred Thousand Dollars ($500 ,000) per o �- z � z r ¢ o b o : 12 house . 1 G V w 13 , , fou ^ Ido ` 14 SEVENTH CAUSE OF ACTION _ _ _ ( INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS) PIK 15 As a Seventh, separate and distinct Cause of Action, for 16 all Plaintiffs, and each of them, as against all Defendants, 17 and each of them, Plaintiffs allege as follows: 18 53. Plaintiffs reallege and incorporate herein by reference, 19 each and every allegation contained in Paragraphs 1 through 20 114 , inclusive , of the foregoing General Allegations, Paragraphs 21 25 through 28 , inclusive, of the Third Cause of Action, I 22 Paragraphs 32 through 36 , inclusive , of the Fourth Cause of 23 Action, Paragraphs 40 through 42, inclusive , and Paragraph 44 of 24 the Fifth Cause of Action and Paragraphs 49 and 50 , inclusive -25 of the Sixth Cause of Action of this complaint, and make them a 26 I part of the instant Cause of Action as though fully set forth. -25- 000071 1 54 , In doing the acts as herein alleged , the conduct of 2 Defendants, and each of them, was deliberate , outrageous, and 3 intentional , and was done maliciously, oppressively , 4 fraudulently , and with the intent to cause Plaintiffs extreme 5 i mental and emotional distress. Plaintiffs in fact sustained 6 severe mental and emotional distress and suffered damages and 7 injuries as hereinbefore and hereafter set forth. As such, Plaintiffs are entitled to punitive damages in an amount as 9 previously set forth in this complaint. 10 55. As a direct and proximate result of the conduct of ` • 11 Defendants, and each of them, Plaintiffs have suffered extreme W < W Z � C o �o0 12 and severe emotional distress. Further., Plaintiffs' real 13 ; ; $ o property has been damaged in that it has been, is now, and in u V n • � Z n ; = XZ = 14 the future continues to be in dangerously unstable conditions, 15 subject- to sudden collapse , subsidence , vertical and horizontal 16 movement, cracking , warping, splitting , and in need of great 17 structural and internal and external repair, rendering 18 Plaintiff' s houses valueless. Plaintiffs have therefore 19 suffered damages herein in excess of the jurisdictional 20 jlimit of this Court, and in an amount to proven at trial, 21 but in no event in an amount less than One Million Dollars I 22 ($1 ,000 ,000) per house. 23 56. That as a further direct and proximate result of the 24 outrageous conduct of Defendants, and each of them, `25 Plaintiffs, and each of them, have been deprived of the use 26 and enjoyment of their houses, and have lost the value of their 0000'72 -26- I houses and their investment therein, and have experienced severe 2 anxiety and concern .over the condition and future of their houses 3 and investment , all to their great upset and emotional distress, .4 � Inconvenience , and general damage in excess of ,the jurisdictional 5 .limit of this Court, and in an amount to be proven at trial , but 6 in no event less than Five Hundred Dollars ($500 ,000) per 7 house • EIGHTH CAUSE OF ACTION 9 ( NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS) 10 As an Eighth, separate and distinct Cause of Action, by W' 11 all Plaintiffs , and each of them, as against all Defendants, � < 6 -- o v 12 and each of them, Plaintiffs allege as follows: ; o � � 13 57. Plaintiffs reallege and incorporate herein by reference WoU � o 'S 14 each and every allegation contained in Paragraphs 1 through . r « < Z 15 14 , inclusive , of the foregoing General Allegations, Paragraphs < 16 16 and 17 , inclusive , of the First Cause of Action, Paragraph 17 21 , inclusive , of the Second Cause of Action, Paragraphs 25 18 I through 28 , inclusive , of the Third Cause of Action, Paragraphs i 19 32 through 36 , inclusive , of the Fourth Cause of Action, 20 i Paragraphs 40 through 42 , inclusive , and Paragraph 44 of the 21 Fifth Cause of Action, and Paragraphs 49 and 50 , inclusive, 22 h of the Sixth Cause of Action, of this complaint, and make 4 23 them a part of the instant Cause of Action as though fully I 24 I set forth. . 25 58. As a direct and proximate result of the conduct of . 26 Defendants, and each of them, Plaintiffs' have suffered extreme -27- 000073 I 1 and severe emotional distress. Further, Plaintiffs' real 2 property has been damaged in that it has been, is now, and in 3 the future continues to be in dangerously unstable conditions, 4 subject to sudden collapse , subsidence , vertical and horizontal . 5 movement, cracking , warping , splitting , and in need of great 6 structural and internal and external repair , rendering Plaintiff ' s houses valueless. Plaintiffs have therefore 8 suffered damages herein in excess of the jurisdictional limit 9 of this Court, and in. an amount, to be proven at trial , but in 10 no event in an amount less than One Million Dollars ( $1 ,000 ,000) W 11 per house . o IL12 59 . That as a further di'rect and proximate result of the r O C J CU 13 oow- conduct of Defendants, and each of them, Plaintiffs, and each m -J f V en , 1 ' z Z " 4 of them, have suffered and been deprived of the use and �= 15 enjoyment of their houses , and have lost the value of their 16 houses and their investment therein, and have experienced severe 17 anxiety and concern over the condition and future of their houses 18 j and investment, all to their great upset and emotional distress, 19 inconvenience , and general damage in excess of the jurisdictional 20 'limit of this Court, and in an amount to be proven at trial, but 21 in no event less than Five Hundred Thousand Dollars ( $500 ,000) 22 11 .i per house . 23 24 I _ NINTH CAUSE OF ACTION ( WILFULL MISCONDUCT) As a Ninth, .separate and distinct Cause of Action by all 26 Plaintiffs, and each of them, as against all Defendants, and -28- 000074 1 each of them, and DOES 1 through 500 , inclusive , Plaintiffs 2 allege as follows: 3 60. Plaintiffs reallege and incorporate herein by reference 4 each and every allegation contained in Paragraphs 1 through 5 14 , inclusive , of the foregoing General Allegations, 6 Paragraphs 16 and 17, inclusive , of the First Cause of 7 Action , Paragraph 21 , inclusive , of the Second Cause of 8 Action, Paragraphs 25 through 28 , inclusive , of the Third 9 Cause of Action , Paragraphs 32 through 36 , inclusive , of the 10 Fourth Cause of Action, Paragraphs 40 through 45 , inclusive , 11 of the Fifth Cause of Action, and Paragraphs 49 and 50 , 12 inclusive , of the Sixth Cause of Action, and Paragraph 54 of fox .; 13 . Zio oo _ the Seventh Cause of Action, and 'make them a part of the • + r v � b Z N ; ri = d 14 instant Cause of Action as though fully set forth. 15 61 . In doing the acts as herein alleged, Defendants, and 16 each of them, knew that the building ,y were g , constructing , 17 ! selling , and designing , faulty homes as hereinbefore alleged , 18 + knew that Plaintiffs herein, and each of them, would buy said 19 homes, and further knew that if Plaintiffs bought the aforesaid 20 ' homes, Plaintiffs would be injured thereby. Notwithstanding 21 i said knowledge , Defendants, and each of them, built and sold I 22 1! the houses as herein alleged and did such with an intent i 23 to injure Plaintiffs as hereinbefore set forth. 24 162. In doing the acts as herein alleged , Defendants, and 25 each of them, acted maliciously, wantonly and wilfully and 26 with the. intent to vex, injure and annoy Plaintiffs, and in a • -29- 0000'75 1 manner as described in CCP 53294 . Defendants, and each of 2 them, also exhibited a conscious disregard for the rights and 3 safety of Plaintiffs, and each of them. As such, Plaintiffs 4 are entitled to punitive and exemplary damages .in the sum of 5 Two Million Dollars ( $2 ,000 ,000) per house .as punishment and 6 I example so as to prevent and deter said Defendants and others from engagingin the t e of conduct as herein alleged . 7 I YP 9 B 63., As a direct and proximate result of the Wilfull Misconduct 9 of Defendants, and each of them, Plaintiffs' real property 10 has been damaged in that it has been, is now, and in the . p 11 future continues to be in dangerously unstable conditions, 12 subject to sudden collapse , subsidence , vertical and horizontal o " a 13 movement, cracking', warping , splitting , ,and in need of great J C p . r u n � c5 - 14 structural and internal and external repair, rendering Plaintiff 's � _ : 15 houses valueless. Plaintiffs have therefore suffered damages Z 16 herein in excess of the jurisdictional limit of this Court, 17 and in an amount to be proven at trial , but in no event in an lg I amount less than One Million Dollars ( $1 ,000 ,000) per house. i 19 64 . That as a further direct and proximate result of the 20 ' Wilfull misconduct of Defendants, and each of them, 21 Plaintiffs, and each of them, have been deprived of the use i 22 i and enjoyment of their houses, and have lost the value of their 23 houses and their investment therein, and• have experienced severe 24 anxiety and concern over the condition and future of their houses 2'5 and investment, all to their great upset. and emotional distress, .26 inconvenience ,. and general damage in excess of the jurisdictional -30- 00007 : 1 limit of this Court, and in an amount to be proven at trial , but 2 in no event less than Five Hundred Thousand ($500 ,000) per 3 house, 4 WHEREFORE, Plaintiffs, and each of them, pray judgment 5 against Defendants, as follows: 6 For Plaintiffs' First Cause of Action as against Defendants, 7 ALBERT D. SEENO, JR. , THOMAS A. SEENO, RICHARD B. SEENO, 8 ALBERT A. AFFINITO, SEENO ENTERPRISES, ALBERT D. SEENO 9 CONSTRUCTION CO. , INC. , SEENO BROS. DEVELOPMENT CO. , INC. , 10 ALBERT D. SEENO CONSTRUCTION COMPANY, PURCELL, RHOADES AND 11 ASSOCIATES, and DOES 1 through 375 , inclusive . V op , Q 12 1. For general . and• special damages according to proof, 31 U po 13 but in no event less than $1,500 ,000; J W 0 y n i � u - 14 I 2. For cost of suit herein incurred ; � = 15 3. For such other and further relief as the Court may 16 deem just and proper. 17 For all Plaintiffs ' Second Cause of Action except and 18 excluding Plaintiffs Brian Olton, William T. Schupe , Carolyn 19 and Michael Paul , as against Defendants, MAGNOLI REALTY 20 i COMPANY, and DOES 376 through 390 , inclusive , and for 21 Plaintiff , Brian Olton, as against Defendants, VALLEY REALTY, i 22 MERRILL LYNCH RELOCATION MANAGEMENT, INC. , and DOES 391 t 23 I through 400, inclusive , and for Plaintiff, William T. Schupe , 24 I as against Defendants, RED CARPET REALTORS , REALTY WORLD/KENDALL,, . 25 and DOES 401 through 415 , inclusive , and for Plaintiffs Carolyn 26 I Paul and Michael Paul as against Defendants, ALLIED BROKERS -31- 0000 7 1 REALTORS, and DOES 416 through 425 , inclusive , 2 -1 . For general and special damages according to proof, 3 but in no event less than $1 ,500 ,000; 4 2 . For costs of suit herein incurred; S 3. For such other and further relief as the Court may 6 i deem just and proper. 7 For Plaintiffs' Third Cause of Action as against Defendants, 8 ALBERT D. SEENO, JR. , THOMAS A. SEENO, RICHARD B. SEENO,- 9 ALBERT A. AFFINITO, SEENO ENTERPRISES, ALBERT D. SEENO CONSTRUC- 10 _ TION CO. , INC. , SEENO BROS. DEVELOPMENT CO. , INC. , ALBERT D. 11 SEENO CONSTRUCTION COMPANY, MAGNOLI REALTY COMPANY, VALLEY oirz po : 12 REALTY COMPANY, REALTY WORLD/KENDALL, RED CARPET REALTORS , p W < = u ; 13 Ji $ o MERRILL LYNCH RELOCATION MANAGEMENT, INC. , ALLIED BROKERS W , V . o Z 0% ; = xz 14 REALTORS, and DOES 1 through 375, inclusive , and DOES 376 15 < through 425 , inclusive . a 16 1. For general and special damages according to proof 17 but in no event less than $1 ,500 ,000; 182 . For cost of suit herein incurred ; 19 3 . For such other and further relief as the Court may 20 deem just and proper. 21 For Plaintiffs' Fourth Cause of Action as against Defendants, 22 ALBERT D. SEENO, JR. , THOMAS A. SEENO, RICHARD B. SEENO, 23 ALBERT A. AFFINITO, SEENO ENTERPRISES, ALBERT D. SEENO CONSTRUC- 24 i TION CO. , INC. , SEENO BROS. DEVELOPMENT CO. , INC. , ALBERT D. SEENO CONSTRUCTION COMPANY, and DOES 1 through 300 , inclusive . 26 1. For general and special damages according to proof , • -32- 00007 I 1 but in no event less than $1 ,500 ,000 ; 2 2. For costs of suit herein incurred ; 3 3 . For such other and further relief as the Court may 4 deem just and proper. 5 For Plaintiffs' Fifth, Seventh, and Ninth Causes of Action 6 against Defendants, ALBERT D. SEENO, JR'. , THOMAS A. SEENO, 7 RICHARD B. SEENO, ALBERT A. AFFINITO, SEENO ENTERPRISES, 8 ALBERT D. SEENO CONSTRUCTION CO. , INC. SEENO BROS.. DEVELOPMENT 9 CO. , INC. , ALBERT D. SEENO CONSTRUCTION. COMPANY, MAGNOLI 10 REALTY COMPANY, VALLEY REALTY, REALTY WORLD/ KENDALL, RED W : 11 CARPET REALTORS, MERRILL LYNCH RELOCATION MANAGEMENT, INC. , W < Z � i opo : 12 ALLIED BROKERS REALTORS, -and DOES 1 through 425, inclusive . 7 13 1. For general and special damages according to proof, Juo - W � � � ou _ 14 but in no event less than $1 ,500 ,000 ; = Iz " a 15 ^ ' 2. For cost of suit herein incurred ; 16 3 . For punitive damages in an amount no less than 17 $2,000 ,000 per house; 18 ' 4 . For such other and further relief as the Court may 19 I deem just and proper. 20 For Plaintiffs' Sixth Cause of Action as against Defendants, 21 ALBERT D. SEENO, JR. , THOMAS D. SEENO, RICHARD B. SEENO, I 22 I ALBERT A. AFFINITO, SEENO ENTERPRISES, ALBERT D. SEENO 23 CONSTRUCTION CO. , INC. , SEENO. BROS. DEVELOPMENT CO. , INC. , 24 ALBERT D. SEENO CONSTRUCTION COMPANY, MAGNOLI REALTY, VALLEY �5 REALTY, REALTY WORLD/KENDALL, RED CARPET REALTORS, MERRILL 26 LYNCH RELOCATION MANAGEMENT, INC. , ALLIED BROKERS REALTORS, -33- 0000 0 1 and DOES 1 through 300 , inclusive , DOES 376 through 425, 2 inclusive , and DOES 426 through 450 , inclusive. 3 1. For general and special damages according to proof, 4 but in no event less than $1 ,500,000; 5 2. For costs of suit herein incurred ; 61 3. For such other and further relief as the Court may 7 deem just and proper. B For Plaintiffs' Eighth Cause of Action as against all 9 Defendants, and each of them. 10 _ 1 . For general and special damages according to proof, . a 11 but in no event less than $1 ,500 ,000; W � W Q Z ~ Q12 yO ' . t: . 2. For costs of suit herein incurred ; Q J - I u o 13 $ 3n 3. For such other and further relief as the Court may out 14 1 f „ z deem just and proper. i < 15 DATED: February 1: �, 1984 . I' I 16 LAW.-OFF`IC`ES OF MELVIN M. BELLI , SR. 17 18 19 i 20 I 21 ` i 22 23 24 f - 25 26 AMENDED CLAIM CLAW 4 I Bad ar sar=Ta (r d COMM, C19XF M BOARD ACTION June 19 , 1984 Claim Agairmt the County, Cr District ) onvT '10 aA1N lfP governed by the Board at Supervisors, ) 'lbe Dopy Cz =5 MiFE im to You is Your Routing Z I samennts, Q.3 HU notica of the action taken an Your Claim by the Action. All Section references are ) Board of Oa99411 We baLor), to California Owerneent Codes 1 given pu=suent to cbg—neent Code Section 913 and 915.6. Blease noes all oft~* • Claimant: Allstate/Clive Jennings Attorney: Address: Amount: $7 , 057 . 69 BY delivery to clerk on May, 1984 Date Asceived: May 21 , 1984 By saill, postmarked an I. pKz: Clerk of the-Board of Supervisors 70: County Coarse Attached is a copy of the above-noted Claim. a&4" �,0Dated; May 21 , 1984 J.R. CiS'SCN# Clerk, By6 Deputy II. lin H: Cournty Counsel 70: Clerkof theWardofSuper sors (Check only one) This claim complies substantially with Sections 910 and 910.2a t4 fv ( ) This 4winns th comply substfinWilly 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,, er, s d etu claim an that t was filed late and send warning of claimant's right to apply for leave to predent a late claim (Section 911.3). (�() Other: df>- L Dated: -Z - By: jr.Me"CigDeputy County Counsel III. PKK: Clerk of the Board T0: (1) Coatty Counsel, ) County Administrator was returned an untimel with ice to claimant ion 932.1) Cel z1/2 IV. now oSflett By unanimous vote of Supervisors present ( ) This claim is rejected in full. (X ) Other: Portion of amended claim not previously returned as untimely is reiected in full . certify that this a true and correct copy of the Hoar 's order entered in its minutes for this date. 4eeni DuBois Dated: * 6-19-84 J. R. CIB.9(N, Clerk, By. Deputy Clerk 1l1MW (Oov. Code Section 913) Subject to Certain esoeptians, You have only sin (6) months from the date this notice was personally served cc deposited in the mail .bo file a Court action an this claim. See Code Section 965.6. _ !bu may seek the advice of an attorney of Yong choice in cam- ct3cn with this matter. If You went to consult an attorney, You should do so immediately. V. IKK: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ft notified the claimant of the Board's action an this claim by mailing a Copy of this document, and a servo thereof has been filed and arrdorsed an the Hoard'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 sailed to claimant. _ CAM: 6-19- 84 J. R. C[WWr Clerk, By- . Deputy Clerk cc: County Administrator (2) County Counsel (1) . 0000 CLAIM 41 A115rm District Claim Office 2323 Crow Canyon Road San Ramon,California 94583 I Phone: 415-820-8600 Contra Costa Co���•. RECEIVED + In reply please refer to April 17, 1984 MAY 18 1984 Office of RECEIVED County Administra -Community Service Department MAY .21 1984 Housing and Energy Division J.R. OLSSON OARD OF 2201 Harbor St. Unit D CLERK CONTRA COSTA CQ. VISORS Pittsburg, Ca 94565 By Deputy I i Attention: James Hill Re: Claim Number: 1669933950 G10 Insured: Clive Jennings Date of Loss: 11 24 83 Loss Address: 2320 Belmont Rd Concord, Ca 94520 Dear Mr. Hill: I have enclosed a copy of a letter I sent you on November 30, 1983. The fire department report is in and it does indeed appear that the installation of this insulation was improper and was the cause of the fire. It is my understanding that the insulation was installed by the county as part of a P G & E "weatherization" program. We have paid $7057.69 on this claim and now seek reimbursement from the responsible party. Can you please advise me the steps needed to file our subrogation claim. Very truly yours, Rob Jobe Claim Representative APR 19 1984 aoao8;:� 81 •. ..Ny,. '. .. �`-i..al._.• "`-J ter'f' .. � - .. .-. '. M 166993395--0 t ,. : C7nIm Number. Clive JemAnp . W2 !83 i Date of Lass: Address: 2320 Haltom Road merit Cctrscard, CA- _ 94520 ion ' 565 D tdon of November 29: 1983 .. fj{=,�,Z,. +-telephone C� �t•'the I am n w handling a claim for fa1m damage that in tion �r i `.� [��i neid iM���l,+�.r�7• *ti�}t\ YI �4WM�v��Yr,� y� andy,h at } home �+�� a' � &.E Weatie.u•►ti+�" 111JG�t .. Nt the insulation vias installed In=%OP 117* �� a. is. possible that As you kzxw,. the fire investigation by the ,.tZre:to bree{k out iu the attic. it is rpt canplete yet but I will be obtaining a copy as soon d� --�.. -� -fir•it is.. .- 4_ this letter as entice of oursubro; tioon ri.g�ts in case it Nesse:accept 'that you are responsible for Itpr aper installation of the liaterwineci Sincerely _ •,r,' ': -""Ye�'":'j::v''^.fir �►.r ��-: ., _ - ;:. : . Rob Jobe r- Malm Representative a t, 000083 ww CONTRA COSTA COUNTY CONSOLIDATED FIRE DISTRICT 2010 GEARY ROAD PLEASANT HILL,CALIFORNIA INCIDENT REPORT OCCUPANT NAME RELATIONSHIP YEAR INCIDENT NO. ADDRESS OF INCIDENT CITY PHONE: HOME 0 WORK 0 CONTACT 0 ;-3, o - Co,T�_ •� 665 . ' - OWNER NAME ADDRESS CITY PHONE: HOME 0 WORK 0 CONTACT 0 A. INFORMATION (PAGE 11) FIRE DEPT. I.D. EXP.NO. TIME MONTHDAV YEAR OaY CITY STA.NO ALARM MS A E�ODE. 07090 - t �- � 3 c � U B. INCIDENT. CONDITION. RESULT & CONTROL (PAGE 13) CODE TYPE OF INCIDENT CONSTR DATE CODE CONDITION ON ARRIVAL 1 Pre 72 Post 71 2 CODE RESULT OF ALARM CODE HOW FIRE CONTROLLED 3 4 C. PROPERTY CLASS & TYPE (PAGE IS) p/= Gei�•P-T��'Z, CODE PROPERTY.CLASSIFICATION(INDIVIDUAL) CODE PROPERTY CLASSIFICATION(COMPLEX) 21 Prop. Prop. Bldg. Ext.Wall Int.Wall I Floor/ I Firs 3 M grju Type• No.Stories Y D. ORIGIN, IGNITION & CAUSE (PAGE 37) CODE LEVEL OF ORIGIN CODE AREA OF ORIGIN / o 2 3 CODE TYPE OF MATERIAL FIRST IGNITED 4 CODE FORM OF MATERIAL FIRST IGNITED Liz '� r CODE SOURCE OF HEAT CAUSING IGNITION CODE FORM OF HEAT CAUSING IGNITION 6 - 2v-i► CODE ACT OR OMMISSION CAUSING IGNITION CODE CAUSE OF FIRE [2 16 E. SPREAD (PAGE61) CODE MAIN AVENUE OF FIRE SPREAD 2 CODE TYPE OF MATERIAL CAUSING FIRE SPREAD CODE FORM OF MATERIAL CAUSING FIRE SPREAD CODE ACT OR OMMISSION CAUSING FIRE SPREAD 3 4 CODE MAIN AVENUE OF SMOKE SPREAD 5 F. PROTECTION FACILITIES (PAGE 731 Sprinklers Standpioes Port.Exting. Priv.Brigade Spec.Protect. Signal/Warn.nq System Watchorn Separations TY.. Effect Type Effect Type Effect Type Effect Type Effect Type Effect Activ. Detec. Effect Type Effect Cause of failure a b c d e f g h i j '1 k I I I rn I n o P q r G. RESPONSE & HOSE STREAMS (PAGE BO) STATION APPARATUS STATION HOSE STREAMS AT SCENE Engs. Trks. PW/ Cascade Personnel None W" 1'�r" 2Vr" Mater Hvtl, foam Ch1et PB tner ETank 2 Lines 3 F.D. a b c I d e a b c d e; f g a C d H. LOSS PROPERTY & PERSONS (PAGES 1) Firef,gnter Civ(1(ans CODE LOSS PROPERTY CODE LOSS CONTENTS 1 (niured deaths injured deaths 2 1� . —`� ILI / � O SCM FORM GO-6 SUBMITTED FOR EACH SERIOUS v SU 3 INJURY OR DEATH (CHECK BOX IF YES) F-010(Rev. 9/e1) 000084 1. VEHICLE (PAOX82) CUOE TYPE OF VEHICLE CODE MAKE FUEL/POWER MODEL YEAR LICENSE NO. S A ! I ( I ( 7I K. RESCUE (PAGE 861 CODE TYPE RESCUE 2 CODE RESCUE LOCATION CODE AID PROVIDED PRIOR TO ARRIVAL BY CODE NUMBER OF VICTIMS ' 3 4 5 CODE NO.F.D.PERSONNEL 1N AMBULANCE 6 CODE NO.PARAMEDICS AT SCENE I 17 CODE REASON NO SERVICE GIVEN L. VICTIM DATA (PAGE89) > > ENGINE COMPANY MEMBERS a b c d e f g h i k I m n O Q q r A 2 Q> m a ] C W C W I 2 ! 3 Q Z J z g F N ,L Q m J Q I- ac f ¢ IL 1-- a Oo MEMBER IN AMBULANCE a j a K a 0 p vl W ¢Z Z a ZQ N ] F Z J m 7 2 1- Y Q L O yl m U O O Q ¢ O D 121 O L ¢ ¢ � O h u u 2 Z F I- O Q u Q O IWiI a uF i J a a O W a ] V) W W X OLJ V W J Vt N Q FL.. v% N F I• N 4A . N r Q us 5 a 0 a m I O m a In Q CL I ¢ m VICTIM NAME AGE 2 VICTIM NAME AGE 3 VICTIM NAME AGE I VICTIM NAME AGE 4 M. REMARKS M0C -4//L �/Yt� //lE /.,! ��'Sy.��i7'»i•� Osr' A-i"77G1 /LT�7'J /�^ ftt,'D17ZL en l AUG T �� ,r– /�✓5v�.4 77o-I �LOwiv /,�,7? i}TT1G o.w /l�33�gT�fv.rr,+ O�ci' Gri/�►���.v6 i4G'l�i�T A,t,c�.e-i.✓G �I`Nc rirsy�.*-T7o.✓ Ta Go.✓!Gc /�/T�� GLCss�-" /•�oX/i.+iT`/ T7J T//E` G 1'S �,rCc�7 H�"���� �� /rf��T�� /QiJf-rrr / �.��YJ f� �-►f r�� of ,DUs% T•s/i✓T L"Z Ie 4:70 I ���,"►o�» fi �77'�.��is.�/.-� S.o9��c c�?ii"C /ir�JG't�.>�r7U'� So�.�_ /�,rPar,,,A� i ih'bTL�:' /IrC a.—�s�;�c �o ss.�: G.s✓� Gi.a s cq RED BY SHIFT BATT. "OAPPROVED BYSHIFT BATT. DATE 'J� �i✓S��Ic�ZY� C Naz s e^� � /r/o Ti/�i�G-� U�Uv i/ �� 5 00008 ; ' ALLSTATE INSURANCE COMPANY j DAMAGE ESTIMATE WORK COPY 03/30/84 CLAIM NUMBER: 1669933950 CLAIMANT NUMBER: 01 SUPPLEMENT NUMBER: 01 "LIVE JENNINGS 71320 BELMONT RD CONCORD CA 94520 50ME PHONE: 415 685 5156 I-OSS LOCATION : 2320 BELMONT RD CONCORD CA 94520 PATE OF LOSS: 11 /24/83 CLAIM REP : ROB JOBE DESK LOCATION : G10 * TRADE RECAP 6 ESTIMATE SUMMARY ** SKILLED LABOR UNSKILLED LABOR TOTAL TRADE MATERIAL HOURS DOLLARS HOURS DOLLARS DOLLARS �EAROUT .00 .0 .00 ' 21 .7 520.80 520.80 DECORATING 152.95 10.0 310.00 .0 .00 462.95 DRYWALL 82.93 6.1 195.20 .0 .00 278.13 ELECTRICAL 35.00 8.0 296.00 .0 .00 331 .00 SEATING AND A/C 450.00 12.0 444.00 .0 .00 894.00 INSULATION 378.45 8.7 278.40 .0 .00 656.85 SHEET METAL 6 IRON 134.64 3.7 140.60 3.7 88.80 364.04 COLUMN TOTALS: 1233.97 48.5 1664.20 25.4 609.60 $ 3507.77 ** SUB TOTAL ** $ 3507.77 0/H MAT : 123.40 O/H LABOR : 27.38 OVERHEAD TOTAL: 350.78' PRFT MAT : 61 .70 PRFT LABOR: 113.69 PROFIT TOTAL: 175.39 SALES TAX-MATERIAL: 92.24 ** TOTAL ESTIMATE ** $ 4126.18 ** NET ESTIMATE $ 4126. 18 * MATERIAL COSTS INCLUDE THE COST OF OTHER MATERIAL NECESSARY TO COMPLETE THE OPERATION DESCRIBED a 000080 3SP 244 a AQSTATE INSURANCE COMPANY DAMAGE ESTIMATE WORK COPY 11/30/83 AIM ' NUMBER : 1669933950 CLAIMANT NUMBER: 01 SUPPLEMENT NUMBER: 00 IVE JENNINGS 20 BELMONT RD CONCORD CA 94520 ME •PHONE : 415 685 5156 SS- LOCATION: 2320 BELMONT RD CONCORD CA 94520 TE OF LOSS: 11/4/83 CLAIM REP: ROB JOBE DESK LOCATION : G10 * TRADE RECAP 6 ESTIMATE SUMMARY ** SKILLED LABOR UNSKILLED LABOR TOTAL TRADE MATERIAL HOURS DOLLARS HOURS DOLLARS DOLLARS AROUT .00 .0 .00 .8 19.20 19.20 > EANING 30.00 12.4 372.00 .0 .00 402.00 CORATING 207.54 16.0 480.00 .0 .00 687.54 DISH CARPENTRY 20.29 .0 .00 .0 .00 76.29 > AMING CARPENTRY 21 .85 4.9 142. 10 .0 •.00 163.95 EET METAL IRON 31 .58 .9 33.30 .9 21 .60 86.48 COLUMN TOTALS: 311 .26 34.2 1027.40 1 .7 40.80 $ 1435.46 ** SUB TOTAL * $ 1435.46 OVERHEAD TOTAL: 143.55 PROFIT TOTAL : 71 .77 SALES TAX-MATERIAL: 20.23 * TOTAL ESTIMATE ** $ 1671 .01 LESS DEDUCTIBLE: 50.00 * NET ESTIMATE * $ 1621 .01 4 MATERIAL COSTS INCLUDE THE COST OF OTHER MATERIAL NECESSARY TO COMPLETE THE OPERATION DESCRIBED *** .. r 00008 j 244 � a . no � r � 0 r 0 In+ 0 o V b M ct x o6 o o H O 1 Imo— (Ntq D th (DD O M fa v I F+• N O 0 M O to (D tr 3 (D Ogo W • s v X...- ct A A srt X S Al OI ° h (Dra F+ 1+• G v CL O (A ft n to F-. '� .-► F+• m c rt O to m W N N C Q+ p El n • I O G n rt 0 C0 E`.. rrtj ° v (D=n cat CA 0 6o 3 0 :r (a D " —. !n a W CD O* c N rr C co Q I 0 0 - � d to � Ul w d to 0 W I•r W d N 00 N O O O m 0 Ap - N .. O 01 W F-+ 07 O W F•-� N 1 LIM cm (71 N N l0 O+ W m N F+• 1 O tD L'1 rt Ln w rt to ^+ W Ca I t0 cJ C% N m w C!t O 1 F-1 O O Q rt. N. V R vihs LQ N .. O O o n IJcm O n A Am O O n C y p O w • v cD OUUO •e 7 n FP. N v Q `7 g DATE +S SUEO POLICY NUMBER MONTH DAY YEAR. CLAIM NUMBER IRS C_ i / f(,, - • FILE COPY .00CE9.•-c- INSURED � - u CLAIMANT 7Esr roe. s.K, , i IN 3482434 3 PAYMENT OF �atBAIL, ` i PAY THE ! .- a SUM OF . EXACTLY .. - i U ALLSTATE INSURANCE CC TY CO. AT SIGHTNORTHBROOK PROP--:;! R;`tCECQ. ' PAY THE ORDER/ �NORTHBROOK . OF �NORTHBROOR NON-NEGOTIABLE OATE ISSUED POLICY NUMBER jfAOt4THj DAY YEAR CLAIM NUMBER IRS 431079 i 000-7 FILE COPY INSURED (f L ; CLAIMANT DESK LOC.E+.o LOrl' P 34859622 6 PAYMENT 1 � 6 � of L1 I?�F ;n�. �.n: �:., AllsC�e• L77 PAYTHE .............. SUM OF E%ACTLY ,. U ALLSTATE INSURANCE CO. L_ ..' T=INDEMNITY CO. AT SIGHT (�NORTHBROO:K PROPERTY I+ PAY TO / I� ;5_R;;10E CD. THE ORDER 1,/©�SU mi r'r +- �r��f, ❑NORTHBROOK INDE"�,YIT'f;0 OF �NORTHBROOK AT10%AL CG rvcc .0 CIO NON-NEGOTIABLE '. DATE IssuFn POLICY NUMBER IMONTHI ()I.r Y1:AR CLAIM NUMBER INS 1'4/ %i /:�-i -�• /. /. i`. FILE COPY INSURED J PROCESSING DCO CLAIMANT , II DESK LOC.ENPLO+E I.D. (O/ , IN 34829080 2 PAYMENT ® OF MOM PAY THE ��- /. •,, SUM EXACTLr .. •� .. ALLSTATE INSURANCE.CO. ALLSTATE INDEMNITY CO AT SIGHT Q NORTHBROOK PROPERTY AND CASUALTY INSURANCE CO. PAY to THE ORDER .I �NORTHBROOK INDEMNITY CO. r OF _ �NORTHBROOK NATIONAL INSURANCE CO. 17-3e- NON-NEGOTIABLE, . AMENDED CLAIM CLAIM BOARD OF SUPERVISORS CP OURM COSTA COUNTY, C,ALIFOMA . BOARD AMON Claim Against the County, or District ) NOTICE RO CLAIM" June 19 , 1984 n goverrm-0 by the Board of Supervisors, ) The copy of this document-ma ed to you is your Routing Endorsements, and Board ) notice of the action taken on yam claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Ohio Casualty Group Ins. Co. (Robert .Rigor, Insured) P.O. Box 5126 Attorney: Concord, CA 94524 Address: Amount: $2522 . 10 By delivery to clerk on Date Received: May 25 , 1984 By mail, postmarked on _ May 21 1984 I. FROM: Clerk of the Board ot Supervisors y Counsel Attached is a copy of the above-noted claim. Dated: May 25 , 1984 J.R. OZSSON, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel 70: Clerk of the Board of Supervisors (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. FROM: Clerk of the Board TO: (1) C y Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . � as IV. BOARD OAR 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 D Bois D - � J. R. OZ.SSON, Clerk, By _ lj�,�g= , Deputy Clerk SING (Gov. Cade Section 913) Subject to certain exceptions, you have only six. (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed tp claimant. DATED: 6-19-84 J. R. C SSON, Clerk, By - , Deputy Clerk cc: Canty Administrator (2) County Counsel (1) CLAIM 000091 County Counsel ' �h•t A f4Xf 2 2 1984 —f Ow N�� 1 �Avn Martinez,CA 94553 The Ohio Casualty Group of Insurance Companies CLAIM OFFICE: P.O.Box 5126,Concord,California 94524-Telephone: 415/825.4552 DAVID GERVERS,Claims Manager May 21 , 1984 RECEIVED MAY as 1984 J.R. OLSSON County Administrator CLERK BOARD OF SUPERVISORS Contra Costa County Co RA COSTA CO. Eleventh Floor Py Deputy County Administration^. Building 651 Pine Street, Martinez , California 94533 Attention : Elizabeth B. Hearey, Deputy County Counsel Re : Our Insured : Robert R . Rigor Our File No : OAK-1 AU 84-136285 Date of Loss : 4/09/84 Dear Ms . Hearey: On May 16 , 1984 , we received notification of insufficient information on a claim we presented toyou in our letter of April 26 , 1984 . In response to your query, we provide you with the follow- ing information : 1 ) The claimant , Elizabeth Joan Hills , resides at 301 First Avenue So. , Pacheco , California , 94553 . We have been advised that Ms . Hill 's insurance carrier , Farmers , has totaled out her car and we have an approxi- mate dollar figure of $1 ,950 .50 which in the near future will be confirmed to us in writing with specific documen- tation to substantiate the loss . It is quite possible also , that Ms . Hill has had some bodily injury due to this accident , but at this time , it is unconfirmed . Also , our insured , Robert R . Rigor , who resides at 1804 Lynwood Drive , Concord , California , 94519 , has sustained damage to his vehicle. At this time ; we have an approxi- mate dollar amount of $571 .60 . Please note that the above is an approximte because there is possible axle damage which we have not been able to determine at this point . The Ohio Casualty Insurance Company- West American Insurance Company-American Fire & Casualty Company The Ohio Life Insurance Company- Ohio Security Insurance.Company - Ocasco Budget, Inc. O(l O(� 1�� TO Elizabeth B. H e a r e y FRoa THE OHIO C"UALTT Gaovr PAGE 2 Deputy County Counsel 2 ) Per your query, please direct all correspondence to my attention , Pamela S. Smith , at Ohio Casualty Group , Claims Office , P. 0. Box 5126 , Concord , California , 94524 . We have tried to reach you over the phone but .unfortunately you were away from your desk so we left a message. Please . contact me at your earliest convenience so that we may dis- cuss this matter . 1.nc ely yours , amela S. Smith PSS : sep cc : HO OAK Adjuster The Ohio Casualty Insurance Company-American Fire&Casualty Company-West American Insurance Company 000093 The Ohio Life Insurance Company-Ohio Security Insurance Company-Ocasco Budget,Inc. AMENDED CLAIM C[AW BOARD OF SOPERVISM OF CONTRA COS'T'A COUNTY, CALIlOINIA . BOARD AMON Claim Against the County, or District ) INCE TO CZAIMM" June 19 , 1984 ' governed by the Board of Supervisors, ) The copy of—Ms s document.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 ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all 'Warniy Counsel Claimant: Arthur Reinstein 2 4 1984 tdl NY Attorney: Brian D. Thiessen CA 94553 Thiessen, Gagen & McCoy �a�inez, Address: P.O. Box 218 Danville, CA 94526 Amount: $8 , 000. 00 By delivery to clerk on Date Received: May 21 , 1984 By mail, postmarked on May 17 , 1984 I. FRCM: Clerk of the Board or Supervisors County Counsel Attached is a copy of the above-noted claim. Dated: May 21 , 1984 J.R. OLSSON, Clerk, By Deputy Tn1PnP Rawara II. FRom: County Counsel T0: Clerk of the Board of Supervisors '� (Che on������ ,gge�e) V ) This^c`� iYn`c$nplies .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: —_?S - V By: ti ,�„�� Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD eft 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. • eni Du cis Dated: 6-19-g a J. R. OZ.SSON, Clerk, By,,,,i,= ;2! � , Deputy Clerk MRMU aG (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 6-1 9-84 J. R. OI.SSON, Clerk, By - , Deputy Clerk cc: County Administrator (2) County Counsel (1) :a 0000011 CLAIM -C-y11IM TO; BOAI '"IF SUPERVISORS OF CONTRA '"PA COUNTY Instructions to Claima� 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 filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end Et'this form. RE: Claim by ) Reserved for Clerk' s filing stamps . ' RECEIVED 11 }titer no • ���ni r_ ) Against the COUNTY OF CONTRA COSTA) MAYS 1984 or DISTRICT) J•CLEIRK Ra� RVI SQ (Fill in name) tooi TA U.1The undersigned claimant hereby makes claim against the County of Conta sum or the above-named District in the suof $ S interest at tKie nnn & 1,- 1 ,1 and in support of this claim. repres.ents as follows : --=------------------------------- 1. when did the damage or injury occur? (Give exact date and hour) Continuing damage through this date. -...------� T---------------r-�-------',----•�--•---------------r-------county----- . Where did the damage oinjury occur? (Includeecity and ) The damage has occurred and continues to occur on Highland Road, victorine Road and Manning load as to the portions of my property that are located in Contra Costa Ommty; also along Tassajara, Carnal and•Marciel Roads. 3. flow aim the dan`:age or iniury occur? (Give full details, use extra sheets if required) The damage occurs as a result of road spraying by the Department of Public Works. The weed control spray kills grass and weeds before they grow to the surface, and hence there are insufficient roots to prevent soil erosion. When the soil erodes, the fence posts fall down, thereby causing the loss of fencing .in the area described in question number 2. 4. What-particular act or omission on the part of county or distzict officers , servants or employees caused. the injury or damage? Workers responsible for County weed control under the supervision of Jim Baugh, of the County Public Works Department, continue to spray the Claimant's property improperly. Art Reinstein has repeatedly notified (SEE ATTACHMENT) OOOO95r) Claim by ARTHUR REINSTM against the COUNTY OAF a*mA COSTA AttacbmBnt 4. Mat particular act or omission on the part of county or district officers, servants dr euployees caused the injury or damage: (Oontinued) : the county in order to spray when the weeds are high in order to develop the root systems necessary to prevent soil erosion. Jim Baugh says he has instructed his crew not to spray until weeds are fairly high, nevertheless, spraying has continued in the same areas where fences are being lost. 0011090 5. What are the names ( county or district office servants or employees causing the damage or injury? Claimant does not know the names Qf ttw persons working for Public Wbrks who are in charge of & responsible for the weed control spraying but there are several folks. 67 t�liat damage or Injuries do you claim resulted? ZGive full extent of injuries or damages claimed. . Attach two estimates for nutc damage) One mile of fencing is worth a minim;n 'of $8,000 'and this damage continues each year. 7. How was the amount claimed above computed? (Include the estimated - amount of any prospective injury or damage. ) .Inst fencing is eoctputed based on inquiry estimes to suppliers who sell fencing such as Orchard Supply Hard- ware store at 7884 Dublin Boulevard, Dublin, Alameda County;_estimte replacement costs of at least $3,500 for_material plus_labor;approximately $1.50 per foot total. 8. Names and addresses or witnesses, doctors and-hospitals. Witnesses to the problem include : Peter Banke, 1563 De Soto Way, Li,�,rermore, Ca. 94550 Henry Bettencourt, 9055 Highland Road, Livermore, Cs. 94550 John Leonardini, 2001 Victorine Fuad, Livermore, Ca. 94550 Vera Reinstein, 8100 Carneal, Livermore, Ca. 94550 ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM _ A.'•IOUNT At this point in time, it would be • futile to make expenditures to. replace the fencing because the spraying that is causing the damage is continuing. Govt. Code Sec. 910.2 provides : "The claim sicned by the claiman, SEND NOTICES TO: (Attorney) or by some .erson on his behalf. ' Name and Address of Attorney BRIAN D. THIESSEN Claimant' s Signature THIESSEN, GAGEN & MCCOY D_n_ OMM 1105 A Professional Corporation Address 279 Front St. , P.O. BOX 218 T.iyrArmnrP _ rA 44SSn Danville, CA 94526 Telephone No. (415) 837-0585 Telephone No. r41S1 449-s-YI6 rrrrrrr*rr*rr*r#*rr***r*r**rr***�►**rr*rrr***rrrrrrrrr*rrrrwrr*r*rrr***+�*�►• 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, vouches or writing, is guilty of a felony. " 00009'7