HomeMy WebLinkAboutMINUTES - 04091985 - 1.31 CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA aRM, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT
April 9, 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: Sarah E. Platt
Counilii Counsel
Attorney: Donald R. Platt, Esq FEB 2 8 1985
1500 Newell Ave. , Suite 306
Address: Walnut Creek, CA 94596 Martinez, CA 94553
Amount: $450.00 By delivery to clerk on
Date Received: February 27, 1985 By mail, postmarked on February 26, 1985
I. FROM: Clerk of the Board of Supero sor4 TO: County Counsel
Attached is a copy of he above-noted,,, c aim.
Dated: February 27, 1985 PHIL, BATCHELOR, tCYer�, By ieLa� Deputy
`mow Jolene Edwards
II. FROM: County Counsel -1 i TO: Clerk of the Board of Supervisors
(Check only one)
( �) This claim complies sutstantially kith ctions 910 and 910.2.
r...
( ) This claim FAILS to cofnplj' substantially with Sections 910 and 910.2, and we are
so notifying claimant� - The Board da'Anot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: _ By: Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) County ounsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
(def 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. ,(//_q_j/S PHIL BATCHELOR Clerk' By . o�ih-n (/,�� _ �, , 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: �S� PHIL BATCHELOR, Clerk, By Deputy Clerk
ee: County Administrator (2) County Counsel (1)
CLAIM
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CON*nqWYapplication to:
"• Instructions to ClaimantC!erk of the Board
Martinez,California 94553
A. Claims relating to causes of_ action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez, California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separa--e claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
his form.
RE: Claim by )Reserved foClerk' s filing stamps
SARAH E. PLATT )
RECEIVED
Against the COUNTY OF CONTRA COSTA) FEB ,Z 7 1985
or DISTRICT)
-(Fill in name ) PHK BATGNEtoR
/JCL_E1K5QARDZ SUPERVIO RS
CONTRS A
The undersigned claimant hereby makes claim aga R ' ntra
Costa or the above-named District in the sum of $ 450. 00
and in support of this claim represents as follows:
�. When did the damage or injury occur?- (Give exact date and hour]
On or about December 1, 1984
�. Where did-the damage or injury occur? (include city ana-county ----
200 Camino Encanto
Danville, Contra Costa County, California
- ----------------r- Hw Hid
--t-h-e---da-m--age---o-r-injury occur? -Gve-?all
---T --------------
details, use extra
sheets if required) Construction of a drainage ditch behind the above-
mentioned home and those adjacent to it began in the summer of 1984 .
�1L Part of this construction included removing dirt to a depth of greater
than 8 feet below the previous level of the back yards that border the
a ditch. Due to the amount of dirt removed, both in depth and width, (cont)
4. What particular act or omission on the .part of county or district
officers , servants or employees caused the injury or damage?
SEE ATTACHED SHEET
(over)
5. , What are the names of county or district officers, servants or
._,employees causing the damage or injury?
LTTTON CONSTPU.CTI.ON
-- -- --d- -----s--:--------------------------- --------------------
6.--Wh-at amage-------or in3uries do you claim resulted? Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage) Damage to the rear fence is so extensive, due to boards
that have already fallen into the ditch and the instability of the
remaining boards and posts that a new fence will be necessary.
7. H---ow--was------the--------amount--------claimed-----above-----computed?---------(Includ-----e-----
the e---sti-------mated---
amount of any prospective injury or damage. )
Estimated amount to replace the back fence : $450. 00
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
9.
is the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
. 2-2,4-85 concrete $80. 00
**************************************************************************
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. "
Name and Address of Attorney
Donald P. Platt, Esq. Claimant s Signature
1500 Newell Ave. Suite 306 700 Camino Fnnantn
Walnut Creek, CA 94596 Address
�an:�i1TQ�1 9A521.
934-2313
Telephone No. Telephone No. 833-8568
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. "
#3 continued
my fence no longer had any ground to support it. Now several fence
boards have fallen into the ditch and the portions of fence that
remain are extremely unstable because of the amount of dirt removed
and the erosion effects of recent rains.
#4
When dirt was removed from the existing marshy area to construct the
drainage ditch., it was dug in a V shape leaving my fence at the top
of one leg of the V with no support.
/, 3/
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT April 9, 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: Patricia and Michael Done
County Counsel
Attorney: Alvin E. Tabor
Ryan, Tabor &_Tabor f.1AR 1 1 1985
Address: 680 Beach Street, Suite 324
San Francisco, CA 94109 Via County Counsel Martinez, CA 94553.
Amount: $1,250,000.00 By delivery to clerk on March 7, 1985
Date Received: March 7, 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 7, 1985 PHIL BATCHELOR, Clerk, By Deputy
61 Jolene Edwards
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
04�This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: By: Deputy County Counsel
.III. FROM: Clerk of the Board TO: (1) County ounsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
(>4 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 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.
DATID: 2!_ �,� PHIL BATCHELOR, Clerk, By , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
C0u11hv
�D�nse�
1 RYAN, TABOR & TABOR I'%?
Attorneys at Law 0 ,67985
2 680 Beach Street Ma�tige1' Q 945
3 Suite 324 53
San Francisco, California . 94109
4 (415) 673-2300
5 Attorneys for Claimant
nc.0
6 RECEIVED
7
s
MAR 7 1985
soLMlIAI�SA,TTMO!
SUMMM
D F rpo a
10 PATRICIA DONE, (o
MICHAEL DONE,
11
Claimants,
12 CLAIM FOR DAMAGES
vs.
13
CITY OF MARTINEZ,
14 COUNTY OF CONTRA
COSTA, STATE OF
15 CALIFORNIA. /
16 PATRICIA DONE presents her. claim for damages, .pursuant
17 to: Government Code= Sections 905 and 910, -as'-foYlows--- ..
18
19 A. Name and address of claimants: Patricia Done, 112
20 Arana Dr. , Martinez, California 94553.
21 B. Address of person to whom notices are to be sent:
22 Ryan, Tabor & Tabor, 680 Beach St. , Suite 324, San Francisco,
23 California.
24 C. Date, place and circumstances of the occurrence:
25 Claimant Patricia Done was the driver of a motor vehicle on
26 January 7, 1985, and was involved in an accident with another
27 automobile at the intersection of Morello Avenue and Highway 4
28 off-ramp, City of Martinez, County of Contra Costa, State of
RYAN&TABOR
ATTORNEYS AT LAW
MO BEACH ST.,SUITE 371
SAN FRAftr,;r1_CA.II"
1 California. At that time the signal lights, among other things,
2 were not safely timed . :
3 D. Public employees responsible: Unknown to date.
4 E. Description of injury and damages: Patricia 'Done had
5 multiple cuts and bruises as well as injury to neck and shoulder
6 F. Amount of claim: Medical bills unknown to date.
7 General damages in the amount of $250,000.00.
8 MICHAEL DONE presents the following claim for damages:
9 A. Michael Done, 112 Arana Dr., Martinez, California
10 94553.
11 B. Address of person to whom notices are to be sent:
12 Ryan, Tabor & Tabor, 680 Beach St., Suite 324, San Francisco,
i3 California.
14 C. Date, place and circumstances of the occurrence:
15 Michael Done was a passenger in the car being driven by
16 Patricia Done.
17 D. Description of injury and damages : Michael Done had
18 a head injury.
i9 F. Amount of claim: Medical bills unknown to date.
20 General damages in the amount of one million dollars.
21 DATE): rlarch 1 , 1985 RYAN, TABOR & TABOR
22 By &:/
�3 ALVIN E. TABOR
Attorney for Claimants
24
25
26
27
28
RYAN 6 TABOR 2
ATTORNEYS AT LAW
1110%EACH ST.,SUITE 741
SAN FRANCISCO,CA 14101
1.151 6774700
1.3/
' APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT April 9, 1985
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to ) the 'Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911.8 and
915.4. Please note the "WARNING" below.
Claimant: Heinz Hofmann Couniy Counsel
Attorney: Stephen G. Chandler, Esq., H A R 0 7 1985
Chandler, Bruner, Combrink & Ricks
Address: 1330 East 14th Street Martinez, CA 94553
San Leandro, CA 94
Amount: $25,000.00 .� � \Bydelivery to Clerk on
Date Received: March 1985mail, postmarked on March 4, 1985
I. FROM: Clerk o the? Board ,of �, isors TO: County Counsel
Attached is a cop of the abov6,pale
V Application to File Late Claim.
DATED: March 6, 1985 ILBATCHFLOR,'1—.e,, By Deputy
Jolene Edwards
II. FROM: County Counsel :'; ��' TO: Clerk of the Board of Supervisors
( ) The Board should grant j�Application to File Late Claim (Section 911.6).
The Board should jeny this Application to File Late Claim (Section 911.6).
DATED: a-7—y$ VICTOR WESTMAN, County Counsel, ByDeputy�f"id /'a�A
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6).
lxl This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: PHIL BATCHELOR, Clerk, By Deputy
WARNING (Gov. Code 5911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you Pram the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for rleave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection With this
matter. If you want to consult an attorney, u should do so immediately.
IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: ' �5' PHIL BATCHELOR, Clerk, By 4.o Deputy
V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
L
DECLARATION OF STEPHEN G. CHANDLER
IN SUPPORT OF
APPLICATION TO FILE A LATE CLAIM
I, STEPHEN G. CHANDLER, declare:
1. That I am the attorney for claimant and that I was hired
by said claimant to represent him from and after the first week
of January, 1985.
2. That on or about January 19, 1985 , I researched claimant's
case by examining the file of Joyce A. Harrison v. HEINZ HOFMANN
and which file is located at the Municipal Court of California,
Walnut Creek-Danville Judicial District, and which action bears
the Case No. SC 62934.
3. That when I examined said file, I discovered for the first
time that a proof of service had been filed which alleged that the
Order for Appearance and Examination had been served upon claimant.
4. That upon learning this information, I immediately informed
plaintiff who stated that was the first time he had ever heard
that fact. My client insisted that he was never served with an
Order for Appearance and Examination.
I certify under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
Executed on March 4, 1985 at San Leandro, California.
STEPHEN G. CHANDLER, ESQ.
ion
RECEIVED
MAR t 1985
PHIL BATC LOR
K BOARD PERVISO
CONTRA A
CLAIM TO: BOARD OF .SUPERVISORS OF CONTRA CO§ rr% Yapp1ication to:
Instructions to ClaimantVerk of the Board
4&ai"05� e 's
M rtinez,Calitomia 94553
A. Claims relating to causes of action for death or or injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street: Martinez, California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .
E. Fraud. See penalty for fraudulent claims, Penal Code Se:. 72 at end
or this form.
RE: Claim by )Reserved for Clerk's filing stamps
HEINZ HOFMANN ) '
' RECEIVED
Against the COUNTY OF CONTRA COSTA) MAR l 1985
or DISTRICT)
___Will in name ) PHIL D E ER
hONTIRA.
BOAD rEL
6 A O.
The undersigned claimant hereby makes claim agains a
Costa or the above-named District in the sum of
. and in support of this claim represents as follows:
�. -When did the damage or injury occur? (Give exact date ani hour]
September 17, 1984
'�. W�iere did tie damage or Injury occur? �Inc�ude city and countyS
Municipal Court of California (County of Contra Costa)
Walnut Creek-Danville Judicial District
640 YgAacio Valley-:Road;. Walnut Creek, .C�, 94596
-+------------------'mage
T-T--------------T--- - T -------------
3. How did the damrage or injury occur? (Give uii-details, use extra
sheets if required) A bench warrant was issued for the arrest of
claimant. Claimant was, in fact, arrested pursuant to said bench
warrant. Said bench warrant was invalid due to the fact that plaintiff
was never served with an Order to Appear at an Examination.
(See ##3 on attachment. )
4. What particular act or omission on the rt paoi= county or district
officers, servants or employees caused the injury or damage?
JUDGE PHELAN of said Municipal Court and the CLERK of said Municipal
Court either knew, or should have known, that claimant was never
served with an Order to Appear at an Examination.
(See #f4 on attachment. )
(over)
5. What are the names of county or district officers, servants or.
employees causing the damage or injury?
JUDGE PHELAN and CLERK of said Municipal Court.
Officer RICHARD JAMES of the Marshall' s office.
Sargeants of the Marshall' s office, DON TH014AS and GLENN BARLEY
6. . What damage or in3uries do you claim resulted? ��ive full extent
of injuries or damages claimed. Attach two estimates for auto
damage) False imprisonment; false arrest; abuse of process; loss of
personal liberty; infliction of mental distress ; humiliation;
embarrassment and. )the loss of two key employees.
--------------------------------------------------------- --
7. How was the amount claimed above computed? (Include the estimate
amount of any prospective injury or damage. )
Amount claimed is based on an empirical study of recoveries in this
type of action.
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
HEINZ HOFMANN Joyce Harrison
1280 Pine Street .37 Oceanview Drive
Walnut Greek, CA 94596 Pi;:tsuur�;, CA 94565
3. List the expenditures you made-a;-;KEEnt of this accident or in3ury:
DATE ITEM AMOUNT
"February 11, .1985 Filing fee Superior Court $ 102. 00
Govt. Code Sec. 910.2 provides :
"The laim igned by the claimant
SEND NOTICES TO: (Attorney) or, b ome r on on his behalf. "
Name and Address of AttorneyVwk
STEPHEN G. CHANDLER, ESQ. a nt Signatmfe
CHANDLER, BRUNER, DOMBRINK & RICKS 12FM i
A Professional Corporation Address
1330 East 14th Street VJaln_ utCreek,,._CA_- •;9 4596
San Leandro, CA 94577
(415) 433-1444 '.•- ;,` °': .. (4151 939-3363
**************************************************************************
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for aliowa�nce 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. "
CLAIM AGAINST PUBLIC ENTITY
Claimant:
HEINZ HOFMANN
c/o CHANDLER, BRUNER, DOMBRINK & RICKS
STEPHEN G. CHANDLER, ESQ.
1330 East 14th Street
San Leandro, California 94577
Defendants:
COUNTY OF CONTRA COSTA;
CLERK OF MUNICIPAL COURT OF CALIFORNIA,
WALNUT CREEK-DANVILLE JUDICIAL DISTRICT;
and JUDGE; PHELAN, JUDGE OF MUNICIPAL
COURT OF CALIFORNIA, WALNUT CREEK-
DANVILLE JUDICIAL DISTRICT;
OFFICER RICHARD JAMES OF THE MARSHALL' S
OFFICE; and
SARGEANTS DON THOMAS and GLENN BARLEY OF
THE MARSHALL' S OFFICE.
Date of Incident:
:September 17, 1984
Circumstances:
Claimant was arrested pursuant to a bench warrant issued by the
MUNICIPAL COURT OF CALIFORNIA, WALNUT CREEK-DANVILLE JUDICIAL
DISTRICT. Claimant was never served with an Order to Appear at
an Examination. Claimant had satisfied the underlying judgment
prior to the issuance of the Order to Appear at an Examination.
Defendants knew, or should have known, that claimant was never
served with an Order to Appear at an Examination. Defendants
knew, or should have known, that claimant already had satisfied
the small claims judgment rendered against him.
Injury:
Severe embarassment and extreme mental anguish; two key employees
left claimant' s business due to the incident; unlawful confinement
and arrest of claimant against claimant' s will.
Amount:
$25 ,000 .00
Dated: March 4, 1985
CHANDLER, BRUNER, DOMBRINK & RICKS
A Professional Corporation
By
STEPHE G. C ER Att rney for
Claimant HEINZ HOFMANN
ATTACHMENT
#3. (continued)
No bench warrant should have been issued since claimant had satisfied
the underlying judgment in full and no one had informed claimant,
prior to his arrest, that he still owed $3. 72 interest.
#4. (continued)
Officer Richard James of the Marshall's office never served claimant
with an order to appear at an examination despite said officer's
affidavit of personal service to the contrary. Sargeants DON THOMAS
and GLENN BARLEY failed to adequately supervise Officer RICHARD
JAMES.
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT April 9, 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: Kimberly Hearn COUnty COunSei
4714 Meadowbrook Drive
Attorney: Richmond, CA 94803 11AR 11 1985
Address: Martinez, CA 9455
Hand-Delivered
Amount: $158.93 By delivery to clerk on Marrh a, 1985
Date Received: March 8, 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.
March 8, 1985 PHIL BATCHELOR Clerk Deputy
Dated: , , By y
*Jone Edwards
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
(y4�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: Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) Co y 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
(7� 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.
6'Dated: _ PHIL BATCHELOR, Clerk, By .� of , Deputy Clerk
_ WARNING (Gov. Code Section 913)
Subjept 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 Goverrment 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. aimant. .
DATED PHIL BATCHELOR, Clerk, By ,/Zn, d , 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 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 f Clerk' s iling stamps
Kimberly Hearn )
Against the COUNTY OF CONTRA COSTA)
um F
or DISTRICT)
(Fill in name) ) �`£R'C011.;V. ,M W
B
The undersigned claimant hereby Makes claim against the Cour y-of Contra
Costa or the above-named District in the sum of $ /5-9.
and in support of this claim represents as follows:
------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
9 :59 a.m. 2/14/85
-----f-----"3r -----------------------------------------------------------
injury
--------------------------------------------
2. Where did the damage or injury occur? (Include city and county)
Vehicle was parked in parking space across from County Court House
on Court Street. Martinez, Contra Costa County
------------------------------------------------------------------------
d
3. How did the amage or injury occur? (Give full details, use extra
sheets if required) Claimant' s vehicle was parked in a parallel,
metered space. County Public Works vehicle was pulling into park-
ing space in front of claimant' s when he struck the front ,.-
bumper
ront .-bumper of claimants vehicle, tearing off molding and damaging.- the
bumper.
----------- - - ---------------- ----------------------------------
4 . What pa-rt-icu--l-ar--act or omi --
ssion on the part of county or district
officers, servants or employees caused the injury or damage?
He 'miscalculated distance or didn' t watch while parking.
(over)
4 '
5. What are the names of county or district' officers, servants or
w employees causing the damage or injury?
Manuel J. Castillanos Public Works Vehicle #5233
-------------------------------------------------------------------------
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage) ,
sEe �ttac�eo� �� �,>>� — v;�/y 0,2:. 09ac eek
time o ,fir .; li_! rff fo f/f_ D, J� a t.ja,�* fv fn��' v 'aci✓��iana/ �ir✓F�
--- 'f- no �tif_i/rlld.l :=-(�=�+Lff �JS. Cc=-L>�J D/_e 1�J-tee`- =------
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
-------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
'""DATE __�._.:...._ 'ITEM AMOUNT
Govt. Code Sec. 910. 2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney)" or by some perso`ri ori his behalf. "
Name and Address of Attorney .�c
Clai ant' s Signature
4714 Meadowbrook Dr.
Address
Richmond, CA 94803
Telephone No. Telephone No. (415) 223-6881
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. "
ESTIMATE
P E15 brante Body & Fender OF REPAIRS
..r '$012 DAM ROAD • CALL 222-2614
OWNER �J��r ! N/�I�F�'L/ ADDRESS
`
ADJUSTER PHONE
MARE J/V0 YEAR STYLE VChTeL MODEL v LL' A,4 LICENSE DATE ^'
FRONT PARTS LABOR RIGHT PARTS LABOR LEFT PARTS LABOR MISC. PARTS LABOR
Bumper s3 �,J Fender, Frt, Fender, Fri.
Bumper Brkt. 5¢ I Skirt&Baffle Skirt, Baffle
Bumper Gd. Fender Mldg. Fender Mldg.
Frt. System Fender Side Mldg. Fender Side Mklg.
F ram a Heodlomp Headlamp
Cross Member Headlamp Door Headlamp Door
Stabilizer Sealed Beam Sealed Boom
Wheel Park light, lens, Door Pork Light, Lens, Door
Hub Cop Door, Front Door, Front
Hub and Drum
Knuckle Door Hinge Door Hinge
Knuckle Sup. Door Glass Door Gloss
Lr. Cont. Arm Vent Gloss Vent Glass
Lr.Cont. Shaft Door Mldg. Door Mldg.
Up Cont. Arm
Up. Cont. Arm Shaft Door Handle Door Handle
Steering Gear Center Post Center Post
Steering Wheel Door, Rear Door, Rear
Horn Ring Door Glass Door Gloss
Grill Mldg. Upper Door Mldg. Door Mldg.
Right Door Handle Door Handle
Left
Center Rocker Panel neer, Rocker Panel inner
Lower Rocker Mldg. Rocker Mldg.
Front Deflector Floor Floor
Horn F rome Frame
Baffle, Side
Baffle, Lower Quor. Panel Quor. Panel
Baffle, Upper Quor.Mldg. Quor.Midg.
Lock Plate. Lr.
Lock Plate, Up. Quor. Gloss Quar.Gloss
Hood Top Fender, Rear Fender, Rear
Hood Hinge Fener Mldg. Fender Midg.
Hood Mldg.
Ornament REAR MISC
Name Plate Bumper Inst.Panel
Rod. Sup. Bumper Brkt. Front Seat
Rod. Core Bumper Gd. Rear Soot
Anti Freeze Gravel Shield Front Seat, Adj.
Rod. Hoses Lower Panel Trim
Fan Blade Floor Headlining
Fan Belt Trunk Lid Roof Panel
Water Pump Trunk Light Tire %Worn
Cowl Trunk Handle Tube
Battery
Windshield Tail Light, Door, Lens Paint
Windshield Mldg. Toil Pipe, Brackets Undercoat
Gas Tank- Door
Motor Mts. Frame TOTAL MATERIAL
J
Clutch linkage Wheel TOTAL LABOR ,
Hub and Drum
Transmission Linkage Axle TOWING
Spring SUBLET REPAIRS
SYMBOL A-ALIGN N-NEW ON-OVERHAUL S-STRAIGHTEN OR REPAIR EX-EXCHANGE R"ECHROME
THE ABOVE IS AN ESTIMATE 1BASED ON OUR INSPECTION AND DOES TAX
NOT COVER ANY ADDITIONAL PARTS OR LABOR WHICH MAY BE RE-
QUIRED AFTER THE WORK HAS BEEN OPENED UP. OCCASIONALLY _
AFTER THE WORK HAS STARTED DAMAGED OR BROKEN PARTS ARE GRAND TOTAL
DISCOVERED WHICH ARE NOT EVIDENT ON THE FIRST INSPECTION. BY
CLAIM _
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT
April 9, 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 Governme t Code bion 913
al
and 915.4. Please note '14V ' '
Claimant: State Farm Fire and Casualty Company (Wong Claim)
P.O. Box 4011 MAN 15 5
Attorney: Concord, CA 94524
Martinez, VA y4:,*3
Address:
Via County Administrator
Amount: Unspecified . By delivery to clerk on February 28, 1985
Date Received: February 28, 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.
ebru y 8, 1985 PHIL BATCHELOR, Clerk, By Deputy
,..a Jolene Edwards
°I1: FROM: t Cony Counsel TO: Clerk of the Board of Supervisors
(Check onl one)
,). This c1;atnomplies substantially with Sections 910 and 910.2.
This. elME
F}iILS to comply substantially with Sections 910 and 910.2, and we are
11
:so noting�claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is),Ibtimely filed. Clerk should return claim on ground that it was filed
late andsend warning of claimant's right to apply for leave to present a late
:�---elai�tf-taction 911-3).
( �) Other: _<Ja d - e`lLu &s
Dated: -S- By: LL,/ 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
(><5 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 mailto 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 pr ent a late claim was mailed
to claimant.
DATED: PHIL BATCHELOR, Clerk, By , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
p, 1. STATE MRM
INSURANCE.
E<
State Farm Fire and Casualty Company
February 14, 1985
333 Civic give
"off Taylor Boulevard"
_ Pleasant Hill,California 94523
Mail: P.O. Box 4011
THE COUNTY GRADING INSPECTION DEPARTMENT Concord,California 94524
651 Pine Street Phone: 687-7600
Martinez, California 94553
Contra Costa
RECCI VED
FEB 21 1985
RE: OUR CLAIM # : 05 P713 804 Off;c•,
OUR INSURED : WINSTON & CAROL WONG COur.'. Administratol'
LOCATION : 3356 Vaughn Road, Lafayette, Ca 94549
Gentlemen:
This letter is to advise you that our insureds have submitted a claim
under their State Farm Homeowners Insurance Policy for damages to their
home located at the above residence address.
Based upon the information given to us at this time, it appears that the
County Grading Department is responsible for the damage. This letter is
to advise you that State Farm will be looking to the County Grading
Department for reimbursement of any payments made under the Wong' s
Homeowner policy for repairs to the above mentioned damages.
Please provide me with all forms which are required to be completed in
order to expedite this claim.
Thank you for your prompt attention in this matter.
Very truly yours,
�gx
RITA HEAGY `, i
Claim Specialist n 'DCEI V ED NVQ 19
'RH/ver FEB,�F 1985 -ONTRA. COSTA COUNTY
(B/A918)
PHIL BATC141ELOR
ft
K BOA SUPERVISORS
cc: Winston Wong o.
B .
HOME OFFICE: 8LOOMINGTON, ILLINOIS 61701
CLAIM
BOARD OF SUPERVISORS OF CDNTRA COSTA COUNTY, CALIFORNIA
and as the Governing Board of the Contra Costa County BOARD ACTION
Flood Control and Water Conservation District
Claim Against the County, or District ) NOTICE TO C,AIKANT April 9, 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: City of Danville (;Aunty Counsel
Attorney: Charles J. Williams, City Attorney
MAR ti 1985
Williams, Capioe & Robbins
Address: P.O. Box 698 Martinez, C1! 94553 -
Benicia, CA 94510
Amount: Unspecified By delivery to clerk on
Date Received: March 1, 1985 By mail, postmarked on February 28. 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted •claim.
Dated: March 1, 1985 PH $ATCHELOR� Cl k, By Deputy
t . � Jolene Edwards
II. FROM: County Counsel, T0: Clerk of the Board of Supervisors
(Check only one)
( . This claim complies s bstantially�. Ith Sections 910 and 910.2.
( ) This claim FAILS to amply. substariti�al y with Sections 910 and 910.2, and we are
so notifying claimant 'The Board c not act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk ,6VbuJd return claim on ground that it was filed
late and send warningLef claimant's'right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: - By: Deputy County Counsel-
III.
ounselIII. 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 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 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 claimantfs right to apply for leave to present a late claim was mailed
to claimant.
DATED: 4y-�?__ , PHIL BATCHELOR, Clerk, By o , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
CLAIM TO:' BOARD OF SUPERVISORS OF CONTRA C0§*nC4* Fapplication to:
- Instructions to ClaimantVerk of the Board
Martinez,California 94553
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
his form.
RE: Claim by )Re4rvedjor, Clerk's filing stamps
CITY OF DANVILLE
)
RECEIVED
Against the COUNTY OF CONTRA COSTA)
Or FLOOD CONTROL DISTRICT)
—.=� PM11 3ATCMELOR
Of_rI
in name ) RK WARD OF SUPERVISORS
CONTRA COSTA CO
13y r,r L.1�.��a Deputy
The undersigned claimant hereby makes claimJqg4ste county of Contra
Costa or the above-named District in the sum of $ See Items 6 and 7 below
and in support of this claim represents as follows:
———————————— ————————— ——————————————————————-—————————————— ———
1. When did-the damage or injury occur? (Give exact date and hour]
On or about November 27, 1984
------- T------- -------- - -------------------------------------
: - ----
�. Where did the damage or in ury occur? (Include city and county)
Lawsuit (Attachment 1) �as received at the City Offices,
City of Danville, Contra Costa County, California.
—T--- --- --...--- .-----------n-------------�•
d ---- — — --T— •---- ..----...---
3. How did the amage or injury occur? (Give Tull-details, use extra
sheets if required)
City received service of attached lawsuit for damages from
private individuals which gave rise to City' s cause of action
for indemnification against the named public entities .
4. What particular-act-or omission on the part of county or district
officers, servants or employees caused the injury or damage?
See Attachment 2
(over)
5. What are the names of- county or district officers, servants or
r
.enipl'oyees causing the damage or injury?
N/A
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
See prayer in Complaint (Attachment 1)
------------------------------------------------------------ ---------
- ---
7. How was the amount claimed above computed? (Include the estimated
amount of anv ,prospective injury ox 'damage. )
See prayer in Complaint (Attachment 1) ; City also claims
costs which it will incur in defending against Plaintiff ' s
suit.
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
N/A
-- ---------------------------------------------------------------------
9.--List the expenditures you made on account of this accident or injury:
ITEM AMOUNT
/A... . s. ..� r .__...
^ --- -a»-i-• Govt. Code Sec. 910.2 provides :
"The claim signed by the claiman
SEND NOTICES TO: (Attorney) or by some person on,his behalf.
Name and Address of Attorney Wc
Charles J. Williams, City Attorney Clm nt s Signature
A Professional Corporation P. 0./bo 698
Williams, Caploe & Robbins Ad ss
P. O. Box 698 Benicia, CA 94510
Benicia, CA 94510
Telephone No. (415) 228-3840 or Telephone No. (415) 228-3840
(707) 746=1011
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. "
ATTACHMENT NO. 1
f .
1 SCHNEIDER AND SHUKEN
2 attorneys
3645 Grand Ave Penthouse
Oakland , CA 94610
3 ' 415-832-3411 nn
4 By: JOHN A. SCHNEIDER r�
It/Z7/8 S/
5 � Attorney for
ROBERT L'. DEL GADO and SUSAN F. DEL GADO S► 2. OL.se.•r
7
B SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
9 PLAINTIFF: ROBERT L. DEL GADO and No. 235974
SUSAN F. DEL GADO
10 vs.
FIRST-AMENDED COMPLAINT FOR
11 J DEFENDANT: WENDELL VAN AUKEN EDDI VAN AUKEN DAMAGES AND INVERSE CONDEMNATIO
12 CONTRA COSTA COUNTY FLOOD CONTROL
DISTRICT, CITY OF DANVILLE , a munici-
13
pality, DOES 1 through 5
�
14 �I FIRST CAUSE OF ACTION
i
15 Plaintiffs allege:
16 1 . Plaintffs , ROBERT L. DEL GADO and SUSAN F. DEL GADO, husband an
17 wife, are individuals residing in the City of Danville, County of Contra
18 Il Costa , in a private residence located at 1039 Westridge Avenue , Danville ,
19 CA, "
20 2. Defendants , WENDELL VAN AUKEN and EDDI VAN AUKEN , are
21 '. husband and .wife , individuals , residing in the City of Danville , County
22 of Contra Costa , State of California , and are the owners of the property
23 ( located at 1047 Westridge Avenue , Danville , CA.
24 3. The County of Contra Costa Flood Control District , is
25 a public corporation , i .e. , a Flood Control District , organized and existing
26 under and by virtue of the laws of the State of California , Part 3, Division
<(II%FADER AND SHUKE:V
•TTO.Nf Tf•T LA"
•f N TNOuf! 1
1111 G..NO..1-ul
O.a LAN O.C.00 1111.
1111111
•.e,COO!11f
II
1 5, Section 4740 et seq. of the Health and Safety Code of the State of
�j
2 �) California , in the County of Contra Costa, State of California.
3 4.. The City of Danville, is a governmental municipality located
4 within the County of Contra Costa , State of California.
5 5. The true names or capacities , whether individual , corporate ,
6 ! associate or otherwise or defendant DOES 1 through 5, is unknown to plaintiffs ,
., 7who therefore sues said defendant by such fictitious name , and will ask
8f
leave to amend its complaint to show its true names and capacity when �
9 j same has been ascertained.
10 6. All of the property in question and all individuals named
11 lin this complaint are contained within the County of Contra Costa , and
12 reside therein , and the public entity; Contra Costa Flood Control District ,
13 I is doing business and operating within the County of Contra Costa in the
14 (I
! above-entitled Court district.
15 I 7. Plaintiff is now and for several years immediately past ,
16 has been the owner in fee simple and in possession of, and entitled to
17 the possession of, the single family dwelling containing a residence and
18 lithe real property it is on of that property within the County of Contra
19 Costa , commonly known as 1039 Westridge Avenue , Danville , CA.
20 8. Defendants , WENDELL VAN AUKEN and EDDI VAN AUKEN , at all
21 times herein mentioned were the owner and -seized in fee of the following
22 described property, also a single family residence , located next door
23 to the plaintiffs , commonly known as 1047 Westridge Avenue , Danville ,
24 �•
CA; said real property of defendants VAN AUKEN , adjoin and abut the residence
25 and real property of plaintiffs in a southeasternly direction; the real
.26 property of defendants VAN AUKEN , described herein is at a slightly higher
•('II\EIDER AND SFICKEN
•ri,YME�$AT LAW
1110"fig 2
• f MUl
OAKLA.0 CAllf ..11•
.11.1.11
•.
E•COOE.,I
1 i' = 'cvation ,, than is the lar,�,' 0-f Pial nti -Ffs ' , and defendants ' land slopes
I`
2 ji gradually in a generally northerly direction toward the lands owned by
II
3 }! plaintiffs.
4 i 9. Contained in and upon the real property owned by defendants
5 I VAN AUKEN is a man-made drainage ditch built , operated and maintained
6 I by defendant_ COUNTY OF CONTRA COSTA FLOOD CONTROL DISTRICT, and said man-
made flood diversion creek , or causearay, flows 'down, across and through
i
8 the real property of defendants VAN AUKEN in a generallly northern direction
9 under the surface of defendants VAN AUKEN property; whenever there is
10 a heavy rainfall , the flow of the water in said causeway increases but
11 in the past , has always run its natural course without causing damage
12 ilto the real property of plaintiffs at any time. .
1,
i3 �I 10. For some time preceding 'January, 1982 , and within the
14 Blast two years next preceding the commencement of this action, defendants
15 II
jVAN AUKEN, without authority permission , or consent of plaintiffs , either
16 lorally or written , have been negligently placing garden clippings and '
17 tree pruning debris into said drainage ditch of the Contra Costa Flood
Is ji
Control District , in such a negligent and careless manner , as to cause
19 �Isaid ditch, to become clogged , backed up and obstructed ; and the Contra
20 Costa Flood Control District , durin4 this same time Period so negligently
21 !'maintained and cared for said drainage causeway, that the District did
22 :not remove said clippings and pruning material from the causeway.
23. 1 11 . For the same time period , next preceding the commencement
24 I f .this action , defendants VAN AUKEN, lived upon their real property , and
25
new, or should have known , that their activity in negligently placing
26 I arden shrubbery, clippings and debris in said drainage ditch foreseeably
SCj1.NE1DFR AND Slil'KE\
•fToo'eys AT LAW 3
•[MT.G.S:
p.Ml�w O.
C.L10 ..i1
111) 11
•.E•Coca-.1
I�
1 and predictably woula pause said ditch to back up and overflow during heavy rai
II
2 and the Contra Costa Flood Control District should have foreseeably and
3 predictably no€i-ed th,.drainage ditch being and becoming clogged and
4 should have taken foreseeable steps to correct the situation; but for
5 the obstructions placed in the drainage ditch by defendants VAN AUKEN
6 and the non-removable and maintenance of the ditch by Contra Costa Flood
Control District , the natural rainfall which occurred on. January 4th and
8 5th of 1982 , on plaintiffs' and defendants ' lands , would have followed
g Ithe man-made flood control district 's drainage ditch , without resultant
10 damage to plaintiffs' property.
11 12. On January 4th and 5th , 1982, during a heavy rainfall
12 ,period , the amount of water accumulating and flowing in the man-made drainage
13 ,iditch increased in volume , became obstructed , was retained and captured
14 Ilbehind the obstructions placed by defendants VAN AUKEN and left there
I
15 �.by defendants CONTRA COSTA FLOOD CONTROL DISTRICT , causing said waters
16 to overflow, flow onto and across defendants VAN AUKENS' property , and
17 onto plaintiffs ' property, and into their swimming pool and residence.
18 �,j 13. The acts and omissions of defendants , and each of them,
19 fllleged herein , were directly and proximately caused by defendant CONTRA
20 11COSTA COUNTY FLOOD CONTROL DISTRICT'S negligent construction, maintenance
nd use of their drainage causeway in that the failed to notice 'and remove
21 I 9 Y Y .
22 i he debris build up that defendants VAN AUKEN caused to be placed in ,
23 pon and about said drainage causeway in a negligent and reckless manner.
24 I 14. After the first flooding of January 4 and 5, 1982 , on
25 r about July 1 , 1982, the County of Contra Costa and the Contra Costa
26 ounty Flood Control District turned over the ownership easement , maintenance
.('11\F.IDF.R AND SIILKEN
•T10—t'f•T LA. i 4.
.EMTMOUSII
, .)GaAwD•Vf wUt
It 1.)f
•4E•CD Dt 11f '
I
control and liabiiiLy of the iooc concro-i drainage ditch, the subject
2 of this lawsuit , to the City of Danville , a municipality, when said City
3 ,. of Danville incorporated and became and effective , operating municipality
4 on or about July 1 , 1982. Said fact came to the attention of plaintiff
5 by and through their attorney during discovery process immediately prior
6 Ito May 24, 1984. After the City of Danville , a municipality , took ownership
and control of the drainage ditch , it once again flooded and overflowed
8 , causing damage to plaintiffs ' property on or about November 29, 1982. Said
9 damage amounts to approximately the sum of $60,000 and is a direct result
10 of the above acts involving all previously named defendants as well as
11 the City of Danville, a municipality.
12 15. As a direct and proximate result of the acts of defendants ,
13 I and each of them, as alleged herein, plaintiffs ' real property, swimming
14 Ipoo 1 and family residence was severely damaged causing plaintiffshome
15 to be temporarily unliveable , their swimming pool to become totally inoperable ,.
16 and their surrounding grounds to be virtually destroyed.
17 16. On or just prior to May 24, 1984, when plaintiff through
18 !discovery discovered the City of Danville was the owner of the drainage
II
19 )ditch in question, during the second. flooding , plaintiff by and through
20 their attorney, John Schneider, promptly and timely filed a Notice of
21 ( Claim pursuant to California Government Code Section 910 with- the City
22 of Danville , dated May 24, 1984, -and on October 10, 1984, Tom Hansen ,
23 ( Administrative Services Officer, sent confirmation to plaintiffs ' attorney
24 that the City of Danville , had in fact received plaintiffs ' claim, dated
25 May 25, 1984, claiming damages in the approximate amount of $60,000.00.
26 Said Notice of Claim and said acknowledgement of receipt are attached
hereto, marked Exhibit B , and incorporated herein by reference as though
SCIINF.IDER AND SHL KEN '
•rrQ4NIY,AT LAW
yEr.T HOUSE
tE.f G4.M0•vfMV! '
.. A D.CAL$, 1.11E
E,1.,... 5.
uU CSD[Uf
fully set forth.
2 17. As a direct and proximate result of the injuries and
I
3 damages sustained by plaintiffs , herein alleged , plaintiffs have been
4 damaged in an amount as hereinafter alleged.
5 SECOND CAUSE OF ACTION
6 As and for a separate , distinct and second cause of action ,
7 palintiffs allege:
8 18. Plaintiffs incorporate paragraphs 1 through 17 of the
9 First Cause of Action, and make the same a part hereof.
10 19. Defendants , County of Contra Costa Flood Control District
11 and City of Danville , a municipality, and DOES 4 and 5, as a result of
12 the flooding and damage done to the real property of plaintiffs , have
13 ;Icaused inverse condemnation damage to plaintiff in an amount estimated
14 �Ito exceed the sum of $35,000.00. Plaintiffs will seek permission to amend
15 I.this complaint in the event this amount does not accurately state the
16 true amount of damages for inverse condemnation.
17 20. Plaintiff has not been paid nor has he received , any
18 !compensation whatever on account of the damage described herein.
19 21 . On April 9, 1982 , plaintiff filed a claim for these damages
20 in the amount of $35 ,000.00, with the governing board of the Contra Costa
I
21 lCounty Flood Control District, in accordance with law , and this claim
22 Las rejected by the Board of Supervisors of Contra Costa, County, by board
23 faction on May 11 , 1982. A copy of the claim, marked Exhibit A, is attached
II
24 ko this complaint and incorporated herein by reference as though fully
25 set forth.
26 WHEREFORE, plaintiffs pray for judgment against defendants ,
:as follows:
�C 11XE.IOE:R A\D SIICKEN
.rrov»Evs•r .w I
vE»r..o ut[ It
I1.1 GOAMD•VENUS
111 1.11
aaE•COD[ul 6.
i
i
1 '
AS TO THE FIRST CAUSE OF ACTION
2
1 . Damages in the amount of $35,000.00 for the first flooding
3
4 which occurred on January.4 and 5, 1982, against all named defendants ,
except the City of Danville ;
5
2. Damages according to proof with interest thereon at the
6
ilegal rate from the date of the second damage , being November 29, 1982,
7
1for the second flooding against all-named defendants , including City of
8
Danville, a municipality.
9
AS TO THE SECOND CAUSE OF ACTION
10
1 . Damages in an amount to be determined according to proof
11
12 as and for inverse condemnation , diminuation of value of plaintiffs ' residence
against County of Contra Costa Flood Control District and City of Danville,
13
a municipality;
14
2. Costs of suit; and
15
3. Other relief that the Court considers proper.
16
Dated: October 26, 1984.
17
18 1I 1 r
19 `JJOHN A. SC NEIOER,'Attorney for Plaintiffs
20
21
22
23
24
25
26
7.
♦TTo4Mlri 1t LAW
�l NTMous
1,1)611.1.0•�lMV•
OA.L.VO,CAL10 94414
oil 1.11
•!!•COO!•1f
f
ATTACHMENT 2
The City of Danville ( "City") has been named as a
defendant in a suit .for damages and inverse condemnation.
(Del Gado v. Van Auken, Contra Costa County Flood Control
District, City of Danville, et al . ; Contra Costa County
Superior Court No. 235974) . A copy of the First Amended
Complaint is attached as Attachment 1.
The lawsuit involves damages sustained in 1982 by
private property owners from flood waters that escaped
from a culvert across their land. The culvert was con-
structed and maintained under the authority of Contra
Costa County and the Contra Costa County Flood Control
District. The "culvert later came under the City' s
jurisdiction at its incorporation on July 1, 1982 . After
incorporation the County was responsible for servicing
the culvert until July 1, 1983 under the terms of
Government Code §35448 .
If the City is held liable for damages under any
theory in this lawsuit, it is fair and equitable to shift
the entire burden of damages to the County and the Flood
Control District.
Therefore, the City makes claim against Contra Costa
County and the Contra Costa Flood Control District for
indemnification against any losses it may suffer as a
result of the underlying lawsuit.
1 PROOF OF SERVICE BY MAIL
2 (C.C.P . 1013a, 2015 . 5)
3 I am a citizen of the United States and a resident of
4 the County of Solano.
5 I am over the age of eighteen years and not a party to
6 the within action. My business address is 1060 Grant Street, -
7 #201, P. O. Box 698, Benicia, California 94510 .
8 On February 28 , 1985
I served the within
9 CLAIM BY THE CITY OF DANVILLE AGAINST THE COUNTY OF CONTRA
10 COSTA and CLAIM BY THE CITY OF DANVILLE AGAINST THE
11 CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT
12 on the Clerk of the Board in said action, by placing
13 a true copy thereof in a sealed envelope with postage thereon
14 fully prepaid, in the United States mail at Benicia, California,
15 addressed as follows :
16
17 Clerk of the Board
651 Pine Street, #106
18 Martinez, CA 94553
19
20
21
22
23
24 I declare under penalty of perjury that the foregoing is
25 true and correct.
26 Executed on FebfuarY 28 1985
, at Benicia,
27 California.
28 SHERL ANN SIVILL Q
(TYPED OR PRINTED NA24E)
CLAIM TO.: BOARD OF SUPERVISORS OF CONTRA COri�r�w�,'q)'aPplication to:
• Instructions to ClaimantC!e,k of the Board
FL-
Martinez,Califomia 94553
A. Claims relating. to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. . (Sec. 911. 2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , California 94553.
C. If claim is against a district governed by the Board of Supervisors ,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each- public entity.
E. Fraud. See pepalty for fraudulent claims , Penal Code Sec. 72 at end
of this form.
RE: Claim by ) Res iling stamps
CITY OF DANVILLE ; RECEIVED
MAR ,n
Against the COUNTY OF CONTRA COSTA)
FLAIL BATCHELOR
Or _ DISTRICT)
C41K OOAAD OF SUPERVISORS
/ TRA COSTA CO.
in name
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ See Items 6 and 7 below
and in support of this claim represents as follows :
--------------------------------------.--Wh-e-n-di-d-th-e-d--a-m-a-g-e-or injury occur? (Give exact date an-d-ho-u-r-
----
On or about November 271 1984
---------- --------------- ------------------------------------
2. Where did the damage or in]ury occur? (Include city and county)
Lawsuit (Attachment 1) Was received at the City Offices ,
City of Danville, Contra Costa County, California.
...T----------------'-------------------------------- ----T- -------------
3. How did the damage or injury occur? (Give fu1S details, use extra
sheets if required)
City received service of attached lawsuit for damages from
private individuals which gave rise to City' s cause of action
for indemnification against the named public entities .
------------------------------------------------------------------------
4 . What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
See Attachment 2
(over)
5. %hat are the names of- county or district officers , servants or
employees causing the damage or injury?
s
N/A
- -- - - -------------------------------------------------------
6-.--Wh-at-damage-------or--in3uries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
'See prayer in Complaint (Attachment 1)
---------
----------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estiimated
amount of any -prospective injury or 'damage. )
See prayer in Complaint (Attachment 1) ; City also claims
costs which it will incur in defending against Plaintiff ' s
suit.
6. Names and addresses of witnesses, doctors and hosp-itals.
N/A
—J--- M.4= . r+rw.•er.w—lam.— --------- --- ---
9-.--List t 'e xpendituresyou. made on account of this accident or injury .
D TI ,'_�. '':r '_4... 1t 4:`- .i i ITEM AMOUNT
a
NSA i
14, i
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimar.
F_ND NOTICES TO: (Attorney) or b some person on his behalf
Name and Address of Attorney
Charles J . Williams , City AttorneyCla ' a t s Signature
A Professional Corporation P. O. ox 698
Williams, Caploe & Robbins Ad r s
P. O. Box 698 Benici , CA 94510
Benicia, CA 94510
Telephone No. ( 4 15) 228-3840 or Telephone No. (415) 228-3840
( 707) 746-1011
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. "
• ATTACHMENT NO. 1
1 I! SCHNEIDER AND SHUKEN
j� attorneys
2 ' 3645 Grand Ave - Penthouse
3 Oakland , CA 94610
' 415-832-3411
4
By: JOHN A. SCHNEIDER 1117-7/8V
5 � Attorney for S �_ pl.se..�
6 I ROBERT L. DEL GADO and SUSAN F. DEL GADO `
7I
8I
SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
9 PLAINTIFF: ROBERT L. DEL GADO and No. 235974
SUSAN F. DEL GADO
10 vs.
FIRST-AMENDED COMPLAINT FOR
11 DEFENDANT: WENDELL VAN AUKEN , EDDI VAN AUKEN , DAMAGES AND INVERSE CONDEMNATIO
CONTRA COSTA COUNTY FLOOD CONTROL
12 DISTRICT, CITY OF DANVILLE , a munici-
13
pality, DOES 1 through 5
�, /
14
FIRST CAUSE OF ACTION
15 �I
Plaintiffs allege:
16 1 . Plaintffs , ROBERT L. DEL GADO and SUSAN F. DEL GADO , husband an
17 wife, are individuals .residing in the City of Danville, County of Contra
18 ii Costa , in a private residence located at 1039 Westridge Avenue , Danville ,
19 CA.
20 2. Defendants , WENDELL VAN AUKEN and EDDI VAN AUKEN , are
21 ' husband and wife , individuals , residing in the City of Danville , County
22 of Contra Costa , State of California, and are the owners of the property
23 located at 1047 Westridge Avenue , Danville , CA.
24 3. The County of Contra Costa Flood Control District , is
25 a public corporation , i .e. , a Flood Control District , organized and existing,
26 under and by virtue of the laws of the State of California , Part 3, Division
411\F.IUFR ANN SIIL'KF.\
ATTORNEYS AT LAM
._T.ou if 1
1..1 CRANo AvENu4
O A.I.N O.C."P.1..1E
.11 1.11
•4l.COOA.IS
5, Section 4740 et seq. of the Health and Safety Code of the State of
2 California , in the County of Contra Costa , State of California.
3 4. The City of Danville, is a governmental municipality located
4 ithin the County of Contra Costa , State of California.
5 r
5. The true names or capacities , whether individual , corporate ,
6 associate or otherwise or defendant DOES 1 through 5 is- unknown to plaintiffs
1 ) 9 � P ,
who therefore sues said defendant by such fictitious name , and will ask
8 leave to amend its complaint to show its true names and capacity when
9same has been ascertained.
10 6. All of the property in question and all individuals named
11 in this complaint are contained within the County of Contra Costa , and
12 ,i reside therein and theY
ublic entit � -Contra Costa Flood Control District ,
P
13 is doing business and operating within the County of Contra Costa in the
14 !i
above-entitled Court district.
15 I 7. Plaintiff is now and for several years immediately past ,
16 has been the owner in fee simple and in possession of, and entitled to
17 the possession of, the single family dwelling containing a residence and
18 i! the real property it is on of that property within the County of Contra
19 Costa , commonly known as 1039 Westridge Avenue , Danville , CA.
20 8. Defendants , WENDELL VAN AUKEN and EDDI VAN AUKEN , at all
21 times herein mentioned were the owner and seized in fee of the following
22 described property, also a single family residence , located next door
23 to the plaintiffs , commonly known as 1047 Westridge Avenue , Danville ,
24 CA; said real property of defendants VAN AUKEN , adjoin and abut the residence
25 and real property of plaintiffs in a southeasternly direction; the real
26 property of defendants VAN AUKEN , described herein is at a slightly higher
?f'II%F.IUF.R A.No 5HCKEN '
•TTO—E+f AT LAW
E_o Us 2.
11.1 61..10• :-us
oAKLLNO C.L11 11111
f 71 1111
•1[♦COOL 111
1 is eitvatio,n , than is the of P: aintiffs ' , and defendants ' land slopes
I�
2 ji gradually in a generally northerly direction toward the lands owned by
I
3 II plaintiffs.
4 I 9. Contained in and upon the real property owned by defendants
5 I VAN AUKEN is a man-made drainage ditch built , operated and maintained
6 Iby defendant COUNTY OF CONTRA COSTA FLOOD CONTROL DISTRICT, and said man-
made flood diversion creek , or cause,:ray, flows 'down , across and through
i
8 the real property of defendants VAN AUKEN in a generallly northern direction
9 under the surface of defendants VAN AUKEN property; whenever there is
10 a heavy rainfall , the flow of the water in said causeway increases but
11 in the past, has always run its natural course without causing damage
12 to the real property of plaintiffs at any time. .
13 !� 10. For some time preceding January, 1982 , and within the
it
14 l! last two years next preceding the commencement of this action, defendants
15 IjVAN AUKEN, without authority,Dermission , or consent of plaintiffs , either
16 orally or written , have been negligently placing garden clippings and
17 tree pruning debris into said drainage ditch of the Contra Costa Flood
18 ,Control District , in such a negligent and careless manner , as to cause
19 �Isaid ditch , to become clogged , backed up and obstructed; and the Contra
20 Costa Flood Control District , during this same time Period so negligently
21 paintained and cared for said drainage causeway, that the District did
22 snot remove said clippings and pruning material from the causeway.
23 11 . For the same 'time -period , next preceding the commencement
i
24 f this action , defendants VAN AUKEN, lived upon their real property, and
25
new, or should have known , that their activity in negligently placing
I .
26 garden shrubbery, clippings and debris in said drainage ditch foreseeably
:CII%EIDF.R AND 411UKEN
.110..:.1 AT�.. 3.
r:•»out:
,.,0...i 0.v:w"
o.u..0.CALIF uw
oil W.
.Y:.C006-Is
II
1 ; and predictably woula rause said ditch to back up and overflow during heavy ra
2 and the Contra Costa Flood Control District should have foreseeably and
3 predictably ii61'11_-ed th-, drainage ditch being and becoming clogged and
4 should have taken foreseeable steps to correct the situation; but for
• 5 the obstructions placed in the drainage ditch by defendants VAN AUKEN
6 and the non-removable and maintenance of the ditch by Contra Costa Flood
` Control District , the natural rainfall which occurred on January 4th and
8 5th of 1982 , on plaintiffs' and defendants ' lands , would have followed
9 the man-made flood control district 's drainage ditch, without resultant
10 damage to Dlaintiffs ' property.
11 12. On January 4th and 5th , 1982, during a heavy rainfall
12l
13
the amount of water accumulating and flowing in the man-made drainage
j1ditch
,3 increased in volume , became obstructed , was retained and captured
14 y,behind the obstructions placed by defendants VAN AUKEN and left there
�I
15 I:by defendants CONTRA COSTA FLOOD CONTROL DISTRICT , causing said waters
16 Ito overflow, flow onto and across defendants VAN AUKENS ' property, and
17 onto plaintiffs ' property, and into their swimming pool and residence.
18 ii 13. The acts and omissions of defendants , and each of them,
19 lleged herein , were directly and proximately caused by defendant CONTRA
20 i OSTA COUNTY FLOOD CONTROL DISTRICT'S negligent construction, maintenance
21 I nd. use of their drainage causeway in that the failed to notice and remove
9 Y y
22 �-he debris build up that defendants VAN AUKEN caused to be placed in ,
I
23 lipon and about said drainage causeway in a negligent and reckless manner.
24 14. After the first flooding of January 4 and 5, 1982 , on
25 r about July 1 , 1982, the County of Contra Costa and the Contra Costa
26 ounty Flood Control District turned over the ownership easement , maintenance
Sf W F.I nER AND SHLKFN
0-E •11Aw 4.
•lwwousE
.1 oEawO•vf MU[
C,aalaw 0.Ca111 •.111
Il/11 1
••Ea COCt 1f �
control and liabiilty us the Tioo4 controi drainage ditch, the subject
2 of this lawsuit, to the City of Danville , a municipality, when said City
3 ,. of Danville incorporated and became and effective , operating municipality
q on or about July 1 , 1982. Said fact came to the attention of plaintiff
5 by and through their attorney during discovery process immediately prior
6 to May 24, 1984. After the City of..Danville , a municipality , took ownership,
7 and -control of the drainage ditch , it once again flooded and overflowed
8 ( causing damage to plaintiffs ' property on or about November 29, 1982. Said
9 damage amounts to approximately the sum of $60 ,000 and is a direct result
10 Iof the above acts involving all previously named defendants as well as
11 the City of Danville, a municipality.
12 15. As a direct and proximate result of the acts of defendants ,
13 and each of them, as alleged herein , plaintiffs ' real property, swimming
14 pool and family residence was severely damaged causing plaintiffs ' home
15 to be temporarily unliveable, their swimming pool to become totally inoperable ,
16 and their surrounding grounds to be virtually destroyed.
17 16. On .or just prior to. May 24, 1984, when plaintiff through
18 !discovery discovered the City of Danville was the owner of the drainage
19 !ditch in question, during the second flooding , plaintiff by and through
20 their attorney, John Schneider, promptly and timely filed a Notice of
21 ; Claim pursuant to California Government Code Section 910 with the City
22 I of Danville , dated May 24, 1984, and on October 10, 1984, Tom Hansen ,
�3 (Administrative Services Officer, sent confirmation to plaintiffs ' attorney
24 that the City of Danville, had in fact received plaintiffs ' claim, dated
25 May 25, 1984, claiming damages in the approximate amount of $60,000.00.
26 Said Notice 'of Claim and said acknowledgement of receipt are attached
hereto ; marked Exhibit B , and incorporated herein by reference as though
S('I[NEIVER AND 5HCKEN
.TTO[.[v,AT u..
/[.THOUS[ '
1..f .O.v[Nu�
OAKL..OCALIV 1.410
.1,.1.11 5
.I.1,COO[41,
II
1 fully set forth.
2 17. As a direct and proximate result of the injuries and
3 damages sustained by plaintiffs , herein alleged , plaintiffs have been
4 damaged in an amount as hereinafter alleged.
5 SECOND CAUSE OF ACTION
6 As and for a separate , distinct and second cause of action ,
I
7 palintiffs allege:
8 18. Plaintiffs incorporate paragraphs 1 through 17 of the
9 First Cause of Action , and make the same a part hereof.
10 '19. Defendants , County of Contra Costa Flood Control District
11 and City of Danville , a municipality, and DOES 4 and 5, as a result of
12 the flooding and damage done to the real property of plaintiffs , have
13 caused inverse condemnation damage to plaintiff in an amount estimated
14 to exceed the sum of $35 ,000-00. Plaintiffs will seekpermission to amend
.15 IIthis complaint in the event this amount does not accurately state the
16 true amount of damages for inverse condemnation.
17 20. Plaintiff has not been paid nor has he received , any
18 I1compensation whatever on account of the damage described herein.
i
1921 * On April 9, 1982 , plaintiff filed a c1aim for these damages
20 in the amount of $35,000.00, with the governing board of the Contra Costa
21 "{County Flood Control District , in accordance with law , and this claim
Iwas22 rejected by the Board of Supervisors of Contra Costa\ County, by board
I�
23 `action on May 11 , 1982. A copy of the claim, marked Exhibit A, is attached
24 ko this complaint and incorporated herein by reference as though fully
25 et forth.
26 WHEREFORE, plaintiffs pray for judgment against defendants ,
'as follows
�(IlSt MER AND SIICFF.V
•rrov..E•f•r L•w
�Et.rwOUSE
t1.1 Go•Ho•vE�UE _
O•KL•M 0.C•Li •ttt {I
/ll IS tI L
•SEA 004.15 6
i .
1
1 `
AS TO THE FIRST CAUSE OF ACTION
2
1 . Damages in the amount of $35,000.00 for the first flooding
3
which occurred on January 4 and 5, 1982, against all named defendants ,
4
except the City of Danville ;
5
2. Damages according to proof with interest thereon at the
6
( legal rate from the date of the second damage , being November 29, 1982 ,
7
for the second flooding against all-named defendants , including City of
8
Danville, a municipality.
9
AS TO THE SECOND CAUSE OF ACTION
10
1 . Damages in an amount to be determined according to proof
11
as and for inverse condemnation , diminuation of value of plaintiffs ' residence
12
against County of Contra Costa Flood Control District and City of Danville ,
13
a municipality;
14
2. Costs of suit; and
15
3. Other relief that the Court considers proper.
16
Dated: October 26, 1984.
17
18
19 JJOHN A. SC NEIDER,'Attorney for Plaintiffs
20
21
22
23
24
25
26
7.
c('4lNF'.JEWR AND SHUKEN
♦irOONE+f•T I.IN
�[MTMOYf[
1..1 G[.NO
0.[LANO.Cllr 9.619
111 1111
•...<00[.11
ATTACHMENT 2
The City of Danville ("City") has been named as a
defendant in. a suit for damages and inverse condemnation.
(Del Gado v. Van Auken, Contra Costa County Flood Control
District, City of Danville, et al. ; Contra Costa County
Superior Court No. '235974) . A copy of the First Amended
Complaint is attached as Attachment 1.
The lawsuit involves damages sustained in 1982 by
private property owners from flood waters that escaped
from a culvert across their land. The culvert was con-
structed and maintained under the authority of Contra
Costa County and the Contra Costa County Flood Control
District. The culvert later came under the City' s
jurisdiction at its incorporation on July 1, 1982 . After
incorporation the County was responsible for servicing
the culvert until July 1, 1983 under the terms of
Government Code §35448 .
If the City is held liable for damages under any
theory in this lawsuit, it is fair and equitable to shift
the entire burden of damages to the County and the Flood
Control District.
Therefore, the City makes claim against Contra Costa
County and the Contra Costa Flood Control District for
indemnification against any losses it may suffer as a
result of the underlying lawsuit.
i
PROOF OF SERVICE BY MAIL
2 (C.C .P . 1013a, 2015 . 5)
3 I am a citizen of the United States and a resident of
4 the County of Solano.
5 I am over the age of eighteen years and not a party to
6 the within action. My business address is 1060 Grant Street, -
? #201, P. O. Box 698, Benicia, California 94510 .
8 On February 28 , 1985 , I served the within
9 CLAIM BY THE CITY OF DANVILLE AGAINST THE COUNTY OF CONTRA
10 COSTA and CLAIM BY THE CITY OF DANVILLE AGAINST THE
it CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT
12 on the Clerk of the Board in said action, by placing
13 a true copy thereof in a sealed envelope with postage thereon
14 fully prepaid, in the United States mail at Benicia, California,
15 addressed as follows :
16
17 Clerk of the Board
651 Pine .Street, #106
1$ Martinez, CA 94553
19
20
21
22
23
24 I declare under penalty of perjury that the foregoing is
25 true and correct.
26 Executed on Febfuary 28 1985
at Benicia,
27 California.
28 SHERL ANN SIVILL /J
(TYPED OR PRINTED NAME)
AMENDED
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
April 9, 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 * ire
Claimant: Gary A. Christian •
Attorney: James Paul Collins MAR 1 b 1985
- Sterns, Smith, Walker, Pesonen & Grell
Address: 280 Utah Street Martinet, CA 94553
San Francisco, CA 94103
Amount: $250,000.00 By delivery to clerk on
Date Received: March 18, 1985 By mail, postmarked on March 15, 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: Marsh i g_ i 9 R 5 PHIL BATCHELOR, Clerk, By �",t4j Deputy
II. FROM: County Counsel T0: Clerk of the Board of Supervisors '
(Check only one)
( �) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: - O- 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 mous vote of Supervisors present
C4,L.
(>ef This claimvis 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/- PHIL BATCHELOR, Clerk, By d , Deputy Clerk
ee: County Administrator (2) County Counsel (1)
CLAIM
BEFORE THE GOVERNING BODY OF THE
COUNTY OF CONTRA COSTA
To : The Board of County Supervisors
651 Pine Street
Martinez , California \dx
"CEIVED
In the Matter of )
FEB AS 1985
GARY A. CHRISTIAN )
PHIL BATCHELOR
X BOARD SUPERVISORS
Against the County of Contra Costa ) B c'0 sT co p
The undersigned, on behalf of Claimant herein,
hereby makes a claim against the City of County of Contra
Costa in the sum of $250, 000 and in support of said claim
represents as follows:
1. CLAIMANT 'S NAME: GARY A. CHRISTIAN
2. CLAIMANT 'S ADDRESS : 1125B Northgate Road
Walnut Creek, California 94598
3. DATE OF INCIDENT: December 19, 1984
4. LOCATION OF INCIDENT: The dangerous condition exists on
Willow Pass Road at the Intersection
with Range Road, which is within the
City of Pittsburg, the County of
Contra Costa and State of California.
5. HOW DID THE DAMAGE OR INJURY OCCUR?
Claimant was traveling eastbound on Willow Pass Road,
negotiating the exit onto Range Road, when, due to
unclear markings on the roadway, inadequate lighting
and the improper design, construction and maintenance of
the exit lanes, adjacent island and drains, claimant struck
the embankment forming the, exit island and was thrown from
his motorcycle.
6. WHAT ARE THE NAMES OF THE STATE OFFICERS, SERVANTS OR
EMPLOYEES CAUSING THE DAMAGE OR INJURY?
The County entity or entities responsible for the design,
construction, and maintenance of the roadway island, drains
and exit lane at issue. Claimant is not aware of the spe-
cific names of any officers, servants, or employees involved.
7. WHAT DAMAGE OR INJURIES DO YOU CLAIM RESULTED?
Claimant sustained a compression fracture 'of his back,
has missed approximately six months of work, and he must
wear a Jenett brace for some time into the future.
8. COMPUTATION OF ABOVE AMOUNT: See No. 7.
9. NAMES OF WITNESSES , DOCTORS AND HOSPITALS :
Claimant knows of no witnesses to the accident. Claimant
-2-
received medical treatment frau Drs. Sutherland, Sigel ,
and Wixson and was hospitalized at the John Muir Hospital .
DATED: February 1985.
STERNS , SMITH, WALKER,
PES N L
By
ES PAUL COLLINS
Attorneys for Claimant
SEND NOTICES :
James Paul Collins
Sterns, Smith, Walker, Pesonen & Grell
280 Utah Street
San Francisco, CA 94103
COPIES OF CLAIM FORWARDED TO:
County Counsel of
Contra Costa County
P.O. Box 69
Martinez, CA 94553
Tax Collector and Treasurer
625 Court Street
Martinez , CA 94553
C1/Z
-3-
RECEIVED
BEFORE THE GOVERNING BODY OF THE SAAR 1g1985
COUNTY OF CONTRA COSTA
►HIL BA CHEL01t
RV60
ER BOARD A CO.
ANTRA D ut
To: The Board of County Sup ervis B •
651 Pine Street
Martinez , California 94553
In the Matter of )
GARY A. CHRISTIAN )
Against the County of Contra Costa )
The undersigned, on behalf of Claimant herein,
hereby makes a claim against the City of County of Contra
Costa in the sum of $250, 000 and in support of said claim
represents as follows:
1. CLAIMANT 'S NAME : GARY A. CHRISTIAN
2. CLAIMANT'S ADDRESS : 1125B Northgate Road
Walnut Creek, California 94598
3. DATE OF INCIDENT: December 19, 1984
4. LOCATION OF INCIDENT: The dangerous condition exists on
Willow Pass Road at the Intersection
with Range Road, which is within the
City of Pittsburg, the County of
Contra Costa and State of California.
f
5. HO[4 DID THE DAMAGE OR INJURY OCCUR?
Claimant was traveling eastbound on Willow Pass Road,
negotiating the exit onto Range Road, when, due to
unclear markings on the roadway, inadequate lighting
and the improper design, construction and maintenance
of the exit lanes, adjacent island and drains, claimant
struck the embankment forming the exit island and was
thrown from his motorcycle.
6. WHAT ARE THE NAMES OF THE STATE OFFICERS, SERVANTS OR
EMPLOYEES CAUSING THE DAMAGE OR INJURY?
The County entity or entities responsible for the design,
construction, and maintenance of the roadway island,
drains and exit lane at issue. Claimant is not aware
of the specific names of any officers, servants, or
employees involved.
7. WHAT DAMAGE OR INJURIES DO YOU CLAIM RESULTED?
Claimant sustained a compression fracture of his back,
has missed approximately six months of work , he and
must wear a Jenett brace for some time into the future.
Presently, damages in the amount of $250, 000 are claimed.
Please note that this figure is based upon incomplete
inforr.3ation, and will most likely be adjusted -as more
information is accumulated. This $250,000 damage compu-
tation is based upon $8, 000 in medical bills, $15, 000
-2-
in lost wages, $15, 000 reserve for future hospitalization,
$50, 000 in future lost wages and the remainder in general
damages.
8. COMPUTATION OF ABOVE AMOUNT: See No. 7.
9. NAMES OF WITNESSES , DOCTORS AND HOSPITALS :
Claimant knows of no witnesses to the accident. Claimant
received medical treatment from Drs. Sutherland, Sigel ,
and Wixson and was hospitalized at the John Muir Hospital .
DATED: February 15 1985.
STERNS , SMITH, WALKER,
PESO,IEN &/ GRELL
i
gy. _
MES PAUL COLLINS
Attorneys for Claimant
SEND NOTICES :
James Paul Collins
Sterns, Smith, Walker, Pesonen & Grell
280 Utah Street
San Francisco, CA 94103
COPIES OF CLAIM FORWARDED TO:
County: Counsel of
Contra Costa County
P.O. Box 69
Martinez , CA 94553
Tax Collector and Treasurer
625 Court Street
Martinez , CA 94553
C1/Z
-3-
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT April 9, 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. P]!eap nose all "Warnings".
Claimant: Paul Louis Glasper, Jr. C'0!r' '•
55 Mildred Avenue
Attorney: Pittsburg, CA 94565 MAR 4 1�b5
Address: Martinez, CA 94553
Amount: $175.00 By delivery to clerk on
Date Received: March 1, 1985 By mail, postmarked on February 26, 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. y�
Dated: March 1, 1985 PHIL BATCHELOR, Clerk, By L lO Deputy
�, , ,..:•• »1 Jo enc
Edwards
II. FROM: County Counsel , TO- Clerk of the Board of Supervisors
(Check only one)
(.>d This claim complies substanially with Sidns 910 and 910.2.
( ) This claim FAILS toy s bstantially,l;thf Sections 910 and 910.2, and we are
so notifying claimant. The and cannot Wt for 15 days (Section 910.8).
( ) Claim is not timely filed. leek should�.e�tuin claim on ground that it was filed
cl
late and send warning of a} i s right--to pply for leave to present a late
claim (Section 911.3). k ; :
( ) Other:
Dated: -,S�� 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 of the Board's Order entered in its
minutes for this date.
Dated: - PHIL BATCHELOR, Clerk, By v , 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: 1,!_ S' PHIL BATCHELOR, Clerk, By , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
• � -ChAIM' TO: BOARD OF SUPERVISORS` OF CONTRA .CW-kAp"application to:
Instructions to ClaimantC!erk ofthe Board
P.0.Box 911
' Martinez•California 94553
A. Claims relating to causes of 'action for death,or- for injtiry_"to..
person `or to personal property or .;g=owing 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'. mustbe
presented not dater than one yesr 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,
_ z
C. If claim is against a district governed by -the Board' of Superyis' rs-
rather than the County, . the name:of_._the_District .should .be fi lle in. ,
D. If the claim is against more than one public entity, separate claim's
must be filed. against each public ;entity. .
E. Fraud. See penalty for 'fraudulent claims, Penal Code Sec. 7.2tx.;end
of this form.
Cl by F )Resery 1 n "stamps
[
�{ _ Z
�� e ' R VED s
� CEI fi,
LIAR
`Against the_ COUNTY OF CONTRA COSTA)
or ,rl (�/ C DISTRICT) OF
t eco.
x (Fill in name)
sr
Y The undersigned claimant hereby makes claim against th ou t .of. Contra '
Costa ,or. the above-named District in the sum of '"' ;
and in support of this claim represents as follows.
- ----------------------
r 1. -When: did the 'damage or injury occur? (Give exact date and hour).
-
_I_�I ���_,Tt _S �!2
y 2. ./:Where did the damage or injury obcur? (Include city and county).
"
b �'
z 3 How _didthe - damage or in' r occur? (Give full d tail use extra . .
sheets if required)
Y f *q
s — — _ _ _ _
4. What particular act -or -omission on the part of ;county or district
officers, servants or-employees caused `the .injury or damage? `" -
� s
:.
int? v� X19 e-
Q e:E�
f
s (over)
Ri
�_ - -���->--.-fie.,. �r . ,:�..•..�...._�-.. ,, -. ,. .. ,.... .__ .. . .. <....,.. ... ..._ ..._ .. .... ... . ....... -. .. _-�.�.:.�:csx•,•w . -- -
.5. What are the names of county or district officers, servants or
employees causing the damage or injury?
6. What damaCge Oi injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
--------------------...--• -all- ---•---------u•-------------------------------
7. How was the amour}t clai d above computed? (Include the estimated
amount of any prospective injury of damage. )
r � t411-
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
---------------- ---------------------------------------------------------
9�-.�.d.ist .the., expenditures you made on account of this accident or injury:
DATE ITEMAMOUNT
it de*i�*ieirir�tir*�c*�iric•ki�ic*iric*ic*iric*it**�cic*�ri�rir*•kic*ic*•ic**ic**�r**i�**ir�c#iriti��r**kiri�r*�r�c***�k
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
imant' s S /gnature
Address f
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. "
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT April 9, 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: Steven R. Marshall
Attorney: Gordon Frevel County Counsel
. 432 'F' Street, Suite 302
Address: San Diego, CA 92101 [AA R Q 7 1985
Amount: $55,325.00 By delivery to clerk on _ Martinez. CA 94553
Date Received: March 6, 198 5.,. , ac By mail, postmarked on March 4, 1985
I. FROM: Clerk of thexBoard of �uperi(isors TO: County Counsel
Attached is a co . of. the abode-aioted claim.
Dated: March 6, 1985 'PHfL;=BAT ,R.CI k, By Deputy
'{ 1 Jolene Edwards
II. FROM: County Counse '_. :- �� TO: Clerk of the Board of Supervisors
(Check only one)
(�() This claim complies s stantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. 11YWBoard 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: ..G.-Q By: f, Deputy County Counsel
-o �' i
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 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: �,<-�-,�� PHIL BATCHELOR, Clerk, By , ' , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
i:LSAT* TO: BOARD OF SUPERVISORS OF CONTRA C099-ArdCoRYapplicationto:
Instructions to ClaimantC'erk of the Board
F.0.Box 911
Martinez,Califomia 94553
A. Claims relating to causes of action for death or for injury to
person or to personal property -or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911. 2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of ,Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez, California-_9,1.553.
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 ) Reserve stamps
STS � 12 �,��s�� �� ; RECEIVED
MAR / 1985
Against the COUNTY OF CONTRA COSTA)
or DISTRICT) CO
CONT =0. O
(Fill in name) )
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ SSl 3d s, 0.0
and in support of this claim represents as follows
----------------------------------------------------=-------------------
1. When did the damage or injury occur? (Give exact date and hour)
--------------------------------------------------nclude-----cityan----d-------county)------
2. Where did the damage or injury occur? (I
--------------------------------------------------- --------------------
3. How did the damage or injury occur? (Give full.-details, use extra .
sheets if required � X,�/�� 2
------ -------------------------------------------------------------
4. Wh-at--pa--rticular act or omission on -the part of county or district
officers , servants or employees caused the injury or damage?
�h 7�,o ��«�;,�5 � mac e
(over)
5.. What are the names of county or district officers, servants or
-.tmployeeg causing t e 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) / 3bf
,s-csa
ZP
7. How was the amount claimed above computed? (Include the tim ted
amount of any prospgctive injury or damage. }
-5 G 2c: j�/L �:/�G c�> y�/t--a i�-� � .
-------------------- ------------------------- ----------
8. Names and addresses o/f wityne_ss,es /doctors and hospitals.
-------------------------------------------------------------------------
9. .- -List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
l'I�T-E �D • o0
JL-/2 - S a
* **** **** ***7******
Govt. Code Sec. 410.2 provides
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. "
Name and Address of Attorney
G''c eb,> Aj )�-v&-4 ClaimanV s Signa re
- Sf #- -?112- �L7 7G/.G!1 Ci
s�1.0 c9 oi� 60� i° i Address
Z'IE C`9
Telephone No. Telephone No.,,r.Io 2—
NOTICE 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. "
1-17-85
STEVEN RAY MARSHALL
DOB: 11-19-50
SS# 568-82-8109
THIS INDIVIDUAL IS NOT THE INDIVIDUAL DESCRIBED IN
BENCH WARRANT ON CASE #CR-17662 AS ISSUED OUT OF
RIVERSIDE SUPERIOR COURT ON SEPTEMBER 13, 1982.
ANITA L. MILLER, Clerk to
- - - -- -- - , The Honorable JOHN H. BARNARD
JUDGE OF THE SUPERIOR COURT
rlN.--tl-1?C-.NN 7_-.fZEf MT -
-- -
-94-286c)
2850 _ -
Oy -------
-
- _--_
!
--- ---------
---' ---_-_- ---
SUPERIOR COURTOF CALIFORNIA,COUd JF RIVERSIDE - ` CRIMINAL(11
TITLE: PEbPL'E-v8- DATE d DEPT.OF HEARING NUMBER
STEVEN MARSHALL —17-85` 14 CR-17662
COUNSEL:FOR PLAINTIFF FOR DEFENDANT
R. Padla, DEPUTY DISTRICT ATTORNEY None DEPUTY PUBLIC DEFENDER
® ARRAIGNMENT —BENCH WARRANT Violation of Section(s).(Counts 8 Degree) Reporter:
Q CERTIFIED UNDER 859a P.C. 13 7 (c)PC(1 Ct) K. Smith
Q FURTHER PROCEEDINGS RE CUSTODY STATUS
*AND VIOLATION OF O NOT IN CUSTODY
PROBATION (Rvkd.9-10-82) 0JAIL BAIL ❑o/R
(As to each Defendant/Case, items checked indicate proceedings had and the Orders made by the Court)
(>t People represented as above and defendant present ( ] with (}d without counsel.
[ l Defendant states his true name is(as shown)
( ] Court [ ] .advises defendant [ ] is informed that defendant has been advised of his legal rights.
[ ) Rights waived.
[A Court appoints ] Public Defender j J (P. Lahti) to represent the defendant;
[ ] defendant advised re costs..
[ ] appears to represent the defendant. [ ) Public Defender relieved.
( } Copy of the [ ] Information [ ] Indictment is provided to the defendant.
( ] Copy of the Memorandum Re Violation of Probation is provided to the defendant. [ ] Reading waived.
[ j Defendant arraigned.
[ ) Motion to [ ) Set Aside the Information/indictment [ ]. Return Property /Suppress Evidence [ ]
is set for hearing on
[ ) granted [ j denied.
Defendant withdraws plea of [ ] NOT GUILTY [ ] NOT GUILTY BY REASON OF INSANITY as to Count(s).
] Defendant pleads [ ) Guilty [ ] Nolo Contendere as to Count(s)
[ ] Specification below
[ ) Not Guilty [ ] Not Guilty by Reason of Insanity as to Count(s)
[ ) Court [ ] accepts plea [ ] finds defendant Guilty [ ) finds factual basis exists for entry of plea-
Case/Count(s)
leaCase/Count(s) dismissed.
[ ] Court [ ] fixes degree of offense as degree.
[ ] declares offense a misdemeanor.
[ ] strikes prior(s).
[ ] strikes allegation(s)of [ ] being armed with a [ ] having used a firearm.
[ ) Defendant j ] admits [ ] denies j ] prior conviction(s)of a felony [ ] being armed with a
[ ] having used a firearm [ J being in violation of probation ( ) special allegation(s).
( ) Court finds defendant [ ) in [ ] not in violation of probation.
[ j Proceedings are suspended for the purpose of determining whether or not defendant is
( ] a mentally disordered sex offender. [ J Preparation and delivery of Certification waived.
[ ] a narcotic addict or in imminent danger of addiction.
[ ) presently mentally competent.
( j District Attorney ordered to prepare and file requisite documents.
f ] Doctors and appointed
to examine the defendant and to report their findings not later than
( ] Hearing thereon set for
[ ] Stipulated that the Court may make its findings based upon [ I Doctors' [ ) Probation Officer's Report.
[ ] Referred to the Probation Officer for ( ) presentence -[ ] supplemental investigation and report,returnable
to which time pronouncement of judgment is continued.
( ! Refers!�� i��ed; immediate pronouncement of judgment having been requested.
I ] Defendant waives statutory time for [ ]trial [ ] pronouncement of judgment [ ]
[ Trial date of ( ] vacated [ ] confirmed.. [ ] Rule re disposition at time of trial waived.
( J Trial Readiness date of [ ].vacated ( ) confirmed.
[ ] Case set for days [ ] jury trial [ ] court trial(jury waived)on
at and for Trial Readiness on at
[ j Case assigned to Department for all further proceedings.
[� Bail [ ] set at [ ) increased to [ ] reduced to $ [ ]remains as fixed.
[KJ exonerated [ ] exonerated pursuant to 1303 PC [ ] forfeited [ ] forfeiture discharged.
[ ] Petition/Motion for Release on Own Recognizance/Bail Reduction is [ ] granted [ ] denied [ ] referred to Release
Clerk [ ] set for hearing on ( J Counsel stipulate to ex-parte order.
( ] Defendant [ ] remanded to [ ] ordered released from the custody of the Sherrill.
[ ] Sherriff ordered to deliver defendant to Riverside County Jail, Riverside, for purpose of examination by medical exam-.
iners.
f Bench Warrant ( j ordered to issue [ j and issuance stayed until [ ] recalled and
i ' quasht;d ( J oruertd executed; bail fixed in tha sum of $ _
[ ] Defendant ordered to report to [ ] Probation Officer [ ] Public Defender's Office forthwith.
( ) No Information filed; to be refiled as a misdemeanor at Municipal Court, Judicial
District; hearing thereat set for
SDecification(s)of plea:
(x) Court is tinrcrmed Steven Marshall arrested on bench warrant issued in this
:Fatter is sarong person. Court so finds.
(a) Defendant discharged as to this matter.
Continued to _ at_ _ M. in Dept.__ BARNARD ._ Judge
9
.',T RA / JAIL 8 PO / BAIL FORF /� DRS / REl ClK
CA! MUNI CI! DISCH FORF / ACCT WAR BUR Miller Clerk
No. 111 ' 1/19 MINUTES.OF SUPERIOR COURT -CRIMINAL(1).
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT April 9, 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: Tiffany J. Cooper
C0jFn'Y iounW
Attorney: Elliott Friedman
1320 solano Ave. , suite 202 FEB 2 8 1980
Address: Albany, CA 94706
Marflnez, CA 9455;.
Amount; $1,000,000.00 By delivery to clerk on
Date Received: February 28, 1985 - By mail, postmarked on February 25, 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. e4&�
Dated: February 28, 1985PHIL BATCHELOR, Clerk, By � Deputy
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: -�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
(>< 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 mailto 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: f?�S' PHIL BATCHELOR, Clerk, By , Deputy Clerk
ee: County Administrator (2) County Counsel (1)
CLAIM
>J '
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
DATE:
C ;, ' ,!1T'S NAME: . TZFFANy T GOOPF.R , the natural daughter of decedent
T. Barnes
CLLii.. „iT'S ADDRESS: rite F11 ; nrr Friedman- 1320 Sol,ano Ave . , Ste, 202 . Albany , CA
94706 '
i""iti'.iiT'S TELEPHONE: ,([,T S) Sgg-1 61 6
TO WHICH NOTICES ARE TO BE SEN7: Same as above.
DATE OF ACCIDENT OR INCIDENT: 1/29/85
LOCATION OF ACCIDENT OR INCIDENT: Brookside Hospital , 2000 Vale Rd . , San Pablo , CA
94806
HOW DID ACC I DENT'OR I NCI DENT OCCUR: r a * „ .,....i fted a e g b^aA ,_,,,ua lLe_
was brought by ambulance to Brookside Hospital emergency facility.
Decedent was in need of immediate emergency medical attention. Despite
Decedent ' s grave condition Defendant hospital and its personnelfailed
DESCRIBE INJURY OR DAMAGE: to render adequate emergency care in conformance with the
minimum standards for emergency medical care in the Bay Area and turther,
failed to take adequate steps to transfer decedent to an . emergency
facility capable of rendering adequate care.
Wrongful Death.
NAME OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR DAMAGE:
Unknown at* this time
AMOUNT OF CLAIM: Ops M; , T ;,,,, diel: rs
ITEMIZATION OF CLAIM: (If damage to property is Involved, please sub t two estlm tes
of the cost of repair and/or coples' of paid invoices).
RECEIVED
J EB J1 198
PHR BATCHELOR
BITT
CONT T co p
If, tFiu accident involves a vehicle, pleisb• give following information:
L 1 :L:,'SE # 11AY.E AND YEAR OF CAR
Signed by or on behalf of claimant: '
ELLIOTT FRIEDMAN
ii
A _ JL
. i
I;
ii
1 � PROOF OF SERVICE
• 2 ! I , JACQUI COYLE declare that I am a citizen of
3!1!
�
; the United States and a resident of the County of Alameda .
I
4'j I am over the age of eighteen (18) years and not a.
5(!. party to the within action . My business address is I
l
6� 1320 Solano Ave. , Albany , CA 94706 i
7Ij On 71961985 I served the within
8�1
�I G�� Code Clain I
9i {
I I i
10�
I 1
11
{
12II on the f_ies in said action by placing a true
13
copy thereof enclosed in a sealed envelope with postage
I '
14 thereon fully prepaid in the United States Post Office
15 mail box at Albany , California , addressed as follows :
16 i
I
17 ( County of Contra Costa
Clerk, Board of Supervisors
1811 651 Pine St .
(i Martinez , CA 94553
191,
1
20
I!
21 i
22 •
�I 1
23
r. (
24;' I ' JACQUI COYLE certify under penalty of perjury
25 isthat the foregoing is true and correct .
ii i
26� Executed on 2/26/851985 at Albany,
I{
°Yoffik" 27 I California .
kms.
..,�,.,..+. 2811
C'QUI OYLE
I
.I
i
1,31
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County,. or District ) NOTICE TO CLAIMANT
April 9, 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: Delilah Laws
1072 Mt. View Blvd.
Attorney: Walnut Creek, CA 94596
Address:
Amount:, $288.13 By delivery to clerk on
Date Received: March 4, 1985 By mail, postmarked on March 1, 1985
1. FROM: Clerk of the Board of visors TO: County Counsel
Attached is a co Of the abo oted claim.
Dated: March 41
1985 `�'-PHIL BATCHELOR, �Clerk, By �iCuJ� Deputy
Jolene Edwards
II. FROM: County Couns 1 TO: Clerk of the Board of Supervisors
(Check only one)
( ) This claim complies substantially with ections 910 and 910.2.
( ) This claim FAILS to comply substantiail r-with Sections 910 and 910.2, and we are
so notifying claimant. The Board,oarinot act for 15 days (Section 910.8).
( ) Claim isnot timely filedy `"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. HOARD ORDER By unanimous vote of Supervisors present
l� 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: -f 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 mailto 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: �1�5� PHIL BATCHELOR, Clerk; By 14a& , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
(:LAL 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: Cl_aim by ) Reserved for Clerk' s filing stamps
} �*�x-�e
R PCEI rI�ErN
Against the COUNTY OF CONTRA COSTA)
or DISTRICT)
(Fill in name) ) PHX 3ATCMELO,4
Clr'7K BOARD OF SUPERVISORS
NTRA T Co.
The undersigned claimant hereby makes claim agai e � �� ntra
Costa or the above-named District in the sum of $
and in support of this claim represents as follows:
------------------------------------------------------------------------
d
1. When did the amage or injury occur? (Give exact date and hour)
- ?-- - -- - --v-.v-----------------------------------------
2. Where did the damage or injury occur? (Include city and county)
----- -- ------ ------
----------------- - - - ------- --------------------
3. How did the damage or injury occur? (Give ull details, use extra
sheets if required) a, GOU e,
�tvr, 6
z4az4v' 14M 4,&_AAdA
------------------------------------------------------------------------
4. . What particular act or omission on the part of county or district
officers , servants. or employees caused the injury or damage?
a-"-
(over)
�.Wiiat are the names of county or district officers , servants or
employees" causing the damage or injury?
6. What dama or injuries do you c im resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage) a, _A,&{Q.
ay e�g
1.,� J�,i�---�` ---n. ------------------------------------
7j How was the amount claimed above computed? (Include the estimated
11 amount of any prospective injury or damage. )
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
-------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury.
DATE „„�..,.. ITEM AMOUNT
ice►, � �. P'�J�-ry ��� �*y u.�o.�.�v .�na�—�
� �,,�, �, ex e-..uoucae....�z.amu , cu�i a'--� �..�-�a�✓�,�.�
Govt. Code Sec. 910. 2 provides .
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some erso on his behalf. ”
Name and Address of Attorney , 1A allA4)
Clm� S ' at re
ddres
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. "
BAY CITIES GLASS
Serving the entire Bay Arca
—�
' - Autos • Stores • Horns
aP-
� C� Farb 4-0 r 'n1
W �S 73 <o S 14
or -5--G -vU
C; bpi J
cis
OAKLAND SAN FRANCISCO HAYWARD FREMONT RICHMOND WAt<UT CR
452-5010 957 5959 782 5753 791 2929 529 1991 944-0112
2412 6103Owey 316 61h St 20525 MiSsmn Blvd 37276 MaPle SI 12825 Sen Pablo 2012 N.Mnn
CUPERTINO BERKELEY SAN MATED SAN RAFAEL DUBLIN E
280-1899 1644 1111 349 9700 499 0580 829 3722 281 1112
10025 So Tantau MOO 1032 So MOO 6743 Ou61m Blvd 463 Blossom H,11 Bd,
Cbiemont SI
LIVERMORE SO.HAYWARD ANTIOCH GENERAL OFFICE
449-6200 881-8888 ET
72.0908 778-0800 538 2005
Moode Ii 784 MlSSWO Blvdl Free Mdode 24780 NOW=Blvd
Jug -
NAN
. moi P
HONE .:
LineReRe.
No.]pai,; Iplace I DESCRIPTION OF DAMAGE II. PARTS I LABOR I PAINT I ALL OTHER',,;
BMW, IMFAM MINE ME
�■�■■■sem■
e■■ ®NEEM®■®■:
vii �i■®i�i�i��
m■■ e■o■�■�■
m■■ 11M■MM■ME■M010$
m■■■ �■�■�■�■
m®N
B■■ ®NEEM®N®IME
■.
MMM ®®®®®®■:
m■■ �■�■�■�■
mmWNW
_ ®■®■®■s■t
M■■ El
®N®■®N®■
MINE! m■®■m■m■,
I hereby authorize the above work and acknowledge receipt of copy.signed X
PARTS Prices subject to invoice 42
DOW YOUNG FORD, INC* LABOR-hrs.@$- $
Shop Supplies1800 f4orth Main PAINT @
Paint Supplies
Walnut CIreck, -Califom'a 94596
• • s0
Blrc*.c,-w-k Bench Ram ,:- -
i
•
/, 3/
/y
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT April 9, 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: Mario S. & Jessica C. Feusier County Counsel
4900 Sweetwood Drive
Attorney: Richmond, CA 94803 MAR 6 1985
Address: Martinez, CA 94553
Amount: Unspecified By delivery to clerk on
Date Received: March 4, 1985 By mail, postmarked on March 3, 1985
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
Dated: March 4, 1985 PHIL BATCHELOR, Clerk, By
JoDeputy
lene 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:
All
Dated: By: Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) County Co el, (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 Board's Order entered in its
minutes for this date.
Dated: _ - PHIL BATCHELOR, Clerk, By 11.2,n 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: 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 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
414t �1A
RECEIVED
Against the COUNTY OF CONTRA COSTA)
FMIL DATCMEIon
or DISTRICT) c RK DOA RD OF SUPERVISORS
CONT COSTA CO
(Fill in name) ) QY `
'u--�c�Oevury
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of
and in support of this claim represents as follows:
------------------------------------------------------------------------
d
1. When did the amage or injury occur? (Gives ex date and hour)
EYACI- 64-1-L &*a Howe i s ��o
bow (pE, occu�i?� ARowvo =I& dwJ?g .
-----------T----------- ------------ -----I------------------------
---
2. Where did the, damage or injury occur? (Include city and county)
49Qo Swee(wood taivE
KICAMoN,A, eA 44 ZO3
3. How did the damage or injury occur. (Give full details use extra
sheets if required) 4X' WcywE, U;6RArrod An1b N00&4.op,� 05� Me*
460AD404414(o Fic"Wno,a C'Ausk& B F_Qua �
PW
&.*o � e4;i i 6• MEAsE. see, AnT11 oHkrA
------------------------------------------------------------------------
4. What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
:&A&e& A-rr. Pic. u4-.r,"s TAxet4 8 y HE;o L f w,cc,q�s, �ofr�t,RA C.
(overt
" 5.� What are the names of county or district officers, servants or
employees causing the damage or injury?
PjbaE 1 W,c.UAMS) 6E4�RAL AS -
C�oR0o�1 8y�,as , low fcc, �wv�soa , C�� v(r R�c�4wve,ap �8u L 4w2Ks �P1�
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage) OA+hj+►LE -rc Tt►e. Go.�wsflartotJ of d t%b
RS 0-3IV%4;L- .8%.a OfW&AAErm.
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
--------------------------------------------------------------------------
ITEM
-------------
8. Names and addresses of witnesses, doctors and hospitals.
9. Lis ��eer- ou made on account of this accident or in 'ur
I TEM AMOUNT
F
******* •****.�t9t'�o'*.*.iir'*sir*'iY*3klc*�*********�k9r****�k*****************************fir*
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (:Pittorriey) or by some person on his behalf. "
Name and Address of Attorney
C1 ' signature
Add ss
Telephone No. Telephone. No. G1,�s�u3-s�•4�r
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a--felony.",