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HomeMy WebLinkAboutMINUTES - 04161985 - 1.13 /3 AMENDED CLAIM CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA as the BOARD OF COMMISSIONERS of the HOUSING AUTHORITY BOARD ACTION of the COUNTY of CONTRA COSTA April 16, 1985 Claim Against the County, or District ) NOTICE TO CLAIMANT governed by the Board of Supervisors, ) The copy of this document mailed 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 "Warnings". Claimant: James Kain and Dan Monahan CoIl;�ty Counsel Attorney: G4AR 2 1 1985 Address: 1596 west street - Concord, CA 94521 Martinez,CA 94553 Amount: $3,925.00 By delivery to clerk on Date Received: March 20, 1985 By mail, postmarked on March 13, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-.noted claim. Dated: March 20, 1985 PHIL BATCHELOR, Clerk, By (�,�,Y. ac.n . Deputy 1- II. FROM: County Counsel TO: Clerk of the Board of Super sors (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). (k ) Other: d rAa r Q c✓� Ccn lei Dated: By: 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 ORDER Pop animous vote of Supervisors present P,4,Corr C>4 This claieis 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. Dated: PHIL BATCHELOR, Clerk, By �,�, d , Deputy Clerk WARNING (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 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to pre ant a late claim was mailed to claimant. DAT®: /l��S' PHIL BATCHELOR, Clerk, By o , Deputy Clerk J cc: County Administrator (2) County Counsel (1) CLAIM CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions *Lo Claimant A. Claims relating to causes .of action for death or for injury to person or to personal property or, growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be. presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine . Street, Martinez, CA 94553 (or mail to P.O. Box 911, Martinez',* CA) , 'C. If claim is against a district governed by. the Board of Supervisors", rather than the County, the name of the District should be filled in. . D. If the claim is against more than- one public entity, separate• claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, . Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps Jit w4S Q iti' RECEIVED Against the COUNTY OF CONTRA' COSTA) 14AR=,1985 Or ���� DISTRICT) PHIL BATCHELOR -'� LERK BOARD OF SUPERVISORS —7--(Fill In name) ) CO DA COS O B .. D, ui The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 3 9z s and in support of this claim represents as follows: - -- - - -- -•------------------------------------=------- 1-.--Wh-en--d-id-th-e--damage-------or--i.njury occur? (Give exact date and hour) 2 -Where did the damage or injury occur? ((Include ci_.rt�y and county) °2 3 Ar IX ✓! W-t y 41-r% uc ,f C�iwCti, �-c / - - - -- ----------- -------------- ---- - ---------------------------- ---- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) / 5 a '-tlorit �� -vS� / ro,1 �ra�f Tcua �u� s r o y1s`= y, aevcl 3c 't P-CS I ------------=-. What parti-cu--la--r--a-ct--o-r--o-m-is--s-i-o-n-o-n--t-h-e-p--a=rt-o-f--co--unty--or--d-i-t-r-ict --- officers, servants or employees caused the injury or damage? •� . va,�"�/ l a/31��y • (over) . 5. What are the names of county or district _officers, servants or ' employees causing the damage or injury? - -- - -- ------------------------------------------------------- 6-.--Wh-at-da-mage-----or--injuri,es do you claim resulted? (Give full extent of injuries or da ages claimed. Attach two estimates for auto damage) .02 .� ✓�,n y /5�.�,/Wx " cid i f 6�l1� r-e : cpq wtu��X s a d 95� 7 . -----H-- ow--was-----the----amount------------,claimed---above------------computed?----------(Include----the-----------estimated-- amount of any prospective injury or damage. ) a � d- 3 u 9 s � � S est Cl#CLI" , - - - =------------------- 8-.--N-ames- ---and----addresses----------o-f--w-itne-sses--------,--doctors. and hospitals-.------------- Ti M Ka ;OJ l s yE tclps S:y c- c oc oP 9 y Sz. / P14C l a JaM 17 f° rl�o'1� Cotit u� St�r� Avv i73 9 LyNw� �, Cc.�t =��..0 1 5-X i ------------------------------.------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the clairhant SEND NOTICES TO: (Attorney) or b ome person on his .behalf. " Name and Address of Attorney L Claimant's Signature S �; 9 G (,?,&!-7 7'-- _. - address Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, .with intent to defraud, presents for allowance or for payment to any state boards or officer, or to any county, town, city , district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, -voucher, or writing, is guilty of a felony. " .. ,. F1F OP0,1 rAL and CONTRACT Date �1l-� 919S � . TO _� Cr,•� ` ,stn.. •� Dear Sir. - �\ propose to furnish all materials and perform all labor n(e`cessary to complete the�fo�llloo�wing: (, 2j� .^�� P� _:1.1:\ .�.: \•:�n— 1` ! ('��� ".� � i �m �4 d- (1 v �--� 1Y111' �.i'. .7`.6 ^yam c� Gt -T-,Wm �`�'�tom•C1 `� �b J `I`.,�,�n,.i r�, �(�./�1� �..-.-. c..S-�JLu� �\'�.4 ��.Q (L-�► �`•tiF-V.�" ":„_•_ 1 � • r. rN nk CC�y r,--t� . �-;e w-_ �:^•a.�`-Lrn o r, n O cl`'7101 iC��n. tl �r S l_r, 6 , . All of�the�above work to bbe- ompleted in.a substantial and workmanlike manner according to standard practices for the .r 1 !-t - ! h u �"+•e-i�� U , �_.� `—.,��,r_ �!-�/--^�' _ Doilars($,-a) �`� ) o Sul Ii u. Progress payments to be made O Q O T. '��' ->< �Ci,� �✓�+� �,. as the work progresses to the value of per cent(_(n C� 4b)of an work completed.The entire amount of contract to be paid within X A^tN rA C,- .^�a " hays after completion-_ -:--: -' Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed ' upon written orders for same,and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. Name and Registration Number of any salesperson who Respectfully submitted, solicited or negotiated this contract: By L-C Name "Y1 �frr ice, `t-�Y'ti!�N�Plo-4{C(aS Contractors are required by law to be licensed Ad sSj and regulated by the Contractor's State License �^� Te ep one t Board. Any questions concerning a contractor may Contractor's State License No. be referred to the registrar of the board whose f address is: You, the buyer, may cancel this transaction at I Cent-actor's Statim License Board, any time prior to midnight of the third business day I 1020 N Street, after the date of this transaction. Sacramento,California 95814. .ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal,for which agree to pay theamount mentioned in said proposal, and according to the terms thereof. ACCEPTED ` Date .19 ' NOTICE TO OWNER Under the Mechanics' Lien Law, any contractor, ment or a modification thereof, in the office of the county subcontractor, laborer, materialman or other person who recorder of the county where the property is situated and helps to improve your property and is not paid for his labor, requiring that a contractor's payment bond be recorded in services or material, has a right to enforce .his.claim such office. Said bond shall be in an amount not less than against your property. fifty percent (50%) of the contract price and shall, in i addition to any conditions for the performance of the 1 Under the law,you may protect yourself against such contract, be conditioned for the payment in full of the claims by filing, before commencing such work of claims of all persons furnishing labor,services,equipment improvement,an original contract for the work of improve- or materials for the work described in said contract. AICO FORM NO.55-037-CALIF. m taw p (� fL( o v-f-w 2ir 7 l ��+ �� e a r � �,p-e�' c� Tra f/J /^ ,,/ dlt� C Qlt�$y f C. S" �illWc 1.2 ,Z34 / 'Tt Ica 41 RECEIVED 1a 1 ��vt rx /�. h � MAR F 1985 N1 t W EIOR K#OAR 5U RS CONT CO rr%ur-u*AL ana uUm BRACT M -y Date 1 ko ,19 TO Dear Sir;::!�—Cj �L` Q� (��!propose to furnish all materials and perform all labor necessary ytto`complete the following: �` � ' e �, n `� ty'.G^•n r,1[����.�,1.:,..�i.p t �,^.�`�1 Z t%i./�)L�i�� G� (' �C7 � ,,l(- -�n (\�Y ` �Ti-� Q T A,v��_n y^•Alv`1�n4 f;11C�t� �U `K.Li'n ,rl �r-T_RTr �y All offtthe above work to be ompleted in a subsP%ntial and workmanlike manner according to standard practices for the sum of 1 rl 42 �— 1 �fu ri�1 �! (�_.� —�.��-,= c�c� ��i Doilais($ .•C?`� �s t� Progress payments to be made 1 OCD c_7 -_T .- `' as the work progresses to the value of per cent t_JCLQ_%)of all work completed.The entire amount of contract to be paid withinCxw,C\ .x Crr��;�Q� " days after completion Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same,and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. Name and Registration Number of any salesperson who Respectfully submitted, solicited or negotiated this contract: By �('lX�c�� "i - _nen Name Contractors are required by law to be licensed ) c and regulated by the Contractor's State LiE'ense 9=,1S`s- Tel phone Board. Any questions concerning a contractor may Contractor's State License No. be referred to the tegistrar of the board whose address is: You, the buyer, may cancel this transaction at Contractor's State License Board, any time prior to midnight of the third business day 1020 N Street, after the date of this transaction. Sacramento.California 95814 ,ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the.work mentioned in the above proposal,for which agree to pay the amount mentioned in said proposal, and according to the terms thereof. ACCEPTED o Date ;19 NOTICE TO OWNER Under the Mechanics' Lien Law, any contractor, ment or a modification thereof,in the office of the county subcontractor, laborer,materiatman or other person who recorder of the county where the property is situated and helps to improve your property and is not paid for his labor, requiring that a contractor's payment bond be recorded in services or material, has a right to enforce his claim such office, Said bond shall be in an amount not less than against your property. fifty percent (50%) of the contract price and shall, in addition to any conditions for the performance of the Under the law,you may protect yourself against such contract, be conditioned for the payment in full of the claims by filing, before commencing such work of claims of all persons furnishing labor,services,equipment improvement,an original contract for the work of improve- or materials for the work described in said contract. AICO FORM NO.55037-CALIF. PRINTED IN us^ NOTICE OF TNSUFFTCTENCY 0,Y TO: Jim Kain & Dan Monahan 1596 West Street Concord CA 94521 Ciailli of Jim Kain & Dan Monahan Please Take Notice -)s follo%-.1st The claim you presented against the County of Contra Cosa or District governed by the Board of Supervisors fails to cor-.iply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise :1.1i,;ufricent dor the. reasons checked below: 1 . The claim fail.,; to Hj,-� and )o!-,t office address of the claimaint- 2. Tho- clairn Fai]s to st,)L.- t-hroff,icc, a(ldress to ""hich the person presentingthe desires notices to J,e, sent. x 3. The claim fails to state the date, place or other circum- stances of the occurrence or ty-�Illsactioll which gave rise to the claim a.5s--,rLcd. 4. The claim fail:; to sttttc the na2il,,,(s) of t )(--- public employee(s) n,I thk- injll-y, dapi'llIc" 01, if known. 5. The Claim fails the iiiwjLint r,jaiined a^ of the data C.-,- L.1 oil, the C'::Lililctterd amount of any prospocLive injury, damage, or lof-,s so far as known, or the basis of computation of the amount- claimed. —----- G. The claim is not signcd by the claimant or by some person on his behalf. x 7. Other: Attachments referenced in claim were not attached. Vw!tw j. v)c,:ivmAPj Count,,, COLIFISel '-PL 'D C-pu' �ounty Counsel /1, Plkl'4 LY v B CERTIFICATE OF SE-RVICE BY H A!L 'C.C.P. 5� (jl2 1013a, 2015.5; Evid.C. k I y5641, 664) My business address is the County Counsel's Office of Contra Costa County, Co.Admin.Blly P.O. Box 69, Martinez, California 94553, and I am a citizen of thy'_ United ovtrr 1,�, year-,; of ago, emp)Ioycd ill Contra Costa County, ,and not a prii-iy h) Lhi� z.ict_ir)n. T served a true copy of this Notice of Insufficiency anI/or. Pion-Acceptance of Claim by placing iL in an (-jiveloeto(r;) addres:;(,da.�- shown above. (which is/aro.place(s) having deijvk2ry sjcrvict-.- by U.S. 11;i1.) , which envelope(s) was "hen sealed and postac!e fully prepaid thereon, and thereafter was, on this day deposited in the U.S. mail. at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foreaoinq is true and correct. Dated: at !Iiartinez, California. cc; Clerk of the Board ot. Supervisor. Administrator (NOTICE OF INSUFFTCIENCY Or GOVT. C. 5!;910, 910.2, 910.4 , 910.(3) CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions -.ro Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be. ' presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, Coun y ministration Building, 65 Pine Street, Martinez, CA 94553 (.or mail to P.O. Box 911, Martinez', -CA) , 'C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be tilled in. . D. If the claim is against more than" one public entity, separate• claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk' s filing stamps ) RECEIVED Against the COUNTY OF CONTRA- COSTA) Fi ,a }f, 4 r X77 t� ) or ar mon ,- /, _ DISTRICT) rHKGATCMELOn 'ill in name Rx BOARD OfSUPEAWSORS TRA COSTA CO. 8 CO . Deputy The undersigned claimant hereby i.iakes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ----------------------=-------------------------------------------------- 1. When did the damage or ._Lnjury occur? (Give exact date and hour) SST G lei y .---------•--T- -- --------•--------------------------------------'•---------- 2. Where did/�/��the"damage or in�j/}ury occur? (Include city and ccounty) 2 c7 i 1 fl v�- �q y / I �O c / y -- - - - - -- -- - - 3. row did the damage or injury occur? (Give full details, extra s'he�e`ts if required), Tom/ DGL _ l L�®P v /fi� 7Z, m�t/, /Lp-,t Xp q-f e ------------------------------------------------------------------------- 4. What particular act or emission on the part of county or district officers, servants or employees caused the injury or damage? . F41 (over) . 5. -What` are the names of county or district officers, servants or employees/ causing the damage or injury? - - - - ---------------•---------------------------- - --------------- 6.--W-h-at-damag-----e or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach} two estimates for auto damage) s'.e x q 7'�a c�(e W,*/� q cCeor c�� w�Q .J i r-� 5la sf y. w i Al Uwar — / T/ 4& ------------------------------------------------------------------------- 7. How was the amount claimect above computed? (Include the estim ted _ amount of an prospective injury or damage. ) 8. Names and addresses of-wif:nesses, doctors and hospitals. i ------------------------------•------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE_ ITEM AMOUNT /�y/� s ao��q �r ; E Xo` 5 Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by somepersonQ4,his be alf. " !ON / O A N Name and Address of Attorney C aimant' S ' ature /s' 6 7` 51` Address Telephone. No. Telephone No. 75 3 5 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city . district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, 'voucher, or writing, is guilty of a felony. " AMENDED CLAIM CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District, ) NOTICE TO CLAIMANT April 16, 1985 governed by the Board of Supervisors, ) The copy oft s document mailed 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 "Warnings". Claimant: Lee Eller ,;aanty Counsel 15 Crown Court Attorney: Orinda, CA 94563 MAR 18 1985 Address: lartinez,CA 94553 Via County Counsel Amount: $49.00 By delivery to clerk on March 15, 1985 Date Received: March 15, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 15, 1985 PHIL BATCHELOR, Clerk, By Deputy *71e;i4-Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (7�) 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: _ , q - By: 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 ORDER By unanimous vote of Supervisors present (>< This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy f the ard's Order entered in its minutes for this date. Dated: /�_j'� PHIL BATCHELOR, Clerk, By ' , Deputy Clerk WARNING (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 9115.6. 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 leav to present a late claim was mailed to claimant. DATED: /�-�' PHIL BATCHELOR, Clerk, By o , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM IE D d CLAIM TO: BOARD OF SUPERVISORS OF CONTRA_'JOSTAOUNT MA� � -1985 :Instructions •,:o Claimant PHIL BATCHELOR c'ERK 80ARD Of UAERVISO A. Claims' relating to causes of action for .death or for _n r person or to personal property' or growing crops must not later than the 100th day after the accrual of the c? of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the .cause of action. (Sec. . 911.2, Govt. Code) . B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 945'53 (.or mail to P.O. Box 911, Martinez, .CA) . C. If claim is against a district governed by- the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. ************************************************************************ RE: Claim by )Reserved forfiling stamps Yprg. Leegc-I leer- RFCEWED 16 Crown CV Orinrla. ) _ ) Against the COUNTY OF CONTRA COSTA) or _ DISTRICT) C, KtfDAF""a`r'H``°p nC G:SUPFwlS?RS Fill in name) Cv v , The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 10 .op and in support of this claim represents as follows: 1. When did the damage or ury _q u (Give exact date and hour Sanua.r4 a,a , IgSS ----T- -------' --- T'-T----------------------------------------- �.--Where did the damage or--injury occur? (Include city and county) 1 v y Drive b•eu_ree� A rck*i+h a.ncl bro wn C , O r i n cta, �-o n ^c1- �'�. Oz. - ----...--------------------------------------T------------T--------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) To :s¢r utee 4 he- se-Y• 11,rte, Ito I' had -t& . JLu.,p -the MOLA holes <.cvc-V•'• 1n t v 4 'Dr. ——————————--—T ---------------T------------------------ 4. —T———---——————--—————————————--T—--••————— 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? `the &u.r�t4 row md4 een Q yiy_ de_�"tmp t (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? ------------------------'----�--- ---- 6. What damage or injuries do you claim resulted. (Give full extent of injuries or damages claimed. Attach two estimates for auto damage? Fina.nclo-I Qx pense one, hod' kour labor -�o r- Hqd ra- - -�_( us h 1 ec.�.rn . 7.- How-was the amount ciaimed above computed? (Include the estimated amount of any prospective injury or damage. ) Jro---'l wzjl a �A.on Par hour ------------------------------------------------------------------------- 8. Names and addresses of witnesses , doctors and hospitals. Scod(" Q na 61 e-ve -eram I ►.- In -----L-i-----------------------u----made---on---------account---of---this--------accident-----or---in '-�-ury- - 9. e*±Y}*�+*�e8-,ya ITEM AMOUNT i 1 _ .- Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney —) ' - 1S44-0, laimant' s gnatu e Add 9�45G3 Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment .to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account , voucher, or writing, is guilty of a felony. " THIS IS YOUR INVOICE ROM 'CONCORD WALNUTCREEK t�00TER PHONE 798 2122 PHONE 939 3100 T 20035 ROTO-ROOTER SEWER SERVICE • SEWER AND DRAIN CLEANING ELECTRICALLY • SEPTIC TANKS PUMPED-ALSO INSTALLED ANTIOCH-PITTSBURG AREA PHONE • SEWERS.STORM i YARD DRAINS INSTALLED 439.9100 OFFICE • RADIO-DISPATCHED SERVICE 195 MASON CIRCLE CONCORD, CA. 94520 TERMS: NET CASH DATE rlanlary 22-73- 1945 i NAME t__ Fllpr 376-64V ADDRESS 15 Crus Ct_, Orinda. CA 94563 JOB OVERHEAD CHARGE,OPERATOR 1ST HOUR MINIMUM MACHINE ROYALTY i INSURANCE ADDITIONAL TIME 344 SEPTIC TANK PUMPING 15T LOAD 2ND LOAD Lbdm-f - 2hrs_ N $91 HY&a-f lusted seer r 1 im f BI- Nate* had tn din lIt Over, i rlPAwd r1oole I saj= line I' 1 clean ait at bot- -trrnFYf hi l l to maaho l e at I o OPERATOR N T . TOTAL CASH CHECK CHARGE DATE TO BE PAID Work 'performed as authorized by Owner by telephale. j CUSTOMER'S SIGNATURE If not paid by 10th o1 month following dote as indicated above o service charge of 114%per month will be charged on overdue accounts.which is 18%annually.In case suit be commenced to enforce payment o1 any sum due under said invoice•purchaser ogrees to pay feosonobie attorney fees to be fixed by court. �s CLAfkv O: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions -�,o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 (or mail to P.O. Box 911, Martinez, _CA) , C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity; separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clprk'A filing stamps Lae 'E711e.r- RFCFIVED 16 ra t un L. -Onncla. ) Against the COUNTY OF CONTRA COSTA) �E= ;Lb 1295 FHII C.ATCHELOR or _ DISTRICT) (k)AAOG;SUPE14w,Oas (Fill in name) ) c�l:Tk STAGv. evoNly The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 14q .on and in support of this claim represents as follows: ------------------------------------------------------------------------ d l. When did the amage or injury occur? (Give exact date and hour) J_anua..r4 as , 1986 ------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) i v y rt ue. i:)eu_xop� a rct'L+h a.rx�4 L° ra U-)VA C-t. D r t'h�a, �nt►�o., �sta� �, ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) Tos¢r u6e e 4 hP- sewer 1 t'ne, I -to ileo-ten- Ka.d ,'te alta ULP -the maar� Note- c oup, In Ivo 'Dr, ------------------------------------------------------------------------ 4. What particular act or omission on the part .of county or district officers, servants or employees caused the injury or damage? The !D uyl t'l re_)CO ria►6ten Q ve c apoJ_Trne t (over) 5. What are the names of county or district officers, servants- or employees causing the damage or injury? ---------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. * Attach two estimates for auto damage) Finaneja-I cx pence �`� r off' hour Ian v 4r qa a � l us h -team . -- ----------------------------------------------=------------------- --H 7. ow was the amount claimed above computed? (Include the estimated--- amount of any prospective injury or damage. ) �{�{c�ra.-�'l ush � �g•cb � hour ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Scoff ctnc 61e-,VP, orn oho tom. J).n 61e-,VP, 9. Li enr�i�t��es-,you :made on account of this accident or injury: M`1 { ITEM AMOUNT F i Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Claimant' s Signature Address . . . . . . . . . . . . . . . . Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, ,bill, account, voucher, or writing, is guilty of a felony. " THIS IS YOUR INVOICE CONCORD WALNUT CREEK v .I � PHONE 798-2122 PHONE 939-3100 T 20935 21 ROTO-ROOTER SEWER SERVICE 3 - • SEWER AND DRAIN CLEANING ELECTRICALLY ANTIOCH-PITTSBURG LM • SEPTIC TANKS PUMPED.ALSO INSTALLED AREA PHONE • SEWERS,STORM i YARD DRAINS INSTALLED 439-9100 - OFFICE 0 RADIO-DISPATCHED SERVICE 195 MASON CIRCLE CONCORD, CA. 94520 _._. TERMS: NET CASH DATE Jan lary 22-71. 19ffi NAME ]-- F1 ler 376-6442 a ADDRESS 15 Dibiifl Ct.. Oritda, A 945t3 JOB Y OVERHEAD CHARGE,OPERATOR 1ST HOUR - I MINIMUM .I MACHINE ROYALTY 8 INSURANCE ADDITIONAL TIME SEPTIC TANK PUMPING 1ST LOAD 2NDLOAD I bra-f h- - _Widra-flushed sewer lime frau manhole in 751_ Nclp,- bad tri rliq lo manhole as it had been DavW over. Cimnlw r1olacied sewer line fmm 61' 1 clean olit at bot- toMeof_� --casted 2. l402.44— OPERATOR N T TOTAL ..I CASH CHECK CHARGE DATE TO BE PAID !)!" 7z Work performed as authorized by mw by teleptay. !!! CUSTOMER'S SIGNATURE If not paid by IDth of month following date as indicated above a service charge of 1'/2%per month wilAced on overdue accounts,which is 18%annually. In case suit be commenced to enforce payment of any su said invoice,purchaser agrees to pay reasonable attorney fees to be fixed by court. ?� ®s r AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTIN Claim Against the County, or District ) NOTICE TO CLAIMANT April 16, 1985 governed by the Board of Supervisors, ) The copy of- s document mailed 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 "Warnings". Claimant: Kathleen Lockwood COuntY Counsel Attorney: Pieter K. Williams MAR 2 6 1985 P.O. Box 1577 Martine Address: Pittsburg, CA 94565-0157 �Z,CA 94553 F$offi county Counsel Amount: $1,000,000.00 By delivery to clerk on March 25, 1985 Date Received: March 25, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above--noted claim. n Dated: March 26, 198 PHIL BATCHELOR, Clerk, By �N, l�p u Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( �c) 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: 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 ORDERn 1By unanimous vote of Supervisors present C>4 This claieis 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. Dated: PHIL BATCHELOR, Clerk, By a , Deputy Clerk WARNING (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: rC-1FS_ PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM I PIETER K. WILLIAMS Attorney at Law 2 1901 Railroad Avenue P.O. Box 1577 3 Pittsburg, CA 94565-0.157 �������� Telephone : (415) 432-6456 4 ,I'%7. ds, Attorney for Claimant: 5 PHIL BATCHELOR CLERK BOP$D Oi BVEW!.OR; 6 By na ..:.C . De"'M 7 8 In re the Claim of: ) SUPPLEMENT TO CLAIM FOR DAMAGES PURSUANT TO GOVERNMENT CODE 9 KATHLEEN LOCKWOOD, ) SECTION 910-911. 2 10 Claimant. ) 11 12 TO: THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA: 13 The following is further circumstances arising from the 14 occurrence that gave rise to the claim received on March 5 , 1985 : 15 The event complained of is the striking of KATHLEEN LOCKWOOD 16 by SGT. DYER during the entry of the LOCKWOOD residence to search 17 for DENNIS LOCKWOOD. 1$ DATED: March 19, 1985 'A I 19 vV PIETER K. WILLIAMS 20 Attorney for Claimant 21 22 23 24 25 26 27 28 /// 1 PIETER K. WILLIAMS RECEIVED Attorney at Law 2 1901 Railroad Avenue ��pp P.O. Box 1577 MAR S 1%5 3 Pittsburg, CA 94565-0157 Telephone: (415) 432-6456 eo Usa�Loe 4 eco. Attorney for Claimant 5 6 7 In re the Claim of: ) CLAIM FOR DAMAGES GOVERNMENT CODE Sections 6 KATHLEEN LOCKWOOD, ) 910-911. 2 9 Claimant. ) 10 > 11 TO: THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA: 12 YOU ARE HEREBY NOTIFIED that KATHLEEN LOCKWOOD, whose mailing 13 address is Post Office Box 1577 , Pittsburg, California 94565, 14 Claims damages from the County of Contra Costa, State of California, 15 in the amount of $1, 000,000. 00. 16 THIS CLAIM is based. upon damages to personal. reputation, 17 earnings, privacy, health and well being suffered by Claimant 18 on or about December 19 , 1984 , and continuing to the present, under 19 the following circumstances: 20 Battery, slander, libel , abuse of process, filing false 21 police report in connection with the actions at her house on 22 or about December 19, 1984, and in police report 84-5856 . 23 The identity of the agents and employees who are known 24 to claimant and responsible for the aforesaid damages are as 25 follows: 26 1. COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA; 27 2 . DEPUTY B. OLSON, #34592 , Deputy Sheriff; 28 3. SGT. K. DYERS , #13410, Deputy Sheriff. -1- 1 The damages sustained by Claimant amount, to $1,000,000. 00. 2 All notices of other communications with regard to this 3 claim should be sent to PIETER K. WILLIAMS, P.O. Box 1577 , 4 Pittsburg; California 94565-0157. 5 DATED: February 28, 19.85 6 KATHLE LO WO D, Claimant 7 PIETER K. WILLIAMS 10 Attorney for Claimant 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- /3 r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 16, 1985 governed by the Board of Supervisors, ) The copy oft s ooument led to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Cyd Primavera 3058 Del Hombre Lane Attorney: Walnut Creek, CA 94596 Address: Amount: $345.88 By delivery to clerk on Date Received: March 12, 1985 By mail, postmarked on March 8, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel eaunty Attached is a copy of the above-noted claim. tAAR 1 3 1y�5 Dated: March 12, 1985 PHIL BATCHELOR, Clerk, By Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) �(?�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim 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.. By: y„ a!C Deputy County Counsel III. FROM: Clerk of the Board TO: (1) Co ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present QQ 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. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (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 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant> DATED: // ; PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM 'CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions -.:o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 (.or mail to P.O. Box 911, Martinez, _CA) C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public ent-ity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk's filing stamps REE�VEP ' Against the COUNTY OF CONTRA COSTA) MAR is 1985 PHIL BAJCHELOR or DISTRICT) KBOA FSUPERMIS (Fill in name) } R CONT nc o The undersigned claimant hereby Lukes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------- i. When did the damage or injury occur? (Give exact date and hour) 12 -sq ) (" '. ---------------------------------------------- - --Whe--e-dTid- h-e-dam-age---o-i-. injury occur? (Include city and county) -------------------------------------------------1----------------------- 3, How did the damage or injury occur? (Give full details, use extra sheets if required &C. AfrA-6,0"OkT 4-. Wh - ------ at--- pa-- rt-- ic-ular-------act--or-•---omission---------on---the---part------.of-------county--or---district---------- officers, servants or employees caused the injury or damage? IZD�J�f J-) Duj u pe0" (over) 5.', . What are the names of county or district officers, servants or employees causing thee damage or injury? -----------------------------•-------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) /5e tw T -----------------------------,-------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) - ----- --- --------- -- ----------- ------- --- ---------- - .--Names-and-addresses-of-witnesses,-doctors-and-hospitals--------7----- -----------------------------,-------------------------------------------- 9. ...,.Lis.t ..the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT yy'y) y yy y yy Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) . . . orb someperson' ori his behalf. " Name and Address of Attorney CSaz an i napre� Addre s �2''� Telephone No. / 9� " �/5l5Z)— Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to .any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " f A., t t �5. k � �� iq ��' �`�i��'��,,'iil,l II i Y GAB Foga 438:0irr) PHOTO SHEET OWNER JCLAIMANT C`j T r,A AW C A L D.No. LOCATION Lo canjLOfLh. CAU CO.CLAIM NO. GAB FILE NO. `7�S�5 ~ b 5 F l j- POLICY NO. PHOTOGRAPHED BY ZD/tf►� FILM— POLAROID JZ NEGATIVE F-� DATE TAKEN �`) 5 PICTURE NUMBER O DESCRIPTION SL► ��JS \ ArAv�cty ¢ x � ' L PICTURE NUMBER DESCRIPTION ojI A4 soot siioP _LESTE!.:�-�'G.. LAWRENCE & -_' P.O. BOX 37 2741 .N. MAIN,ST. W,+r6NUT CREEK, CA 9 45- PHdNE; 93%.3333 EXCLUSIVE—VOLVO — DEALER Since 1921 LICENSE NO.9200 �7 NAME jC T ✓' I)�AV YDATE J AODRESS � �bt-P `� I • QQ j INSURANCE CITY PHONE:I�" ADJUSTER MAKES1 MODE z T) SERIAL MILEAGE LICENSEDff 15-51 Symbol FRONT e:s f labw Hn. Pmts Symbel IEiT etliesun T laborHrs. Parts Symbol RIGHT e�'uoi St Labor Hrs Pmts Bumper(U)ER-New Fender,Fri.6 Est, Fender,Fri. Bumper(l)Er-Naw Fender Shield Fender Shield Bumper Brkf. Fender Midg. Fender Bumper Gd. Headlamp Headlamp Frf.System Heodlontp poor Headlomp Door From* Sealed Beam In-Out Sealed Beam In-Out Cross Member Cowl-Post Cowl-Post Sto&li=er Windshield Mldg. Windshield Midg. Wheel Door,Front Door,Front Hub Cap-Sm.-L94. Door Hirige Door Hinge Hub&Drum Door Glass Door Gloss Vent Glass Vent Glass Knuckle Sup. Door Midg, Door Midg. Lr,Cont.Arm Door Handle Door Handle Lr.Cont.Shaft Center Past Center Post Up.Cant.Arm Door Rear Door Rear Up.Cont.Shoff Door Gloss T-Cl. Door Glass T-CI. Shock Door Mldg• Door Mldg. Tie Rod.Ends Rocker P'anal Rocker Panel Steering Gear Rocker Midq. Rocker Mldg. Steering Wheel Floor - Floor Horn Ring Quar.Inner Const. Quor.Inner Const. Grovel Shield Quar.-Ext. Ouor.-Ext. Pork.Light Quar.Panel Upper Ouar.Panel Upper Rod.Grille,Or. Quar,Lower Quor.Panel Lower Rad.Grille,Side Quor.Mldgs. "Ouor.Panel Mid s. Grille Midg. Quar.-Glass T-Cl. Quar.-Glass T-CI. REAR MISC. Bum er Es.-New Inst.Panel Bumper Brkt. Front Seat Horn Bumper'rid. Front Seat Tracks Baffle,Side Gravel Shield Rear Seat Boole,lower Lower Pone) Headlining Baffle,Upper Floor Top Lack Plate,Lr, Trunk Lid Tire eh Worn Lack Plate,Up. Trunk lid•Hinges Trim Hood Top Trunk Handle Mldgs. ane FledF9iwge Tail Light oint 4 Material s Hood Midg. Tail Pipe-Muffler Ornament Back Vp Light Antenna _ Rad.Sup. F,ome-C,ossmember Rod.Core Gas Ton'c Windshield T-CL Hub B Drum Rod.Hoses Arle-Housing Fon Blade Spring Fan Beit Control•Arms Water Pump-Pulse A-ALIGN N-NEW ON-OVERHAUL EX-EXCHANGE Motor Mls, RC-RECHROME UNUSED S-STRAIGHTEN OR REPAIR Trans.linkage wlRll�cRr ' L l.bOl _14e.�V = G INCLUDE!ALL PARTS AND LABOR. IF ON CL SER ANALYSIS IT 13 FOUND THAT AO' Pada j v DITIONAL REPAIRS ARE NECESSARY,YOU WILL BE CONTACTED FOR AUTHORIZATION. PHONE REVISED AMOUNt Tax r DATE TIME PERSON CONTACTED Sublet_ f 1 NAVE READ AMC UNDERSTAND THE ABOVE ESTIMATE AND TERMS. i AUTHORIZE SERVICE TO BE PERFORMED.INCLUDING SUBLET WORK,AND ACKNOW- LEDGE RECEIPT OF THIS ESTIMATE. TOTAL --.Mote: This form, when completed, should be mailed or delivered to: y Insurance Division Bay Area Rapid Transit District 800 Madison Street Oakland, California 94607 CLAIM AGAINST SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 910 ET SEQ* 4 NAME AND POST OF 'IC. ADDRESS OF CLAIMANT: ��►� -$5rb i�� POST OFFICE ADDRESS TO WHICH CLAIMANT DESIRES NOTICES TO BE SENT: DATE, TIME AND PLACE OF OCCURRENCE OR INCIDENT: DESCRIPTION ��0 OCCURRENCE OR INCIDENT AND ANY INJURY, LOSS OR DAMAGE INCURRED: • �► � � �n�: l . r� CCS� ..���__._ NAMES) )OF LOYEE(S) CAUSING INJURY, LOSS OR DPl-=E, IF KN(WN: AMOUNT CLAIMED AS OF DATE OF' PRESENTATION OF CLAIM AND THE ESTIZIATED AMOUNT OF FUVJFE C'7_AIM TF K1\197N: I understand that, by furnishing this form, BART is not acknowledging any responsi- bility for payment of my claim. Dated: �� Z Signed:cg�� *Claim must be presented within 100 days of incident in accordance with Gove_-nm. nt Code Sections. �. /1/3 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT. April 16, 1985 governed by the Board of Supervisors, ) The copy of this document mailed 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 "Warnings". Claimant: James and Mary Bufton Attorney: Richard L. Reynolds Bennett, Samuelsen, Reynolds & Allard Address: 332 19th Street Oakland, CA 94612 Amount: Unspecified By delivery to clerk on March 12, 1985 Date Received: March 12, 1985 By mail, postmarked on P.nunty (;ounsel I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. MAR 13 1985 Dated: March 12, 1985 PHIL BATCHELOR, Clerk, By neZ, 53 61 Jolene Edwards II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) (x) This claim complies,substantia71 y with Sections, 910 and 910.2,,as /z� ( ) 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). ()C)✓rc1a'"im is not timely filed:�Icferk should return claim on ground that it was filed If late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ;. A r- c/ate &r acnes r" frneGz� Qm✓/��� (X) Other: tetra ; to , ' rIel lz / 4, //1-12/a-`. L/o _ '41,- css H c'r_c.�,✓✓�'nc rn6,-e ino gf,"s r z z� , Ij� Dated: -i s- .t By: :. Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator 0() Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present C ' This claim is refected in full. (*J Other: Portion of original claim not Previously returned as „ntimaly is refected in full. I certify that this is a true and correct copy the Board's Order entered in its minutes for_,this date. Dated: PHIL BATCHELOR, Clerk, By J , Deputy Clerk WARNING (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 claimants right to apply for leave to present a late claim was mailed to claimant. DATED: -#f/_rj_ PHIL BATCHELOR, Clerk, By o , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CLAIM ]FOR INDEMNITY AND DAMAGES Item No. 1: Claimants: James Bufton and Mary Bufton Item No. 2: Address of Claimants: 261 Santa Fe Drive, Walnut Creek, California 94598 Item No. 3: Address to which notices should be Bennett, Samuelsen, Reynolds & Allard RECEIVED 332 19th Street MAR J Oakland, CA 94612 1985 GATItem No. 4: Circumstances of claim: Ct�ERK BOTRDRD OHF SUiE oKO iSORS In the early months of 1983, a landslide occurr .ccxt R-311� ra" D Terrace and Muth Drive in the, unincorporated area of the County of Contra Costa commonly known as Orinda. Claimants are the owners of that undeveloped lot fronting Warford Terrace referred to or known as 6 Warford Terrace, and also known as Lot 85. On or about December 1.3, 1984, Theodore and Imogene Matley filed a complaint for negligence, nuisance, and inverse condemnation in Contra Costa Superior Court bearing action No. 257057, and served said complaint on claimants James and Mary Bufton by mail dated December 14, 1984. A copy of said complaint is attached hereto as Exhibit A. Claimants are informed and believe, and based on that information and belief, allege as follows: (a) That the County of Contra Costa constructed, owned, accepted, maintained and controlled that public street commonly known as Warford Terrace at all times relevant hereto. (b) That in, on or about the year 1955, the County of Contra Costa, with actual or constructive knowledge and notice of the conditions of the soils, and with actual or constructive notice of the public improvements installed by the State of California, permitted, allowed, encouraged and directed A. R. Muth and Sons to alter said public improvements in connection with the grading and construction of Warford Terrace and construction of allegedly developable lots adjacent thereto, including the importation of fill atop which Warford Terrace was constructed. (c) Thereafter, the County of Contra Costa, with knowledge of the disruption of the public improvements (subdrains) installed by the State of California, and in concert with A. R. Muth and Sons, acting as agents, employees and contractors for the county of Contra Costa, approved the subdivision of the land presently known as Lots 50 through 85, inclusive; (d) The County of Contra Costa failed to warn of the dangerous condition of Warford Terrace and of the fill upon which Warford Terrace was built, including a lack of any subdrains, or adequate subdrains, or other measures taken to provide for the stability, of the soils, and failed to warn of the disruption of the public improvements for drainage, and of their own failure and refusal to keep said public improvements in proper maintenance and repair , and said public entity failed to warn of the instability of the soils in the above-described area and of the danger of landslides caused by both a failure to maintain public drainage improvements and by the fill imported in connection with the construction of Warford Terrace, and the absence of proper drainage measures taken in concurrence with the construction of Warford Terrace, and the resulting diversion of surface and subsurface waters caused thereby, and the added weight and burden placed on the soils below Warford Terrace as a result of said importation of fill, which in connection with the subdivision and development allowed and permitted by the County caused said landslide. (e) That as a proximate and legal result of the negligence of the County of Contra Costa, its agents, contractors and employees above described, a massive landslide occurred in the early months of 1983 involving lots 80, 81 and 85, among others; that claimants did not know and had no reason to know of the true facts, and such public property and public improvements constituted a trap, and the condition of said public property and public improvements was a dangerous condition of public property, a trap, and created a dangerous condition on adjacent property, even though said adjacent and said public property was used with due care. (f) That as a further proximate and legal result of the public projects and improvements functioning as deliberately designed and maintained by the County of Contra Costa, claimants have been made to suffer disproportionately for the benefit of the public as a whole, and their property has been taken and damaged without just compensation. Page 2 (g) That as a further proximate and legal result of the negligence of Contra Costa County, and inverse condemnation of claimants' real property by the County of Contra Costa, claimants have been sued by the Matleys in the above-references Superior Court action. While at all times denying liability to the Matleys, if and in the event claimants James and Mary Bufton are found liable to the Matleys, then said liability will be secondary and derivative only, and the Buftons will be entitled to implied indemnity by the operation of law from the County of Contra Costa; in the alternative, claimants James and Mary Bufton will be entitled to comparative indemnity from the County of Contra Costa pursuant to the principles of implied comparative indemnity and apportionment of fault. (h) That as a further, direct, legal and proximate result of the negligence, strict liability and inverse comdemnation liability and indemnity liability alleged above, after said landslide on claimants' unimproved property, claimants notified the County of Contra Costa of said landslide. Thereafter, said County of Contra Costa, by and through its agents, employees of the Department of Public Works, threatened litigation against claimants James and Mary Bufton, and threatened claimants that unless claimants unilaterally took it upon themselves to provide for the repair, maintenance and operation of the public improvements which the County of Contra Costa had failed to maintain and care for in 2i prudent manner, claimants would be subjected to various injunctions and damages liability to said County of Contra Costa. Said County of Contra Costa further represented to claimants that it was the obligation of claimants to maintain and repair Warford Terrace, a County► street. ti) Claimants do not now have nor have they ever had sufficient assets to make said repairs or restorations, nor to assume the duties imposed by law on the County of Contra Costa for the maintenance of public improvements such as Warford Terrace and the subdrain systems installed in said hillside. (j) That at said time, said employees of the County of Contra Costa were aware of potential actions by adjacent neighbors against claimants, and the County, and were also aware of potential additional claims arising out of said landslide, and were also aware of their role as a public entity in the issuance of permits and authorizations for the Page 3 creation of the subdivision in the area above described, and were aware of their responsibility for the soils subsidence and their duty to repair same and the public improvements therein. (k) As a result of the: course of conduct alleged above, claimants have suffered severe and extreme emotional distress: (1) Notice and acknowledgement of receipt of the above-said Matley complaint was completed on January 29, 1985. Within 100 days last past, the actions of the County of Contra Costa became so severe, and emotional distress suffered by claimants became so severe, as to constitute the inception of their cause of action for said claim. (m) As a result of the above-alleged facts, claimants have been caused emotional distress, fright, worry and other unpleasant mental reactions, and have sustained further emotional distress from the financial and other injuries sustained or threatened to be inflicted due to the negligence and other conduct alleged hereinabove of the County of Contra Costa. Item No. 5: Public Employees Responsible for Said Injuries The County of Contra Costa has on file in its Public Works Departments copies of the correspondence sent by its public employees to claimants. The County of Contra Costa also has on file in its records the names and addresses of various public employees responsible, dating back to the 1950's, for the current situation existing in the property described above. DAMAGES BEING SOUGHT Claimants seek by way of this claim the following damages: (a) With respect to the claim for indemnity against the County of Contra Costa, these claimants submit that their claim is at present contingent and undetermined, but if, and in the event they are found liable to the Matleys, then the Buftons hereby make claim for the amount of any such judgment or verdict or settlement, including costs and attorney' s fees incurred in the defense of said action, Page 4 and interest as allowed by law. (b) With respect to the property damage alleged hereinabove sustained by claimants, claimants seek as damages the fair market value of the property injured and damaggd as a result of the negligence of the County of Contra - Costa, its agents, employees and contractors: The fair market value of said property is not presently known to claimants as they have not had access to any appraisals of the fair market value of said property prior to its injury and damage. In 1966 the purchase price of said property was in the approximate sum of $3,500. Claimants estimate that the fair market value of the property had the public improvements in the vicinity of said property been properly cared for and maintained would be in excess of $50,000. (c) On the emotional distress claim, claimants seek damages in excess of the jurisdictional limits of the Superior Court in and for the County of Contra Costa, damages in excess of $15,000 for each claimant. kd) A declaration or injunction that the County of Contra Costa repair and maintain its public improvements. DATED: March 7, 1985. BENNT, SAMUELSEN, REYNOLDS & ALLARD JJ C/ B � Y Richard L. Ikeyno ds Attorneys for Claimants Page 5 1 MARILYN MAC RAE Attorney at Law 2 360 17th Street, Suite 212 Oakland, CA 94612 3 . SALVATORE J. BELLIA 4 Attorney at Law : 360 17th Street, Suite 212 5 Oakland, CA 94612 (415 ) 465-1732 6 ATTORNEYS FOR PLAINTIFFS ' 7 8 SUPERIOR COURT OF CALIFORNIA IN THE; COUNTY OF CONTRA COSTA 9 10 11 THEODORE MATLEY and IMOGENE MATLEY No. 257057 Plaintiffs , 12 v. PLAINTIFFS' FIRS': AMENDED COMPLAINT FOR 13 JAMES BUFTON and MARY BUFTON, NEGLIGENCE, NUISANCE, COUNTY OF CONTRA COSTA , AND and INVERSE CONDEMNATION 14 DOES I through XXXX inclusive , Defendants. 15 / 16 Plaintiffs, THEODORE MATLEY and IMOGENE MATLEY, allege as 17 follows: 18 1 . Plaintiffs are husband and wife and at all times mentioned 19 herein were and are the owners of real property located at #4 20 Warford Terrace, City of Orinda, County of Contra Costa, State 21 of California. Said real property .is improved with a single 22 family dwelling, appurtenant structures , and other improvements 23 including but not limited to the following: swimming pool, patio, 24 retaining walls, walkways, driveway, drainage system, and land- 25 scaping. 26 2. Defendants, James Bufton and Mary Bufton (hereinafter 27 referred to as BUFTONS) at all times mentioned herein were and 28 still are owners of and in possession and control of a certain I piece of real property located adjacent to and uphill from 2 Plaintiffs at #6 Warford Terrace , Orinda, Contra Costa County, 3 California. Said real property is an- unimproved- lot. 4 3. Plaintiffs are informed and believe and upon this basis 5 allege that Defendant COUNTY OF CONTRA COSTA is, and at all - times 6 mentioned .herein was, a, county duly organized and existing under 7 the laws of the State of California. 8 4 . The true nature and capacity of Defendants sued herein 9 as DOES I through XXXX, inclusive, are unknown to Plaintiffs who 10 therefore sue such Defendants by such fictitious names. Plaintiffs 11 . will seek leave to amend this complaint to state their true 12 names and capacities when the same have been fully ascertained , 13 together with further appropriate charging allegations. Plain- I4 tiffs are informed and believe and thereon allege that each of 15 the . fictitiously named Defendants is responsible in- some manner 16 for the occurrence herein alleged and that Plaintiffs' injuries 17 as herein alleged were proximately caused by said Defendants' 18 acts or failures to act. 19 FIRST CAUSE OF ACTION 20 Plaintiffs allege a First Cause of Action for NEGLIGENCE 21 against Defendants BUFTONS, and DOES I through X, and each of 22 them, as follows: 23 Plaintiffs reallege and incorporate by reference each and 24 every allegation set forth in paragraphs 1 ,2, 4, inclusive of 25 their preliminary allegations as though fully set forth herein. 26 5. On or about December, 1965, a landslide occurred on the 27 property adjacent to and/or uphill from Plaintiffs' property i.e. 28 the property which Defendants BUFTONS thereafter purchased in 196 I as hereafter alleged. Said landslide caused a' dangerous condition 2 on said property in that the soil mass became. unstable , the 3 natural flow of surface waters and subsurface waters was inter- 4 fered with, and Plaintiffs lost the subjacent and lateral support 5 essential to the stability of their home and property. 6 6. Shortly thereafter, Plaintiffs undertook remedial, 7 emergency repairs including, but not limited* to, building a 8 drainage system, repairing the foundation of their home , and 9 building retaining walls. Said remedial repairs were done at 10 the direction of and per recommendations of 'a soils engineer in 11 order to protect Plaintiffs' home and stabilize their property. 12 7. Plaintiffs a.re informed and believe and on' this basis l 13 allege that Defendants, BUFTONS knew or had reason to know after 14 the purchase of their property in 1966 and before March 8, 1983 15 that said dangerous conditions existed on their property and 16 therefore a duty arose on the part of Defendants' to act as reason- 17 able persons in the management and control of their property 18 so as to protect Plaintiffs' property and Plaintiffs from harm. 19 8. Defendants BUFTONS breached said duty by failing to 20 ad as reasonable persons would under the same or similar cir- 21 cumstance in that Defendants' failed to remedy, repair, or. stab- 22 ilize said- known dangerous landslide conditions so as to protect 23 Plaintiffs' property and Plaintiffs from harm. 24 9. On or about March 8; 1983, after heavy rains, -4 s­idden 25 landslide or soil movement u,_ ,urred on the property of DefendanLs 26 BUFTONS. 27 10. Plaintiffs are informed and believe and thereon allege 28 that Defendants BUFTONS so negligently owned, managed, maintained I and drained their real property prior to March 8, 1983 so as 2 to cause surface and slab-surface waters to be unnaturally col- 3 lected and channeled into the unstable soil mass on Defendants' 4 real property causing. a landslide on March 8, 1983 whicti damaged 5 Plaintiffs' real property and residence. 6 11 . As a proximate result of the• March 8, 1983 landslide, 7 caused by said Defendants ' negligence , Plaintiffs' residence 8 was placed in imminent peril, its foundation was seriously damage 9 and said dwelling lost its subjacent and lateral support. 10 Plaintiffs suffered other damages including but not limited to, 11. the costs of emergency repairs and permanent repairs in the 12 amount of $134 ,000 to the following structures and improvements: 13 Plaintiffs dwelling, walkways, foundation, retaining walls, 14 drainage system, landscaping, and other improvements. 15 12. As a further• proximate result of .the uphill landowners ' 16 negligence , Plaintiffs have suffered the following: loss of 17 level yard area in the amount of $6 ,000; dimunition in the fair 18 market value of Plaintiffs' real .property in the amount of 19 $60,000; deprivation of the use and enjoyment of their real 20 property and improvements since March 8, 1983; continuing costs 21 incurred in making emergency repairs; loss of stability in their 22 real property; engineering and other professional fees incurred i► 23 attempting to remedy said problem in the amount of $9 , 074 and . 24 other general damages in an amount as yet unascertained ' to be 25 proven at trial. 26 13. As a further proximate result of the acts of Defendants 27 BUFTONS, Plaintiffs have suffered emotional distress, humiliation 28 anxiety; worry, embarassment, anger, fear, mental anguish and l suffering to the detriment of their general health in an amount 2 as yet unascertained to be proven at trial. Since on or about . 3 March 8, 1983, as hereinabove alleged, a dangerous landslide 4 condition existed and. still exists on the property of Ddfendants 5 and continues to cause: damage to Plaintiffs' property and to 6 Plaintiffs as hereinafter alleged.. 7 14 . Said landslide condition or unstable slide mass on 8 Defendants ' property constitutes a threat of imminent peril to 9 Plaintiffs ' home, real property and to Plaintiffs" themselves. 10 Said landslide condition has caused and continues' to cause a 11 loss to Plaintiffs' home and property of the subjacent and latera 12 support essential .to their stability. Said landslide condition 13 has interfered with and continues to interfere with' the natural 14 flow of surface and subsurface waters. 15 15. On or about November 17, 1963, Plaintiffs informed 16 Defendants and each of them, in writing ( see letter attached 17 hereto as Exhibit I and incorporated by reference herein) that 18 a dangerous landslide condition existed on Defendants ' property 19 due to the March 8, 1983 slide. 20 . 16. By virtue of the existence of said dangerous landslide 21 condition upon Defendants property and Defendants' knowledge 22 thereof, Defendants had and still have a legal obligation and 23 duty to act as reasonable persons would under the same or similar 24 circumstances in the management and control of their properties, 25 i.e. to immediately repair, remedy, stabilize said slide mass 26 and to restore the subjacent and lateral support that is essen- 27 tial to the stability of Plaintiffs' home and property so as to 28 protect Plaintiffs' property and Plaintiffs' from harm. 1 17. In addition , said Defendants have a legal. obligation 2 and d,.'.v not I­ • ­--f=rA with tho natural flow .of- slly%fn nd 3 subsurface waters upon .their properties in such a way as to 4 cause harm to Plaintiffs' property and Plaintiff; i'.e. Defendants 5 have a duty to install a Droop" drainage system on their property G to protect Plaintiiis' property a;id Plaintiffs' from harm. 7 18. Plaintiffs are informed and believe that Defendants f 8 have failed and continue to fail to repair, remedy or stabilize 9 said landslide condition and/or to restore the subjacent and 10 lateral support that is essential to the stability of Plaintiffs ' 11 home and property in order to protect Plaintiffs' property and 12 Plaintiffs. 13 19. As a proximate result of the acts and/or omissions of 14 Defendants in the management, control and maintenance of their' ' 15 property since March 8, 1983 Plaintiffs have suffered the 16 following injuries: - 17 As a further proximate result of Defendants failure to 18 abate said nuisance Plaintiffs' property and dwelling continue 19 to suffer damage in an amount as yet unascertained and to be 20 proven at trial. 21 20. As a further, and proximate result of Defendants main- 22 tenance of and failure to abate said nuisance, the value of 23 Plaintiffs' property has been diminished . Unless the nuisance . 24 is abated , Plaintiffs' property will be progressively further 25 diminished in value. 26 21 . As a further proximate result of Defendants' maintenance 27 of and failure to. abate said nuisance, Plaintiffs' free use and 28 comfortable enjoyment of their property continues to be interfered I with all to Plaintiffs damage in an amount not yet ascertained . 2 to be. proven at trial. 3 22. As a further proximate result of Defendants failure 4 'to abate said nuisance Plaintiffs have been hurt and injured in 5 their health, strength and activity, sustaining injuries to their 6 nervous system and person, all of which injuries have caused and 7 continue to cause Plaintiffs great mental, physical, and nervous 8 pain and suffering. As a result of such injuries, Plaintiffs 9 have suffered general damages in an amount not yet ascertained to 10 be proven at trail. 11 SECOND CAUSE OF ACTION 12 Plaintiffs allege for a Second Cause of Action NUISANCE 13 against Defendants 'BUFTONS, and DOES I through. XX and each of 14 them as follows: 15 Plaintiffs reallege and incorporate paragraphs 1 through 16 4 , inclusive of the preliminary-allegations of this complaint 17 and paragraphs 5 through 12 inclusive, of their First Cause 18 of Action as though set forth herein. 19 23. At all times mentioned herein and since 1966 Defendants 20 BUFTONS have owned , had possession of, used and maintained their 21 property knowing and/or having reason to know that .a dangerous 22 landslide condition existed on their property as a result of a 23 landslide or earth movement occuring on or about December 1965. 24 24 .' The aforementioned ownership, possession, use and 25 maintenance by Defendants of their property prior to March S, 198 26 constitutes a nuisance within the meaning of Section 3479 of 27 the Civil Code in that said acts and/or omissions presented an 28 imminent peril of damage to Plaintiffs' property, constituted 1 an obstruction of the free use by Plaintiffs' of' their real 2 property and interfered with the comfortable use and enjoyment 3 of Plaintiffs' property. 4 25. Defendants .failed to abate said nuisance prior to 5 March 8, 1983. As a proximate result of Defendants failure to 6 abate said nuisance by repairing,. remedying -or stabilizing. 7 the landslide conditions on their property prior to 1983, a .8 second landslide occurred on March 8, 1983, causing the damages 9 to Plaintiffs' property as herein-above alleged in paragraph 13 10 through 15 of this complaint. 11 26. As a reslut of the March 8, 1983 landslide, Plaintiffs' 12 property and dwelling; lost the subjacent and lateral support 13 essential to their stability. 14 27. In addition, Plaintiffs are informed and believe and 15 on this basis allege that said landslide caused an unnatural 16 collection, channeling and diversion of surface and subsurface 17 waters thereby creating a more dangerous condition on Defendants 18 property which continues to threaten Plaintiffs' property and 19 Plaintiffs. 20 . 28. The aforementioned ownership, use and possession and 21 maintenance by Defendants of their property constitutes a 22 nuisance withing the meaning of Section 3479 of the Civil Code 23 in that said acts and omissions present an iminent peril of 24 damage to Plaintiffs ' property, constitutes an obstruction of 25 the free use by Plaintiffs of their property and interferes 26 with the comfortable use and enjoyment of their property. 27 29. On or about: November 17, 1983, Plaintiffs informed 28 Defendants, in writing (see page 3 and 4 of letter of November 15 1 1983 attached hereto as Exhibit I and incorporated by reference 2 herein) that a dangerous landslide condition existed on Defen- 3 dants' property due to March 8, 1983 slide; that said slide 4 condition constituted and still constitutes a nuisance ; and that 5 according to Plaintiffs ' soils engineer " . .it is necessary G that [Defendants] repair the landslide condition on their property 7 in order to prevent [Plaintiffs? home from being further imperiled 8 with the coming rains. . . " . 9 30. Defendants have failed to and continue to fail to 10 abate said nuisance and will, unless enjoined by this court , 11 continue to maintain the nuisance and continue to fail to abate 12 said nuisance , without the consent, against the will, and in 13 violation of the rights of Plaintiffs. 14 31 . As a proximate result Defendants continuing maintenance 15 of an continuing failure to abate said nuisance, Plaintiffs' 16 dwelling and property continue to be threatened with imminent 17 peril. 18 32. As a further proximate result. of Defendants' failure' to 19 abate the nuisance on their property prior' to March 8, 1983, 20 thereby causing the landslide of March 8, 1983, Plaintiffs 21 have suffered damages as alleged herein in paragraphs 13 through 22 15 of this complaint. 23 33. As a further proximate result of Defendants failure to 24 abate said nuisance Plaintiffs ' property and dwelling continue 25 to suffer damage in an amount as yet unascertained and to be 26 proven at trial. 27 34. As a further and proximate result of Defendants main- 28 tenance of and .failure to abate said nuisance , the value, of 1 Plaintiffs' property has been diminished. Unless the nuisance 2 is abated, Plaintiffs ' property will be progressively further 3 diminished in value . 4 35. As a further proximate result of Defendants' mainte- 5 nance of and failure to abate said nuisance , Plaintiffs' free 6 use and comfortable enjoyment of' their property continues to be '7 interfered with all to Plaintiffs damage in an amount not yet 8 ascertained to be proven at trial. 9 36. As a further proximate result of Defendants' failure 10 to abate said nuisance Plaintiffs have been hurt and injured in 11 their health, strength and activity, sustaining injuries to their 12 nervous system and person, all of which. injuries have caused and 13 continue to caus6- Plaintiffs great mental, physical, and nervous 14 pain and suffering. As a result of such injuries , Plaintiffs 15 have suffered general. damages in an amount not yet ascertained to 16 be proven at trial. - 17 37. Unless Defendants are restrained by order of this court, 18 it will be necessary for Plaintiff to commence many successive 19 actions against Defendants , to secure compensation for damages 20 sustained, thus requiring a multiplicity of suits, and Plaintiff 21 will be daily threatened with damages resulting from the landslide . 22 33 . Unless Defendants are enjoined from continuing their 23 course of conduct, Plaintiffs will suffer irreparable injury in . 24 that the useful and economic value of Plaintiffs ' property will 25 be substantially diminished and Plaintiffs will be deprived of 26 the comfortable enjoyment of their property. 27 39. Plaintiff has no Plain, speedy, or adequate remedy 28 at law, and injunctive relief is expressly authorized by Sections 1 526 and 731 of the Code of Civil Procedure. 2 40. In maintaining the nuisance , Defendants are acting with 3 full knowledge of the .consequences and damages being caused to 4 Plaintiffs, and their conduct is willful, oppressive and mali- 5 cions; accordingly, Plaintiff is entitled to punitive damages 6 against Defendants in the sum of $1 ,000 ,000. 00. 7 THIRD CAUSE OF ACTION 8 Plaintiffs allege a . Third Cause of Action for Inverse Con- 9 demnation against Defendant COUNTY OF CONTRA COSTA and Does I 10 through XXXX, and each of them as follows : 11 Plaintiffs reallege and incorporate by reference each and 12 every allegation set forth in paragraphs 1, 3 and 4 inclusive, 13 of their preliminary allegations as though fully set forth herein. 14 41. Defendant COUNTY OF CONTRA COSTA (hereinafter referred 15 to as COUNTY) accepted, approved and allowed the construction of 16 the subdivision in which Plaintiffs' parcel of real property is 17 located and upon which their single family dwelling was con- 18 structed. 19 42. Defendant COUNTY deliberately designed and constructed 20 Lhe streets, gutters and storm drainage facilities whereby sur- 21 face waters from said subdivision and adjacent public and pri- 22 vate property were collected and channeled in order to benefit 23 the public as a whole. 24 43. . Plaintiffs are informed and believe and on this basis 25 allege that said surface waters from this subdivision were col- 26 lected by Defendant COUNTY through its streets, gutters, and 27 storm drain facilities in such a way that an unnatural flow of 28 said surface waters was diverted onto Plaintiffs' property and -1.1- 1 the property owned by James and Mary Bufton, just below said 2 streets and gutters. 3 44. Plaintiffs are informed and believe and on' this basis 4 allege that Defendant COUNTY knew" or should have known that a 5 dangerous , unstable land condition existed on the Bufton property G immediately adjacent to and below Warford Terrace, 7 45. Plaintiffs are further informed and believe that as 8 a proximate result of the activities of Defendant COUNTY in' the 9 management of storm and surface waters, both Plaintiffs' real 10 property and the Buftons' real property were burdened with an 11 increased volume and/or concentration of surface waters causing 12 a landslide on the Bufton property and the loss of subjacent and 13 lateral support tolthe Matley property. 14 46. As a proximate result of the activities of Defendant: 15 COUNTY as herein alleged , Plaintiffs have suffered a dispropor- 16 tionate burden, which Plaintiffs should not be singled out to 17 suffer, for the benefit of the. public as a whole . Said burden 18 includes property damage to Plaintiffs' dwelling ( including seri- 19 ous damage to the dwellings' foundation as well as loss of its 20 subjacent and lateral, support) as well as damages to Plaintiffs' 21 walkways, retaining walls, drainage system, landscaping and' 22 other improvements all in an amount yet to be ascertained and 23 proven at trial. 24 47. .As a proximate result of the increased burdens placed 25 on Plaintiffs by the unreasonable activities of Defendant COUNTY 26 the market value of Plaintiffs' property has suffered a dimuni- 27 tion in value and a stigma loss. 28 48. The property damage and dimunition in value referred to 1 above constitutes a taking of Plaintiffs' private property by a 2 public entity in violation of Section I, Title 19 of the Calif- 3 ornia Constitution. 4 48. Plaintiffs have incurred and will incur attorney, apprai 5 sal and engineering fees because of this proceeding, in amounts 6 that cannot yet be ascertained , which are recoverable in this ac- 7 tion under the provisions of Section 1036 of the California Code 8 of Civil Procedure. 9 49. Plaintiffs have filed this complaint within three years 10 from the accrual of their cause of action and within the proper 11 statute of limitations for such actions. 12 N PRAYER 13 -14 WHEREFORE, Plaintiff prays judgement against Defendants - - 15 efendants15 as follows : 16 FIRST CAUSE OF ACTION _ 17 1) Property damages in the amount of $200,000.00; 18 2) Special damages including engineering fees $9,074.00 ; 19 3) Other special and general damages according to proof; 20 - 4 ) Mental distress damages according to proof; 21 SECOND CAUSE OF ACTION 22 5) Property damages in the amount of $200,000.00; 23 6) Special damages including engineering fees of $9 ,074.00 ; 24 7) Other special and general damages according to proof; 25 8) Loss of use and enjoyment of their real property; 26 9 ) Mental distress damages according to proof; 27 10) For preliminary and permanent injunctions enjoining Def- 28 endants to abate the nuisance and to construct such -13- 1 works and take such other steps as are necessary' to 2 control and stabilize - the condition of' their real property, 3 all in a manner consistent with good engineering practice, 4 and to take all measures necessary to protect against fur- s ther similiar occurrences, all at the sole cost and expense 6 of Defendants; 7 11) Punitive damages in the amount of $1, 000,000.00; 8 THIRD CAUSE OF ACTION 9 12) Property damages in the amount of $200,000.00; 10 13) Special damages including engineering fees for $9 ,074 .00; 11 14) Other special and general damages according to proof; 12 15) Mental distress damages according to proof; 13 16) Attorneys fees incurred to bring suit; 14 ALL CAUSES OF ACTION 15 17) Costs of suit incurred; and 16 18) For such other and further relief as' the court may deem i 17 proper. Ct � Ig December 11, 1984 MARILYN MAC RAE 19 Attorney for Plaintiffs 20 SALVATORE J . BELLIA 21 Attorney for Plaintiffs R 22 23 24 25 26 27 28 -14- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 16, 1985 governed by the Board of Supervisors, ) The copy of this document mailed 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 "Warnings". Claimant: Nancy Sharp and Vance DeBilzan County counsel Attorney: Bernard F. Cummins MAR 18 1985 Cummins & Lamphere Address: P.O. Box 351 Ma►11neZ,CP.94553 Martinez, CA 94553 Amount: $750,000.00 By delivery to clerk on Date Received: March 15, 1985 By mail, postmarked on March 13, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 15, 1965 PHIL BATCHELOR, Clerk, By _ Deputy Jolene Edwards II. FROM: County Counsel TO: 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: 3 -1 By: 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 ORDER By unanimous vote of Supervisors present N<f This claim is rejected in full„ ( ) Other: I certify that this is a true and correct copy of the card's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , , Deputy Clerk WARNING (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 Boards 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 etto pr sent a late claim was mailed to cls mant. A DATED: PHIL BATCHELOR, Clerk, By , Deputy Clerk ee: County Administrator (2) County Counsel (1) CLAIM CLAIM Against the County of Contra Costa Goverrrnent Code Section 910, 1. NAME AND POST OFFICE ADDRESS OF CLAIMANT: Nancy Sharp RECEIVED 240 Tuolumne St . Martinez, CA 94553 ; and MAR /S 1985 Vance DeBi lzan PHIL BAT HELOQ ff 1475 Ak a r d Dr . ER CONTR ST PECO SOBS Reno, Nevada 89503 ° � � 2. POST OFFICE ADDRESS TO WHICH THE PERSONS PRESENTING THIS CLAIM DESIF:E NOTICES TO BE SENT: Currmi ns do Lamphere P. O. Box 351 Martinez, CA 94553 3. DATE, PLACE, TIME AND OTHER CIRCUMSTANCES OF THE Y OCCURRENCE OR TRANSACT I ON WH I CH GAVE R I S E TO THE CLA IM ASSERTED: December 30, 1984 , Contra Costa County Hospital , Martinez, California, 1746 hours . Negligence in care and treatment of claimants ' mother , Doris DeBilzan, resulting .in her death on January 1 , 1985. 4. GENERAL DESCRIPTION OF THE INDEBTEDNESS , OBLIGATION, INJURY, DAMAGE OR LOSS INCURRED SO FAR AS IT MAY BE KNOWN AT THE TIME OF PRESENTATION OF THIS CLAIM: Damages for the wrongful death of claimants ' mother . ;l Re: Sharp/DeBilzan Claim Against Contra Costa County Page 2 5. NAME OR NAMES OF THE PUBLIC EMPLOYEE OR EMPLOYEES CAUSING THE INJURY , DAMAGE OR LOSS, IF KNOWN: Dr . Buehner and others unknown at Contra Costa County Hospital , Martinez, CA 6. AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF THIS CLAIM, INCLUDING THE ESTIMATED AMOUNT OF PROSPECTIVE INJURY, DAMAGE OR LOSS INSOFAR AS IT MAY BE KNOWN AT THE TIME OF THE PRESENTATION OF THIS CLAIM, TOGETHER WITH THE BASICS OF COMPUTATION OF THE AMOUNT CLAIMED: $750,000 - just compensation for the loss which each claimant has suffered by reason of the death of their mother . Civil Code Section 377 . Dated: March /3 , 1985. Ct"I NS do LAMPHERE B .. Bernard F. Cummins Attorneys for Claimants CLAIM `f BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CL A1KANp April 16, 1985 governed by the Board of Supervisors, ) The copy oft s document mailed 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 "Warnings". Claimant: Charles Lobdell Attorney: Lloyd F. Scott 445 Nora Court; Address: Walnut Creek, CA 94596 Hand-Delivered Amount: $45,504 By delivery to clerk on March 11, 1985 Date Received: March 11, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel ectinty GNAW Attached is a copy of the above--noted claim. MAR 13 1985 Dated: March 11, 1985 PHIL BATCHELOR, Clerk, By 2ye " Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (k) 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: �.'<a�Lam,, Deputy County Counsel III. FROM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present tm*- This claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the ard's Order entered in its minutes for this date, Dated: _ PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (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: i�/��f PHIL BATCHELOR, Clerk, By ,�, , Deputy Clerk cc: County Administrator (2) County Counsel (4) CLAIM . RECEIVED rt A' CLAIM AGAINST PUBLIC ENTITY rem (Government Code Sections 905 et seq. ; 910 et seq. ) TO THE POARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA: MR. CHARLES LOBDELL 'hereby makes claim against Contra Costa County, California in the amount of $45,504 and makes the following statement: in support of his claim: 1. Claimant resides at 2447 Ranchito Drive, Concord, California 94520. 2. The events giving rise to this claim occurred be- tween December 11, 1984 and December 17, 1984. 3. The circumstances of the claim are as follows: On December 11, 1984 claimant' s automobile was stolen and the loss was promptly reported. Due to personal circum- stances at that time, the automobile contained all of claim- ant' s business records and documents which were his means of livelihood together with substantial other personal property. The automobile was recovered in the early morning of Decem- ber 13, 1984 but did not contain claimant' s property. Said property had been discarded by the thief into a "dumpster" located on the site of the Terminal Plaza Shopping Center, 2757 Clayton Road, Concord, California. Through negligence of employees of the Contra Costa County Sheriff' s Office, Mr. Lobdell was not notified of the recovery of his automo- -1- .1 bile and apprehension of the culprit until December 17, 1984. In the interim the "dumpster" containing claimant' s discarded property had been emptied by Concord Disposal Service late on December 14, 1984, thus denying claimant of all reasonable opportunity for recovery of his property. As a direct and proximate result of this unnecessary and debilitating loss, claimant was. seized of an uncontrollable depression which led to his attempt to take his own life. 4. Claimant requests payment of compensatory damages in the amount of $45, 504. 5. Notices and communication concerning this claim should be sent to: Lloyd F. Scott Attorney at Law 445 Nora Court Walnut Creek, CA 94596 (415) 935-2112 -2- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 16, 1985 governed by the Board of Supervisors, ) The copy of this document mailed 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 "Warnings". Claimant: Susan Elizabeth Evans Attorney: Mark A. McLaughlin County 2211 "A" Street MAR 1 . 1985 Address: Antioch, CA 94509 Hand-Delivered Amount: $150,000.00 By delivery to clerk on W Zal _r, 4-�3 Date Received: March 12, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: March 12, 1985 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (ti: ) This claim complies substantially with Sections 910 and 910.2. Eeocc �•v✓� n IZ.�7.i�. � oroly . ( ) 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). Cc, C (,X), 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: O ct(I •.0 V,K U Dated: 3 - )_�s -4'S By: LL, i� . Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator (X) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( j This claim is rejected in full. Other: maim nrntTravio uciy rPi-»rncd ac 3,M+-Ji1Q y is rejected in full. I certify that this is a true and .correct copy of the Board's Order entered in its minutes for his date. Dated: - PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (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: /l_ �_PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CO§*rFJYapptication to: Instructions to ClaimantGerk otthe Board P e V..' bio 6 M dinez Calitomia94553 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 o�this form. RE: Claim by )Reserved r ClerlIs filing stamps JUS/ E'lizAh #1 t,P/2 P � ) 7REECEIVED Against the COUNTY OF CONTRA COSTA) MAR ).q 1995 or DISTRICT) PHIL DATCMRIOR 6011111100101111110016 F1 ln name A0. D The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ /�7 OCA, 00 and in support of this claim represents as follows: �. When did the damage or �n_lury occur? Give exact date ani hour] 7P �. Where �i� tFie damage or njury occur? �Inc�ude city and county] © 6017 19`,G-(4'S-f -3&7 �uSanJ,%��, Cu. �sr�n 146,u n' 1. Co M46ae,y /h��,6u��c� C min fir _ CC �y7k d_im &nom -T- --- --- -------- - . ��----------- T--- - --t --�---------- 3. How did the damage or 1n�ury occur? �G1veul� �etalIs, use extra sheets if required) U/y - ,b�LrIn 4. What particular act or omission on the part of county or KNUIct officers, servants or employees caused the injury or damage? f ahuh� ( (d �i? Unr�C;?Cov ; Ck'/S� �l��d S�mzhU,ti Paf_/7y _T& lvuh7b4t1a." un h�� (Suspn E; P/'Cc?)/�i9,/�'!'laJO�'•�'• C�J2 lil/�n' ���-Ni90&9,117 f (_E9162. �k he NeRrad 4 1911 it/,/ bk-r k U'id 21pf 'Ile G)A_�12�4-n y4 &05 4411/ moo' K dl)�l lvrc 5e� (over) w 5. What are the names of county or district officers, servants or employees causing the damage or injury? v ( C. �rt�f 1r/ s�7�Rfii 9�is/off . c � 6. What damage or injuries cio you claim resulted? ZGNe full extent of injuries or damages claimed. Attach two estimates for auto damage) �'�cSo�AC -•7 homely QI'k;e- _j,K,2e 173e5_ - 7. How was the amount claimead above computed? (Include the e estimat amount of any prospective injury or damage. ) f',���Sc�7N� �/JJu�y' �%3S�:oo (Y►v+i/hy ��t��'/�5c's lo��,�'0 Loss of �fis / A �oSS of , ell -------------------- ---- - ----------- ------------- 8. Names and addresses of witnesses,-doctor. s-and hospitals. S;;OnX CIetza C� : 9. List the expenditures you made on account-of this accident-or injury DATE ITEM AMOUNT Z`7 61k( 4-f A007)-e ek- t inT r :fes �Z �b'`f /1'rlfHL 1n +OcLf' ?v�, ;.� :.:no. (s'O,c..t���srf•' Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: ' (Attorney) or by some person on his behalf. " Name and Address of AttorneyLG�ICjw( LGZ Claimants Signature AOYIO` y W��G� 0, 60 k /GGD Address Ao boc.6. Telephone No. Telepho es No. 41pS- ��77 j777 ttt*tttttttttttttttttttttttura*tttttttttttttttttttt*ttttttttttttttttttttttr NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, ,presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 1: Tv;�'t f,i Am RNG 11 :BOOKI 0.0RAATION SHEINN County Shei!r,s DIoppn-,::& p YYs Fey IMCIDENT OF 097''M K F TYPE rl F AKA' 7 7 0 am VIC W /47 H NAIR DATVOF�BIRTH';";­4 BIRTH,. WEIGHT Fry/ W, Z3� y_2 GLASSES 0 0 MARRIED f !0 USVA�Lil; 0 WIO6W'j6 OCT'.p 13 OIVOkEb 6T OAEAo 0 NEVER NEVER IANDE (j \PSEPARATEO MARRIED' 0 CONTACTS s 0 DRIVE i �LIG 1.0 N i'll-l-'s,�:;LOCAL*.', ION v 7, N -Cl T Y; RESMENCE-HO d TE W ZIP-CODE _tELEPHONE'�,',%%: U4,CITIZEN y YEAR MOVED TO 01 TOC;{C, 5 A 0 m? ORIVZR'LICENSE A ISC.L'1.0:No 'T, A V ARREST PATE. �ARREST;T:tM E,'j V­s AG EITRANS AGENC.y�' "OF FIe`ER N E.' .01 4 'ARREST`46CATIQN'�!; 9T0421 4;y. MAK9`0 'C "0C 4'. 'm PTA;. PERSON 61T: es 1 5,P C", .ry EMERG 1: 1 LEGAL PHONE CALLS -Y P" , 1, 't.FIRS Sq r 0 A E�AT 0 OT ME 14 OFFERED OYES'ONO'E% 'MC LAST A 0 0 SPOUSE; 0 C pl. ECLMEO OYWON07 SME Y STATE ZIP CODE TEL 0' ESCAPEJ MEDIC� YES 0 f L 0. 1116K;�SUICIOA ril tc CO 15 DAVIT _EQ'bYJAIL'NO SVOYE FFI CHECK NO 2tz:�:k� cj i ,% N", "' "I: 7"M .7-7_7 :si, a SE T ARREST, x A 4 A: j: E m IS DEMEANOR:ARREST NOT CITED'(RE0453.60) 'INTOXICATED. El. (.v '-,No I Di N! TOO TIFICATION (.2) -NEEDS MEDICAL, .':CARE 0 CUT PR SE' 11814 JEOPARDIZED x. (.7) -.LiKELYHOOD OF O 1'.3)'-46362 ARREST VC ARR RECURRENCE q REFkjSE*O-TO SIGN (,4) -WARRANT ARREST, CITATION PRISONER'S PROPERTY OPERTY ,,r. P NS OTHER -CA -,CHECK BOOK` rf 'GL ASSES TCH I G'H-r'E n' 1 I RINGKEYS ' El' RIGHT INDEX PRINT ON OACK 0 KNIFE,. OF SHERIFF* L7] WALLET 'lfcopy, PROPERTY HELP tAS E'VIOENC.E:,!- L lkou! 01 �iiONAX Sr;Csl IiA' PRI)PERTY/TIME ' PPISONCR ACKN":eDGEW!NT OP,P100PENTIF ING REY 3, 4:V A!,; ' MUNICIPnL "�..URT OF CALIFORNIA, COUNTY OF"'CG'�iRA COSTA MOUNT D.IABLO JUDICIAL DISTRICT FILE'D THE PEOPLE OF THE STATE OF CALIFORNIA vs. i�r84 OCT 51982 CRIMINAL COMPLAIMIrICIPAL COURT OFCALIFORNIA (Felony) SUSAN ELIZABETH PIERCE, COUNTY OF CONTRA COSTA W'D"'O JUDICIAL OISTRICT MARILYN R.ECK. CLERK Defendant(s).� 11379 (a) STATE OF CALIFORNIA ti SS. COUNTY OF CONTRA COSTA The undersigned states, on information and belief, that SUSAN ELIZABETH PIERCE, defendant(s) , did commit the crime of Felony, to wit: VIOLATION OF SECTION 11379(a) of the CALIFORNIA HEALTH AND SAFETY CODE (Transfer or Sell Controlled Substance) in that said defendant(s) on or about August 16, 1982, at Concord in Contra Costa County,. State of California, did then and there unlawfully, wilfully and feloniously sell and furnish a controlled substance, to wit : Methamphetamine MATTER CONTINUE0" M.; pgFgNDAN7 REFERRED TO PUBLIC DEFENDER- OR C ...._...._.. . AT ................. . TO .............. •................ ,T ACCEPTANCE AND Complainant requests that defendant(s) be dealt with according to law. I declare under penalty of perjury that the foregoing is true and correct. Dated: October 1, 1982 at Concord, California. DARRELL J . CAMPBELL/J p _ Complainant/Agency Deputy District Attorney Detective Branum (CRIMINAL COMPLAINT •973 P.C.) Contra Costa Co . Sheriff 's Office bA_iOAA ) Rev. g/7C, ! o ni o. j Q Cs • n m i i • • ° � n m nn t � p •` - � � gin •. � # °. � :. t � • � d ID D_ ? m ;i M� � • < _O.O_ i r � � O J i^ M m 3 • O.. •" O. O • I� j ,l. 0..m Q O • ;'{O Q n iT Ny H O O • � + • 7{7 O m In �ry • 0/Y or rn O . •' C1 �1 a o tr zr p M �0 j • G, c 7Qq n'« e E TOO-. >n z z � o �r ' A D Q ] • CL E °' Q 91 Om: f rN aDI C1 a d o D O D 7QU y w N e' r a.;u G1 nfb " 3 �; O coZ � O LA • S O v � x �- in ; O 00 m m 5a o y• Hsi n ^ t) cr i � t c c u ( - =� � CLn eTe•i K�.a m ;a u• p IA f1 «D n._ p } � __��rnj _ .__ � .T _ ._y............._...,.. .v...•t^cwi x Of T,/M m a4A0oIOU - P4 O o > > = p T -4o DZ §� ° n ' c D CL 3: cn f1 z fi q D Z m ♦ � - Q .r 4 NN + O t!' m �' y z ' �V� M H 1^ 7O O O 0. �{ \ �► K •. ry Z to .moi 2 Z O' fpa > D D C o ? —+ �� ♦ 71l A Cz m o v �1 N M N N p ? m = O m C3 QQ 0 D oacoM ` y. w .4 - m 0 {� s 4 a T a m W h O P2m F— M m S Ct CDD n � < oA '""�•M•�Y.•..µ1t4.il� r ity�1i3t1Eitr#ai.+.c'«of.:�i,:IYiiY:iidld�"•11PLvtw2t. .;:`-Wi�b1'.1tE Ub:a.�. .... .4 ::t.._..«�:aY��. r.. ,.:.t1^.sil+ty Y'A`d=tt>i4(:t1.A1'i:Pw��t '-• ,..., _^_.iisstrnfi•aim3�r'`ns_� _ .^� i.;'. ...�` �a3::ii;,,, yx.luiFs�•�s��-i` �;�._-....r."��i��sm Twiirt�.n�• .11�1� �• . . '�'F'x!T� I '�i' ili��aJOi'�'.L 4�y'F�Y1:�b.1Y�}1'�rs�ei 1�L.,(.moi S...Y'<4.}.�.;-'♦..,r.��_^.t .�.t '•`�J:s"QJ;t^'.�"fai. _ .f �v'. nKreo 4nc7 protni,ii as felkeWei FAtS`T ~TO PAY TO TRZ SECOND PARTY THE SUM OF premium for and upu.. .... axecutioa of said Flail Bond aa,: a like sum,annually in advance each year hereafter until the.Surety shall be legally discharged from all liability thereunder, and tq psy to the Second Party guard fees and chargee for extraordinary services, if any. • The said premium shall be regarded as fully earned immediately upon the filing of said Ball Bond,and the fact that the Defendant may have been improperly taken into custody or his Bail reduced,or his cause dismissed forthwith shall not obligate the Second Party to wain oz return said premium or any•portion thereof. SECOND To indemnify and to at all times save harmless the Second Party or the Surety from and against any and all liability, demands, ez penses, attorney's fees. debts, damages, judgments, or losses of every kind, character or nature that the Second Party or the Surety steal: or may at any time or for any cause sustain, incur or be put to by reason of the execution or the arranging or obtaining the execution od the bail bond aforementioned or any renewal thereof or any bond issued in continuance thereof or as a substitute therefor; to pay to the Second Party or the Surety immediately upon demand the penal a^curt of said bail bond whenever the Second Party or the Surety deemz such payment necessary for protection,upon any change of condition which increases the hazard,which sum shall be retained and used by the Second Party or the Surety as security hereunder; TO PAY TO THE SECOND PARTY OR THE SURETY IMMEDIATELY UPON TH DECLARATION OF FORFEITURE OF SAID BAIL BOND THE PENAL A.NOUNT THEREOF. THIRD To aid and cooperate with the Second Party or the Surety in securing the release or exoneration of the Second Party or the Surety from any or all liability under said bail bond, including the surrender of the Defendant to the custody of the court should the Second Part,- or art;or the Surety in its sole discretion deem such action necessary or advisable, and even though such surrender may have been made befor the bail bond has been forfeited or any liability incurred thereon by the Second Party or the Surety and no obligation shall exist on the par of the Second Party or the Surety to return or waive the premium or any portion thereof, except as may be otherwise required by law w the rules of the Insurance Commissioner. FOURTH To reimburse the Second Party or the Surety,in an amount not to exceed the penal amount of the bail bond, for any and all expense or Iiabilities incurred in searching for,recapturing or returning the Defendant to the custody of the Court, including salaries of employee- during the time spent apprehending or endeavoring to apprehend the Defendant,expenses for private detectives rewards,traveling expenaer telegrams, telephone cal a, automobile expenses, railroad fares, meals and any and all other expenses or liabilities incurred by the Seton Party or the Surety as necessary or incidental in apprehending or in endeavoring to apprehend the Defendant. including also liability fo attorney's fees incurred by the Second Party or the Surety in making application to the Court for an order to vacate or set aside the orde of forfeiture or the judgment entered thereon and even though such expenses may have been incurred before any order had been made for feiting.said bail bond or even though such expenses may have been Incurred after the time for the setting aside of the forfeiture declare upon the said bail bond shall'have expired; that an itemized statement of such expenses sworn to by the Second Party or any officer r attorney-in-fact of the Surety shall be accepted as prima facie evidence of the fact and extent of such expenses is any and all suits hereunder FUTH This agreement shall apply to any and all other Bail Bonds executed for the Defendant on the same charge for which the abov mentioned Bail Bond was executed or as other charge connected therewith or arising out of the same general transaction or cireuw stances regardless of whether said Bail any or Bonds are filed before or after conviction or on appea4 but not in a creator •moan` SIXTH That any and all money or other property which the undersigned or any of them have paid or deposited or may pay or deposit crit the Second Party or the Surety, or which is or may at any time be in the bands of the Second Party or the Surety belonging to th- undersigned, may be held by the Second Party or the Surety as collateral or at the option of the Second Party or the Surety may b applied as collateral security or indemnity for the matters contained herein or any of them. But nothing herein shall be a waiver bT 6 depositor of any money or property or by any guarantor of any ;right or rights he may have or shall hereafter acquire in connection that'. with as against the Surety. SEVENTH To pay the Second Party or the Surety as attorney's fees in the event of suit hereunder for breach of this agreement a sum equal t twenty percent (200/.) of the amount due the Second Party or the Surety under this indemnity agreement, but, in no event shall such a' torney's fee be less than the sum of Twenty-five Dollars ($25.00). EIGHTH In making application for the hereinabove described Bail Bond we warrant all of the statements made on the reverse of this page to i true and we agree to advise the Second Party or the Surety or its agent of any change (especially change of address) within 48 hours aftc such change has occurred and agree that any failure to so notify shall be cause for the immediate surrender of the defendant IN WITNESS WHEREOF THE UNDERSIGNED DO HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING AGREEMENT' AND VERILY STATE THAT THEY AND EACH OF THEM HAVE CAREFULLY READ THE SA=ANDUNDERSTAND THI CONTENTS THEREOF. ^ , and do now set their hand this___ . !. " _ ._.day of-- ANY �j f _ANYjCAUSES BUND i ON 0 BE FORFEITED WHATSo FArt............__.__Address.. (CO SIG ER) DANT AND 1 3i$4- A770R z LIABLE OR UONE ,- i7t eflNR. .. �—Address. PLEASE READ CAREFULLY AND TAKE COPY :'His FORM-MUST BE CONNED AND DELIVERED TO DEFT 40ANT AND EACH INDEMNITOR. ` (Section 208A, Ruling 76, Insurance Commissioner) BAIL BOND AGREEMENT WHE EAS, the undersigned, hereinafter called the First Parties, whether one or more, have made or do now make application to _ ...hereinafter called the Second Party, to have executed or secure the ocutio by the NATIONAL AUTOMOBILE AND CASUALTY INSUR CE CO., a eorporatio hereinafter called the Surety, of a Ball and in the penal sum of �-.�on behalf of reinafter called the Defendant, and WHEREAS, upon and with the es rens understanding and condition that this agreement would be executed by the First Parties, the 2cond Party has heretofore arranged for the execution of said Bail Bond or does hereby agree to arrange for the execution of the same. NOW THEREFORE,in consideration of the Second Party arranging for the execution of the Bail Bond aforementioned or in the event at said Bail Bond shall already have been executed and the Defendant released from custody thereon, then and for and in consideration : the Second Party causing the Surety to permit the Defendant to remain for the time being free from the custody of the Court under .id Bail Bond, the First Parties and each of them do hereby Jointly and severally agree and promise as follows: FIRST TO PAY TO THE SECOND PARTY THE SUM OF sl��r_�p.ae premium for and upon the execution of said Ball Bond and like sum annually in advance each year hereafter until the Surety shall be legally discharged from all liability thereunder, and to pay to i Second Party guard fees and chargee for extraordinary services, if any. The said premium shall be regarded as fully earned immediately upon the filing of said Bail Bored,and the fact that the Defendant may ve been improperly taken into custody or his Bail reduced,or his cause dismissed forthwith shall not obligate the Second Party to waive or urn said premium or any portion thereof. SECOND To indemnify and to at all times save harmless the Second Party or the Surety from and against any and all liability, demands, ex- naes, attorney's fees, debts, damages, judgments, or losses of every kind, character or nature that the Second Party or the Surety shall may at any time or for any cause sustain, incur or be put to by reason of the execution or the arranging or obtaining the execution of i bail bond aforementioned or any renewal thereof or an3'r bond issued in continuance thereof or as a substitute therefor; to pay to the coed Party or the Surety immediately upon demand the penal arnnunt of said bail bond whenever the Second Party or the Surety deems �h payment necessary for protection,upon any change of condition which increases the hazard,which sum shall be retained and used by the ,cond Party or the Surety as security hereunder; TO PAY' TO THE SECOND PARTY OR THE SURETY IMMEDIATELY UPON THE ?.CLARATION OF FORFEITURE OF SAID BAIL BOND THE PENAL AMOUNT THEREOF. THIRD To aid and cooperate with the Second Party or the Surety in securing the release or exoneration of the Second Party or the Surety om any or all liability under said bail bond, including the surrender of the Defendant to the custody of the court should the Second Party the Surety in its sole discretion deem such action necessary or advisable, and even though such surrender may have been made before bail bond has been forfeited or any liability incurred thereon by the Second Party or the Surety and no obligation shall exist on the part the Second Party or the Surety to return or waive the premium or any portion thereof, except as may be otherwise required by law or a rules of the Insurance Commissioner. FOURTH To reimburse the Second Party or the Surety,in an amount not to exceed the penal amount of the bail bond, for an and all expensin liabilities incurred in searching for.recapturing or returning the Defendant to the custody of the Court, including salaries of employees .ring the time spent apprehending or endeavoring to apprehend the Defendant,expenses for private detectives,rewards,travelin sz�enava :egrams, telephone calls, automobbile expenses, railroad fares, meals and any and all other expenses or liabilities incurred by Th Seconj .rty or the Surety as necessary or incidental in apprehending or in endeavoring to apprehend the Defendant, including also liability for tarney's fees incurred by the Second Party or the Surety in making application to the Court for an order to vacate or set aside the order forfeiture or the Judgment entered thereon and even though such expenses may have been incurred before any order had been made for- Ming said bail bond or even though such expenses may have been incurred after the time for the setting aside of the forfeiture declared in the said bail bond shall have expired; that an itemized statement of such expenses sworn to by the Second Party or any of loer or Amey-in-tact of the Surety shall be accepted as prima facie evidence of the fact and extent of such expenses in any and all suits hereunder. FIFTH This agreement shall apply to any and all other Ball Bonds executed for the Defendant on the same charge for which the above entioned Bail Bond was executed or any other charge connected therewith or arising out of the same aenerai transaction or elrenat- antes regardless of whether said Bail Bond or Bands are filed before or after conviction or on appeal, but not in a greater amouAL SIXTH That any and all money or other property which the undersigned or any of them have paid or deposited or may pay or deposit with e Second Party or the Surety, or which is or may at any time be in the hands of the Second Party or the Surety belonging to the :dersigned, may be held by the Second Party or the Surety as collateral or at the option of the Second,Party or the Surety may be ,plied as collateral security or indemnity for the matters contained herein or any of them. But nothing herein shall be a waiver by the :poaitor of any man�p or property or by any guarantor o1 any right or rights he may have or shall hereafter acquire in connection ith as against the Surety. • SEVENTH To pay the Second Party or the Surety as attorney's fees in the event of suit hereunder for breach of this agreement a sum equal to venty percent (20%) of the amount due the Second Party or the Surety under this indemnity agreement, but, in no event shall such at- I•ney's fee be less than the sum of Twenty-five Dollars ($25.00). EIGHTH In making application for the hereinabove described Bail Bond we warrant all of the statements made on the reverse of this page to be :us and we agree to advise the Second Party or the Surety or its agent of any change (especially change of address) within 48 hours after sch change has occurred and agree that any failure to so notify shall be cause for the immediate surrender of the defendant IN WITNE8gQ WHER$ p THE Z.':,tlE'?: '.�`:Et1 DO HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING AGREEMENT .PID. VERILY NA T# T TitE,,• ;p ti...'it OF THEM HAVE CAREFULLY READ THE aJE AND UNDERSTAND THE ;ONTENTS THER F� 1 ~ CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ,i NOTICE TO CLAIMANT April 16,1984 governed by the Board of Supervisors, ) The copy of this document mailed 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 "Warnings". Claimant: Bruce Lockett County Counsel Attorney: Lewis M. Koss MAR 18 1985 15233 Ventura-Blvd. , Suite 1010 Address: Sherman Oaks, CA 91403 Martinez, CA 94553 Amount: $500,000.00 By delivery to clerk on Date Received: March 13, 1985 By mail, postmarked on March 11, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ' Dated: . March 13, 1985 PHIL BATCHELOR, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: 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: - --3-?^ - 5 By: 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 ORDER By unanimous vote of Supervisors present (}d' 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. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months Prem 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 leav to present a late claim was mailed to claimant. DATED: /� � PHIL BATCHELOR, Clerk, By ?7a, , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM FR �D LEWIS M. ROSS , ESQUIRE Attorney-at-Law MAR /-31985 2 1523.3 Ventura Boulevard 00 Suite 1 010 /NA!AT NELPE E CONfR BUA�0 On 3 Sherman Oaks, California 91403 e (818) 986-0826 4 5 IN THE MATTER OF CLAIM OF ) STATUTORY STATEMENT OF CLAIM 6 BRUCE LOCKETT AGAINST ) GOVERNMENT CODE SECTIONS 905 7 THE CITY OF CONCORD; COUNTY ) ET SEQ. OF CONTRA COSTA ; AND STATE ) 8 OF CALIFORNIA ) 9 10 TO: CITY OF CONCORD, BOARD OF SUPERVISORS; THE STATE OF 11 CALIFORNIA ; COUNTY OF CONTRA .COSTA, . 12 BRUCE L. LOCKETT , by and through his attorney, LEWIS M. 13 ROSS , ESQUIRE, hereby makes claim against THE CITY OF CONCORD, 14 COUNTY OF CONTRA COSTA, AND STATE OF CALIFORNIA for the sum of 15 $500, 000.00 and makes the following statements in support of the 16 claim: 17 1. Claimant's post office address is 2245 Charlotte Avenue, 18 Concord , California 94.518. 19 2. Notice concerning the claim should be sent to LEWIS M. 20 MOSS, ESQUIRE, Suite 1010, 15233 Ventura Boulevard , Sherman Oaks, 21 California 91403. 22 3. The date and place of the occurrence giving rise to this 23 claim is January 5, 1985 on San Miguel Road, near Lanway Court , 24 City of Concord , Contra Costa County, California . 25 4. The circumstances giving rise to the claim are as 26 follows: 27 At the above time and place , claimant was a lawful 28 passenger in the vehicle driven by Mark David Altvater, and owned I by Craig I. Hosler , when the vehicle was caused to fal l off the 2 road into a deep gultch, causing severe injuries to claimant . 3 The road was not equipped with safety rails or any other 4 protections to prevent a vehicle from falling in this manner . 5 The road in which this accident occurred was also negligently 6 designed and engineered , did not have proper safety guards or 7 barriers so as to proximately cause the vehicle to fall into the 8 gultch as indicated , causing Bruce Lockett severe injuries. 9 5. Claimant 's injuries are his temporary and permanent 10 personal injuries , psychological injuries and medical 11 expenditures in connection with the above. The documentation 12 supporting the foregoing have not yet been received at this point 13 but the same will be furnished upon receipt . 14 6. The names of the public employees causing the claimant's 15 injuries, are the personnel in charge of road design, maintenance 16 and engineering . Their names are unknown at present. 17 7 . The sum sought as of the date of this claim is 18 $500, 000. 00. 19 8. The basis of computation of the above amount is the 20 Medical Expenses incurred , the personal injuries suffered , the 21 pain and suffering sustained, as well as the permanency of the 22 injuries. Claimant further submits that his general damages for 23 the injuries both physical and psychological are $500,000.00. 24 DATED February 14, 1985. 2.5 26 27 LEWIS M. ROSS , SQUIRE Attorney for aimant , 28 Bruce L. Loc tt 2 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ' BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 16, 1985 governed by the Board of Supervisors, ) The copy oft s document mailed 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 U, and 915. O Claimant: Nancy Deglymes-DeHollebecque ;► impoto all "Warnings". Attorney: David M. Birka-white MAR 18 1985 Birka-white &_Doyle CA. 9455 Address: 2500 Old Crow Canyon Rd. , Suite 125 Martinez, San Ramon, CA 94583 Hand-delivered Amount: $50,000.00 By delivery to clerk on March 13, 1985 Date Received: March 13, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 13, 1985 PHIL BATCHELOR, Clerk, By Deputy Jo ene Edwards II. FROM: County Counsel : Clerk of the Board of Supervisors (Check only one) (� ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The -Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimants right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: e , r , 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 ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the ard's Order entered in its minutes for this date. Dated: 1, -L -CL PHIL BATCHELOR, Clerk, By , Deputy Clerk .==C===0=X==M C4." � a WARNING (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 Boardts copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leav to pr ent a late claim was mailed to claimant. DATED: �( � PHIL BATCHELOR, Clerk, By d , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM 1 David M. Birka-White ECEI V7EDBIRKA-WHITE & DOYLE rAAR �32 2500 Old Crow Canyon Road 1 Suite 125 San Ramon California 9 4 5 8 3 PHIL BATCHELOR 3 CLERK ROARS OF SUPERVISORS (415) 820-5422 coT cosTAco. 4 Attorney for Plaintiff 5 ...... 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 NANCY DEGLYMES-DE HOLLEBECQUE, ) 11 Plaintiff, ) CLAIM AGAINST PUBLIC ENTITY 12 VS. ) 13 COUNTY OF CONTRA COSTA and DOES ) 1 - X, inclusive , ) 14 ) Defendants. ) 15 ) 16 TO THE COUNTY OF CONTRA., COSTA: 17 NANCY DEGLYMES-DE HOLLEBECQUE hereby makes claim against 18 the County of Contra Costa for the sum of $50 ,000 and makes the 19 following statements in support of the claim: 20 1. Claimant' s post office address is 20 El Camino Terrace , 21 Walnut Creek, California 94596. 22 2 . Notices concerning the claim should be sent to the law 23 offices of BIRKA-WHITE & DOYLE , counsel for claimant at 2500 Old 24 Crow Canyon Road, Suite .125 , San Ramon, California. 25 3. The date and place of the injuries giving rise to this 26 claim are December 11, 1984 at the intersection of El Camino 27 Terrace and E1 Camino Corto. 28 4. The circumstances giving rise to this claim are as ..y s 1 follows : At the site of the accident at the intersection of E1 2 Camino Terrace and E1 Camino Corto there is an unsafe sharp 3 curve northbound on E1 Camino Corto immmediately prior to E1 4 Camino Terrace. Additionally, there is a dirt embankment 5 approximately twenty feet in height on the right-hand side of 6 El Camino Corto immediately prior to E1 Camino -Terrace creating 7 an unsafe blind curve. These conditions are dangerous and 8 contributed to an automobile accident between Stephen Marshal 9 Rouge and plaintiff. i0 5. The injuries are, among other things , to plaintiff 11 severe rib injuries on left side , severe contusions , difficulty 12 breathing due to rib :injuries ; dizziness and nausea; severe 13 headaches; neck and back injuries. Said accident took place 1.4 while plaintiff was pregnant and has caused severe emotional 15 distress concerning the health and well-being of the fetus . 16 6. The names of the public employees causing the claimant' s 17 injuries are unknown. 18 7. Plaintiff ' s claim as of the date of this claim is 19 $50 ,000 . 20 8. The basis of the computation of the above is as follows : 21 Medical Expenses Incurred to Date (According to Proof) : $500-1,000 22 Estimated Future Medical 23 Expenses : unknown 24 Wage Loss : Exact Amount unknown 25 General Damages : In Excess of $45 ,000 26 DATED: March 12 , 1985 27 28 / 9WID-My. HITE, Attorney for Cl imant/P aintiff