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Home My WebLink AboutMINUTES - 06181985 - 1.21 County Counsei ISI Ii l 2j Ws CLAIM 2 BOARD OF SUPERVISORS OF CONTRA COSTA OOOAPI' V AWE,Mot VON 3 BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT June 18 , 1985 governed by the Board of Supervisors, ) The copy oft s ocument 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: Eugene Werber Attorney: Address: P.O. Box 5343 Walnut Creek, CA 94596 Hand delivered Amount: $100, 000. 00 By delivery to clerk on May 21, 1985 Date Received: May 21, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: May 22, 19 8 5PHIL BATCHELOR, Clerk, ByA^./" P L-1 Deputy Cerve i II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) 0 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: S- - s s By: Deputy County Counsel III. FROM: Clerk of the Board TO: 1) Coun 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 th Board's Order entered in its min tes for this date. Dated: - PHIL BATCHELOR, Clerk, Byaa., , Deputy Clerk WAMfM (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: fQ- -��PHIL BATCHELOR, Clerk, By , , Deputy Clerk cc: County Administrator (2) - County Counsel (1) M A TU e 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 ) Rese s filing stamps �v 6-1:5 Nc Guy 3Ila& Against the COUNTY OF CONTRA COSTA) rh,,e.a-,-,Arco^ or DISTRICT) (Fill in name)" ) c. The undersigned claimant hereby makes claim against .the Coun�y of Contra Costa or the above-named ,District in the sum of $ l�(�� po o and in support of this claim represents as follows: 1. ---dd th ------- ------------------ ------------------------ - When ie damage - --- --- ------ r injur� occur? Give exact date and hour) �'I �"tZ 12 (q �' ig- i • M . 2. Where did the damage or injury occur? Include city and county � va�tior w d . - e. � . ----- --- _ � 3. How did the damage or injury occur? (Give full details, use extra sheets if required) 4_;�h , /b SJ TJ I k9c—A 1e7v 6D D�5� I hitFQ T,�ilw 44 Ar/?P, '3 rZ*0 g ' 619 . 81 . ke RE FI 4. What particular act or omission on the part .of county or district officers, servants or employees caused the injury or damage? Tt~b To 01) HeU 'PO Lbws 0-ov0ZkiNG PRoPmt, (,dlu nvC T o �v ��.� d t=' l C/l�iS • G�I� a- L� ��-G(,(�� G M v'. d Vs/ J G. (/vJu R Pr+A,.W . 61a-Sie CON 0 u C fi FKf6MV e77-000-4CIur', Sri-, (over) VI' Ai I V 11� T TA4Pl+� 1A) (r CIT(7- 5,. What are the names of county or district officers, servants or 4., employees causing the damage or injury? L T. G� e . M -�- w R.r-aw �= eu?�. C Nc'_{ (ba -FrLjb Tice-7uCafS � � Jo�2 SNovi 9. What damage or injuries do you claim resulted. (Give full extent of injuries br .damages claimed. Attach two estimates for auto damage) ��( f}C� VA/ 19 gg'T�� }}{�T laJ�nirry rj,eC799 -b GHES'-)46S' 4 $4000 iKvlS b t1+_4 1 4 04857 , J-1"9l,90 41-amP !N kowt,=F )+VooHG`A�i A xl rf �� C.ILVAL G_!��__vk ben, _--- 7. How was the amount claimed above competed? (Include the estimated amount of any prospective 'njury or damage. ) TH1si0r/ NrI ti 4 fCr 40. 00 0 , Mc;Nrl-1- Pi-N &vrsuOX/ oo , hp4,e-vvi eIxr/tiu , Rovew T'v 8o vNravL� fi.ov • +L'Tva E mnw - P _L T I� T M ►1_JV�=Eer S� T) ^b f3 Ili v�2_� $��,d o u --- - -_ b &141fJ/0.o►�� 8. Names and addresses of witnesses, doctors and hospitals. 'pgO�ol��/�G 94t� mt Fiovr n w •e . i�c'l2 uear M -a. , r3 . uR T hJfiR ?o S,. R Oely "a(.L n g A? Ih1 V• n NA-T-HM-.)' cv L/ iiet)�QJ 0ANV(L,-' p? Q�SERNN fi �'r��c�l 4 . D .# 210 (�1 � �i C�2��v Pill �l�F�' d�_�eg(4 (g 9. List the expenditures you made on account of this accident or injury: DATE-' ITEM AMOUNT 111 L;F 1 �cZ� (�( �� I � , ��}�-I S'��h- H 9A4 P?j am Govt. Code Seca 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) . . . . or bX some person on his behalf. " OF Name and Address of Attorney �►w� �� J. aim s' s Signature ki ti+�T S c�C �JA/ r- C'L� Telephone No. Telephone No. II ************************************************************************** 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. " APPLICATION TO FILE LATE CLAIM ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT June 18 , 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: Barbara Reid, Administrator of the Estate of Colo int�n° Raymond James Cartwright MAY '4 Attorney: Julie M. Houk 685 Carolina Street Mg1f1eZC�y4aD3 Address: San Francisco, CA 94107 Amount: $150, 000. 00 _ By delivery to Clerk on Date Received: May 17 , 1985 By mail, postmarked on May 16 , 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Applicat-on to ile Late Claim. DATED: May 17 , 1985 PHIL BATCHELOR, Clerk, By J Deputy ervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( v-�, The Board should deny this Application to File Late Claim (_!!!�qn 911.6 . DATED: 5- Z —�')� VICTOR WESTMAN, County Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supervisors esent (Check one only) ( ) This Application is granted (Section 911.6). 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 from 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 leave 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: PHIL BATCHELOR, Clerk, By 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 r LAW OFFICES OF JOHN HOUSTON SCOTT 685 Carolina Street San Francisco,California 94107 (415)821-2160 May 15, -1985 Clerk Board of Supervisors PHIL BATCHELOR Contra Costa County 0i SUP 651 Pine Street Room 106 Martinez, California 94553, RE: Oun- client Barbara Reid, Administrator of the Estate of Raymond James Cartwright - Petition to file a late claim Dear Madam/Sir: Enclosed please find a letter petitioning for permission to file a late claim in this matter. Please return a file endorsed copy to this office in the enclosed, self-addressed stamped envelope. Thank you for your assistance in this matter. Law Offices of JohnHou ton Scott B 1 11 u ie M. Hou Enclosures F . LAW OFFICES OF JOHN HOUSTON SCOTT 685 Carolina Street San Francisco, California 94107 (415)821-2160 May 15 , 1985 Clerk C PHIL B&?�I1E;AQ Lcg};nq-V RI10 1'S' C3N;EC., Board of Supervisors Contra Costa County 651 Pine Street Room 106 Martinez, California 94553 RE: Our client , Barbara Reid, Administrator of the Estate of Raymond James Cartwright - Petition to file a late claim _Dear Madam/Sir: This letter shall serve as a petition by Barbara Reid, Administrator of the Estate of Raymond James Cartwright, for permission to file a late claim against Contra Costa County and/or its employees pursuant to Government Code Section 911 . 4. The cause of action of the Estate of Raymond James Cartwright as set forth in his proposed claim attached hereto , accrued on or about January 25 , 1985 , a period within one year from the filing of this application. , Claimant ' s reason for the delay in presenting her claim against Contra Costa County is that although the unlawful acts by the county took place on or about January 25 , 1985 by the delivezy. of the _ Juvenile Court records of Raymond James Cartwright to Sellar, Hazard, Snyder & Kelly through the Zandonella Reporting Agency as described in the attached proposed claim, the claimant and her attorneys did not receive notice of the unlawful release of this information until sometime after January 25 , 1985. Since the 100 days after the accural of the :cause:-of l.action would not run until the Claimant had notice of the unlawful conduct , we believed that the claim was timely filed on May 7 , 1985 . However, in light of the NOTICE TO CLAIMANT OF LATE-FILED CLAIM, we are now petitioning for permission to file the late claim given the circumstances described above. I declare under penalty of perjury that the foregoing is true and correct. Executed this 15th day of May, 1985 at Berkeley, California. LAW OFFICES OF JOHN HOUSTON S OTT B • ~, . u ie M. Houk Enclosure LAW OFFICES OF JOHN HOUSTON SCOTT 685 Carolina Street San Francisco,California 94107 (415)821-2160 s May 6, 1985 Clerk Board of Supervisors _ Contra Costa County 651 Pine Street Room 106 Martinez, California 94553 Re: Our client Barbara Reid, Administrator of the Estate of Raymond James Cartwright Dear Mada/Sir: This letter shall serve as a CLAIM FOR DAMAGES against J.R. Olsson, Clerk of the Superior Court, Custodian of Records, County of Contra Costa; W. Coker, Deputy County Clerk, Contra Costa County; and the. County of Contra Costa as follows: (PROPOSED)CLAIM FOR DAMAGES DATE OF INCIDENT: On or about Jan-clary 25, 1985 CLAIMANT'S INFORMATION: NAME: THE ESTATE OF RAYMOND JAMES CARTWRIGHT ADMINISTRATOR: BARBARA REID ADDRESS : c/o Lloyd F. Scott , Attorney. at Law 445 Nora Court Walnut Creek, California 94596 Telephone: 415/935-2112 AMOUNT OF CLAIM: General, Special and Punitive damages in the amount of $150 ,000.00 (one hundred fifty thousand dollars) DESCRIPTION OF INCIDENT: In violation of a mandatory duty not to disclose juvenile records without an order of the Juvenile Court , J.R. Olsson, Clerk of the SUperior Court and/or W. Coker, Deputy County Clerk, released the juvenile records of RAYMOND JAMES CARTWRIGHT to Sellar, Hazard, Snyder & Kelly, . Attorneys at Law in care of Zandonella Reporting Service, 2827 Concord Blvd. , Concord, California 94519. This information was released to- Sellar, Hazard, Snyder & Kelly through Zandonella Reporting Service on or about January 10 , 1985. The attorneys for the Estate of Raymond James Cartwright received notice of the release of Mr. Cartwright' s juvenile records on or after January 25, 1985. Clerk -Board of Supervisors Contra Costa County 100 Day Claim Estate of Ray%ond James Cartwright May 6, 1985 Page Two The' Estate of Raymond James Cartwright has and will suffer damages as a direct and proximate result of the unauthorized release of .said records to Sellar, Hazard, Snyder & Kelly. In particular, said release has and may continue to result in prejudice to a lawsuit filed by the Estate of Raymond James Cartwright in the United States District Court, Northern District of California. POSSIBLE WITNESSES Gretchen Menkameyer James Hazard Se-lar, Hazard, Snyder & Kelly P.O. Box 3510 Walnut Creek, California 94598 Zandonella Reporting Service 2827 Concord Blvd. Concord, California 94519 Lloyd F. Scott Attorney at Law 445 Nora Court Walnut Creek, California 94596 PERSON TO CONTACT WITH RESPECT TO THIS CLAIM: Julie M. Houk, Esq. John Houston Scott, Esq. Law Offices of John Houston Scott 685 Carolina Street San Francisco, California 94107 415/821-2160 or 415/849-1858 Dated: May 6, 1985 LAW OFFICES OF JOHN HOUSTON ACOTT B 2.e ou sq. APPLICATION TO FILE LATE CLAIM • BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT June 18 , 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: Theresa Elaine Cruz county counsel Attorney: c/o William K. Houston McNamara, Houston, Dodge, McClure & Ney ��AY 2 1985 Address: 1211 Newell Avenue Suite 202 Ao, 6oxs,Qw Walnut Creek, CA 94596 Cp 84553 Amount: Equitable Indemnity- By delivery to Clerk on Date Received: May 17 , 1985 By mail, postmarked on May 16 , 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted ApplicUnFile Lae Claim. DATED: May 17 , 1985 PHIL BATCHELOR, Clerk, By Deputy ve II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( ) The Board should deny this Application to File Late Claim (Secti n 911.6 . DATED: S-7 VICTOR WESTMAN, County Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). CXi 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: L-f-� PHIL BATCHELOR, Clerk, By o Deputy WARNING (Gov. Code $911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation 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 leave 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 attorne u should do so immediately. IV. FROM: Clerk of the Board T0: 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: r„— g PHIL BATCHELOR, Clerk, By .0Deputy 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 McNmApw HOUSTON, DODGE,MCCLUH a NEY DANIEL J.MCNAMARA ATTORNEYS AT LAW WILLIAM K.HOUSTON,JR. 0211 NEWELL AVENUE,SUITE 202 J.THOMAS DEAL RICHARD E.DODGE MAILING ADDRESS P. O. BOX 5208 THOMAS E.PFALZCR DOUGLAS C.McCLURE WALNUT CREEK, CALIFORNIA 04506 DIANNE: KREMEN COVVILLE MICHAEL J.NEY WILLIAM J.DirF'ZNDZRrER THOMAS O.BEATTY WS) 939-5330 JOHN FIORETTA ROBERT M.SLATTERY GUY D.BORGES N.BENNETT ARNBERGER PLEASE RESPOND TO. RISA SALAT P.O.box 5288 SUSAN M.JErrRIi.S WALNUT CREEK,CA 94596-1288 May 15, 1985 R.ECEIVED The Board of Supervisors County of Contra Costa rHIL BATe:1 IE�Oj County Administration Building P0APC0, 651 Pine Street, Room 106 DO, Martinez, CA 94553 Re: Theresa Elaine Cruz v. County of Contra Costa and County of Contra Costa Hospital Gentlemen: Enclosed please find Application to File Late Claim and Claim for Equitable Indemnity (Government Code Sections 905.2 and 910, served herewith on behalf of Theresa Elaine Cruz. As you will see from copy of a Proof of Service attached to the Application and Claim dated April 18, 1985, we attempted to serve the Board of Supervisors on that date; however this claim was inadvertently sent to the City of Martinez. Per copy attached of letter of Ms. Ann Cervelli dated May 10, 1985, your office returned the City's claim, which was inadvertently sent to your office due to a switch in envelopes at the time of mailing. Should you. have any questions, please do not hestitate to call me. Very truly yours, McNAMARA, USTON, DODGE, McCLURE & NEY Wi 11 K. Ho ton, Jr. WKH/ji Encls. The Board of Supervisors Contra Phil Batchelor C Wrk of the Board and County Administrator County Administration Building Costa } (415)372-2371 651 Pine St., Room 106 County Martinez, California 94553 y Tom Powers,1st District ' Nang C.Fohdon,2nd Districi _ Robert 1.Schroder,3rd District Sumo Wright MCPeak 4th District Tom Todekson,5th District May 10, 1985 Theresa Elaine Cruz c/o William K. Houston McNamara, Houston, Dodge, McClure & Ney 1211 Newell Avenue, Suite 202 Walnut Creek, CA 94596 Dear Ms. Cruz: Enclosed please find the application to file a late claim which you submitted to the Contra Costa County Board of Supervisors on April 19, 1985. As the claim is against the City of Martinez, we are returning it ' to you. Sincerely, Phil Batchelor Clerk of the Board of Supervisors and County Administrator I • � V By Ann Cervelli, Deputy Clerk ac encl. CC: County Administrator County Counsel . WILLIAM K. HOUSTON 1 MCNAMARA, HOUSTON, DODGE, McCLURE & NEY 1211 Newell Avenue, Suite 202 2 Post Office Box 5288 R-' CE1VT T) Walnut Creek, CA 94596 _ 3 Telephone: (415) 939-5330 4 Attorneys for Claimant THERESA ELAINE CRUZ PHIL BATf:IIE:O^. n<�n- :ERK Oi 5 c c� g 7. Genus i 6 7 8 THERESA ELAINE CRUZ, 9 Claimant, APPLICATION TO FILE LATE CLAIM 10 VS. 11 COUNTY OF CONTRA COSTA and COUNTY OF CONTRA COSTA 12 HOSPITAL 13 / 14 TO: THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS 15 1. Application is hereby made for leave to present 16 the attached claim for equitable indemnity. 17 2. On or about September 8, 1983 ANN CARRILLO 18 was injured by an automobile as she departed from the Contra 19 Costa County Hospital by way of crossing the crosswalk from 20 the western to the eastern side of Alhambra Avenue, which crosswa . 21 connected the southwest to southeast corners of said intersection 22 of Alhambra Avenue and "B" Street in the City of Martinez in 23 the County of Contra Costa. ANN CARRILLO was immediately hospita 24. ized at Contra Costa County Hospital where she died on September 25 15, 1983. 26 3 . Laura Hinton, James Carrillo, John Martinez, 27 Edward Carrillo, and Randy Carrillo are the surviving children 28 and heirs of Ann Carrillo and said individuals filed a complaint 1 naming claimant , the County of Contra Costa, the County of 2 Contra Costa Hospital, and the City of Martinez as defendants. 3 This complaint was served on claimant on July 16, 1984. Under 4 Section 901 of the California Government Code, claimant's cause 5 of action for equitable indemnity or partial equitable indemnity 6 arose on that date. 7 4. The reason for claimant's delay in presenting 8 its claim is set forth in California Government Code Section 9 911. 6(b) (i) ; mistake, inadvertence, surprise, and excusable 0 10 neglect. 11 a) As stated, the complaint was served on claimant 12 on July 16, 1984. Claimant' s insurance carrier soon thereafter 13 retained the law firm of Jacobs, Cameron & Martz to defend 14 claimant and H. Mal Cameron was assigned to handle claimant's 15 defense. On information and belief, it is alleged that, soon 16 thereafter, Mr. Cameron tendered the coverage limits of claimant' 17 insurance policy to counsel representing the surviving children' 18 and heirs of Ann Carrillo. On information and belief, it is 19 further alleged that said tender was made with no time limits 20 imposed on it for acceptance and that Mr. Cameron continued 21 his representation of claimant with the belief that said tender 22 would be accepted. • 23 b) On information and belief, it is alleged that 24 Mr. Cameron left the employment of the law firm of Jacobs, 25 Cameron & Martz on or about August 11, 1984. Soon thereafter, 26 George W. Jacobs of said law firm. took over claimant's case 27 and continued to represent claimant under the belief that said 28 tender would still be accepted. MCNAMARA.110t5TON, DODGE,MCCLVRE&NBY 2fitsATTORNEYS AT LOX —2- fits NEWEL,AVE.SUITE 202 1 c) on information and belief , it is alleged that 2 claimant's attorney, Mr. Jacobs , acting in reliance upon his 3 belief that said tender would be accepted, did- not file a claim 4 for equitable indemnity against the County of Contra Costa _ 5 and the County of Contra Costa Hospital within the time prescribe ' 6 by Section 901 of the California Government Code. 7 d) On information and belief, it is further alleged 8 that Mr. Jacobs did not file a claim against the County of 9 Contra Costa and the County of Contra Costa Hospital because 10 he operated under a mistake of law, to wit, that the "late 11 discovery rule" applied to California Government Code Section 12 901 with respect to determining wh.en a cause of action for 13 equitable indemnity accrues. Such mistake of law was made 14 on a complex and debatable legal issue and was therefore reasonabL( 15 and, as such, constitutes proper grounds for acceptance of a 16 late claim based on mistake, inadvertence, surprise, and excusabla 17 neglect as set forth in California Government Code Section 18 911.6(b) (i) . 19 e) On or about February 11, 1985 legal representation 20 of claimant was transferred to her new attorneys of record, 21 the law firm of McNamara, Houston, Dodge, McClure & Ney. 22 After extensive legal research and review of claimant's file, 23 said attorneys determined that claimant's prior attorneys had 24 operated under a mistake of law as to the accrual date of a 25 claim for equitable indemnity against a public entity, and 26 further determined that said tender had not been accepted, 27 and would probably not be accepted within the immediate future. 28 Efforts to present the attached claim were immediately undertaken YACNAM"A.HOUSTON, DODGE.MCCLVRE&NEY A'"OONCYS AT LAW -3- 120 049WELL AVE.SUITC 202 PC sox Sass WAOLLNUT CRECK.CA SASSO 1 by cla'imant's new attorneys of record. 2 5. The County of Contra Costa and the County of 3 Contra Costa Hospital have not been, and will not be, prejudiced 4 by the late presentation of the attached claim. The surviving 5 children and heirs of Ann Carrillo presented a claim against 6 the County of Contra Costa and the County of Contra Costa 7 Hospital with respect to the same incident on or about December 8 16, 1983 and, therefore, the County of Contra Costa and the 9 County of Contra Costa Hospital have been on notice of the 10 claims against them for some time and have been provided ample 11 time in which to investigate the allegations of said claims 12 against them as well as receiving all pleadings and discovery. 13 Moreover, the bulk of discovery remains to be completed and, 14 to date, only the deposition of claimant has been taken only 15 with respect to personal assets and not with respect to liability. 16 For the foregoing reasons, claimant respectfully 17 requests that this Application to File Late Claim be approved 18 and that the attached claim be accepted for grant or denial. 19 DATED: April -91 1985. 20 McNAMARA, HOUSTON, DODGE, McCLURE & NEY 21 22 23 LIAM K. H USTON DATED: May 15, 1985 24 . 25 McN O STON, GE McCLURE & NEY BY 26 W K. HOU TON, JR. 27 Attorney THERESA ELAINE CRUZ 28 MCNAMABA.HOUSTON, DODGE.MCCLURE&NEY -4- ATTO!,=AT{JWV • i WILLIAM K. HOUSTON 1 McNAM_ARA, HOUSTON, DODGE, McCLURE & NEY 1211 Newell Avenue, Suite 202 . 2 Post Office Box 5288 Walnut Creek, CA 94596 3 Telephone: (415) 939-5330 - 4 Attorneys for Claimant THERESA ELAINE CRUZ 5 6 7 8 THERESA ELAINE CRUZ , 9 Claimant, CLAIM FOR EQUITABLE INDEMNITY . 10 vs. (Government Code Section. 905.2 and 910 ) 11 COUNTY OF CONTRA COSTA and COUNTY OF CONTRA 12 COSTA HOSPITAL 13 / 14 TO: THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS 15 1. A claim for equitable indemnity is hereby made 16 on behalf of THERESA ELAINE CRUZ against the County of Contra 17 Costa and the County of Contra Costa Hospital. 18 2. Claimant's name and mailing address is: 19 Theresa Elaine Cruz (Baumgarten) 6101 Dancaster Place 20 Oakland, CA 94611 21 3. Claimant desires notices of this claim to be 22 sent to: 23 William K. Houston McNamara, Houston, Dodge, McClure & Ney 24 1211 Newell Avenue, Suite 202 Post Office Box 5288 25 Walnut Creek, CA 94596 26 4. This is a claim for equitable indemnity or partial 27 equitable indemnity arising out of a lawsuit for the wrongful 28 death of Ann Carrillo which was brought by her surviving children 1 and heirs Laura Hinton, James Carrillo, John Martinez, Edward. 2 Carrillo, and Randy Carrillo. on or about September 8, 1983 , 3 Ann Carrillo was injured by an automobile driven by the claimant 4 as Ann Carrillo was departing from the Contra Costa County 5 Hospital by way of crossing the crosswalk in front of said 6 hospital on Alhambra Avenue in the City of Martinez in the 7 County of Contra Costa. Ann Carrillo was immediately hospitalize4, 8 at Contra Costa County Hospital where she died on September 9 15, 1983 . - 10 5. As a result of said death, the previously named 11 surviving children and heirs of Ann Carrillo filed a Complaint 12 naming claimant, Contra Costa County, Contra Costa County Hospita 13 and the City of Martinez as defendants. A copy of that complaint 14 is attached hereto as Exhibit "All and incorporated herein by 15 reference. Claimant was served with the complaint on July 16 161 1984. The amount of damages for which claimant may be 17 held liable under this complaint is presently unknown. ,�' 6. if liability is imposed upon claimant as a result 19 of the attached complaint, Contra Costa County and the Contra . 20 Costa County Hospital will have an equitable duty to indemnify 21 claimant, either entirely or in proportion to their , 22 relative degree of fault. The amount of such equitable ' indemnity 23 is to be determined at the time judgment is rendered or settlement 24* is reached, said amount being presently unknown to claimant 25 DATED: April 1985. 26 McNAMARA, HOUSTON, DODGE, 27 McCLU E & EY 28 14MMARA.HOMMN. V DODGE.MCCLVRE&HEY WILLJAM K. HOVSTON ArTCANCYS AT LAW (S-ePage 2-A, attached. ) 1 2 DATED: May 15, 1985 3 McNAMARA, HOUS 0 DWfCLU & NEY 4 BY . _ WILLIAM HOUSTON, J . 5 Attorneys for ERE ELAINE CRUZ 6 7 8 9 10 11 12 13 14 15 16 17 _- 18 19 20 21 22 23 24 25 26 27 28 MCNAMARA HOUSTON, :DODGE,MCCLURE&NEY _2-A- ATTORNEYS AT LOW 12B NEWELL AVE..SUITE 202 I.O.SOX$288 WOLLNUT CREEK CA"BOO I HRISTOPHER J. JOY FANS & RUSSELL 2 e Kaiser Plaza, Suite 2135 ` akland, CA 94612 O n g (415) 444-6100 L� JOHN C. WILLBRAND JUL 161984 1070 Concord Avenue 5 Suite 100 ,;,. �t C•�t oncord, CA 94520 Attorneys for Plaintiffs 7 8 g SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF CONTRA COSTA SUMMONS ISSUED 11 12 LAURA HINTIN, JAMES CARRILLO, ) N0. 261637 JOHN MARTINEZ, EDWARD CARRILLO, ) 13 and RANDY CARRILLO, ) 14 Plaintiffs , ) 15 vs . ) COMPLAINT FOR 16 THE COUNTY OF CONTRA COSTA, ) WRONGFUL DEATH CONTRA COSTA COUNTY HOSPITAL, ) TRAN 028186 07/16/84 17 THE CITY OF MARTINEZ, THERESE ) CASE4 261637 ELAINE CRUZ and DOES 1 through ) OEPT:COMPLAINTS 18 15, inclusive, RECEIPT00024943 •C4 01TOTAL ti96.G' 19 Defendants. ) 8o 21 22 Plaintiffs allege: 88 FIRST CAUSE OF ACTION 84 1. Defendant, COUNTY OF CONTRA COSTA is , and at all 85 times mentioned herein was , a county duly organized and 86 existing under the laws of the State of California. Jeans& RueftU ATTORNEYS AT " EXHIBIT.� I efendant , CONTRA COSTA COUNTY HOSPITAL is, and at all times entioned herein was , owned and operated by defendant COUNTY g DF CONTRA COSTA. 4 2. Defendant, CITY OF MARTINEZ is, and at all times 5 entioned herein was, either a municipal corporation, or a 6 chartered city, duly organized and existing under the laws 7 of the State of California and situated in the County of g Contra Costa. 9 3. Defendant, THERESE ELAINE CRUZ is, at all times 10 entioned herein, was an employee of defendant CONTRA COSTA 11 COUNTY and in doing the acts hereinafter described acted in 12 the course and scope of her employment. is 4. . Plaintiffs are ignorant of the true names and 14 capacities of defendant sued herein as Does 1 through 50, 15 inclusive, and therefore sue these defendants by such 16 fictitious names. Plaintiffs will amend this complaint to 17 allege their true names and capacities when ascertained:+ 1s Plaintiffs are informed and believe and thereon allege that 19 each of said fictitiously named defendants is negligently 80 or wrongfully responsible in some manner for the occurrences 81 hereinafter alleged, and that plaintiffs' damages as herein 88 alleged were proximately caused by said negligence and 88 wrongful conduct. 84 5. Plaintiffs, LAURA HINTIN, JAMES CARRILLO, JOHN 85 MARTINEZ, EDWARD CARRILLO and RANDY CARRILLO, are the ` 96 surviving children and heirs of ANN CARRILLO, deceased. i Deane& Russcil ATTOMYS AT LAW Out Kwoer Pin" suits aim 2 1 6. At all times herein mentioned Alhambra Avenue was 8 public street and highway running in a generally northerly $ and southerly direction located in the City of Martinez, County of Contra Costa. 5 7. At all times herein mentioned "B" Street was a 6 public street and highway running in a generally easterly and westerly direction in theCity of Martinez, County of g Contra Costa. i 9 S. At all times herein mentioned defendant CONTRA i 10 COSTA COUNTY HOSPITAL was situated .on land owned by said 11 defendant or said defendant County, which property including 12 uilding, parking lots, driveway, and appurtenances which 18 property was opened to its general public for ingress and 14 egress to said hospital. 1b 9. On or about September 8, 1983 at approximately 16 4:45 p.m. decedent ANN CARRILLO was a pedestrian crossing 17 the crosswalk from the western to the eastern side of 1g Alhambra Avenue which crosswalk connected the southwest to 19 the southeast corners of said intersection of Alhambra 20 Avenue and "B" Street. At said time and place defendant 81 THERESE ELAINE CRUZ and Does 1 through 5 were the owners and gg operators of that certain 1973 Volkswagon Sedan, California gg License No. 480 GUC. At said time and place defendants 84 THERESE ELAINE CRUZ and Does i through 5, so negligently SS owned, operated, entrusted and maintained said automobile as e6 to cause it to collide with ANN CARRILLO, deceased, causing Jeans A Russell AT"MAKEYS AT 6AW 1 riev6us personal injuries . ANN CARRILLO was immediately 2 ospitalized at Contra Costa Hospital where she died as a 9 roximate result of said injuries on September 15, 1983. 4 10. As the direct and proximate result of the 5 egligence and carelessness of defendants and each of them 6 herein, which negligence and carelessness proximately 7 exulted in the death of ANN CARRILLO, plaintiffs herein g have incurred expenses for medical care, as well as burial 9 and funeral expenses in connection with the injuries and 10 death suffered by their mother, ANN CARRILLO. The total 11 amount of said medical and funeral expenses are presently 12 nknown to plaintiffs aid leave of court is prayed to insert 13 same when ascertained. 14 11. As a further direct and proximate result of the 15 carelessness and negligence of defendants and each of them, 16 plaintiffs have suffered the loss of care, comfort, society,_. 17 protection, support, companionship, services, training and 18 advice, and all other damages for wrongful death of their 19 beloved mother. 80 12. On or about December 16, 1983, a claim as 21 prescribed by law was presented to defendant, COUNTY OF 82 CONTRA COSTA and defendant, CONTRA COSTA COUNTY HOSPITAL. gg On or about January 17, 1984, defendant denied said claim. 84 13. On or abut December 16,1983. a claim as 25 prescribed by law was presented to the CITY OF MARTINEZ. " 86 Said claim was rejected by operation of law on or about deans& Russell ATTORNEYS AT LAW One Kaiser Plw 4 Suite sin 4kW 4 f&Nwnw 91618 I ebruary 15, 1984 . 8 WHEREFORE, plaintiffs pray judgment against defendants s and each of them, as hereinafter set forth. 4 SECOND CAUSE OF ACTION 5 As and for a second cause of action, plaintiffs 6 complain of defendants and each of them, and allege. . . 7 14. Plaintiffs refer to and incorporate by reference 8 aragraphs l through 13, of the First Cause of Action as 9 though fully set forth herein. 10 15. At all times herein mentioned defendants COUNTY OF 11 CONTRA COSTA, CONTRA COSTA COUNTY HOSPITAL and CITY OF , 12 MARTINEZ, owned and possessed and were charged with the 18 operation and maintenance of the CONTRA COSTA COUNTY 14 HOSPITAL including the structures , streets , parking lots and 15 other appurtenances adjacent thereto. 16 16. At all times herein mentioned and for many years _ 17 . prior thereto, said defendants had actual and/or 18 construction notice that said hospital was frequented by 19 individuals member of the public who suffered from various 80 physical or mental disorders and did not possess full mental $1 and/or physical capabilities. Said individuals , including gg the deceased, ANN CARRILLO, were required to cross the gs streets, sidewalk., parking lots and other public areas in 84 order to obtain medical treatment at the CONTRA COSTA COUNTY 85 HOSPITAL. In conjunction therewith said defendants had 86 actual and/or constructive notice that Alhambra Avenue was a Jeans& RuescU ATTORKEYa AT LAS' Opc Suite s a 5 0Akkna c tuQm.wei: ajor thoroughfare within the City of Martinez; that vehicle - 2 rivers traveling south on Alhambra Blvd. from Berrellesa. S t. , had to round a corner and had only an obstructed view 4 f the crosswalk in front of the Hospital; that neither S Alhat6bra Avenue nor Berrellesa St. had sufficient warning 6 signs concerning the presence of pedestrians leaving or . 7 entering the hospital; that the existing warning signs , if g any, created a trap for motorists and pedestrians; and that g adequate warning signs were necessary .to warn of the 10 angerous condition to vehicles and pedestrians which 11 condition was not reasonably apparent to nor could be 12 anticipated by a person exercising due care. is 17. As a result of facts set-out in paragraph 16 14 bove , the property occupied by the Contra Costa County 15 Hospital was in a dangerous condition that created a 16 substantial risk of the type of automobile/pedestrian 17 collision that occurred herein when the property was used .18 ith due care in a manner in which it was reasonably 19 foreseeable that it would be used. $0 18. Plaintiffs are informed and believe, and thereon 91 llege that there were other activities and conditions, not gg presently known, which activities and condition were carried gg or caused by the defendants CITY OF MARTINEZ, COUNTY OF 84 CONTRA COSTA, CONTRA COSTA COUNTY HOSPITAL and their agents 2s or employees, which activities and conditions caused or 86 contributed to the dangerous condition of the public Jcans& Russctl ATTtMXZYS AT LA sati szas I property as alleged herein. 8 19. On or about September 8, 1983 at approximately 9 4 :45 p.m. decedent ANN CARRILLO was a pedestrian crossing in he crosswalk from the western to the eastern side of 5 lhambra Avenue which crosswalk connected the southwest to 6 the southeast corners of said intersection of Alhambra 7 venue and "B" Street. At said time and place and as a 8 proximate cause of the dangerous condition of public 9 roperty as above described, the deceased was struck by a 10 vehicle causing grievous personal injuries and death as 11 described above. As the proximate result of such injuries 18 n death plaintiff sustained damages as described above. 13 WHEREFORE, plaintiffs pray judgment against defendants, 14 and each of them, as follows : 15 1. For hospital, medical, funeral and burial 16 expenses according to proof; _. 17 2. For general damages for the wrongful death of' ANN !8 CARRILLO, according to proof; 19 3. For costs of suit incurred herein; and 80 4 . For such other and further relief as the Court may 21 eem proper. ggDated: July 16, 1984. 88 JEANS & RUSSELL 84 c 85 BY:4 $6 Attorneys for Plaint f Jeans& Russell A77DRNEY6 A7 LAW One Kaiser Plaza , sults$ibis 0"IMM L GMtlfaedS M12 J VERIFICATION - 1 . 2 I am an attorney at law admitted to practice before all_ 8 ourts of the State of California and have my office in the ounty 'of Alameda, State of California, and am one of the 5attorneys for plaintiffs in the above entitled action; that 6 laintiffs are unable to make the verification because they re absent from said county and for that reason affiant 8 akes this verification on plaintiffs' behalf; that I have 9read the foregoing FIRST AMENDED COMPLAINT FOR WRONGFUL 10 DEATH and am informed and believe the matters therein to be 11 true and on that ground allege that the matters stated 12 therein are true. i8 . Executed on July 16, 1984 at Oakland, California. 14 I declare under penalty of perjury under the laws of 15 the State of California that the foregoing is true and 16 correct. 17 is 19 CHRISTOPHER J. JOY 80 81 88 88 84 as 86 Jeans& RuswU ATTORNEYS AT LAW One Ka1wr Pkz. 8 Suite Ilea PROOF OF SERVICE BY MAIL (CCP §§ 1013(a) - 2015.5) I am employed in the County of Alameda , State of California. I am over the age of 18 years and not a party to the within action; my business address is One Kaiser - Plaza, Suite 2135 , Oakland, California 94612. On July 16, 1984 , I served the attached FIRST AMENDED COMPLAINT FOR WRONGFUL DEATH on the parties to said action by depositing a .true copy thereof in a sealed envelope with postage thereon fully prepaid, in the United States mail at Oakland, California, addressed as follows: H. Mal Cameron 2199 Norse Drive, Suite C Pleasant Hill, CA 94523 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and . correct. Executed at Oakland, California, o July 16, 9 4. �J 7 � 1 PROOF OF SERVICE BY MAIL (C.C.P. S§ 1013x, 2015. 5) 2 I hereby declare under penalty of perjury that I am _ 3 a- citizen of the United States, am over the age of eighteen 4 years, and not a party to the within action; my business address 5 is 1211 Newell Avenue, Suite 202, Walnut Creek, CA 94596. -- 6 On this date I served APPLICATION TO FILE LATE CLAIM 7 and CLAIM FOR EQUITABLE INDEMNITY (Government Code Section 905.2 and 910) 8 on the parties in said action, by placing a true copy thereof 9 enclosed in a sealed envelope with postage thereon fully prepaid, 10 in the United States Post Office mail box at Walnut Creek 11 California, addressed as follows: 12 Clerk of the Board of Supervisors 651 Pine Street 13 County Administration Building Martinez, CA 94553 14 15 16 17 _ 18 19 20 21 22 23 24 25 26 ` 27 Executed on April 18, 1985 at Walnut Creek, 28 California. MCNA.ISIARA,HoLsm%, WDGE.MCCLURE&NEY ATTORNEYS AT LAW t2K NEWELL AVE.SUITE 202 •O Box 5268 WALNUT CREEK CA 94596 PROOF OF SERVICE BY MAIL (C.C.P. 1013a, 2015.5) 2 1 hereby declare under penalty of perjury that I am 3 a citizen 'of the United States, am over the age..,of eighteen 4 years, and not a party to the within action; my business 5 address is 1211 Newell Avenue, Suite 202, Walnut Creek, 6 California 94596. 7 On this date I served APPLICATION TO FILE LATE CLAIM AND 8 CLAIM FOR EQUITABLE INDEMNITY (Government Code Sections 905.2 and 9t() ) 9 on the parties in said action, by placing a true copy thereof, 10 enclosed in a - sealed envelope with postage thereon fully prepaid, 11 in the United States Post Office mail box .at Walnut Creek, 12 California, addressed as follows: 13 Clerk of 14 The Board of Supervisors County of Contra Costa 15 County Administration Building 651 Pine Street, Room 106 16 Martinez, CA 94553 17 18 19 20 21 22 23 24 25 26 27 Executed on May 15, 1985 at Walnut Creek, 28 California. MCNAKAILA,BOUMN. DMM,MCUMM&NEY AMME"AT LAW k"m Aw.surm aoa Jan Ivy-11— BOARD OF SUPERVISORS OF �L6A/n iRAf�A COSTA COUNTY, CALnMRNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT June 18 , 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: William and Charlotte DeHart County CoUASei Attorney: Stanley J. Bell A Professional Corporation MAY 2 2 1985 Address: Two Transamerica Center . . Martinet, CA 94553 505 Sansome Street, 18th FI-oo delivery to clerk on Amount: San Francisco, CA 94111 � 2 Date Recei 000, 000. 00 By mail, postmarked on May 20, 1985 ed: May 21 , 19 8 5 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: May 22, 1985 PHIL BATCHELOR, Clerk, By UAMIa Deputy n Cerve i 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 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 BoardT0: (1) Co ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with n ice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present C>9 This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the(rd's Order entered in its minutes fo phis date. Dated: - PHIL BATCHELOR, Clerk, By o , Deputy Clerk WARNM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months Pram 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 claimeW s right to apply for leave to pr ent a late claim was mailed to claimant. DATED: P14- BATCHELOR, Clerk, By a . , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM MOMRECEIVED rMIL EiATC►+EI O►i 1 CLAIM FOR DAMAGES FOR WRONGFUL A'1r"a:51141oo`NTFM ns�n SORS 8Y .. Ekpury 2 TO: BOARD OF SUPERVISORS 3 COUNTY OF CONTRA COSTA 651 Pine 4 Martinez, California 5 CITY COUNCIL CITY OF PLEASANT HILL 6 3300 North Main Pleasant Hill, California 7 PLEASE TAKE NOTICE that the undersigned hereby serves and makes 8 demand upon you for the cause and amounts set forth in the following claim: 9 Claimants' names and addresses: 10 All heirs of KIMBERLY DeHART, Deceased, including but not limited to: aa900 11 W r-�e s s WILLIAM DeHART 5 pq A U..i = J 1 negligently and carelessly controlled, supervised, designed, constructed, altered, repaired, 2 owned, maintained, operated and entrusted the aforementioned roadway and .intersection 3 so as to proximately caused and permit said roadway and intersection to be in a .4 dangerous, defective and unsafe condition in that they failed to provide adequate and 5 sufficient barriers, barricades or other proper control devices to prohibit the directional 6 change of vehicles going in a northerly direction to the southerly direction, and further 7 in that they allowed it to be obstructive and confusing to persons and vehicles using 8 said roadway and intersection; that in all respects the unsafe conditions as stated 9 above constituted a trap for vehicles using said roadway; thereby creating a reasonable 10 foreseeable and substantial risk of injury to persons using said intersection; that said ,a o° o a 11 public entities, and each of them, were further negligent and careless in that they a1 0�o� m 12 knew, or in the exercise of ordinary care should have known, of the dangerous condition )�VKCJ PL W Z c 13 of said roadway and intersection, having a reasonable opportunity to do so; that as a W 0 U o a 14 direct and proximate result of the negligence and carelessness of said public entities, V. 15 and as a further direct and proximate result of the dangerous and defective condition 16 of public property, as aforesaid, a northbound vehicle was attempting to change direction 17 on Taylor Boulevard, thereby causing a motorcycle on which Kimberly DeHart was 18 riding as a passenger, to strike the aforesaid vehicle, and causing her to sustain severe 19 personal injuries and further resulting in her death. 20 DATED: May 20 , 1985. 21 LAW OFFICES O 7ANLEY J. BELL 22 23 By: ` A 24Attorneys f laimants 25 26 -2- 4 RE,: C lAim of THPirc of Kir horL� T1c+Ngtt ACTION NO. : PROOF OF SERVICE BY MAIL - C.C.P. §1013a, 2015 . 5 I, the undersigned, hereby declare that I am a citizen of the United . States , over the age of eighteen years , and not a party to the within action. I am employed by the LAW OFFICES OF STANLEY J. BELL. - My business address is 505 Sansome Street, 18th Floor, San Francisco, California, 94111. I served a true copy of CLAIM FOR DAMAGES FOR WRONGFUL DEATH by mail, by placing the same in an envelope, sealing, fully prepaid postage thereon and depositing said envelope in the U.S. Mail At San Francisco, California on May 20, 1885 BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 651 Pine Martinez, California CITY COUNCIL CITY OF PLEASANT HILL 3300 North Main Pleasant Hill, California I declare under penalty of perjury that the foregoing is true and correct Executed in San Francisco, California on May 20, 1985 Donna L. Kotake GO* Congo; MAY 2 2 1925 -`�;`; CLUM BOARD OF MWVISORS OF CONTRA COSTA 0=M9 CAIS . A gds ACTION Claim Against the County, or District ) NOTICE TO CLAIKANT June 18 , 1985 governed by the Board of Supervisors, ) The copy of t 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: Randolph and Deanna Cary. Attorney: Address: 144 Ivy---Drive Orinda, CA 94563 Amount: $59.64 By delivery to clerk on Date Recei ved: May 21, 1985 By mail, postmarked on May 20, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 0 Dated: May 2 2, 19 8 5PHIL BATCHELOR, Clerk, By CDeputy n Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (X This claim complies substantially with Sections 910 and 910.2. (� �) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - Z 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 cop oft 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 Governmept 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 1 eto went a late claim was mailed t claimant. DATED: PHIL BATCHELOR, Clerk, By a J , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM TSR -� ,C'ev d ,Jize S!w ,. , 83497 ITu8ES2230 RECAPPING .� 3rd Street San Francisco, Calif. 94107 Phone 861-4301 BATTERIES SOLD SHIP TO L->� ,. TO 1 OUR ORDER NO. TERMS CUSTOMER'S ORDER NO(I T RESALE SALESMAN SNIP VIA DATE ORDERED MDSE. APPR. CR.APPR. WRITTEN BY . SPECIAL INSTRU 1 S: PREPAID. COLLECT INV ICE NUMBER ✓ Ordered SIZE OR PLY SCRIPTION Ship'd UNIT TOTAL UNIT TOTAL MODEL N0. EXCISE TAX EXCISE TAX MDSE.PRICE MDSE.PRICE E llrllrl'A 1'mm Millbrae.full(. 771 `. S CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions Lo Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA .94553 (or mail to P.O. Box 911, Martinez, CA) C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps Randolph & Deanna Cary ID 144 Ivy Drive, Orinda, CA. 94563 itl"UIVED Against the COUNTY OF CONTRA COSTA) Tr-11 Pill '195115 or DISTRICT) rw BATri F or, LERI�B rp 5 (Fill in name) I.-PUY,=. lr,' Genua The undersigned .claimant, hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 59.64 and in support of this claim represents as follows: ------------------------------------------- 1. When did the a;m_age__o__r_1n_jury occur? (Give exact date and hour) April 30, 1985. 7:50 a.m. I _.._...___..___T____.._____..._...________..._-___,.._-_.,._.,._..._______________.___-_-__- 2. Where did the damage injury occur? (Include city and county) 144 Ivy Drive, Orinda, CA. 94563 Contra Costa County ------------------------------ 3. How did the---d_am__ag_e__o__r_injury occur? (Give full details,�use extra sheets if required) While attempting to park my car parallel to the curb, I struck the curb above the drainage grate on a sharp edge and punctured my tire. It rapidly lost all the air. The damage to the tire was so great that repair was not possible. ------------------------------------------- i-.--W--h-a-t-p--a-r-t-i-c-u-1-a-r--a-c-t--o-r--o-mission on the part of county or district officers , servants or employees caused the injury or damage? The sharp edge of the curb above the drainage grate should be modified so that this type of damage will not occur again. (over) 5. What are the names of county or district officers, servants or. employees causing the damage or injury? -------------------T----T------------------------------------------------ 6. What damage -or injuries do you claim resulted? (Give full extent of injuries .or damages claimed. Attach two estimates for auto damage) The tire was damaged beyond repair with a large hole in the side -wall of the tire. To replace the tire cost us $ 59.64. --------------------------------- -- - -------------------- 7 -------- . How was the amount claimed above----computed?--- -- (Include the estimated amount of any prospective injury or damage.. ) - See attached bill for new tire from Leo's Tire Shop in the amount of $ 59.64. ------------------------------------------------------------------------- 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 4/30/85 new automobile tire $ 59.64 Govt. Code Sec. 910. 2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b ome ersori,�7on his behalf. " Name and Address of Attorney C aimant' s Signa ure . 144 Ivy Drive Address Orinda,'CA.`94563 Telephone No. Telephone No. 376-9476 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 COUNTr, CALIFORNIA ' BOARD ACTION June 18, 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 Lhe 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: William Walsh, Susan Walsh, Leon Bierly, JoAnn Bierly, Wallace Gibson, Stephen Klee, JoAnn Klee, Colin Brown, Patricia Brown, Ivan Bierly, Attorney: Margaret. Bierly and The New Bridge Marina, Inc . , Judith Gibson Mitchell. & Herzog Address: 550 Hamilton Avenue, Suite 326 Palo Alto, CA 94301 By delivery to clerk on Amount: $600, 000. 00 Certified Date Received: May 24, 1985 By mail, postmarked on May 23, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: May 24, 198 5PHIL BATCHELOR, Clerk, By a Deputy Ann ('Pr rol 1 i II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (X) This claim ;con lies substantially with Sections 910 and 910.2c&,t, -tcr ( ) 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 s nod timely filed.A 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 (Sectio .911-3). cx- co-(--:L &f (� ) Other: -4 Dated: - - g 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. ( X) Other: Portion of orip-inal claim not previously returnpri as untimely is rejected i„ hill I certify that this is a true and correct copy of the Board's Order entered in its mi utes fipr this date. Dated: PHIL BATCHELOR, Clerk, ByOfo , 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 1 toppesent a late claim was mailed t Claimant.- DATED: 04 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) M ATM CLAIM AGAINST PUBLIC ENTITIES In the Matter of the RECEIVED claim of WILLIAM WALSH, SUSAN WALSH, MAY d4, 1985 LEON BIERLY, JOANN BIERLY, PHIL sAraHEcor, WALLACE GIBBON, JUDITII GIBBON, OAkD0 ?'2ncoR; STEPHEN KLEE, JOANN KLEE, ea="RK '`'Co Ge Wv COLIN BROWN, PATRICIA BROWN, IVAN BIERLY, MARGARET BIERLY, and THE NEW BRIDGE MARINA, INC. , a California corporation, Claimants. VS. THE COUNTY OF CONTRA COSTA . . . . . . . . . . . Claimants, WILLIAM WALSH, SUSAN WALSH, LEON BIERLY, JOANN BIERLY, WALLACE GIBSON, JUDITH GIBSON, STEPHEN KLEE, JOANN KLEE, COLIN BROWN, PATRICIA BROWN, IVAN BIERLY, MARGARET BIERLY, and THE NEW BRIDGE MARINA, INC. , a California corporation hereby present their claim to the COUNTY OF CONTRA COSTA pursuant to Section 910 of the California Government Code. 1. The names and post office addresses of claimants are as follows: Susan Walsh Leon Bieriy 871 Arcturus Circle Joann Bierly Foster City, CA 94404 14155 San Antonio Road Atascadero, CA 93422 Wallace Gibson Stephen Klee Judith Gibson Joann Klee 73 Amador Ave. 216 Valparaiso Atherton, CA 94025 Atherton, CA 94025 Colin Brown Ivan Bierly Patricia Brown Margaret Bierly 421 Montwood Circle 275 Woodside Dr. Redwood City, CA 94061 Woodside, CA 94062 The New Bridge Marina, Inc. William Walsh c/o -Mr. Stephen Klee c/o Coldwell Banker 216 Valparaiso 226 West Brokaw Road Atherton, CA 94025 San Jose, CA 95110 2. The post office address to which claimants desire notice of this claim to be sent are as follows: MITCHELL & HERZOG 550 Hamilton Ave. , Suite 326 Palo Alto, CA 94301 3. From late 1982 through and including the present date, claimants have sustained injury and damage to their property under the following circumstances: The State of California, through its respective departments, including the Department of Public Works, Caltrans, and the California Highway Department, have appropriated land in the area of The New Bridge Marina, Inc. commonly known as the "Petri Yacht Harbor, " where the Antioch bridge is now located. 2 t As a result of actions by the State of California, the Department of Public Works, Caltrans, the California Highway Commission, and the California Department of Highways, the Antioch new bridge was built, the old bridge torn down, rip rap and sand placed and later a sand beach was formed. All of these actions were negligently taken by the government agencies and individuals without sufficient study and planning, without regard to the damage that would be and was done to the adjacent property owned by claimants and leased by The New Bridge Marina, Inc. These actions constituted a taking of, and damage to private property, were negligent acts, constituted acts of trespass, and resulted among other things in the continuous and repeated damage to claimants ' property, the leech-field installed thereon, and the rights of claimants. 4. As a result of the acts of the State and County, as set forth above, property damage and injury to the property of claimants has occurred in that the leech-field of claimants has been rendered valueless, the value of the property has materially diminished in value, large scale and continued pumping is required in order to handle sewage at the property, the marina has lost substantial income and revenues and will continue to. lose substan- tial income and there is substantial dredging and repairs required on and adjacent to the property. All in a loss to claimants in the sum of approximately $600, 000 at the present time, which said loss and damages will continually increase in nature and amount 3 as further repairs, work, and pumping are required at the site. Each of these damages was occasioned by the negligence of the State and County and their employees and agents, the trespass of the State and County, and the wrongful taking and damage to the property of the State and County. 5. The damages as currently known are set forth in paragraph 4 above in the amount of approximately $600, 000. 6. Claimants are unaware of the names and identities of the. persons responsible for said acts, negligence, trespass, and wrongful taking and damage at the present time, but allege that each of said individuals, and corporations, was an employee, agent, or representative of the State of County at the time of said actions. 7. At the time of presentation of this claim damages in the amount of approximately $600, 000 are known to claimants. Dated: May 21, 1985 MITCHELL & HERZOG� RICHARD R. HERZOG,,v orneys for claimants 4 JL CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA CO(1NTT, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT June 18 , 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: Marlin Stark III County Counsel Attorney: John Meaden III JUN 0 7 1985 P.O. Box 127 Address: Moraga, CA 94556 Martinez, CA 94553 Hand delivered Amount: in excess of $256, 000-. 00 By delivery to clerk on June 4, 1985 Date Received: June 4, 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. June 5 , 1985 o Dated. PHIL BATCHELOR, Clerk, By Deputy In Gerveili 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: -/c, - By: - Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, 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: -1� Y, PHIL BATCHELOR, Clerk, By 01.x-�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 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 ,�,,,,., 01Aad;4 Q `� , Deputy Clerk cc: County Administrator (2) County Counsel (1) RE EIVED JUS 1 y, 985 PHIL BATCiEl0" In the Matter of the Claim of B` CLAIM FOR PERSONAL INJURIES (Government Code §910) MARLIN STARK, III,. Va. COUNTY OF CONTRA COSTA TO: THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: YOU ARE HEREBY NOTIFIED that MARLIN STARK, III, a minor, by and through his Guardian ad Litem, ELIZABETH RODRIGUEZ , whose address is 110 Norman Avenue, Clyde, California 94520, claims damages from the COUNTY OF CONTRA COSTA in the amount computed as of the presentation of this claim of $ 256, 000. 00. This claim is based on personal injuries sustained by claimant on or' about April 27, .1984 and continuing thereafter, which arose from the improper diagnosis and ensuing treatment at the Contra Costa County Hospital in the County of Contra Costa, Martinez, California, under the following circumstances: On or about April 27, 1984, claimant, MARLIN STARK, III, was examined and treated by doctors at Contra Costa County Hospital for head injuries suffered in a fall. Both initial treatment and subsequent follow-up treatment was grossly inadequate in that claimant' s condition was not properly assessed and treated, and therefore, claimant' s condition deteriorated and claimant' s mother was required to seek emergency medical assistance from physicians and hospitals elsewhere. As a proximate result of the foregoing negligent acts and omissions by the doctors who are employees of the above-described County, MARLIN STARK, III, was further injured and required further greatment. The names of the public employees causing claimant' s injuries :--. under the described circumstances are unknown to claimant at this -',.' - time. The injuries sustained by claimant, as far as is known as of the date of presentation of this claim, consist of exacerbation of -1- an existing -scalp injury including, but not limited to swelling, :_. dizziness, fever, acute scalp infection, fatigue, hearing loss, nosebleeds, headaches and mental deficiencies. The amount claimed as of the date of the presentation of this claim computed as follows: Damages incurred and known to date: Expenses for medical and hospital care, approximately $ 6, 000. 00 General Damages in excess of 250, 000. 00 Total Damages incurred to date in excess of: $256, 000. 00 All notices or other communications with regard to this claim should be sent to the claimant at the law offices of JOHN A. MEADEN, III , WALSH, MORTON & MEADEN, Post Office Box 127, Moraga, CA 94556. Telephone: (415) 376-2300. DATED: April 24, 1985. _ WALSH, MORTON & MEADEN By JOHN A. MEADEN, III