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MINUTES - 04151986 - 1.6
� G CLA] BOARD OF SUPFyisoRS OF cbffinCOSTA OOUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or bistrict ) NOTICE TO CLAIMANT April 15 , 1986 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: Allstate Insurance Company, Inc. County Counsel and Gene Reindle Attorney: Cardozo , Nickerson, Martelli, Curtis & Arata MAR 1b 1986 Attention: Edgar H. Hayden, Jr. Address: 1130 12th Street, Suite G. , P.O. Box 3030 Modesto, CA 95353 Martinez, CA 94553 Amount: Not Known .(indemnity) By delivery to clerk on Date Received: March 17 , 1986 By mail, postmarked on March 14. 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 17, 193FPHIL BATCHELOR, Clerk, By 0LID, Deputy 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: 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 (X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: APR 15 198b 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: APR 151986 PHIL BATCHELOR, Clerk, By CCI� �`'xlti� , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM Claim to the County of. Contra Costa IN Clerk of the Board of Supervisors County of Contra Costa County Counsel of Contra Costa. TO: County of Contra Costa Allstate insurance company, Inc. and their insured , Gene Reindle hereby make a claim against the County of Contra Costa for an amount not now known, but specifically for indemnification for all damages, costs, liabilities and attorneys fees or other sums that may be incurred. by the claimants as a result of the .legal action filed in the superior court of California, County of Contra Costa entitled State Farm Fire and Casualty vs. Robert R. Sheets et al. ,and related cross complaints case no; 255495. The insured, Gene Reindle has been named as a cross defendant in said action along with the County of Contra Costa and others. The cause of action is one arising from landslides that occured near Gene Reindles property and others properties in the vicinity of 4610 Driftwood court, El Sobrante California in which said landslides are alleged to have been caused in whole or in part by the County of Contra Costs tailing to maintain, construct, supervise, care design or control a drainage easement in the vicinity of claimants property so as to cause diversion of waters which caused damage to claimants property and other properties of cross complaintants in said action. The cross complaint against Gene Reindle was filed January 23, 1986 and served him on or about February 5, 1986. A copy of the cross complaint is attached hereto. All notice concerning this claim should be sent care of the claimants attorneys Cardozo, Nickerson, Martelli, Curtis & Arata attention Edgar H. Hayden, Jr. 1130 12th Street, Suite G. P.O. Box 3030 , Modesto Ca 95353. DATED I e (P' CARDOZO, NICKERSON, MARTELLI, CURTIS & ARATA ODGAR H. HAYD , J nin'EINBERG, CAMPBELL & STONE t (r'� Including Professional Corporation 2 765 Bridgeway �../ Sausalito, CA 94965JAN 23 1986 Telephone: (415) 331-1517 4 Attorneys for Defendants and j � OSS 1,c Tp.C County C�efk � y =.;NTR.i C��Tr.COtiN fV Cross-Complainants GEORGE MALANEY and ANN MALANEY !` yAMUR ,Pu'r A 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA s IN AND FOR THE COUNTY OF CONTRA COSTA 9 STATE FARM FIRE & CASUALTY ) INSURANCE COMPANY, ) } 10 } Plaintiff, } No. 255495 }. V. ) FIRST AMENDED CROSS- 12 ) CO.dPLAINT FOR INDEMNITY ROBERT R. SHEETS, GEORGE ) 13 MALANEY, ANN MALANEY; DENNIS ) t WOODRUFF and BECKY WOODRUFF, ) 14 COUNTY OF CONTRA COSTA and 1� DOES 1 through 50, { " Defendants. 17 GEORGE MALANEY and ) ?` ANN MALANEY,18 04 Cross-complainants, ) r 19 V. y 20 ) DENNIS WOODRUFF, BECKY ) l ' 21 WOODRUFF, ROBERT R. SHEETS, ) . COUNTY OF CONTRA COSTA, HAROLD) ' 22 BRICKER, WANDA BRICKER, ROBERT) '". FLORES, FRANCIS FLORES, GENE } ' 23 _nINDL, DAVID McCUAN and ROE5 ) 24 1 through 50, inclusive, ) a ) Cross-defendants. ) ` 25 ) y. 26 Cross-complainants GEORGE MALANEY and ANN MA.LAITEY allege: 27 28 //! P. J 1 FIRST CAUSE OF ACTION (Indemnity) 2 3 1. The true names and capacities, whether individual, cor- 4 porate, associate, or otherwise of cross-defendants ROES 1 y ; 5 through 50, inclusive, are unknown to cross-complainants, who 6 therefore sue said cross-defendants by such fictitious names. . 7 Cross-complainants are informed and believe and thereon allege 8 that each of the cross-defendants sued herein under a fictitious 9 name is responsible in some manner for the events, occurrences, 20 loss, injury and damage referred to herein. When the true names, II capacities and involvement of said cross-defendants are ascer- +,';' 12 tained, cross-complainants will seek leave to amend 'this cross- J 13 complaint accordingly-;- 14 ccordingly:14 2. At all times referred to herein each cross-defendant , ' . 15 was an agent and employee of each of the remaining cross 16 defendants, and was acting within the purpose and scope of said 17 agency and employment. Further, the acts of each said cross- 18 defendant, as an agent or employee of each of the remaining 9g T, 19 cross-defendants, were ratified by said remaining cross-defen- 20 dants. 21 3. Cross-complainants are, and at all times herein men- 22 boned were, the owners and in possession of certain real prop- 23 erty consisting of land and a single family dwelling at 626 La �t 24 Paloma Road, E1 Sobrante, California, q 25 4. Cross-defendants DENNIS WOODRUFF and BECKY WOODRUFF at 26 all times mentioned herein were the owners and in possession and 27 control of certain real property located at 616 La Paloma Road, 28 El Sobrante, California, adjacent or near to cross-complainants; -2- t I property. x +� 2 5. Cross-defendant ROBERT R. SHEETS at all times mentioned 3 herein was the owner ,and in possession and control of certain ry T 4 real property located at 15 McCormick Road, E1 Sobrante, Cali- ' 5 fornia, adjacent or near to cross-complainants' property. G 6. Cross-defendants HAROLD BRICKER and WANDA BRICKER at 7 all times mentioned herein were the owners and in possession and 8 control of certain real property located at 4642 Driftwood Court, 9 E2 Sobrante, California, adjacent or near to cross-complainants' 10 property. 11 7. Crass-defendants ROBERT FLORES and FRANCIS FLORES at 12 all times mentioned herein were the owners and in possession and 13 control of certain real property located at 4622 Driftwood Court, A 14 E1 Sobrante, California, adjacent or near to cross-complainants:, ;. 15 property. 1G 8. Cross-defendant GENE REINDL,.at all times mentioned `{ K, 17 herein was the owner and in possession and control of certain*"::, +� 18 real property located at 4610 Driftwood Court, El Sobrante, ,. 19 California, adjacent or near to cross-complainants' property. Ar 16 20 9. Cross-defendant COUNTY OF CONTRA COSTA at all times 21 mentioned herein was the owner and in possession and control .of 22 certain real property described as a drainage easement adjacent 23 to and below cross-complainants' property and adjacent to .prop- " 24 erty at 616 La Paloma Road, El Sobrante, California. 25 10. Cross-defendant DAVID McCUAN at all times mentioned 26 herein was the owner and in possession and control of certain 27 real property located at 4630 Driftwood Court, El Sobrante, 28 California, adjacent or near to cross-complainants' property. �r �r ' 1 11. Plaintiff has filed an action in the Superior Court of 1 , 2 the State of California, in and for the County of Contra Costa, 1� :t 3 Action No. 255495, against cross-complainants; said action seeks 4 to impose liability upon cross-complainants for certain alleged 5 loss and damage suffered by plaintiff on and after March 31, g 1983. Without admitting the truth of any of the allegations of 7 the complaint, all of which are denied by cross-complainants, 8 said complaint is incorporated herein by this reference for the 9 purpose of showing the allegations being made. 10 12. Cross-complainants are informed and believe, and there- •.. 11 on allege, that plaintiff's loss and damage, if any, are a proxi- 12 mate result of plaintiff's and its insureds' negligence and fault 13 as well as a proximate result of: (1) the negligence, careless 14 ness, recklessness and fault of cross-defendants, and their 15 agents, servants and employees in and about the ownership, de- 16 sign, testing, soils engineering, geotechnical engineering, 17 construction, maintenance, landscaping and related activities on fi t 1$ their respective property, cross-complainants' property and 19 property adjacent thereto; (2) the improper concentration and '} 20 diversion of surface water from cross-defendants' property onto { °. 21 property of and adjacent to plaintiff's insureds' property; (3) 4i;,• 22 the trespass of cross-defendants, and their property, onto the 23 property of plaintiff's insureds; and (4) the creation and 24 allowance of a nuisance condition to exist on cross-defendants' 25 property. 26 13. The negligence, carelessness and fault of cross- 2'7 defendants and their agents, servants and employees, which proxi- 28 mately contributed to plaintiff's loss and damage, if any, was an -4- to 1 active cause for such loss and damage, as contrasted to the 1 2 passive involvement, if any, of cross-complainants. 3 14. Should cross-complainants be found liable to plaintiff 4 in this action cross-complainants are entitled to have the trier 5 of fact determine the percentage and type of negligence or fault 6 attributable to cross-defendants, and each of them, and cross- 7 complainants are entitled to recover from cross-defendants by way 0, : h 8 of. .�otal or .partial indemnity in an amount equal to their respec- 9 tive share of -negligence or fault. A 10 15. Gross-complainants have no adequate remedy at law in 11 the premises. The subject matter of the within cross-complaint 12 represents a bona fide dispute between cross-complainants and . . 13 cross-defendants, and each of them, as set forth hereinafter. 14 16. As a result of being sued herein cross-complainants, . 15 have been required to expend costs and attorneys fees in their ' 16 defense which would have been unnecessary but for the negligence, J7 fault and other legal responsibility of cross-defendants, 'and 18 each of them for plaintiff's loss and damage. s,', 19 WHEREFORE, cross-complainants pray judgment against cross-- ' 20 defendants, and each of them, as set forth hereinafter. ;+ 21 PRAYER 22 1. A declaration of the rights and duties of the partite ' 23 herein. ' tip 24 2. indemnity from cross-defendants, and each of them, dor` 25 the proportional amount of any judgment rendered against cross- 26 complainants which is attributable to the negligence, fault or r 27 other legal responsibility of cross-defendants, and each of themi. . 28 for plaintiff's loss and damage. -i• ] 3. For damages in the amount of costs, expenses and attor- 2 neys fees cross-complainants incur in the defense of the com- 3 plaint herein; 4 4. For such other and further relief as the Court may deem 5 just and proper in the circumstances. r. 6 DATED: January 21, 1986. i 7 WEINBERG, CAMPBELL & STONE I 8 9 By Colin R. Campbell COLIN R. CAMPBELL 10 Attorneys for Defendants and Cross-complianants '. 11 GEORGE MALANEY and ANN MALANEY 12 � .` . 13 14 a 15 16 17 ; 18 19 ' 20 21 22 � 23 b K . 24 25 •. 26 27 .; 28 k 1 DECLARATION OF SERVICE BY MAIL (C.C.P. Section 1013a, 2015.5) 2 3 I , the undersigned, under penalty of perjury, declare and say: 4 That I am a citizen of the United States over the ate of 5 eighteen (18) years and not a party to the within action; that my business address if 765 Bridgeway, Sausalito, California 94965. 6 On the date last written herein, 1 served a true copy of: 7 FIRST AMENDED CROSS-COMPLAINT FOR INDEMNITY $ WOW a 10 by placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, and on the date last written 11 herein deposited the same in the United States Post Office mail 12 box at Sausalito, California, addressed as follows: James M. Harris, Esq. 13 York, Buresh & Kaplan 1708 Shattuck Avenue "> 14 Berkeley, CA 94709 # 15 Edward T. Clifford, Esc . :,. Greve, Clifford, 16 Diebenbrock & Paras P. O. Box 2469 . 17 Sacramento, CA 95811-2469 i 19 N a► 20 21 1 4 22 23 24 q 25 Executed on this 21st da of January f 1986, �f y - at Sausalito, California. 26 + 27 r: 28 �- X Oren Cooper M PROOF OF SERVICE BY MAIL — CCP 1013a, 2015.5 I declare that: I am (x=bd> Mf/employed in) the counter of..............Stanislaus ,California. (COUNTY WHERE MAILING OCCURRED) I am over the age of eighteen years and not a party to the within entitled cause;my (business/residence) address is: 1130 12th Street, Suite G. P.O. Box 3030 Modesto, CA 95.353 On................. M.arch. . ....1....4..,.....1986. . I served the attached....Claim ........ ... .. . ........ . (DATE) ................................................................................................................:...............on the..ClerkofBoardofSuper*iQ ... ... ... .... . s in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at...............................Modesto, CAlifornia ..............................................................................................................addressed as follows: Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on March 14, 1986 Modesto ...............................................................................-........................, at.........................................................................................................,California. (DATE) _ (PLACE) RebeccaMachado ...................................................................................................... (TYPE OR PRINT NAME) SIGNATURE ATTORNEYS PRINTING SUPPLY FORM NO. 11 REV.JANUARY 1973 j I' .. JF' . I = Frtq'yI,P W "r, c BOARD OF SUPERVISORS OF CONTRA COSTA OOZJM, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIlUANT April 15, 1986 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: Allstate Insurance Company and rel'iL►' `:ONr,,r Gene Reindle Attorney: Cardozo, Nickerson, Martelli, MAR 2 a 1986 Curtis & Arata ATTN: Edgar H. Hayden, Jr. MaRlnel, CR 9455s Address: 1130 12th St. , Ste. G P.O. Box 3030 Transmittal Amount: Modesto, CA 95353 By delivery to clerk on March 18 , 1986 Unspecified Date Received: March 18, 1986 By mail, postmarked on March 14, 1986 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: March 24, 1986 PHIL BATCHELOR, Clerk, By noDeputy a y w es 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: 0z , 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 M 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: 6 PHIL BATCHELOR, Clerk, By \��'t'h.- v-�c , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED:� PHIL BATCHELOR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM UJ Claim to the County of. Contra Costa County Clerk of the Board of Supervisors COUnse1 County of Contra Costa County Counsel of Contra Costa. MAR 1 ? 1986 Martinez, CA 94553 TO: County of Contra Costa Allstate insurance company, Inc. and their insured, Gene Reindle hereby make a claim against the County of Contra Costa for an amount not now known, but specifically for indemnification for all damages, costs, liabilities and attorneys fees or other sums that may be incurred by the claimants as a result of the legal action filed in the superior court of California, County of Contra Costa entitled State Farm Fire and Casualty vs. Robert R. Sheets et al. ,and related cross complaints case no; 255495. The insured, Gene Reindle has been named as a cross defendant in said action along with the County of Contra Costa and others. The cause of action is one arising from landslides that occured near Gene Reindles property-and others properties in the vicinity of 4610 Driftwood court, E1 Sobrante California in which said landslides are alleged to have been caused in whole or in part by the County of Contra Costs tailing to maintain, construct, supervise, care design or control a drainage easement in the vicinity of claimants property so as to cause diversion of waters which caused damage to claimants property and other properties of cross complaintants in said action. The cross complaint against Gene Reindle was filed January 23, 19R6 and served him on or about February 5, 1986 . A copy of the cross complaint is attached. hereto. All notice concerning this claim should be sent care of the claimants attorneys Cardozo, Nickerson, Martelli, Curtis & Arata attention Edgar H. Hayden, Jr. 1130 12th Street, Suite G. P.O. Box 3030, Modesto Ca 95353. DATED T #� CARDOZO, NICKERSON, MARTELLI, CURTIS' & RATA ODGAR H. HAYDE J RECEIVED 141AR It 1986 FLUL i DOOFS I.SoRS DJEUMK �.. D I WEINBERG, CAMPBELL 6 STONE � UI� � - Including Professional Corporation 'J ( Et 2 765 Bridgeway Sausalito, CA 94965 - JAN 2 3 19 3 Telephone: (415) 331-1517 g� +� 4 OLSSON Coun!y Clerk Attorneys for Defendants and _ )NTR-kCOCTP.C�JtiNfN Cross-Complainants GEORGE 5 MALANEY and ANN 14ALANEY ♦`. tAMu RA 4 G 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 1 _ 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 STATE FARM FI11Z & CASUALTY 10 INSURANCE COMPANY, ) � Plaintiff, ) No. 255495) 'J 12 V. ) FIRST AMENDED CROSS- 0 ) COMPLAINT FOR INDEMNITY * . ROBERT R. SHEETS, GEORGE 13 MALANEY, ANN MALANEY; DENNIS ) 1A WOODRUFF and BECKY WOODRUFF, ) ,; COUNTY OF CONTRA COSTA and ) 4 y `.. DOES 1 through 50, ) �•{ � 15 1 � Defendants. ) ' ' � 1G 17 ) = � GEORGE MALANEY and ) k < < ANN MALANEY, �� 18 19 Cross-complainants, V. 20 ,.. DENNIS WOODRUFF BECKY ) lye, 21 WOODRUFF, ROBERT R. SHEETS, ) � 22 COUNTY OF CONTRA COSTA, HAROLD) BRICKER, WANDA BRICKL•'R, ROBERT) "•� 23 1'LORES, F'1tANCIS FLOItL•'5, GLNL .bZjND4# DAVID McCUAN and ROES ) , 24 1 through 50, inclusive, ) 25 Cross-defendants. ) 26 Cross-complainants GEORGE 14ALANEY and ANN RALANEY allege: 27 28 FIRST CAUSE OF ACTION (indemnity) 2 3 1. The true names and capacities, whether individual, cor- 4 porate, associate, or otherwise of cross-defendants ROES 1 5 through 50, inclusive, are unknown to crass-complainants, who 6 therefore sue said cross-defendants by such fictitious names. 7 Cross-complainants are informed and believe and thereon allege 8 that each of the cross-defendants sued herein under a fictitious 9 name is responsible in some manner for the events, occurrences, 10 loss, injury and damage referred to herein. When the true names, 11 capacities and involvement of said cross-defendants are aster- 1' 12 tained, cross-complainants will seek leave to amend 'this cross- ' 13 complaint accordingly-.- 14 2. At all times referred to herein each cross-defendapt 15 was an agent and employee of each of the remaining cross- *. 16 defendants, and was acting within the purpose and scope of said 17 agency and employment. Fur_-her, the acts of each said cross-- 18 defendant, as an agent or employee of each of the remaining 19 cross-defendants, were ratified by said remaining cross-dofen- 20 dants. 21 3. Cross-complainants are, and at all times herein men- 22 tioned were, the owners and in possession of certain real prop- 23 erty consisting of land and a single family dwelling at 626 La 24 Paloma Road, El Sobrante, California. 25 4. Cross-defendants DENNIS WOODRUFF and BECKY WOODRUFF at t . 26 all times mentioned herein were the owners and in possession and 27 control of certain real property located at 616 La Paloma Road, 28 El Sobrante, California, adjacent or. near to cross-complainants; l property. 2 5. Cross-defendant ROBERT R. SHEETS at all times mentioned 3 herein was the owner and in possession and control of certain R 4 real property located at 15 McCormick Road, E1 Sobrante, Cali- 5 fornia, adjacent or near to cross-complainants' property. G 6. Cross-defendants HAROLD BRICKER and WANDA BRICKER at 7 all times mentioned herein were the owners and in possession and 8 control of certain real property located at 4642 Driftwood Court, 0 E1 Sobrante, California, adjacent or near to cross-complainants' 10 property. + ll 7. Cross-defendants ROBERT FLORES and FRANCIS FLORES at 12 all times mentioned herein were the owners and in possession and 13 control of certain real property located at 4622 Driftwood Court, 14 E1 Sobrante, California, adjacent or near to cross-complainAnts i:•. ;�' 15 property. ' ;y 16 6. Cross-defendant (;LNREIIJP4,.at all times mentioned �. 17 herein was the owner and in possession and control of certain' 'Jo. 18 real property located at 4610 Driftwood Court, El Sobrante, 10 California, adjacent or near to cross-complainants' property. + 20 9. Cross-defendant COUNTY OF CONTRA COSTA at all times r A21 mentioned herein was the owner and in possession and control of 22 certain real property described as a drainage easement adjacent r 23 to and below cross-complainants' property and adjacent to prop- 24 erty at 616 La Paloma Road, E1 Sobrante, California. 25 10. Cross-defendant DAVID McCUAN at all times mentioned 2.6 herein was the owner and in possession and control of certain r 27 real property located at 4630 Driftwood Court, El Sobrante, 28 California, adjacent or near to cross-complainants' property. `. I -3- i 1 11. Plaintiff has filed an action in the Superior Court of � . 2 the State of. California, in and for the County of Contra Costa, 3 Action No. 255495, against cross-complainants; said action seeks q to impose liability upon cross-complainants for certain alleged 5 loss and damage suffered by plaintiff on and after March 31, G 1983. Without admitting the truth of any of the allegations of 7 the complaint, all of which are denied by cross-complaj,nants, 8 said complaint is incorporated herein by this reference for the 9 purpose of showing the allegations being made. 10 12. Cross-complainants are informed and believe, and there- 11 on allege, that plaintiff ' s loss and damage, if any, are a proxi- 12 mate result of plaintiff's and its insureds' negligence and fault 13 as well as a proximate result of: (1) the negligence, careless- 14 ness, recklessness and fault of cross-defendants, and their ' 15 agents, servants and employees in and about the ownership, de- .t 1G sign, testing, soils engineering, geotechnical engineering, 17 construction, maintenance, landscaping and related activities on t 18 their respectiveproperty, p cross-complainants' property and 19 property adjacent thereto; (2) the improper concentration and 0 diversion of surface e cross-defendants' + 2 water from cross defendants property onto 21 property of and adjacent to plaintiff's insureds' property; (3) 22 the trespass of cross-defendants, and their property, onto the h U 23 property of plaintiff's insureds; and (4) the creation and 41 24 allowance of a nuisance condition to exist on cross-defendants' �. 25 property. M r �. 26 13. The negligence, carelessness and fault of cross- ` 27 defendants and their allents, servants and employees, which proxi- 28 mately contributed to plaintiff 's loss and damage, if any, was an -4- I active cause for such loss and damage, as contrasted to the 2 passive involvement, if any, of cross-complainants. " 3 - 14. Should cross-complainants be found liable to plaintiff t . 4 in this action cross-complainants are entitled to have the trier 5 of fact determine the percentage and type of negligence or fault 6 attributable to cross-defendants, and each of them, and cross- 7 complainants p are entitled to recover from cross-defendants by way 8 of kptp1 or partial indemnity in. an amount equal to their respec- 9 tive share of -negligence or fault. A 10 15. Cross-complainants have no adequate remedy at law in 11 the premises. The subject matter of the within cross-complaint a 12 represents a bona fide dispute between cross-complainants and . 13 cross-defendants, and-each of them, as set forth hereinafter. 14 16. As a result of being sued herein cross-complainant; f 15 have been required to expend costs and attorneys fees in their t' r 16 defense which would have been unnecessary but for the negXigenGe, 17 fault and other legal responsibility of cross-defendants, 'andd � .. 18 each of them for plaintiff's loss and damage. ,. 19 WHEREFORE, cross-complainants pray judgment against cross- 20 ross 20 defendants, and each of them, as set forth hereinafter. t 21 PRAYER 22 1. A declaration of the rights and duties of the parts e1' • 23 herein. i y• 24 2. Indemnity from cross-defendants, and each of them, Qr 25 the proportional amount of any judgment rendered against cross- 26 complainants which is attributable to the negligence, fault or r 27 other legal responsibility of cross-defendants, and each of themo' 28 for plaintiff's loss and damage. 5- �i 1 3. For damages in the amount of costs, expenses and attor- 2 neys fees cross-complainants incur in the defense of the com- 3 plaint herein; 4 4. For such other and further relief as the Court may deem 5 just and proper in the circumstances. G DATED: January 21, 1986. i7 WEINBERG, CAMPBELL 6 STONE c Colin R. COmpb011 9 By COLIN R. CAMPBELL 10 Attorneys for Defendants , M and Cross-complianants 11 GEORGE MALANEY and ANN MALANEY 12 13 14 w l5 16 17 18 19 r 4 20 �► 21 22 � :s 23 24 R 25 26 ' 27 t 4 28 �' -6- .. ttl DrCLAPATI'014 01, " BY MATT. (c C. P. ,, - L•r.-Lion._ .01..1cl,_ 2015 . 1-0 3 I , ttte u11dL_'r_;1(t113'cl, 1111Ller lic:11I11t:y 01: I)(.r-jury, declare and 4 That I ant a CiLi;l111 (if t.hc United StatcS ovor the ate of 5 eiylit..r.11 ( 18) ',,,L-ar:; and iio t. ,t Itauty to Lite w.ithitt �tcti.on; that my leu ;i.ni :,:c .13ir.ltut,a i1 'lc,`.. 11t .id('j .w.1y , ;.lusnli.t.u, California 94965 . G un the daLL' lcI:ct wi'itt_(:►i i}c:•ic_.iti, 1. !;Crvc'd t1 true copy of : 7 FIRST AMENDED CROSS-COMPLAINT FOR INDEMNITY r R 10 by plt,cing a true; copy thereof, enclosed in a scaled envelope t with postage t-ltet.eoik fully Prepaid, an(l on the date last written 11 herein dopo:Atod Lho uaincs in Lhe United Stat:e:J 110:,t Office mail box at Sausalito, C.11ifoa:nia, addre::;Jed a:.: f011Ows: v► 12 James M. llarr.is, F sq. F 13 , York, Buresh b Kciplan q 1708 ShaLLuck Avl•11uL' �,: 14 , lierkelev, CA 9,1701j • PIJUUl-; ur S.1-MvICE BY MAIL — CUP 101-)a, LU1J.J Stanislaus • I declare that: 1 am (XXXbdt+lXXf/employed in) the county of.................... ... ........................................................ .California. (COUNTY WHERE MAILING:LX:CUHRCD) I am over the age of eighteen years and not a party to the within entitled cause; my (business/residence) address is: 1130 12th Street, Suite G. P.O. Box. 3030 Modesto, .CA 95353,•,•,•••,••••••.•.•.•.,... ....................................................................................................................................................................I.......I....... March 14 , 1986 , 1 served the attached....Claim On..........................::................................ .......................................... ,DATE) ................................................... .............................................................................on the... lerk...of...Board...of....Super9! . O.�s in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at..............................Modesto, Cfn ................................Ali.............or..........ia.......................................................addressed as follows: Board of Supervisors Contra Costa County 651 Pine Street Martinez, • CA 94553 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on March 14, 1986 Modesto ..................................................................................................at..........................................................................................................California. (DATE) 1Pw�LACEI Rebecca Machado (TYPE OR PRINT NAME) SIGNATURE ATTORNEYS PRINTING SUPPLY FORM NO.11 REV.JANUARY 1973 :n • y 1 VYct 1 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA ODRM, CALIFORNIA BOARD ACTION Claim Against the County, or bi strict ) NOTICE TO CLAIMANT Ap r i 1 15 , 1986 governed by the Board of Supervisors, ) The copy oP 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: City of Antioch Attorney: William L. Spitzig Coull ty Counsel Wright , Nolan, Spitzig & Dahm MAR 1 1986 Address: 580 California St. , Ste. 1325 San Francisco, CA 94104 Amount: Equitable Indemnity By delivery to clerk on Martinez, GP. 94553 (unspecified) Date Received: March 14, 19c';6 By mail, postmarked on March 13, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 17 , 190 PHIL BATCHELOR, Clerk, By Deputy Ann"Cervelli 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: 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 minAMPIfnr� s date. Dated: PHIL BATCHELOR, Clerk, Byit - vvt1 ,�" , 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. IP you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board- TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimants right to apply for leave to present a late claim was mailed DATED:tOA"1986 PHIL BATCHELOR Clerk By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM WRIGHT,NOLAN, SPITZIG&DAHM ATTORNEYS AT LAW '.ANCENT S.WRIGHT(1935-1984) 580 CALIFORNIA STREET, SUITE 1325 TELEPHONE KEVIN P.NOLAN SAN FRANCISCO,CA 94104 (415)956-5841 WILLIAM L.SPITZIG 4 STEPHEN L.DAHM DATE: March 13, 1986 TO: Clerk, Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez , CA 94553 RE: City of Antioch v. County of Contra Costa ENCLOSURES: CLAIM AGAINST PUBLIC ENTITY Check for $ please send receipt. X Stamped envelope. REQUESTED ACTION: X Please file original and return endorsed-filed copy (s) . Please issue original and copy (s) and return. Please have Judge or Commissioner sign and file. Please file original, set for hearing, advise date, return endorsed-filed copy (s) . Please record and return. Please file original and certify copy (s) and return. Other: WRIGHT, NOLAN, SPITZIG & DAHM By _g!6�&M WILLIAM L. SPITZIG WLS:ew LC-5755-9 a I WRIGHT,NOLAN,SPITZIG&DAHM T L CEIjE�i""`y 580 California Street,Suite 1325 X%A. 1 ♦ L 2 San Francisco,CA 94104 Telephone:(415)956-5841 MAR 14 1966 3 PML/ATCHROR 4 Attorneys for Claimant L, 4-ftl e114:c i ^yaw tSORs CITY OF ANTIOCH 5 6 7 8 BEFORE THE GOVERNING BODY 9 OF THE CONTRA COSTA COUNTY 10 11 CITY OF ANTIOCH, ) CLAIM AGAINST PUBLIC ENTITY 12 Claimant, ) 13 VS. ) 14 COUNTY OF CONTRA COSTA. ) 15 ) 16 The CITY OF ANTIOCH hereby presents its claim to 17 the County of Contra Costa pursuant to Section 910 of the California 18 Government Code: 19 20 (a) Claimant name and post office: 21 City of Antioch Municipal Risk Management 22 1415 Oakland Blvd. , Suite 215 Walnut Creek, CA 94596 23 24 (b) Notice should be sent to: 25 WRIGHT, NOLAN, SPITZIG & DAHM 580 California Street, Suite 1325 26 San Francisco, CA 94104 27 28 LC-5755-2 v I (c) On February 14, 1986, the CITY OF ANTIOCH was 2 served with a complaint for damages in the case entitled Josephine 3 Rayford v. City of Antioch, et al. , Contra Costa Superior Court 4 No. 282610 in which plaintiff claims that on July 14 , 1985 she was 5 injured while riding an A/C Transit bus which went off the side of 6 the road at a construction site at 4th and G Streets in Antioch, 7 California. A copy of plaintiff' s complaint and plaintiff ' s 8 government claim is attached to this claim. 9 (d) So far as it is known to this claimant Josephine 10 Rayford incurred damages in the amount of $22 , 000 due to a closed 11 head injury, torn ligaments in muscles and shoulder, shooting pain 12 in the left leg, and a hip and/or spinal injury. 13 (e) Claimant does not know the name of the public 14 employee or employees causing the damages claimed by the plaintiff. 15 (f) This claimant does not know the total amount of 16 damages sustained by the plaintiff. Claimant seeks equitable 17 indemnity only against the above-described public entity. 18 19 DATED: March 13, 1986. 20 WRIGHT, NOLAN, SPITZIG & DAHM 21 22 By WILLIAM L. SPI ZIG 23 24 25 26 27 28 -2- O I GEORGIA ANN MICHELL NANCY E. THOMAS 2 GANONG, MICHELL & THOMAS c y 1301 Oakland Blvd. #300 CONTRA COBS A COUNTY 3 Walnut Creek, CA 94596 r/ , (4l 5) 935-0706 -- N.rnot`o�ocN,'Deputy 4 5 Attorneys for Plaintiff 6 Answer Due J- y- 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA rr�� ,l 10 JOSEPHINE RAYFORD, ) NO. `? 2610 11 ) Plaintiff , ) ' COMPLAINT FOR PERSONAL' - 12 ) INJURY DUE TO NEGLIGENCE -v- ) AND DANGEROUS CONDITION 13 ) CITY OF ANTIOCH, ALAMEDA-CONTRA ) 14 COSTA TRANSIT DISTRICT, and ) DOES I through XX, inclusive, ) IS Defendants. ) 16 Plaintiff, JOSEPHINE RAYFORD, alleges : 17 18 FIRST CAUSE OF.. ACTION 19 (Negligence - Against - Defendants A.C. TRANSIT' 20 and DOES I-VII) - 21 1. The true names and' capacities, whether individual-,-- -- 22 corporate , associate , or otherwise, of Defendants. DOES I through 23 XX, inclusive, are unknown to Plaintiff, who therefore. sues . 24 these Defendants by such fictitious names , and will amend this 25 complaint to show their true names and capacities when ascer- 26 tained. Plaintiff is informed and believes and thereon alleges I that each of the fictitiously named Defendants is negligently or 2 otherwise responsible in some manner for the occurrences alleged 3 in this complaint , and that Plaintiff's injuries and damages as 4 alleged in this complaint were proximately caused by that negli- 5 gencee 6 2. Plaintiff is informed and believes , and the' r6fore 7 alleges, that at all times mentioned in this complaint, . each of 8 the Defendants was the agent and/or employee of each ;f the 9 remaining 'Defendants, and was acting at all times within the 10 course and scope of that agency and/or employment and with the 11 knowledge and consent of the remaining Defendants, and each .of %0 12 them. C% 13 3. Defendant CITY OF ANTIOCH is , and at all times > 14 mentioned in this complaint was , a municipal corporation, cs :9 1- 15 organized and existing under the laws of the State of California ca ) 0 16 and situated in the County of Contra Costa* 00 17 4. Defendant, ALAMEDA-CONTRA COSTA TRANSIT DISTRICT,-.' 18 hereinafter referred to as A.C. TRANSIT, .'is, and at all times 19 mentioned in this. c omplain-t_was , a public corporation., organized 20 and existing under the laws of the State of* California. - -At all- 21 times herein mentioned, Defendant A.C. TRANSIT was in the busi- 22 ness, of operating a public bus transit system in Antioch, Contra 23 Costa Coun* ty, California. — 24 5. plaintiff is informed and believes, and therefore 25 alleges, that at all times mentioned. in this complaint. Defen- 26 dants DOES I through V, inclusive , were the agents nts and employees I of Defendant A.C. TRANSIT and DOES VI and VII, and were acting 2 at all times within the course and scope of that agency and/or 3 employment and with the knowledge and consent of the remaining 4 Defendants, and each of them. 5 6. Defendants, DOES VIII through XI, inclusive , are , 6 and at all times mentioned in this complaint were, employees of 7 Defendant , CITY OF ANTIOCH, and doing the acts described in this 8 complaint, acted within the course and scope of their employ- 9 went . 10 7. At all times herein mentioned, Defendant A.C. 11 TRANSIT and DOES VI and VII owned and operated as part of its p ,a 12 business activities a bus (no. 1515) bearing a California 0% 13 license plate. This bus was involved in the accident herein- > d va U 14 after alleged. 2 -15 8. On or about October 11, 1985, and within one c 16 hundred (100) days after the injuries' set forth in this- 00 3 27 complaint -were sustained, Plaintiff 'mailed a written claim for :18 damages to A.C. TRANSIT, and the CITY OF ANTIOCH, specifying the 19 name. and address_ of Plaintiff. as claimant, the. date;...place,_ and . , 20 0i"her circumstances of the accident out. of which the injuries . 21 arose , a general description of the injuries and- damages=-•= 22 sustained by Plaintiff that were ascertainable at the time, and 23 the amount claimed as of the date of presentation of the claim. 24 A copy of the claim as filed is., attached to this complaint ,, 25 marked as Exhibit "A", and incorporated herein by reference. 26 4. On or about October 23 , 1985, A.C. TRANSIT ., 3- I rejected the claim in its entirety, 2 10. CITY OF ANTIOCH failed to -act on the claim within 3 a period of forty-five (45) days after its presentation, and as 4 a result the claim was deemed rejected at the expiration of the - - 5 forty-five (45) day period on November 27, 1985. 6 11. At all times mentioned in this complaint, Defen- 7 dants, A.C. TRANSIT and DOES VI and VII, were the owners and 8 operators of a certain A.C. TRANSIT bus, in service in' the 9 Oakley to Antioch area, Contra Costa County. 10 12. At all times mentioned in this complaint, the "G" 11 Street between the intersections of Third & "G" Streets and 12 Fourth & "G" Streets in the CITY OF ANTIOCH was a public street a 13 and highway maintained by Defendant City of Antioch, in the of W.0 14 County of Contra Costa, State of California. v ae". • c aa• _ U IS 13.- On" or about July 14, 1985; Plaintiff,: 'JOSEPHINE- 0 c 16 RAYFORD, was a fare paying: -passenger_-_oa . the.-A.C... TRANSIT bus'..- 17 described above which..was..at- that-. time operated by DOE:III',_,ia 1$ the general direction. of Oakley-. to Antioch- on -'.'G" Street,!.19 Antioch,- California,-: at or .near-the Third' and: Fourth'-..Street ;. 20 i:nter-section-.=- 2114.: ;At .such. time:.. and _ placed,.the.__bus:_.was; being .rr 22 operated by DOE III" who 'was - the 'agent- and employee;- of Defendants....= 23 . ` A.C: TRANSIT- and DOES VI and VII: :iAd- -was operating: the bus - in. 24 the .'course and scope of his - agency• and. employment. 25 15. At the* time and : place, _ Defendant A.C. TRANSIT and 26 DOES •I- through III', inclusive, and each of them, • so negligently _4- , , - , I and carelessly drove , operated , controlled , and maintained the 2 A.C. TRANSIT bus that it plunged into a large pothole, left the 3 traveled portion of the road and suddenly and violently lurched , 4 jerked and jolted. Plaintiff was violently thrown from her , 5 seat , and thus was caused to and did come into contact with the 6 interior part of the bus- and then was thrown to the floor 'of it. 7 As a •result thereof Plaintiff sustained injuries and damages 8 described below. 9 16. As a proximate result of the negligence of Defen- 10 dants, and each of them, Plaintiff, was hurt and injured in her 11 health, strength, and activity, sustaining injury to her nervous 12 system and person, all of which injuries have caused, continue a` = a 13 to cause , and will cause Plaintiff great mental , emotional, . and 4 U 14 physical pain and suffering'. As a result of these injuries, Z V 15 Plaintiff has suffered general damages in the sum of One Hundred 0 c 16 Thousand ($ 100,000) Dollars. � R r 3 17 17. Plaintiff is informed and believes and thereon 18 alleges.' that such injuries will result in some permanent dis- 19 ability to her resulting in damages in an amount_ according to 20 proof at time of trial. 21 18. As a further proximate result of the negligence 22 of Defendants, and each of them, Plaintiff has incurred, and 23 will continue to incur, medical and related expenses reasonably 24 required in the treatment and relief of the injuries alleged in 25 this complaint in a sum according to proof at time of trial. 26 19. As a further proximate result of the negligence I of Defendants , and each of them , Plaintiff has been rendered 2 unemployable at her usual occupation and , as a result , has been 3 and will continue to be, prevented from attending to her occupa- 4 tion. The amount of earnings which have been and will be lost 5 to Plaintiff is unknown at this time. 6 WHEREFORE, Plaintiff prays judgment against Defen- 7 dants, and each of them, as set forth below. g II 9 SECOND CAUSE OF ACTION IO (Negligence — Against Defendants CITY OF ANTIOCH and DOES VIII—XI) 11 . 20. Plaintiff incorporates herein paragraphs 1 12 $ through 13, inclusive , and paragraphs 16 through 19, inclusive; 13 of her First Cause of Action as if fully set forth herein. co U 14 21. On July 14, 1985, and prior thereto, Defendant -� 15 U V CITY OF ANTIOCH owned, maintained , and controlled "G"Street, C 16 m 3between the intersections of Third- & "G" Streets and Fourth b 17 "G" Streets in the City of Antioch, * Contra Costa County, 18 California. 19 22: On or about July 14, . 1985, DOES VIII through XI, 20 within the scope of their employment with Defendant CITY OF 21 ANTIOCH, negligently and carelessly excavated the roadway at "G" 22 Street between the intersections of Third & "G" Streets and 23 Fourth & "G" Streets, and failed to clean it up or post a 24 warning, which negligence caused a dangerous condition that 25 created a substantial risk of the type of injury hereinafter 26 alleged when the property was used with due care in a manner in —6 1 which- -i't was reasonably foreseeable that it would be used. 2 23. On July 14, 1985, as a proximate result of the 3 dangerous condition described above, the A.C. TRANSIT bus on 4 which Plaintiff was a fare paying passenger, plunged into. a 5 large pothole, left the traveled portion of the raod and 6 suddenly and violently lurched, jerked and jolted. Plaintiff 7 was violently thrown from her seat , and thus was caused to and 8 did come into contact with the interior part of the bus and then' 9 was thrown to the floor of it. As a result thereof, Plaintiff 10 sustained injuries and damages described below. 11 ._ WHEREFORE, Plaintiff prays judgment against Defen- o �0 12 o % dants, and each of them, as set forth below. �' i3 a III ao U 14 THIRD CAUSE OF ACTION 15 R (Dangerous Condition with Actual Notice - Against c 16 Defendants CITY OF ANTIOCH and DOES VIII-XI) 17 24. Plaintiff incorporates herein paragraphs - 1 18 through 13, inclusive, of her First Cause of "Action and para- 19 graphs 21 and 23 of her Second Cause of Action as if_.fully set 20 forth herein. - 21 25. On July 14, 1985, and prior there-to.,-. the highway 22 was in a dangerous condition that created a substantial risk of 23 the - type of injury hereinafter alleged when the property was 24 used in a manner that was reasonably forseeable in that the 25 highway contained a large pothole which was significantly lower 26 than the rest of the roadway, creating a substantial risk that -7- I drivers would drive into the pothole , causing their vehicles to 2 violently lurch off the paved roadway, thus injuring their 3 person . 4 26. Defendants had actual knowledge of the existence 5 of the condition and knew or should have known of its dangerous 6 character a sufficient time prior to July 14, 1985, to have 7 taken measures to protect against the dangerous condition.- DOES 8 VIII through XI had the authority and it was their respon- 9 sibility to take adequate measures to protect against the 10 dangerous condition at the expense of the public entity and the 11 funds or other means were immediately available to them. $ 12 27. As a proximate result of the dangerous condition a% v� 13 of the highway, Plaintiff, was hurt "and injured in her health, c0 U 14 strength, and activity, sustaining injury to her nervous system °= 15 and person, all of which injuries have caused , continue to ea U '16 cause , and will cause Plaintiff great mental , emotional, and 17 physical pain and suffering. . As a result of these injuries, 18 Plaintiff has suffered general damages in the sum of One Hundred 19 Thousand ($ 100,000) Dollars. f _ 20 28. Plaintiffis informed and believes and thereon 21 alleges that such injuries will result- in some permanent dis— �2 ability to her resulting in damages in an amount according to 23 proof at ' time of trial. 24 29. As a further proximate result of the dangerous 25 condition of the highway, Plaintiff has incurred, and will 26 continue to incur, medical and related expenses reasonably —8— I required . in the treatment and relief of the injuries alleged in 2 this complaint in a sum according to proof at time of trial. 3 30. As a further proximate result of the dangerous 4 condition of the highway, Plaintiff has been rendered unemploy- 5 able at her usual occupation and, as a result , has been and will 6 continue to be, prevented from attending to her occupation. The 7 amount of earnings which have been and will be last to Plaintiff 8 is unknown at this time. 9 WHEREFORE, Plaintiff prays judgment against Defen- 10 dants , and each of them, as set forth below. 11 IV 12 FOURTH CAUSE OF ACTION+ 13 (Dangerous Condition with Constructive Notice - > d Against Defendants CITY OF ANTIOCH and DOES VIII-XI) co V 14 72 31. Plaintiff incorporates herein paragraphs I ca U IS through 13, inclusive, of her First Cause of Action, paragraphs 16 00 21 and 23 of her Second Cause of Action and paragraph 25 and -" 17 paragraphs 27 through 30, inclusive, of her Third Cause of - 18 : Action as if fully set forth herein. 19 32. Defendant CITY ,OF ANTIOCH had *constructive nptice 20 21 of the dangerous condition as the condition had existed for a sufficient period of time ' and was of such an obvious nature that 22 Defendant, CITY OF ANTIOCH, should have discovered the condition 23 and its dangerous character. 24 25 WHEREFORE, Plaintiff prays judgment against Defen- dants, and each of them, as set forth below. 26 -9- 1 V 2 FIFTH. CAUSE OF ACTION 3 (Dangerous Condition - Failure •to Post Sign With Actual Notice - Against Defendants CITY OF ANTIOCH 4 and DOES VIII-XI) 5 33. Plaintiff incorporates herein paragraphs 1 6 through 13, inclusive, of her First Cause of Action, paragraphs 7 21 and 23 of her Second Cause of Action and paragraphs 27 8 through 30, inclusive, of her Third Cause of Action as if fully 9 set forth herein. 10 34. On July 14, 1985, and prior thereto , the highway 11 was in a dangerous condition that created a substantial risk. of 12 the type of injury thereinafter alleged when the property was C% � 13 used in a manner that was reasonably foreseeable in that * the �0 U 14 excavation of the roadway was unsafe if run over at the speed ca U 15 limit , but there was no warning sign of such fact and such tE 16 danger would not be reasonably apparent to, and would not have � o 17 been anticipated by, a person using due care. 13 35. Defendants had actual knowledge of the existence 19 of the condition and knew or should have known of its dangerous 20 character a sufficient time prior to July 14, 19859• to have 21 taken measures to protect against the dangerous condition. DOES 22 VIII through XI had the authority and it was their responsi- 23 bility to 'take adequate measures to protect against the 24 dangerous condition at the expense of Che public entity and the 25 funds or' other means were immediately available to them. 26 WHEREFORE, Plaintiff prays judgment against Defen- dants, and each of them, as set forth below. 2 VI 3 SIXTH CAUSE OF ACTION 4 (Dangerous Condition - Failure to Post Sign- With Constructive Notice - Against Defendants 5 CITY OF ANTIOCH and DOES VIII-XI) 6 36. Plaintiff incorporates herein paragraphs I 7 through 13, inclusive, of her First Cause of Action, paragraphs 8 21 and 23 of her Second Cause of Action, paragraphs 27 through 9 30, inclusive of her Third Cause of Action and paragraph 30 of 10 her Fifth Cause of Action as if fully set forth herein. 11 37. Defendant CITY OF ANTIOCH had constructive notice 12 of the dangerous condition as the condition had existed for a 13 sufficient period of time and was of such an obvious nature that x► U 14 Defendant, CITY OF ANTIOCH, should have discovered the condition v se 15 and its dangerous character. U 0 16 WHEREFORE, Plaintiff prays judgment against Defen- 17 dants, and each of them, as follows : 18 1. For general* damages in the sum of One Hundred 19 Thousand ($ 100,000) Dollars. , 9 20 2. For medical and related expenses according to 21 proof ; 22 3. For loss of past and future earnings according to 23 proof ; 24 4. For costs of suit incurred ; and 25 26 r 1 5. For such other and further relief as the court may 2 deem pro er 3 DATED: GANONG, MICHELL b THOMAS 4 5 B Ya. MZ4 Gly IA NN MICR Ut 6 _ A -torne for Plaintiff 7 8 9 10 12 a. 13 > d a� U 14 - a e� 2 15 R . .. .... c 16 00 3 17 - 18 19 20 21 22 23 24 25 26 -12- I GEORGIA ANN MICHELL NANCY E. THOMAS 2 GANONG, MICHELL & THOMAS 1801 Oakland Blvd. #300 3 Walnut Creek, CA 94596 4 (415) 935-0706 5 Attorneys for Plaintif f 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 JOSEPHI`IE RAYFORD, ) NO. 28'610 11 ) Plaintiff, ) EXHIBIT "A" INADVERTEP3TLY• 12 ) OMITTED FROM COMPLAINT VS . ) 13 ) CITY OF ANTIOCH, et al. ) 14 Defendants . ) 15 . . . . . ) 16 17 18 19 20 21 22 23 24 25 26 —1— GEORGIA ANN MICHELL NANCY E. THOMAS GANONG, MICHELL & THOMAS 1801. Oakland Blvd. #300 Walnut Creek, CA 94596 (415) 935-0706 Attorneys for Claimant In re JOSEPHINE RAYFORD, CLAIM Claimant , vs * A.C. TRANSIT DISTRICT, COUNTY OF CONTRA COSTA, and CITY OF ANTIOCH, Defendants . 1. JOSEPHINE RAYFORD hereby presents this claim to A.C. TRANSIT DISTRICT, COUNTY OF CONTRA COSTA and CITY OF ANTIOCH pursuant to section 901 of the California Government Code . 2. The post office address of JOSEPHINE RAYFORD is as follows : 470 W. 9th Street Pittsburg, CA 94565 The post office address to which JOSEPHINE RAYFORD desires notice of this claim to be sent is as follows : GANONG, MICHELL & THOMAS 1801 Oakland Blvd. #300 Walnut Creek, CA 94596 3. On July 14, 1985, MS. RAYFORD was injured when the A.C. TRANSIT bus she was riding in went off the side of the road r at a road construction site at 4th and G Streets , Antioch and caused her to be ejected from her seat. 4. So ar as it is known to. JOSEPHINE RAYFORD at the date of filing this claim, JOSEPHINE RAYFORD has incurred damages in the amount of- Twenty-Two Thousand ($22,000) Dollars due to the following injuries : closed head injury, torn liga- ments and muscles in shoulder, shooting pain in left leg, and hip and/or spinal injury. 5. At the time of presentation of this claim, JOSEPHINE RAYFORD claims damages in the amount of Twenty-Two Thousand ($22,000) Dollars. DATED: ( poul 4&60� OJSEP OINE RAYFORD 2 CLAIk BOARD OF SUPERVISORS OF C69.—ML COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT Ap r i 1 15 , 1986 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 Codedo 913 Claimant: Robert John Brooks and 915.4. Please note all "Warnit -aty Counsel ,. MAR 19 1986 Attorney: Martinez, CP. 94553 Address: 2819 Arundel qday San Pablo, CA 94806 Amount: $268. 00 By delivery to clerk on March 17 , 1986 Date Received: March 17, 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. - 0 Dated: March 18, 1986 PHIL BATCHELOR, Clerk, By L I I Deputy iq er i II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) 06 This claim complies substantially with Sections 910 and 910.2. ( ) This1claim 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 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 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: APR 15 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM T ERVISO OF CONTRA C X Gcation to: i 4CI.A.Tj.i T0. BOARD OF SLP ��i��R� aPP Instritctiohs to ClaimantVerk of the Board .O.Box 911 Martinez,Catifomia 94353 *'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, 551 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 Distript 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 )ReserIaA..,,fe%-r C11arlelst fil4lig stamps 46, RECEIVED MAR 1 19M Against the COUNTY 6F CONTRA COSTA) or DISTRICT) icF"o1i"hc s r� soca F1 in name The undersigned claimant hereby makes claim against the Coun5y of Contra Costa or the above-named District ,in the sum of $_ "?t� , and in support of this claim represents as follows: �. When did the damage or a.njury occur? (Give exact te daand hour] - - - �.r"—r r—r rTr,w.rrr ..r .—w�.w—+r�.—rrn.---w—a.—r--�.—r.r--r �. Wiere. id tFie damage-or injury occur? (Include city and county) rrr rrrr—..�— —T T — 3 How did the_damage or in3ur.F occur? 'Giver ul� cletaa��s, use extra sheets if required) 42- rr—�—:.r� r� --�•— 4. What parUZT1ar act or omsssion on the part of county or district offs ers, servants or employees caused the injury or damage? (over) 5. What are the names of county ordistrict officers, servants or employees causing the damage or injury? 6. What damage or injuries do you claim/iesu�te ? ZGfve full e�ctent of injuries of damages claimed. - Attach two estimates for auto damage) 6 O� /p V•�_ 11 Z^!_�_ �LDry- hPY' - f1Jc 7. How was �the amount -claimed gbove computed?ryInclude the estimated amount of any prospective injury or damage.) B. Names and addresses of witnesses, doctors m hospitals ----------- ------ ia? 3. L T the x enditures you made on account of this accident or'injury--: �. � : •: , . y DAT$'. �... 1 ITEM AMOUNT �*VO * Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) of by some person on big behalf. " Name and Address of Attorney -vY� ;�j. � ',�..�"�'R'" Xv Claa.maant's Signature All alA�".'t. rA dress --�� 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." j r 1i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA Cm wff, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT Aur i 1 1 5, 198 6 governed by the Board of Supervisors, ) The copy of this document led to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes } given pursuant to Government Code Section 913 and 915.4. Please note all 7 Claimant: Rodney Collins COLt� t;s7UnM Attorney: Pro Per MAR 18 1986 Address: 3523 Humphrey Ave. Martinez, CA 94553 i ( d, CA Transmittal Amount: GG By delivery to clerk on March 13, 1986 Date Received: March 13, 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. t Dated: March 17, 19 8 6PHIL BATCHELOR, Clerk, By Deputy n erve i. 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: 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 (X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. fN Dated: APR 1 5 198 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: ARR 15 �q� 86 PHIL BATCHELOR, Clerk, By t 4� Deputy Clerk cc: County Administrator (2)- County Counsel (1) CLAIM f _TO: . BOARD OF ,SUPEWL ISORS OF CONTRA CO *,Q?WRYappiication to: ' instructions to ClaimantVerk of the Board P.O.Box 911 Martinez,Caiifomia 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. 911.20, 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 Distript 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 form. RE: 1 )Reserved--for Clerk's filing stamps ) RECEIVED Against the COUNTY OF CONTRA COSTA) MAR 131�E'6 EATCME ON ori •�,c . U s c noas F� in name ) ' c T&A COS e J The undersigned claimant hereby makes claim against he�C�ou_nty of Contra Costa or the above-named District in the sum of $ � �`L.l• oo and in support of this claim represents as follows: www___w_w_r www __ r o_-_ _ _ w_r__www www_w__ww wwww K_ When did the damage injurywoccur?--(Give-exact date and hour] 1 6Q- '2- wWI4ee ntie aamage�or injik occur? (In Iude city and county) &)h K.' How did the damage or_C69_S�_injur}goccur? &e full tellirls# use extra sheets if required) j�y/[///j� 1 j fy//J�(/j�J �j1{_(+/_$►� '��/�///(►''jy/y/tt j/tI// j(/ (\�j i/ /�/j�J4�j� /4//(ff//^/jj/'//�/)�j v' w_ 1.�+��iT4.. C��.�7f_�_.i w, �' +��._ ��..` w�T_w_T 4. What� particular act or omission on the part of�county or district officers, servants or employees caused the injury or damage? (over) What are the names of count or district officers servants or . 5. Wh • employees causing the damage or injury? 6. Aatamage or in3u les do you cbaim Yesult �gr ull extent of injuries of damages claimed. . Attach two estimates for auto damage) 7. So was the amount claimed above computed? (Include the estisHO amount of any prospective injury or damage.) ----------------------------------------------------------- -------------- kk B. Names and addresses of witnesses, doctors and hospitals. --T------- �a a-- �. Us. he �xp�enditures ou� made on account of this accident or injury: D{ATE ii_ ITEM AMOUNT e Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b ome persqn on his behalf. " Name and Address of Attorney 1 s Si nature Hf fliva &v M Vf Ix(0( ()vk Telephone No.437 q 19 Telephone No. _ 7-'� NOTICE M 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 An r i 1 15, 1986 governed by the Board of Supervisors, ) The copy oft s document mailed to you is you 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: Charlotte Eros, Individually and as Guardian ad Litem for Vincent Eros Amsden, a minora County Counsel Attorney: Richard Brown The Belli Building MAR 1 % 1986 Address: 722 Montgomery St. San Francisco, CA 94111 Martinez, CA 94553 Amount: $250, 000. 00 By delivery to clerk on Date Received: March 17, 1986 By mail postmarked onAiarch 14, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 18, 1986 PHIL BATCHELOR, Clerk, By v Deputy An ervelli 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: Q tic- 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 ( X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its min0v -for Dated: 1 5 1986s PHte. Deputy Clerk IL BATCHELOR, Clerk, By 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 DATED: X 1986 PHIL BATCHELOR,' Clerk, By ICU Deputy Clerk i cc: County Administrator (2) County, Counsel (1) CLAIM I � ` 1 { t LAW OFFICES Melvin M.Belli, Sr. SAN FRANCISCO.CA 94111 CABLE AEC ISCO SAN FRANCBEVERLY MILLS (LOS ANGELES)CA 90212 i (415)98I-I049 1 (219)277-3612 THE BELLI BUILDING THE BELLI BUILDING 722 MONTGOMERY STREET Marchi 14, 1986 9952 SANTA MONICA BOULEVARD MELVIN M.BELLI,8R. MELVIN M.BELLI.SR. MELV CAESAR BELLI.JR. DAVID S.SABIN LOU ASHE(190"-1980) DANIEL W.DUNBAR DAVID S.SABIN HOWARD HIRSCH RICHARD C.BROWN - ARNOLD W.GROSS PAUL M.MONZIONE FELIX CAYO (ALSO MASSACHUSETTS DAR) MASK ELL SNAPIRO ROBERT A.KIERNAN (ALSO IDAHO MRI JOSEPH M.(OH"IO10 MAP) HAROLD SELAN RENEE D.WASSERMAN OF COUNSEL! DENNIS R.LODE SAM YORTY .DEBORAH SOBEL STEVEN A.FAB DRO PACIFIC GROVE,CA 93950 CAROL SHAW PARALEGALS: BOARD OF SUPERVISORS TME BELL( 6 ILDING BELLI BUBUILDING ALORB[A COUNTY OF CONTRA COSTA 404 FOREST AVENUE VALERIE J.UIMBCRT$ON HARON M. QANDY SCARLOETT 65 1 Pine MELVIN M.BELLI,SR..; . DAVID B.SAB IN MICHAEL J.COCORAN Martinez, CA DONALD N.HUBBARD OF COUNSEL: SANTA CRUZ,CA 95060 JOHN E.HILL ALLEN P.*xTrNWILKINSON RE: CLAIM AGAINST THE CITY OF CONCORD 709 MISSION STREET DANIEL A.ST[N80N HERBERT SELVIG SUNVALLY MALL DISASTER - Dec. 23, 1985 HERBERT gESNER MELVIN M.BELLI,8R. FE"MANGO CHAVEZ DAVID S.SABIN ARTHUR A.GROZA NOT E.HARPER MARK SHAW CHARLES A.D[CUIR.JR. Dear Sir/Madam: RALPH W.BOROFF BETSY W.LESBOS STOC KTON,CA 95202 CHIEF INVESTIGATOR (209)466-0982 STAN HALLMARK Enclosed please find the original and THESSA BUILDING 215 NOR7SAN JOAOUIN four (4) copies each of the following individual MELVI N M.BELLI,SR. claimsLAURENCE E.DRIVON • O.ARCHER BAKERINK STEWART M.TABAK DALE 5F..BALCAO CPER MARIO MOLINA; S.BCD"AUGHAN • CHARLOTTE EROS, individually and as OF COUNSEL: Guardian as Litem for VINCENT EROS AMSDEN: LAU RE NCE ORIVON SAN DIEGO,CA 92101 SHELLEY SHEPPIE; (619) 231-4990 CAROLYN WHITE 317 ASH STREET MELVIN M.BELLI,SR. Please file the original and necessary JOHN LEARNARD JOHN VANARELLI ANDY 2MURKIEWIC2 copies, and return one endorse-filed copy of each SACRAMENTO.CA 95814 claim in the enclosed self-addressed envelope. (916)446-6600 928 SECOND STREET Thank you for your courtesy. ROONEYJ.S CPHERD DOUGLAS E.JAFFE Sincerely, SHERRY CO Legal Assistant to RICHARD E. BROWN, ESQ. CERTIFIED MAIL RETURN RECEIPT REQUESTED 'smc Enc 1. RECEIVED MAR 11 1966 "M lATCNEIOR CLERK SOAM 09 wK114W s CONTRA COSTA CO. RECEIVED CLAIM AGAINST THE COUNTY OF CONTRA COST IAA 11 1986 --in-SAMt,10"'Ou 42's 44: cur C_- T 1,CMIA.2 an CLAIMANTS' NAME: CHARLOTTE EROS, Individually, and as Guardian ad Litem for VINCENT EROS AMSDEN, a minor CLAIMANT' S ADDRESS: c/o LAW OFFICES OF MELVIN M. BELLI RICHARD E. BROWN, ESQ. 722 Montgomery Street San Francisco, CA 94111 (415) 981-1849 AMOUNT OF CLAIM: $ 250, 000. 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: RICHARD BROWN, ESQ. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St . San Francisco, CA 94111 DATE OF INCIDENT: December 23, 1985 LOCATION OF INCIDENT: Sunvally Mall Shopping Center Concord, CA HOW DID IT OCCUR: The County of Contra Costa negligently approved the planning, design and construction of the Sunvally Mall Shopping Center in the path of the landing and take-off corridor of nearby Buchanan Field airport, and knew, or should have known, said area would be subject to aircrash accident. A two-engine Beechcraft plane, piloted by James Graham, crashed into the Sunvalley Mall, which was packed with pre-Christmas shoppers . The crash caused flaming aviation fuel and tons of debris to shower over a crowded section of the mall, including claimant CHARLOTTE EROS and claimant VINCENT EROS AMSDEN, a minor . DESCRIBE DAMAGE OR INJURY: In addition to smoke inhalation, Charlotte Eros and Vincent Eros Amsden suffer from severe emotional distress, fright, anxiety, and nightmares. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. ITEMIZATION OF DAMAGES: Hospital and medical expenses Unknown at the present time and continuing. Signed by or on behalf of Claimant RICHARD BROWN, ESQ. Dated: March 14, 1986 CLAIM BOARD OF SUPERVISORS OF-CONTRA COSTA COi1M, CALIFORNIA BOARD ACTION Claim Against the County, or bistrict ) NOTICE TO CLAIMANT April 15, 1986 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 Sectionreferences 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: John R. "Bob" Mackey Attorney: 4674 Regina Lane Address: Concord, CA 94521 Amount: $70. 76 By delivery to clerk on Date Received: March 17, 1986 By mail, postmarked on March 14, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. P Dated: March 17, 1986 PHIL BATCHELOR. Clerk, By Deputy Cerve li II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) Q<) 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: 77 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 (Y ) 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 min r5r198is 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 T0: (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: APR _PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CLAIM- TO:� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person- or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual -of the cause of action. (Sec. .911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , 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 ) ]DECEIVED Against the COUNTY OF CONTRA COSTA) SAAR 1'11986 or DISTRICT) Psi a�Tc„Eioa (Fill in name) ) 2[RK B co U°5l1YiR Rs c r.Cosa, a 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: ---------------------g--o----------------------------------------------- 1. When did the damage -- injury occur? (Give exact date and hour) Z a = 30 -----------r---------------- -----V-----O---------------- 2. Where did the damage or injury occur. (Include city and county) fAr, p1G*T t�P (.AMC , EAsTOOJ09 VfAT a 1. o. OFF 0.710 - 0- Air LTA TNPJ. ------------------------------------------------------------------------ d 3. How did the amage or injury occur? (Give full details, use extra sheets if required) 4AZZ t-k+T AN UNM.AW_VEV ex44\/AT1V*r J VIDLk- t+J P,kVE-Ak:+JT' WP000, it" w+oE ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? fAt .\jR-E' To F La, T"T ume. vG A��V+p� wk2�.1�n�Y Of t �: I rJ (over) 5. anThat"are the names of county or district officers,-,7sexvaA.ts,mr7F .112 r•- " 1 employees causing the damage or injury? ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) VAdfWr ffZONT TIM- WAS DAMAGE.. MJ"T F(ZW-r WkE6c. W45 Fiewr ANO A -r94M 04a4cr oa wt.KeL- Was vosT. - -- -- - - - - p ------------------- 7-.--Ho-w--was---th-e--amount- -----claime-- --d--ab-ove---com--- uted---- -- . In--clude the estimated--- amount of any prospective injury or damage. ) wRft"- - 1114M 124&36r (1) P&L-TA NISSAO 32.26 (?4 6*Pe,* O NIfS'ArJ 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: ITEM AMOUNT :Ole ' 1 Govt. Code Sec. 910.2 provides : "The claim s 'gned by the claimant SEND NOTICES TO: (Attorney) or so ers his behalf. " Name and Address of Attorney �WZUOKA C-4�04l iman ignature A dress &ON4e.o Cd. 134.524 Telephone No. Telephone No.. G*7-Z$l 2 R9A%C- ********************************************************* ?Z.503fo w*944o ** 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. " >III�3Ii � O� ,x :..."'. MILEAGE; .LICENBEWO: Q saI►8ee2r w 4 Nx ..I205 Parkside Dn�►e __ sin A'B�4b2 y � G'a�eek, MP TIN OUT: tro-47 ;s 3 ` 'lV JiP ('D DEFERRED OTHER p �_Y/c�y � ..�.¢-•� CIZ1l,�,A t � Z.7 i•f aw �4. - `=psi`.",. r"a..�`iti�:i' `?"•r, i`fi+C__. �.`;,..'L'i'*S::^ M*4v.�syt+'. W �'at a •z. _ s.. �•� "''=''ti�`�� W �- FET w.`j`-J" _ �`9.. -^M- 'V -1'�.ySi-4 !{��''i� r-•_ 'F�T yam.t.� �' ����.. _. a•• Zit: asx=" j fET . ,a F "y .rn'7v I.as Cry " F r 1 _.. _ FET B TOTAL aOV. •-: LD ,[IliilCf Y01IR :Aif11SPLf4«� YES BALANCEy�, TIRE PROTECTION:PLAN ::YES'0 _1�f0: _._-.:'.PPP NO. - -.•� MiSSING:`NUBCA'P L17GNUT` �STRUTL"tRSOR ------------- 0 F7 d.ItdINGS .SHOCK180Rmz ZRAKE-t AlIOR G ❑ . ....REAR LININGS ALIGNMENT ,.O PULLS LEFT - O VIBRATES .0 -0 FT SHOCKS-_:_l'-a-L i' IGN'CHECK ❑'PULLS RIGHT QTREAD WEAR I TYPE OF DRIVING TYPE OF ROADS ESTIMATE REAR SHOCKS 1 AMOUNT AaLOW .,FAST Crry COUNTRY 9 TOTAL SALE 4A SAVE OLD TIRES 1.•_..:; _-AVG::`;.... ... .: HWY. . $ °NO�OSR (LESS DEPOSIT) ( ) WORK AUTHORIZATION:1 HEREBY AUTHORIZE EMPLOYEES`.OF WHEEL.-*ORKSFE:: METHOD.OFPAYMENT TO PERFORM THE WORK LISTED ABOVE.THEY MAY OPERATE THE VEHICLE FOR VISA : .'CASH TEST OR INSPECTION PURPOSES.I-ALSO UNDERSTAND TMATMMEEL'WORKS IS ivc / DW1L0P NOT RESPONSIBLE FOR ANY PERSONAL-PROPERTY LEFT IN THE VEHICLE. 1 ACKNOWLEDGE RECEIPT OF THIS ESTIMATE AND WORK AUTHORIZATION. /�/ 7r/�a►nf .yo y ;.. . . ADDITIONAL AUTHORIZATION. 'V. A.M. P.M. C OMER J►MOUNT ' MIONE,; EXT. -1N, MLS-. winWo•a I toS Sys .. " CUSTOMER COPY CONTRA COSTA COUNTY TO Bob Mackey DATE 2/5/86 FROM Arlministratnrls SUBJECT Claim Form Office Enclosed is a form for your convenience in filing a claim. Please return the completed form to the office of the Clerk of Board of Supervisors for processing. SIGNED PLEASE REPLY Hiii Q TO ��tW DATE + S� fl,(,L#S'W is 1W "Irl frXL.• f&YZ- AW PAM46� SVSTAMAM IS'( "y Gds. A44d l A44 jW6L0P 1Nrf k r#P ' &F fiW Ac-4 pew 4 W vg UVt hcf t F i 1,F,-0 WI IN SMC- 411k?. AMP 'Ne SPT ( MG Y00 f'd2 Vat. Cao Si OtAzTtw ak�a`g SIGNED INSTRUCTIONS-FILL IN TOP PORTION REMOVE DUPLICATE IY LLOWI ND FO ARD RE INING PARTS WITH CARBONS. TO REPLY, FILL IN LOWER PORTIO ANDS APO CARBONS. RETAIN TRIPLICATE(PINK)AND RETURN ORIGINAL. FORMM103 QS vc+y���. atc yam, '~� fi� -*i.7'^—�4•.�4`��pr�.-"'4' �.2 moi'' �tq ` '".'.y" �' - - =3 RA !C Cp�L15tQiV'ft£PORT Dam"4'r f = Drietnal to officer.eopyties/to"involved partyties) 1YOfTt 4-_ W 's1I _ ♦ ,� 9 �, y ;x.,.+M� y1.VD/CULL�AM1/TRKT,-, Monaco RaPORT/NG DISTRICT CO CC+M..Mao POW— �. �.-y � - •y/O. OArT�A1t ,� --i"•:- ,,.,-t_. - .�5. .k jar t ;-" `fir. ��"_.1... ...�f>_ T 1 >tsc"oft'W1TN '- _ OAT Oi WeaR TOW AWAY lTATa NWr Ra L..ATaD �6 r .. ., 4 {.J bw. 'J rLaT <f"^ O/l._ t ,� ,per:�'.,_.r.. E3 Two ❑No ❑ra! ❑ND MAMA tfRlT'M/DDL fTn P.�', - - Ma NYM we ! C V. owwan w�p/1ass . . _` zip cons / - .-►ap. Dw11Y=w S MiFM .aw�4 Ta a1wTFNa'wLTs: anl(, NORTM TKD:YLN YaNiCLa TR MIR M OLL - YCLWaa•MYnaKa -aT A 4 _._.s .� ......i/CXC..GOLOR- TRAY IpMOr '17— ,i• 'TAR?1 s i1na fJRST.'+n1DOLa-.i.AiT t,z •NpNe Monaco .. .. .. yy — 4:.. _ zip Cod: RARwwnva + S� - • .►aD owwaw.s+�y/„�M,.. rsw,, s, -. 1ls�rwtt r 4 1mTNoATa - sax t PIC01waN YaMKia rw nAKX MODLL awoa RlYnaaw -riTATi .i/DY.C.. 1COL0w D/RaCT1DN or pMfACRpas cTRaaT-OR,AiMall tX y,,, ':r ". _ OsTn.�a�o,. YaN/C4a�AYAOa- . .sitinpVap TO'.: - RafOwTIMD o►♦/Caw - iL.3 �; '' '�. �;•j; ''�-`'F' - " - wr.;1 f ff.+-.n „f t..:=...•. i!'�. . a ADa. GRA .'ADoweas Moms"unman - DA NO wrr ', Api caa !/Ana - -- ADowass _ IMpMa MYYRCR sAwTT NO. . -M/00,. •ADowea! DAMADLD•RMan" IMPORTANT — READ CAREFULLY '-Keep this report. This is your record ofµthis accident. To comply with California Vehicle Code Section 20002 (duty -where property damaged), yon must either:. Give the owner or person-•in-charge of such property the name and address of the driver and owner of the vehicle; or in-the absence.of the owner,.. b. Leave a written !notice in a conspicuous place on the other vehicle or damaged property, giving the name and address of the driver and owner of the vehicle involved and a statement of the circumstances. This information is necessary for the completion of your State SR-1 Report and insurance Report. VEHICLE CODE SECTION 16000 The driver of a vehicle involved in an accident resulting in damage to the property of any ONE party in excess of the amount stated in V. C. 16000 or in the injury or death of any person MUST submit a State Injury or Damage Report, Form SR-1 to the California Department of Motor Vehicles within 15 days. Note: Failure to comply may result in suspension of your driver's license. Form SR-1 may be obtained from the Department of Motor Vehicles, the California Highway Patrol, any police station, motor vehicle club, or insurance agent.. if City or State property is damaged, you will be contacted regarding possible liability. . "�• n iw..:'17�:r,�' �%:r:�:-.:i w•_'�MMt - CK MMYKit ... ._ a�1t.i.b. MVMrt M. - PAD 77- k. -.rim.�-'a'sw^:^+.�33e is .'.�"�..k^�•--.' � y''- - .. toe _ ..r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 15, 1986 governed by the Board of Supervisors9 ) 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: Maisum PZogannam Cou-,if/ CJunsel Attorney: MAR 1 S 1986 Address: 116 Valley Oaks Dr. Martinez, CA 94553 Alamo, CA 94507 Amount: $49 . 26 By delivery to clerk on March 14, 1986 Date Received: March 14, 1986 By mail, postmarked on March 13, 1986 I. FROM: Clerk of the Board of Supervisors TO. County Counsel Attached is a copy of the above-noted claim. Dated: March 17 , 198(PHIL BATCHELOR, Clerk, By ° Deputy -AMTTrCerveni 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: By: :Z 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 (,x) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutr f5 19t s date. Dated: AP 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. ( ) Apwarning � � �of claimant's right to apply for leave to present a late claim was mailed DATED: PHIL��� PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CLAIK TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY .Instructions to Claimant A. Claims relating to causes of action for death or for injury to person -or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, 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 1qAiSUA1 HQ&*A1A1_41-1 C-4 !14107 RECEIVED Against the COUNTY OF CONTRA COSTA) MAR Iq 1986 or DISTRICT) (Fill in name) "4L BATCHELOR 0 RR COSI I A I"V v - 00motv The undersigned claimant hereby makes claim C ..'the CoUnIt"yof Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: i-.--Tqfi-eR-a-la-Es-e-a;-ma-g-e--o-r--in--31-u-r-y--o-c-c-u-r-?---(G--i-ve---e-x-a-c-t--da--t-e--an--d-h-o--u-r)----- On PebruArmts, — lqgcp Am. ------------------------------------------- 2. Where did the damage or an�ury occur? (Include city and county) ----------------------- ---------"_ ---- --- ------- X5 -R6,;-aid the damage or injury occur?- (Give full details,-use- . extra sheets if required)& worSder,,Vir down 5- W4_ V4 9A :E 6W.4 0. 21am art tj� ,,he.4 or O"W rtAL64 -J4& S142 -Vo See. Wkg,,+ = ;PW-AZk0Xr--10 'I-0LAtL'V% 4 . -47hat particular act or omission on the part o _!--------------- county or district officers , servants or employees caused the injury or damage? -rkL raaJ wAi tAA-so44 6ccajAic &r,- _kAL (over) 5. What are the names of county or district officers,-.servantsoor�.� 1 employees causing the damage or injury? ----------------------------------------------------- ------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) '�Yo�t E ytk -%re blew o&tk ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) &eJoseel. 64W +et) Ens-6.dw4v-,1 a�) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------- , 9. List the expenditures you made on account of this accident or injury: .. »•..AAT •i �_ , ITEM ,MOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (.Attorney) or by some person ori his behalf. " Name and Address of Attorney Claimant!A Sign ture J G V&I1&./ hkx J ,r; Addrebs f- �Q/rIo FSS �4 7 Telephone No. Telephone No. 910-4162-. ************************************************************************** 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. " i _ . ._ . - - --. _'_ . - - .--�- cl-►an�Gcl __ e - 1'� and- +--b - ---- -- -. - �-�¢. �a.rr� _ -slcst wlvirc _. � - .�dt- - ��-----�10.t. --�.--���'►�--------- - --------- ------------ - UM _-'JJYV "IJ7 - ------------------- ----------------------------------------------------------- ABLE "fl Ef F 1 13 Nil TOY I ti } _.. . .. � � r�- � ,k �;w�,�� ., ars r'�i'•��{. r, '�-.��+'. F Y J N9 •4�S,a,.t:L r WRITE IT! - DON'T SAY IT! _ M103 Os CONTRA COSTA COUNTY To Maisum Mogannam 2/18/86 DATE FROM County Administrat4 � Claim Form Ea The enclosed form is provided for your . convenience in filing a claim for auto damage. Please return the completed form to the office of the Clerk of the Board of Supervisors for processing. SIGN PLEASE REPLY H TO DATE 44a m arm nor o' 10, .f: hRdl tut- nailte,d +ka. pot— LA4%- ; opal S ,1ai--►`csJl �,�..}- S �"`' 6A a.-f-� ��T•�������� F ; I ova `t1 � S t,rn,�,(� Qe-}- +v • MW SIGNED *'I INSTRUCTIONS-FILL IN TOP PORTION,REMOVE DUPLICATE IYELLOWi AND FO ARD REMAINING i PARTS WITH CARBONS. TO REPLY, FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE IPINKI AND RETURN ORIGINAL. FORM M103 ©s CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 15, 1986 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 Molina, Sr. C-00 , Counsel Attorney: Richard Brown MAR 19 1986 Law Offices of Melvin Belli Address: 722 Montgomery St. NiarUnez, GA 94553 San Francisco, CA 94111 Amount: $2, 000, 000. 00 By delivery to clerk on Date Received: March 17 1986 By mail, postmarked on rlart�}i '1 1 "6 ►�'IQy (Ib)L Lai I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 18, 1936 PHIL BATCHELOR, Clerk, By Deputy A4n C Pa-ryp 11 i II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) 00 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) 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 BATCHIIAR, 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 915.6. 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: ,SPR 1 5 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM LAW OFFICES Melvin M.Belli, Sr. SAN FRANCISCO,CA 94111 - CABLE "BELE.O• BEVERLY HILLS (LOS ANGELES)CA 90212 (415)981-1849 - SAN FRANCISCO (213)277-3612 THE BELLI BUILDING THE BELLI BUILDING 722 MONTGOMERY STREET March 14, '1986 9952 SANTA MONICA BOULEVARD MELVIN M.BELLI,SR. _ MELVIN M.BELLI,SR. MELVIN CAESAR BELLI,JR. DAVID S.SABIH LOU ASHE(1909-1980) DANIEL W.DUNBAR DAVID S.SABIH HOWARD HIRSCH RICHARD E.BROWN - ARNOLD WrGROSS PAUL M.MONZIONE FELIX CAYO (ALSO MASSACHUSETTS BAR) HASKELL SM APIRO ROBERT A.KIERNAN - _ _ (ALSO IDAHO BAR) JOSEPH M.SINDELL HAROLD SELAN (OHIO BAR) RENEE D.WASSERMAN - OF COUNSEL DENNIS R.LOOS .DEBORAH SOBEL - SAM YORTY STEVEN A.FABORO CAROL SHAW PACIFIC GROVE,CA 93950 PARALEGALS: BOARD OF SUPERVISORS (BELL 6UILDIN9 THE BELLI BUILDING VALERIE o.LAM COUNTY OF CONTRA COSTA 405 FOREST AVENUE VALERIE J.LAM BERTSON ' - . SHARON M. MELVIN M.BELLI,SR.+ RANDY SCARETT 6 51 Pine DAVID S.SABIH MICHAEL J.COCORAN Martinez, CA DONALD N.HUBBARD OF COUNSEL - - SANTA CRUZ,CA 95060 JOHN E.HILLALLE DANIN P..STEN OWILKINSON RE: CLAIM AGAINST THE CITY OF .CONCORD (408)458-0440 DANIEL A.STENSON 709 MISSION STREET JETTIE P.SELVIG •] HERBERT RESNER SUNVALLY MALL DISASTER - Dec• 23 , 1985 MELVIN M.BELLI,SR. FERNANDO CHAVEZ DAVID S.SABIH ARTHUR A.GROZA ROY E.HARPER MARK SHAW CHARLES A.00CUIR,JR. Dear Sir/Madam: RALPH W.BOROFF BETSY W.LESBOS STOCKTON,CA 95202 CHIEF INVESTIGATOR (209)466-0982 STAN HALLMARK Enclosed lease find the original and THEB SA BUILDING P 9 215 NORTH SAN JOAOUIN four (4) copies each of the following individual MELVIN M.BELLI.SR. claims : LAURENCE E.DRIVON G.ARCHER BAKERINK STEWART M.TASAK DALE S.BALCAO MAR I O MOL I NA� DEAN F.COOPER / S.SCOTT VAUG MAN • CHARLOTTE EROS, individually and as OF COUNSEL: Guardian as Litem for VINCENT EROS AMSDEN: LAURENCE DRIVON SHELLEY SHEPPIE j SAN DIEGO,CA 31 92101 -4990 CAROLYN WHITE 361ASH STREET MELVIN M.BELLI,SR. JOHN LEARNARD Please file the original and necessary JOHN VANAREIII ANDY 2MU RKIEWICZ copies, and return one endorse-filed copy of each SACRAMENTO.CA 95814 claim in the enclosed self-addressed envelope. (916)448-8600 928 SECOND STREET MELVINBELLI,SR. Thank you for your courtesy. RODNEYJ.ISHEPHERD DOUGLAS E.JAFFE Sincerely, I SHERRY CO Legal Assistant to RICHARD E. BROWN, ESQ. CERTIFIED MAIL RETURN RECEIPT REQUESTED 'smc Enc 1. RECEI VEIL MAR 1 j 1986 PHIL BATCHELOR CLERK BOA?!)09 SUPERVISORS / CONTRA COTTA CO. .V 1 CLAIM AGAINST THE COUNTY OF CONTRA COS.'A RECEIVED ?AAR 11 1986 CLAIMANTS' NAME: MARIO MOLINA, SR. PHLBATCHE10 CtER C TRA C� ol 5 it CLAIMANT' S ADDRESS: C/o LAW OFFICES OF MELVIN 6a RICHARD E. BROWN, ESQ. 722 Montgomery Street San Francisco, CA 94111 (415) 981-1849 AMOUNT OF CLAIM: $2, 000, 000 . 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: RICHARD BROWN, ESQ. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St . San Francisco, CA 94111 DATE OF INCIDENT: December 23, 1985 LOCATION OF INCIDENT: Sunvally Mall Shopping Center Concord, CA HOW DID IT OCCUR: The County of Contra Costa negligently approved the planning, design and construction of the Sunvally Mall Shopping Center in the path of the landing and take-off corridor of nearby Buchanan Field airport, and knew, or should have known, said area would be subject to aircrash accident . A two-engine Beechcraft plane, piloted by James Graham, crashed into the Sunvalley Mall, which was packed with pre-Christmas shoppers . The crash caused flaming aviation fuel and tons of debris to shower over a crowded section of the mall, including claimant ' s minor son, MARIO MOLINA, JR. DESCRIBE DAMAGE OR INJURY: Mario Molina, Jr . sustained severe burns to over 25% of his body. Both Mario Molina, SR. and his son Mario, Jr . suffer from severe emotional distress, fright, anxiety, and nightmares . NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. ITEMIZATION OF DAMAGES: Hospital and medical expenses Unknown at the present . time and continuing . Signed by or on behalf of Claimant ILJ RICHARD BROWN, ESQ. Dated: March 14 , 1986 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA CO Wff CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLUMANT April '15 , 1986 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 "WarninW,-,q, Counsel Claimant: Shellie Sheppie MAR 19 1986 Attorney: Richard Broun The Belli Building pAartinez, CA 94553 Address: 722 Montgomery St. San Francisco, CA 94111 Amount: $250, 000. 00 By delivery. to clerk on Date Received: March 17 , 1986 By mail, postmarked on March 14, 1986 �.t -# "P14401,IL31 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 18, 1986 PHIL BATCHELOR, Clerk, ByM. 0 v Deputy A Cerve li 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: �? By:lue, 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 (.X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. {�.0�_ pp -� 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: APR 1 , 1GPf PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM (s �. L:W OFFICES y Melvin M.Belli, Sr. _CABLE �BELE.4� SAN FRANCISCO,CA 94111 BEVERLY HILLS (LOS ANGELES)CA 90212 (415) 981-1849 SAN FRANCISCO (213)277-3612 THE BELLI BUILDING THE BELLI BUILDING 722 MONTGOMERY STREET March 14, 1986 9952 SANTA MONICA BOULEVARD MELVIN M.BELLI.SR. MELVIN M.BELLI,SR. MELVIN CAESAR BELLI.JR. - DAVID S.SABIH LOU ASHE(1909-1980) _DANIEL W.DUNBAR DAVID S.SASIH HOWARD HIRSCH RICHARD E.BROWN ARNOLD W.GROSS PAUL M.MONZIONE FELIX CAVO (ALSO MASSACHUSETTS OAR) NASKELL SHAPIRO ROBERT A.KIB ) JOSEPH M.'SINDELL (ALSO IDAHO OAR) N AROLD SELAN _ - (OHIO BAR) RENEE D.WAS SERMAN OF COUNSEL: DENNIS R.LOOS .DEBORAH SOBEL SAM YORTY STEVEN A.FABBRO PACIFIC GROVE,CA 93950 CAROL SHAW PARALEGALS: BOARD OF SUPERVISORS MBELL 6UILDIN9 .THE BELLI BUILDING VALERIE O.LAM COUNTY OF CONTRA COSTA 405 FOREST AVENUE VALERIE J.LAM BERTSON RANDY SCAR ETT 651 Pine . MELVIN M.ID S.SABIH BELLI,SR.. DAV MICHAEL J.COCORAN Martinez, CA DONALD N.HUBBARD OF COUNSEL: JOHN E.MILL SANTA CRUZ,CA 95060 ALLEN P.WILKINSON RE: CLAIM AGAINST THE CITY OF CONCORD 709 MISS)458-0440 DANIEL A..STENSON STENMISSION STREET SELVIG HERBERT RESNER -SUNVALLY MALL DISASTER Dec. 23, 1985 HSNMELVIN M.BELLI,3R. FERNANDO CHAVEZ DAVID S.SABIH ARTHUR A.GROZA MARK SHAW ROY E.HARPER }� CHARLES IR,JR. Dm RALPH W.BOROFF Dear Sir/Madam: LESBOS BETSY W. EBBO � STOCKTO N,CA 95202 CHIEF INVESTIGATOR (209)a66-0982 STAN HALLMARK Enclosed please find the original and THEBUILDING 216 NORTHHSSAAN JOAOUIN four (4) copies each of the following individual MELVIN M.BELLI.SR. claims : LAURENCE E.DRIVON G.ARCHER BAKERINK STEWART M.TABAK DALE S.SALCAO MAR I O MOL I NA� DEAN F.COOPER � S. SCOTT VAUG HAN • CHARLOTTE EROS, individually and as OF COUNSEL: Guardian as Litem for VINCENT EROS AMSDEN: LAURENCE DRIVON SHELLEY SHEPPIE j SAN DIEGO,CA 92101 CAROLYN WHITE (619231-4990 STREET MELVIN M.BELLI,SR. JOHNEARNARD Please file the original and necessary ANDY JOHN VANARELI ZMURKWICZ copies, and return one endorse-filed copy of each SACRAM ENTO.CA 95814 claim in the enclosed self-addressed envelope. (916)448-6600 926 SECOND STREET MELVIN M.BELLI,SR. Thank you for your courtesy. ROONEYJ.SHEPHERD DOUGLAS E.JAFFE Sincerely, SHERRY CO Legal Assistant to RICHARD E. BROWN, ESQ. CERTIFIED MAIL RETURN RECEIPT REQUESTED 'smc . Encl . RECE1 VEIL MAR 111986 PH t SATCHNOR CLERK BOAe1)OF SUPERVFM ` ! CCNTRA COTTA CO, .V r CLAIM AGAINST THE COUNTY OF CONTRA OSRECEIVED CLAIMANTS' .NAME: SHELLIE SHEPPIE P►t�t��7cMflOR f R CO J rJ.CVORS OV 8 CLAIMANT' S ADDRESS: c/o LAW OFFICES OF MELVI RICHARD E. BROWN, ESQ. 722 Montgomery Street San Francisco, CA 94111 (415) 981-1849 AMOUNT OF CLAIM: $250, 000 . 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: RICHARD BROWN, ESQ. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St. San Francisco, CA 94111 DATE OF INCIDENT: December 23 , 1985 LOCATION OF INCIDENT: Sunvally Mall Shopping Center Concord, CA HOW DID IT OCCUR: The County of Contra Costa negligently approved the planning, design and construction of the Sunvally Mall Shopping Center in the path of the landing and take-off corridor of nearby Buchanan Field airport, and knew, or should have known, said area would be subject to aircrash accident . A two-engine Beechcraft plane, piloted by James Graham, crashed into the Sunvalley Mall, which was packed with pre-Christmas shoppers . The crash caused flaming aviation fuel and tons of debris to shower over a crowded section of the mall, including claimant SHELLIE SHEPPIE DESCRIBE DAMAGE OR INJURY: In addition to an injuried knee and smoke inhalation, Mrs . Sheppie suffers from severe emotional distress, fright, anxiety, and nightmares . NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. ITEMIZATION OF DAMAGES: Hospital and medical expenses Unknown at the present time and continuing. Signed by or on behalf of Claimant 111L l /Lj RICHARD BROWN, ESQ. Dated: March 14, 1986 rrZrA�� • c� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 15, 1986' governed by the Board of Supervisors, ) The copy of—th-i—s —do—cume-nt-19lied 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 S10 ct., r� �3 and 915.4. Please note all "W� tip, s� Claimant: Nora Taylor MAR 19 1986 Attorney: Robert W. Lazzarini CP. 94553 Lazzarini & Frazier ;y'i2ri1�1eZ, Address: 49 Quail Ct. , Ste. 212 Walnut Creek, CA 94596 �Q^�—d di n r a 4",-JA 0 tX4-- Amount: $250, 000. 00 By delivery to clerk on March 18, 1986 Date Received: March 18, 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. r Dated: March 19 , 19 8 6PHIL BATCHELOR, Clerk, Ev JJ Af Deputy aAnn CPrvP11i 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: 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 (x) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, BL�&, , 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: APR 1 JGga PHIL BATCHELOR, Clerk, ByC\-4.�,±L , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM X' TO: BOhAft OF SUPERVISORS OF CONTRA Instructions to ClaiAtC!erk of the Board Martinez,Cali(ornla 94553 A. Claims relating to causes of action for death or for injury to A 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 thecause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Rese d foULqrk s filing stamps NORA TAYLOR A RECEIVED Against the COUNTY OF CONTRA COSTA) 1AAR V 19e6 ) �""P AMA or DISTRICT) rrt 0ATCHEIM K "'?tuy'nn ." O (Fill in name) CE T.'" C; Wam 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 : '.- {Give-exact - - aaFnage or injury occur? (GNe-e a December 23 , 1985, at 8 :30 p.m. ----------------------------------------- 2. h'here did the damage or zn3ury occur? (Include city and county) THE SUN VALLEY SHOPPING CENTER, CONCORD, CALIFORNIA -----------7--------------------- --------------- 3. Haw e mage or injury occur? (Give full-details, use extra sheets if required) Please see the attached sheet which is incorporated by reference �--- -- - -- i---- ------------------ - . �IE;ip;rEic� ara�ioromission on the part of r district officers , servants or employees caused the injury or damage? (over) i;;Iat a;:L Ll;c name of county or aistrict oa;zicers , bULVQJ1Lb U1 employees causin he damage or injury? ----------------------------------------------------- ;-.--�Rs-a-t-d-a--ma-g--e--o-r-injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage-) Ms. Taylor was injured in a fall brought about by the * plane crash and subsequent events . The exact nature of her injuries are unknown to claimant at this time. For her damages Ms. Taylor G-laIM-SL LU------------------------------------------- --------- - 7 . How was the amount claimed above computed? (Include the-estimated- - amount of any prospective injury or damage. ) Claimant has incurred significant hospital , doctor, and counseling bills . The exact amount of these bills and the amount necessary for future treatments is unknown to claimant at this time. 6. Names and addresses of wi n sse Kaiser Hospital Walnut Creek, CA. The exact number and names of doctors and witnesses are unknown to claimant at this time. 9 . List the expenditures you made on account of this accident or in3ury: DATE , ITEM AMOUNT This information is being ascertained at this time. Govt. Code Sec. 910. 2 provides : SEND NOTICES TO: (Attorney) "The claim signed by the claimant or by some person on his behalf. " Name and Address of Attorney ROBERT W. LAZZARINI Claimant ' s r1ognKture LAZZARINI & FRAZIER, 1611 Adelaide Street, 035 A Professional Corporation Address 49 Quail Court, Suite 212 Concord, CA 94520 Walnut Creek, CA 94596 Telephone No. (415) 934-5000 Telephone No. 934-5000 .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- OF PSORA TAYLOR SUPPLEMENTAL SHEET On December 23, 1985, at approximately 8: 30 p.m. , an aircraft piloted by JAMES MOUNTAIN GRAHAM crashed into the roof of the Sun Valley Shopping Center, Concord, California. This crash occurred as a proximate result of Contra Costa County' s negligence and carelessness in allowing the shopping center to be built in an area which was unreasonably dangerous due to the then existing and expected future flight activity at Buchanan Field. Contra Costa County failed to require appropriate aircraft warning, safety, fire-fighting equipment and medical treatment facilities within the Sun Valley Shopping Center. It was foreseeable that a plane would crash into the shopping center causing oil and fuel fires . ' Further , the Contra Costa County failed to adequately supervise flight operations and safety procedures at Buchanan Field at the time of the accident. Additionally, Contra Costa County did all of the above acts and omissions in conscious disregard for the safety of plaintiff and others similarly situated . CLAIM! BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or bistriet ) NOTICE; TO CLAIMANT April 15, 1986- 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: Carolyn lihite County Counsel Attorney: Richard Brown Law Offices of Melvin Belli MAR 1 $ 1986 Address: 722 Montgomery St. San Francisco, CA 94111 Martinez, CA 94553 Amount: $500, 000- 00 By delivery to clerk on Date Received: March 17, 1986 By mail, postmarked on Larch 14, 1986 CL&.-AiF 194 0l2. G31 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: liar ch 18, 19 8 6 PHIL BATCHELOR, Clerk, By ° Deputy nn erve li 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 910.29 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: L:t 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, ByLXN_� , 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: R� rQ cPHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM LAW OFFICES Melvin M.Belli, Sr. SAN FRANCISCO,CA 94111 CABF RANC`BEC ISCO SAN FBEVERLY HILLS (LOS ANGELES)CA 90212 (415)961-1849 - - (219)277-3612 THE BELLI BUILDING THE BELLI BUILDING 722 MONTGOMERY STREET March 14, 1986 9952 SANTA MONICA BOULEVARD MELVIN M.BELLI,OR. MELVIN M.BELLI,SR. MELVIN CAESAR BELLI,JR. DAVID S.SARIN LOU^SNE(1909-1980) DANIEL W.DUNBAR DAVID S.SARIN HOWARD HIRSCH RICHARD L.BROWN ARNOLD WrGROSS PAUL M.MON210NE FELIX CAYO (ALSO MASSACHUSETTS BAR) HASKELL SH APIRO ROBERT A.KI ERMAN 1^LSO IDAHO BAR) JOSEPH M. ) (OH.IO10 BAR) HAROLD 3fLAN RENEE O.WASSERMAN OF COUNSEL' DENNIS R.LOOS SAM YORTY .DEBORAH SOBEL STEVEN A.FABBRO PACIFIC GROVE,CA 93950 CAROL SHAW PARALEGALS: BOARD OF SUPERVISORS THE BELLI BUIL (BELL6DING DING DAMIENCOUNTY OF CONTRA COSTA 405 FOREST AVENUE VALERIE J.J.LAMB ERTSON - RANDY SCARLETT 651 Pine MELVINM.BELLI, _ DAVID S.SA81 IN H MICHAEL J.COCORAN Martinez, CA DONALD N.HUBBARD OF COUNSEL: SANTA CRUZ,CA 95060 JOHN E.HILL ALLEN P..STENWILKINSON RE: CLAIM AGAINST THE CITY OF CONCORD 709 (40:! S ON s R ET DANIEL A.STENSO N EE ELV1G HERBERT RESNER -SUNVALLY MALL DISASTER Dec. 23, 1985 MELVIN M.BELLI,SR. FERN^NDO CNAVE2 DAVID S.SAO IH ARTHUR A.GROZA ROY E.HARPER MARK SHAW RALPH W.BOROFF CHARLES A.D[CUIR,JR. Dear Sir/Madam: BETSY W.LESBOS STOCKTON.CA 95202 CHIEF INVESTIGATOR (209)466-0982 STAN HALLMARK Enclosed lease find the original and THE BELLI BUILDING p g Y16 NORTH SAN JOAQUIN four (4) copies each of the following individual MELVIN M.BELLI.SR. claims : G.ARCHER OAK ERINK STEWART M.TAOAK DALE S.BALCAO PE MAR I O MOL I NA; S.s OTT AUGHAN • CHARLOTTE EROS, individually and as OF COUNSEL: Guardian as L i t em for VINCENT EROS AMSDEN: LAURENCE DRIVON SSAN DIEGO, 31 92101 HELLEY SHEPPIE; (619)231-4990 CAROLYN WHITE 317 ASH STREET MELVIN M.BELLI.SR. Please file the original and necessary JOHN LEARNARD JOHN VANARELLI NDY IEWICZ copies, and return one endorse-filed copy of each AENTO.CA 95814 SACRAMENTO.CA 95814 claim in the enclosed self-addressed envelope. (916)448-8800 928 SECOND STREET Thank you for your courtesy. Roo EY.BELLI,RD DOUGLAS E JAFFE Sincerely, SHERRY CO Legal Assistant to RICHARD E. BROWN, ESQ. a CERTIFIED MAIL RETURN RECEIPT REQUESTED 'smc ,Encl. RECEI VIED MAR 111986 ►Mil BATCHROR CLERK SOAM Us SUKRvsm / CCNTCA COTTA Co. .V 1, f t CLAIM AGAINST THE COUNTY OF CONTRA COS[- A 'AAR ;rl PN BATC.!! l0� CO T COST'. D 8 CLAIMANTS' NAME: CAROLYN WHITE AM CLAIMANT' S ADDRESS: c/o LAW OFFICES OF MELVIN M. BELLI RICHARD E. BROWN, ESQ. 722 Montgomery Street San Francisco, CA 94111 (415)1981-1849 AMOUNT OF CLAIM: $500, 000 . 00 i ADDRESS TO WHICH NOTICES ARE TO BE SENT: RICHARD BROWN, ESQ. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St . San Francisco, CA 94111 DATE OF INCIDENT: December 23, 1985 LOCATION OF INCIDENT: Sunvally Mall Shopping Center Concord, CA HOW DID IT OCCUR: The County of Contra Costa negligently approved the planning, design and construction of the Sunvally Mall Shopping Center in the path of the landing and take-off corridor of nearby Buchanan Field airport, and knew, or should have known, said area would be subject to aircrash accident . A two-engine Beechcraft plane, piloted by James Graham, crashed into the Sunvalley Mall, which was packed with pre-Christmas shoppers . The crash caused flaming aviation fuel and tons of debris to shower over a crowded section of the mall, including claimant CAROLYN WHITE DESCRIBE DAMAGE OR INJURY: In addition to a fractured shoulder,multiple contusions and burns, and smoke inhalation, Mrs . White suffers from severe emotional distress, fright, anxiety, and nightmares . NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. ITEMIZATION OF DAMAGES: Hospital and medical expenses Unknown at the present time and continuing . Signed by or on behalf of Claimant XJ RICHARD BROWN, ESQ. Dated: March 14 , 1986 1 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE 70 CLAIKANT April 15, 1986 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: Frank D. Evangelho (275932)- 0,0111W Counsel Attorney: Lawrence E. Kern MAR 113 1986 1840 Van Ness Ave. , Ste. 8 Address: San Francisco, CA 94109 martinet, CA 94553 Amount: By delivery to clerk on Date Received: March 14, 1986 BY mail, postmarked on March 11, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 17, 1986pHIL BATCHELOR, Clerk, By ° Deputy ervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. (X) 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.$). ( ) 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: j By: .C. 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: APR 151986 PHIL BATCHELOR, Clerk, ByDeputy 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 DATED: o AR-T-1): MG PHIL BATCHELOR, Clerk, By �,���._., Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM Law Offices of LAWRENCE E. KERN A Law Corporation Lawrence E. Kern 1840 Van Ness Avenue John A. Noda Suite Number Eight Joseph M. Devine San Francisco, CA 94109 Telephone (415) 474-1900 March 11, 1986 -�-•-� RECEIVED Contra Costa County MAR 14 1386 Board of Supervisors 651 Pine Street, Room 106 P`MPATCHE .� Martinez, California 94553 '� ,ces g '.-'Depuly Re : Claim for Apportionment of Fault - Indemnification and Declaratory Relief Dear Madame or Sir: Enclosed please find a claim for apportionment of Fault - Indemnification and Declaratory Relief related to an accident that occurred on August 27, 1984. I am enclosing a triplicate original of the claim form, and would request that the copy be filed and endorsed and forwarded to my office in the enclosed self addressed envelope. After you have reviewed this correspondence and the enclosures , if you have any questions, I look forward to hearing from you in due course. Best regards . Very truly yours, ALAAN—CEE. LEK/djm Enclosures RECEIVED CLAIM FOR APPORTIONMENT OF FAULT INDEMNIFICATION AND DECLARATORY RELIEF MAR 14 1386 TO : COUNTY OF CONTRA COSTAPM BATCHELOR FROM: FRANK D. EVANGELHO c o 6 cosr ERK B n aF su R Ri c Claim above named presents this claim to the County of Contra Costa pursuant to Government Code section 910, et seq. (1) The name and address of the claimant is : Frank D. Evangelho 415 E1 Rio Danville, CA 94526 (2) The name and address to which claimant desires notice of this claim to be sent is : Lawrence E. Kern, Esq. Law Offices of Lawrence E. Kern, Inc . 1840 Van Ness Avenue, Suite 8 San Francisco, California 94109 (3 ) The date, place and other circumstances of the occurrence or transaction which give rise to this claim are : As set forth in the attached Complaint and Cross-Complaint which is attached as Exhibits A and B. and incorporated herein by reference. Neither Complaint nor Cross-Complaint have been properly served and claimant' s attorney became aware of the Cross-Complaint on March 3, 1986. Claimant has voluntarily answered the Complaint and Cross-Complaint. (4) A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of this claim is : As set forth in Exhibits A and B, attached hereto. (5) The name or names of the public employee or employees causing the injury, damage or loss is not known to claimant at this time. (6) The amount claimed is set forth in Exhibits A and Battached hereto. Dated: March 11, 1986 LAW OFFICES OF LAWRENCE E. KERN, INC. LAWRENCE E. KERN, ESQ. Attorney for Frank D. Evangelho -i—T TOSNEY OR PARTY WITHOUT ATTORNEY AE AND ADDRESS): HONE: Fort COURT USE 014LY GARY tL. RANDALL ,A, 'Prd1ZFessiona1 Corporation (415) 682-7777 17200 Conc.ord Avenue , Suite 260 , Concord, CA 94520 - DUE: 42 1. ATTORNEY FOR(NA14): NENO MACALUSO, RUSH MACALUSO insert name of court,judicial district or branch court,it any,and post office and street address: -SUPERIOR COURT or CALIFORNIA COUNTY OF CONTRA COSTA P.O. BOX 911 Martinez , CA 94553 AUG 14 1985 PLAINTIFF: t R 0131r�.cunh C-It'-k IA NENO MACALUSO, RUSA MACALUSO ONIAA(13:.I1 41" •�iN DEFENDANT: PACIFIC GAS & ELECTRIC C011PANY , ESTATE OF B?,RBARA LUNA, C:O*DOES 1TO' 100 C6MPLAINT—Personal Injury, Property Damage, Wrongful Death CASE NUMEIEA� MOTOR VEHICLE MOTHEn (spoc/ty): PREMISES. LIABILIT'I" 5 ' =Property Damage = Wrongful Death 7 1) t =Personal Injury = Other Damages (specify): 1. This pleading, including attachments and oxhibils, consists"of the foliowing 11LIMbEt 01 pages: 2. a. Each plaintiff named above is a competent adult Except plaintiff(namo): =a corporation qua!iiiod to do business in California =an unincorporated entity(doscribo).- M a public entity(describe): =a minor M an adult for whom a guardian or conservator of the estate or a guardian ad litem has been appointed other(specify): other(spacity): Except plaintiff (namo): =a corporation qualified to do business in California =an unincorporated entity(croscribe): =a public entity(descri&16).- =a minor 17-1 an adult r7 for whom a guardian or conservator of the estate or a guardian 3d 1,!em has been appuinted F-)other(spocify): Cj other(specify): ainlifl (name): Is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. C. =Information about additional plaiglitfs who are not Competent adults is sho%,r- in Complaint— Attachment 2c. (Continued'----- Form Apnro-ea by ii— Jvorcfsl Couroce of C.". 'r Eftchve --Personal Injury, Properly Damage, j SHORT TITLE: CASE NUMBER. MACALUSO vs . PACIF,C GAS & ELECTRIC COMPANY, ct a1 . + COMPLAINT--Personal Injury, Property Damage, Wrongful Death Pape tw 3. a. Each defendant named above Is a natural person �] Except defendant(name): ®Except defendant(name): PACIFIC GAS & ELECTRIC COMPANY ESTATE OF BARBARA LUNA- [�a business organization, form unknown CD a business organization, form unknown C�a corporation C=]a corporation C� an unincorporated entity(doscribo): []an unincorporated entity(describu): a public entity(doscribe): n public ontily I'doscribo): C� other(specify): Mother(spocity): ESTATE ® Except defendant(name): M Except defendant(name): DOES ONE to FIFTY CE a business organization, form unknown Cha business organization.form unknown M a corporation =a corporation CD an unincorporated entity(describe); =an unincorporated entity(doscribo): CD a public entity(dascribo): 0 a public entity(doscribo): [� other(specify): L7 other(spocify): b. The true names and capacities of dolendants sued as Does are unknown to plaintiff. c. [] Information about additional defenoanis who are not natural persons is contained in Complaint— Attachment 3c. d. M Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): ,. M Plaintiff Is required to comply with a claims statute, and a. = plaintiff has complied with applicable clairns statutes,or b. C7 plaintiff Is excused from complying because(specify). S. This court Is the proper court because ® at least one defendant now resides in its jurisdictional area. [X� the principal place of business of a corporation or vnincorporoted association is in its jurisdictional area. CJ Injury to person or camage to personal property occurred in its jurisdictional area. [� other (specify): 6. M The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): . •• - . - ,,.. (Continued) P190 two CLK 982.11.01 E01 E,2 Roo.00 SHORY TITLE: CASE t4L;tArcnP-1 - `MACA'*L*'USO vs . "PACIrIC GTI.S & ELECTRIC COMPANY , et al . .-12 COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) pave 1!,ICQ 7. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are =listed In Complatril—Attachmentl' ®as follows: NENO MACALUSO, RUS.% MACALUSO -- parents of deceased ROBERT JOSEPH MACALUSO. Loss of love, society, comfort, support-. 8. Plaintiff has suffered wage loss CD loss of use of property hospital and medical oxpon3es Q gonoral damage property damage Q loss of earning capacity other damage(spoclfy): P. Relief sought In this Complaint is within the jurisdiction of this court, 10. PLAINTIFF PRAYS For Judgrnent for costs of sj:!. for such relief as is fair, just, and equitable. and lor C:Z compensatory dornages (Superior Court) according to proof. (Municipal and Justice Court) in tho amount of CD other (spocify).- 11. The 10110WIng CaU3eS of action are attached and the statements above apply to each: (Each complaint must lave one or more causes of action attached.) C2D Motor Vehicle Gene,of NoglIgenco Intentional Tort Products Liability C3 Promises Liability Other(specify): GARY L— RANDALL . . . . . . . .. . .I .pr. . . .. . . . . . . . . . (Type p6,; .,no) CS"inalure C1 UI a:Wrlu", Fle,so,wit Injury, Properly Damage, -leatk (Continued) CASE IiJUVOIR F'$mORT'V!TLE: V-S . PACIFIC GAS & ELECTRIC COMPANY , et al . FIRST4 CAUSE OF ACTION—Motor Vehicle Page ATTACHMENT TO ®Complaint =Cross-Complaint separate cause of action torm for each cause of actionj Plaintitl (name): - NENO MACALUSO MV-1. Plal:ntill alleges the acts of defendants were negligent, the acts were the legal (proximate) cause Of r njuries and damages to plaintiff, the acts occurred cn(daie): August 27 , 1984 at(place),- Victory highway , three-tenths of a mile East Of Willow Avenue , City of Antioch , County of Contra Costa , California . MV-2. DEFENDANTS The defendants who operated a motor vehicle are (names) BARBARA LUNA ED Does to b. M, The defendants who employed the persons wnc operated a mwof vehicle in the course of their ernp;oymeni are (names), Does 10 10 20 c. Ttiv defendants who owned the motor vehicle which was operated w:fh their permission are (names) Does 20 to 2S The dtlenclants who entrusted the motor vehicle are(names) Does 25 to 3 0 e. The defendants who were the agents and employees of the other defendants and acted within the sccpe of the agency were (names): M Does 30 to 35 The defendants who are liable 10 plainwis !or olhe., reasons and !`)e reas'nns for the flab6ity are =listed in Attachment W.1-21 =as '1o!iows* ED Does N. jWO'c.st Council of C'81,10trub E"eti-iii Jilinvory 1, 11192 Ilkwo 012 1(2) AUSE OF ACTION—Motor Vehicle PI !) to I - S-) SHORT TITLE: CASE NUMBen iMACALUSO 'vs . PACIFIC GAS b ELECTRIC COMPANY, et al . SECOND CAUSE OF ACTION--Motor Vehicle Page 5 (number) ATTACHMENT TO (]Complaint CCross-Complaint - (Ilse a separate cause of action form for each cause of action.) Plaintiff(name): RUSA MACALUSO MV-t. Plaintiff alleges the acts of detendan;s were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff: the acts occurred on(date): August 27 , 1984 at(place): Victory Highway, three-tenths of a mile East of Willow Avenue, City of Antioch, County of Contra Costa, California. MV-2. DEFENDANTS a. ® The defendants who operated a motor vehicle are(names) BARBARA LUNA Does 1 — to to 10 _ b. The delendan;s who persons who operated a motor ve:7tcte to the Course of their employmert are(names) Does_..._10 to _.-_2 D..._, c. The delondants who ownecl the motor vehicle which was operated with their permission are(namoi): S 4 Q Does___.21Q— to ._25-_. j d. [X The defendants who entrusted the motor vehicle are(names) ®Does 25 to _, Q__ a. The defendants who were the agents and employees of the other delen:ants and acted within the scope of the agency were(names): ® Does 1] to t. Q The defendants who are lta:;le to plaintiffs for oiner reasons and m to reas;ns for the liability are Q listed in Attachment MV-21 Q as lollows: Q Does to Form ADoroveo by the jvc.cw Councit of Csi.torma Enoct.•a January t. igg; F..rs 907 A17, t`l►}CC r"1C At^Ttf'1ar rr... . .... . ti.f■r f�`if SHORT.7.171T y CASE HUfAISER KNCALOSO vs. PACIFIC GAS & ELECTRIC COMPANY, et al . THIRD CAUSE OF ACTION—Premises Liability Page 6` ATTACHMENT TO-C$]Complaint 0 Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff(name): NENO MACALUSO alleges the acts of defendants were the legal(proximate) cause of damages to plaintiff. On (data). August 27 , 1985 plaintiff was injured on the following premises in the following fashion(description of premises and circumstances of injury)- Plaintiffs are the heirs of decedent Robert Joseph Macaluso who was killed while travelling eastbound on Victory Highway, three-tenths of a mile east of, Willow Avenue, City of Antioch, County of Contra Costa, California. The landowners , defendants , and Does 25 to 50 , allowed the driveway of their land to become a hazard by not clearing the heavy growth of weeds , trees , poles and foliage which obscured and obstructed the vision of decedent defendant Barbara Luna who turned left from said driveway onto Victory Highway and collided with decedent Robert Joseph Macaluso whose vision was also obscured by the weeds and foliage as he drove his motorcycle eastbound on Victory Highway. (CONTINUED ON ATTACHMENT TO COMPLAINT -- PAGE 7) Prem.L-2. (R] Count One—Negligence The defendants who negligently owned, maintained. managed and operated the described premises were(names): PACIFIC GAS & ELECTRIC COMPANY M Does 25 to _3!} Prem.L-3. Do Count Two—Willful Failure to Warn {Civil Code section 846) The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): PACIFIC GAS & ELECTRIC COtiPANY E]Does 30 to 35 , Plaintiff, a recreational user,was Man invited guest CDa paying guest. Prem.L-4. CD Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangorous condition existed were(names) j C3 Does to a. CD The defendant public entity had =actual E_1,constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. M The condition was Created by employees of the defendant public entity. Prem.L-5. a. ( Allegations about Other Defendants The delendants who were the ngonis and employees of the other defendants and acted within the scope of the agency were(names): PACIFIC GAS & ELECTRIC COMPANY ®Does 'jrz� to- 4S b. The defendants who aro liable to plaintiffs tot other reasons and the reasons for their liability are CD described In attachment Ptem.L-5.b CD as follows(names}- Form Approved by the �+ Jue.ciat Councu of Catitorrva En"`'R%M1 21(si 1482 CAUSE OF ACTION—Premises Liability cep•:s � At,S 'i:iM 1 -- R? • ATTACUMENT TO COMPLAINT Page 7 MACALUSO vs . PACIFIC GAS & ELECTRIC COMPANY, et al . THIRD CAUSE OF ACTION -- PREMISES LIABILITY Prem. L-l: contihued: The obscurement of vision caused by the landowners ' negligence' in allowing the weeds , trees, poles and foliage to accumulate and block the vision of people approaching the driveway and .- ,",, entering the highway, constituted a proximate cause of the .:: .. . death of Robert Joseph Macaluso. , a ,,}i{7AT'Yt+TLE: CASE NUMBEn IMCALUSO vs. PACIFIC GAS & ELECTRIC COMPANY , .et al . FORTH CAUSE OF ACTION---Premises Liability Page 8l (numbory - ATTACHMENT TO ®Complaint (D Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff(name): RUSA MACALUSO alleges the acts of defendants were the legal(proximate)cause of damages to plaintiff. On (date)- AUGUST 27, l985 plaintiff was injured on the following premises In the following fashion(description of premises and circumstances of injury). Plaintiffs are the heirs of - decedent Robert Joseph Macaluso who was killed while travelling eastbound on Victory Highway, three-tenths of a mile east of Willow Avenue, City of Antioch, County of Contra Costa, California. The landowners , defendants , and Does 25 to 50, allowed the driveway of their land to become a hazard by not clearing the heavy growth of weeds , trees , poles and foliage which obscrued and obstructed' the vision of decedent defendant Barbara Luna who turned left from said driveway onto Victory Highway and collided with decedent Robert Joseph Macaluso whose vision was also obscured by the weeds and foliage as he drove his motorcycle eastbound on Victory Highway. (CONTII.UED ON ATTACHMENT TO COMPLAINT -- PAGE 9) Prem.L-2. K-) Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names) PACIFIC GAS & ELECTRIC COMPANY r) l Does—2.5-- to_210— Prem-L-3. 210Prem.L-3. Count Two—Willful failure to Warn (Civil Code section 846I The detendant owners who witily:ty or maliciously failed 10 guard or warn against a dangerous condition. use. structure. or activity were (names): PACIFIC GAS & ELECTRIC COMPANY (X-1 Does - 3_o_ 10 3 5 Plaintiff, a recreational user, was Dan invited guest Ma paying guest. Prem.L-d. M Count Throe—Dangerous Condition of Public Properly The defendants who owned public property on which a dangerous condition existed were(name.,); Q Does to — a. (� The defendant public entity had [Dactuat =constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. The condition was created by employees of the defendant public entity Prem.L-5. a. rX Allegations about Other Defendants The defendants who were the agents and employees c! the other defendants and acted within the scope of the agency were (names): PACIFIC GAS & ELECTRIC COMPANY ( Does 35 - to 45 b. L] The de!endants who are liable to plaintiffs for other reasons and the reasons for their liability are described in attachment Prem-L-5.b =as follows(names): io+m Arwoveo by the Jud+cw:Council or Cet,iorn+s Etioct.re Jen'etr 1. 19e2 Ruts Ilei 1(5; CAUSE OF ACTION—Premises Llahility - nt t r .. . ATTACHMENT TO COMPLAINT .Page 9 MACAL' USO vs. PACIFIC GAS b ELLCTRIC: COMPANY , et al . FORTH CAUSE OF ACTION -- PREMISES LIABILITY Prem. L-1 continued: - The obscurement of vision caused by, the landowners ' negli-genre in allowing the weeds., trees , poles and foliage to accumulate and block the vision of people approaching the driveway and entering the highway, constituted a or.oximat.e cause of the death of Robert Joseph Macaluso. I Law Offices of h 2 LAWRENCE E. KERN A Law Corporation 3 1840 Van Riess Avenue 4 San Francisco, CA. 94109 (415) 474-1900 5 Attorney for Defendant , Frank D. Evangelho 6 7 IN THE SUPERIOR, COURT OF THE STATE OF CALIFORNIA 8 9 IN AND FOR THE COUNTY OF CONTRA CONSTA 10 11 KENO MACALUSO, et al . , 12 Plaintiffs , NO : 275 932 13 14 V. CROSS-COMPLAINT FOR 15 PACIFIC GAS AND ELECTRIC CO NTR I B UT I 0N.9 16 17 COMPANY, INC . , INDEMNIFICATION AND et al . , DECLARATOR`_' PE-L 18 IEF Defendants . 19 20 21 FRANK D. EVANGELHO, 22 Cross-Complainant, 23 V. 24 THE ESTATE OF BARBARA LUNA, MANUEL H. 25 GONSALVES, NORMA J. GONSALVES, CITY OF 26 27 ANTIOCH, COUNTY OF CONTRA COSTA, DOES ONE through ONE HUNDRED, inclusive , 28 Cross-Defendants . 29 / 30 31 Now comes the Cross-Complainant, above named, and by way of 32 33 Cross-Complaint against the Oros s=Defend ant s , and each of 34 them, allege as follows : 35 36 COM/42 FIRST CAUSE OF ACTION 2 I 3 That the true names and capacities , whether individual , 4 corporate, asssociate or otherwise, named herein as a DOE, 5 are unknown to said Cross-Complainant, who therefore sues 6 said Cross-Defendants by such fictitious names , and 7 Cross-Complainant prays leave to amend this Cross-Complaint 8 when their true names and capacities have been ascertained. 9 10 II 11 That at all. times herein mentioned each Cross-Defendant was 12 an agent, servant, employee, partner and joint venturer of 13 the other Cross-Defendants, and each of them, and that at Z 14 times herein mentioned , each Cross-Defendant was acting 15 within the course and scope of this relationship as agent, e,c vGy 16 servant, employee, partner and joint venturer of the other c K > Eo 17 Cross-Defendants , and each of them. yv^ 18 � U �z u 19 III Z3 ; C 20 Cross-Complainant hereby incorporates by reference the C;L 21 allegations of Plaintiff' s Complaint as though set forth in 3 YC 22 their entirety, but not for the purpose of admitting any of 23 the allegations of said Complaint heretofore denied by 24 Cross-Complainant. 25 26 IV 27 If the Plaintiffs sustained injuries, it was a direct result 28 of the negligence of Cross-Defendants , and each of them. 29 30 V 31 In the event the Cross-Complainant herein is held liable to 32 the Plaintiffs in the principal action, that such liability 33 arises only by reason of the active and primary negligence 34 of Cross-Defendants, and each of them, and through no fault 35 of this Cross-Complainant, whose fault , if any, is secondary 36 and passive only. 2 - VI 2 By reason of these premises , Cross-Complainant is. entitled 3 to equitable indemnification, equitable contribution and the 4 determination of declaratory relief from said 5 Cross-Defendants, and each of them. 6 7 VII 8 Cross-Complainant has incurred expenses in the form of 9 attorneys' fees, court costs and other litigation expenses 10 to defend Plaintiffs ' Complaint ; that by reason of the 11 premises, Cross-Complainant is further entitled to recover 12 from Cross-Defendants , and each of them, such reasonable 13 attorneys' fees, court costs and other litigation expenses z 14 necessarily incurred in the principal action ; that the 15 amount of said expenses is unknown at this time , and L c C 16 Cross-Complainant prays leave to amend this Cross-Complaint 17 when the same has been ascertained. L. 18 r. 7 �rt U �cZ19 VIII v vC 'v^ 3 Z 3 _� 20 Cross-Complainant has complied with the applicable ES c i 21 governmental claims statute , and has presented claims to the 3 - C 22 City of Antioch and the County of Contra Costa with its 23 claim for indemnity, apportionment of fault and declaratory 24 relief. Cross-Complainant will serve said Cross-Complaint 25 if and when said claim is denied or expires by operation of 26 law . 27 28 SECOND CAUSE OF ACTION 29 I 30 Cross-Complainant refers to paragraphs I through VIII of the 31 First Cause of Action, and incorporates them by reference as 32 though fully set forth below . 33 34 II 35The Plaintiff' s damages , if any, were caused by the 36 negligence and carelessness of the Cross-Defendants, and - 3 - 1 each of them, and as such under the rules of comparative 2 negligence, Cross-Complainant is entitled to equitable 3 indemnity and equitable contribution for the amount of 4 negligence attributable to Cross-Defendants, and each of 5 them. 6 7 WHEREFORE, Cross-Complainant prays for judgment against 8 Cross-Defendants , and each of them, as follows : 9 10 1 . That Cross-Complainant recover from 11 Cross-Defendants, and each of them, for expenses incurred in 12 the defense of this litigation, including reasonable 13 attorneys' fees ; z 14 r 15 2 . The Cross-Complainant requests the Court to GO 16 declare the rights of the parties ; that if Cross-Complainant . > 17 is liable on the Complaint of Plaintiffs , Cross-Complainant x 18 have judgment against Cross-Defendants , ar.d each of them; 19 C Z .. 3 z 3wc 20 3. That if liable on the Complaint to Plaintiffs, 1 > w.. 21 Cross-Complainant have contribution from Cross-Defendants , 3 j c 22 and each of there, in proportion to the amount of negligence 23 attributable to said Cross-Defendants, and each of them; 24 25 4. For costs of suit incurred herein; and 26 27 5 . For such other and further relief as to this 28 Court deem proper . 29 30 Dated : March 11, 1986 LAW OFFICES OF LAWRE;14CE E. KERN , INC 31 32 33 34 LAWRENCE E. KERN, ESQ. 35 ATTOR,I.EY FOR CROSS-COMPLATNANT 36 4 - PROOF OF SERVICE BY MAIL I declare that : I am employed in San Francisco County, California. I am over the age of 18 years and not a party to the within cause; my business address is 1840 Van Ness Avenue, Suite 8, San Francisco, California 94109. On March 11, 1986, I served a copy of the foregoing document by mail by placing the same in an envelope, sealing, fully preparing postage thereon, and depositing said envelope in the U.S. Mail at San Francisco, California, said envelope was addressed as follows : Mailed to: Gary L. Randall , Esq. 1200 Concord Avenue, Suite 260 Concord , California 9"520 Mari C . Snyder, Esq. Pacific Gas & Electric Company 77 Beale Street P. 0. Box 7442 San Francisco, CA 94120 Documents mailed: CROSS-COMPLAINT FOR CONTRIBUTION , INDEMNIFICATION AND DECLARATORY RELIEF I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed March 1� 1986, at San Francisco, California. Signed : �Y-MEYNARD DOMINIQb JE FRO r. CLAIM FOR APPORTIONMENT OF FAULT INDEMNIFICATION AND DECLARATORY RELIEF TO : COUNTY OF CONTRA COSTA FROM: FRANK D. EVANGELHO Claim above named presents this claim to the County of Contra Costa pursuant to Government Code section 910, et seq. (1 ) The name and address of the claimant is : Frank D. Evangelho 415 El Rio Danville, CA 94526 ( 2) The name and address to which claimant desires notice of this claim to be sent is : Lawrence E. Kern, Esq. Law Offices of Lawrence E. Kern, Inc . 1840 Van Ness Avenue, Suite 8 San Francisco, California 94109 (3 ) The date, place and other circumstances of the occurrence or transaction which give rise to this claim are : As set forth in the attached Complaint and Cross-Complaint which is attached as Exhibits A and B, and incorporated herein by reference. Neither Complaint nor Cross-Complaint have been properly served and claimant' s attorney became aware of the Cross-Complaint on March 3, 1986. '_11aimant has voluntarily answered the Complaint and Cross-Complaint. (4 ) A general description of the indebtedness, obligation, injury, damage or loss incurred so far as It may be known at the time of this claim is : As set forth in Exhibits A and B, attached hereto. (5 ) The name or names of the public employee or employees causing the injury, damage or loss is not known to claimant at this time. (6) The amount . claimed is set forth in Exhibits A and Battached hereto. Dated:_ March I!P 1986 LAW OFFICES OF LAWRENCE E. KERN., INC. LAWRENCE E. KERN,? ESQ. Attorney for Frank D. Evangelho Nip- JW V r PARTY W17H0X- ATTORNEY AE AND ADDRESS): — 2-41k HONE: FOR COURT USE Ot._Y GARY L. RANDALL R- Professiorial Corporation (415) 682-7777 -ord Avenue , Suite 260 1200 Conc DUE; 3 ) R Concord, CA 94520 t L-11ated! Compuped ATTORNEY FOR(NAME): NENO MACALUSO, RUSH MACALUSO Insen name of court.judicial district or branch court.it any.and post office and street address: -SUPERIOR COURT OF CALIFORNIA COUNTY OF CONTRA COSTA P.O. Box 911 Martinez , CA 94553 AUG 14 1985 PLAINTIFF. c :nil Ciro NENO MACALU80, RUSA MACALUSO DEFENDANT; PACIFIC GAS & ELECTRIC COMPANY , ESTATE OF B.T,RBAR.7� LUNA, EiDOES IITO100 CASE NUMBER: COMPLAINT—Personal Injury, Property Damage, Wrongful Death MOTOR VEHICLE MOTHER (spoclW: Pp�ZMTSEQ LIA _Iy [Properly Damage Wrongful Death (Personal Injury Q Other Damages(specify): 1. This pleading, lrlr.'!,jd!,)g attachments and oxhibils. consists of ilie foliovoing 1,L1Mt)C1 Of pagess, _9 2. a. Eoch plaintiff named above Is a compolont adult CD Except plalintift(namo): =a corporation quo!ifiod to do busin"s in Cntifornia =or, unincorporated entity(cioscribo): =a public entity(describe): • =a minor =an adult M for whom a guardian or conservator of the estate or a guardian ad lilem has been appointed C7 other(specify): 0 other(specify): Except plaintiff(nano): a corporation qualified to do business in California =an unincorporated entity(describe): r--)a public entity(describe): =a minor =an adult r7 for whom a guardian or conservator of the estate or a guardian ad litern has been appointeJ M other(spocify): other (specify),' tittylAip f,7 • b --I Plaintift(name): Is doing business under the fictitious name of(spot!!/): and his comp!iod wilt, ttie fictitious business name laws. Information' about additional plaigtitfs who are not competent adults is shown in Complaint— AltaChment2c. Continued�_____ Fom Aproto-oij by th.. jWOVC461 Coumce 01 cx Personal Injury, Properly Damage, ,SHORT TITLE: CASF.NUMBER, MACALUSO vs . PACIFIC GAS & ELECTRIC COMPi,NY , Ct al . COMPLAINT—Personal Injury, Property Damage, Wrongful Deatfi Paget t. 3. a. Each defendant named above is a natural person Except defendant(name): FT Except defendant(name): PACIFIC GAS & ELECTRIC COMPANY ESTATE OF BARBARA LUNA a business organization, form unknown a business organization, form unknown Q a corporation F-1 a corporation F-1 an unincorporated entity(doscribo): ED an unincorporalud entity(clescribu): a public entity(doscribe): f---ja public entity(Uo5cribo): other(specify): other(spocity): ESTATE Except defendant(name): Except defendant(nama).- DOES ONE to FIFTY Cy a business organization, form unknown (=a business organization, form unknown a tiorporation a corporation an unincorporated entity(describo): d an unincorporated entity(doscribo): a public entity(oascribo): 8 PUbliC onlity(describe): other(specify): other(spo�-ify): b. The true names and capacities of defendants sued ns Does are unknown to plaintiff. c. = Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. r7 Defendants who are joined pursuant to Code of Civil Procedure !iecllorl 382 are (names): 4. = Plaintiff is required to comply with a claims stattilo, and a. plaintiff has complied with applicable claims slatutes• or b. plaintiff is excused from complying because(specify), S. This court Is the proper court because Qi at least one defendant now resides in its jurisdictional area. the principal place of business of a corporation or unincni,porritod association is In its jurisdictional area. injury to person or damage to personal property occurred in its jurisdictional area. other (specify): 6. Q The following paragraphs of this complaint are alleged on information and belief(.-;)ecity paragraph numbers): (Continued) P330 two CLK 9132-11.01 E01 02 R03-00 SHORT*TiTLE: CASE NLAArl[n ,f t I" '(1.-12 3 CALUSO vs . PACIFIC GAS & ELECTRIC COMP�fNY , ot Z-11 . COMPLAINT—Personal Injury, Properly Damage, Wrongful Death (Continued) Page ruco 7. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are =IisiddinComplatnt—Attachment7 ®as follows: NENO MACALUSO, RUSA FIACALUSO -- parents of deceased ROBERT JOSEPH MACALUSO. Loss of love , society , comfort, support-. 8. Plaintiff has suffered wage loss loss of use of properly hospital and medical oxpon3es Q genoral damage CD properly damage Q loss of earning capacity other damage(3peclfy): 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit-. for such relief as is fair, just, and equitable-. and for compensatory damages (Superior Court) according to proof. (Municipal and Justice Court) in tho amount of other(specify).- 11. The following causes of action are attached and the statements above apply to each: (Each complaint must t:ave one or more causes of action attached.) CM Motor Vehicle =General Nogttgencc CD intentional Tort CD Products Liability r—A Promises Liability C7 Other(specify): GARY L. RANDALL fy rfa 'iTy*P*'W'pff"'1 .fne) {S.,Ina ute of r,:a,n1'-ff Of StirMUY} Fleracoal Injury, Properly Damage, AV%*111r,if(I I('-f 7.:%!) V.,r ')ealh (Continued) smon7_,TTLE: CASE NUVOIn I- 1-!AC;,.LU_S0 vs .' P,'%CIrIC GAS & ELECTRIC COMP7,Ny , et al . FIRST4 CAUSE OF ACTION—Motor Vehicle Page (nwm0*,) ATTACHMENTC . TO M' omplaint C:)Cross.'Co:mplaint (use a separate cause of action form lot each cause of action.) Plaintitl (name): NENO MACALUSO MV-1. Plaintitt a!lcges the acts of defendants were negligent. the acts were the legal (proximate) m.-se of (niuries and damages to plaintiff, tile acts occurred, on(date): August 27 , 1984 ai (placo)- Victory Highway , three-tenths of a mile East of Willow Avenue , City of Antioch , County of Contra Costa , California. MV-2. DEFENDANTS The defendants who operated a motor vehicle are (names) BARBARA LUNA Does to —10- Tne clelenoarlis who employed tile persons who operate; a motor vehicle in the course of their empic-,meni are (rizrnes)* Does 10 10 20 c. Tile defendants who owned the motor vehicle wht,,h was oopvated with their permission are (names) Does 20 to 25 d. The defendants who entrusted the motor vehicle are (names) Does 25 10 30 e. The defendants who were the agents and employees or the other defendants and acted w,':ron the scc;:e of the agency were (narnes). Does 30 10 35 The defendants who are liable to plamliffs for other real;ns and 1` e reasons for the hab:i1ty a,e =fisted ir, Attachment MV-21 =as floliows: CD Does 101M APP!C.00 toy th* jWC,C.01 Covftca or Crit�lr.,fvl EMICI-I janvity 11. 1112 AW14 012 112) ''RUSE OF ACTION—Motor Vehicle CIP 4;.� Pl.? .1114 I- E2 �SH.ORT TITLE: CASE NUMBEn fKACALUS0 Vs . PACIFIC GAS & ELECTRIC COMPANY, et al . 5 .10' SECOND CAUSE OF ACTION—Motor Vehicle Page {number) ATTACHMENT TO ®Complaint =Cross-Complaint (use a separate cause of action form for each cause of action.) Plaintiff(name): RUSA MACALUSO MV-t. Plaintiff alleges the acts of defendants were negligent-, the acts were the legal (proximate) cause of injuries and damages to ptaintill: the acts occurred on (da(e): August 27 , 1984 al(place): Victory Highway, three-tenths of a mile East of Willowl Avenue, City of Antioch , County of Contra Costa, California. MV-2. DEFENDANTS The defendants who operated a motor vehicle are (names) EAIRBARA LUNA 'Z* Does 1 — to b. The deiendin:s who emplcyeC the persons who operated a motor WiCle in the course of their ernP1oynr, ent are (rizirnes) C7. Does Ic c. The deloncanis who ov.)e(j the motor vehicle which was operated with their permission are(names): Does —2-G— to .___2` cf. The defendants who entrusted the motor vehicle are(names) Does 75 to 3_Q_ e. Mi The defendants who were the agents and employees 6! the other defendants and acted within the scope of the agency were (names). Does -10 10 -35 f. The defer.clai.ls who zi.,e ljaL)fe o plaintiffs for otner reasons and Inc: reasons for the liability are =listed in Attachment MV-21 =as follows: Does to Form ApprovsZ'by IN$ JWC'C•af councJ 01 CC.!:11nis Enco-9 Jonjaly 1, '6S2 rfoicc nC AfrTr%%' P..;#roft7 "7' SHORT.T17Lk. CASE NUMtrEA MACALUSO vs . ,PACIFIC GAS & ELECTRIC COMP NY , et al . TI'IRD CAUSE OF ACTION—Premises Liability Page 6 (number) ATTACHMENT TO ® Complaint Q Cross-Complaint (Use a separate cause of action, form for each cause of action.) Prem.L-t. Plaintiff(name): KENO MACALUSO - alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): August 27 , 1985 plaintiff was injured on the following premises in (he following fashion (description of promises and circumstances of injury): Plaintiffs are the heirs of decedent Robert Joseph Macaluso who was killed while travelling- eastbound on Victory Highway, three-tenths of a mile east of, Willow Avenue , City of Antioch, County of Contra Costa, California. ' : The landowners , defendants , and Does 25 to 50 , allowed the driveway of their land to become a hazard by not clearing the heavy growth of weeds, trees , poles and foliage which obscured and obstructed the vision of decedent defendant Barbara Luna who turned left frbm said driveway onto Victory Highway and collided with decedent Robert Joseph Macaluso whose vision was also obscured by the weeds and foliage as he drove his motorcycle eastbound on Victory Highway. (CONTINUED ON ATTACHMENT TO COMPLAINT -- PAGE 7) Prem.L-2. Count Ons—Negligence The defendants who negligently owned, maintained. manageC and operated the described premises were(names): -,� PACIFIC GAS & ELECTRIC COMPANY ,R-? Does --2-9-- to _30 Prem.L-3. Count Two—Willful Failure to Warn (Civil Code section 846) The defendant owners who wit lull)' or maliciously failed to guard or warn against a dangerous condition, use, structure, or act,vity v:ere (names): PACIFIC GAS & ELECTRIC COMPANY Does 30 to 35 Plaintiff, a recreational user, was Qan invited guest =a paying guest. Prem.L-4. Q Count Three—Dangerous Condition of Public Properly The defendants who owned public property on which a dangerous condition existed were(namos) Q Does __.___ to_ a. Cj The defendant public entity had =actual 'J'constructive notice of the existenze of the dangerous condition in sufficient time prior to the injury to have correcteci it b. Q The condition was created by employees of the defendant public entity. Prem.L-S. a. Allegations about Othor Dolendants The delendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Pr,CIF IC GAS & ELEC;nIC COMP!- NY ® Does 1 S to 4 5 b. (Q The defendants who aro liable to plaintiffs for other reasons and the reasons for their liabi;icy ;,rc Q described in attachment Prem.L-5.b 0 as follows(namos)- form Appro,so by It-.a Jud.c.61 counul or cai.+olme Erl"ri+�,:iva,ysi �W CAUSE OF ACTION—Premises Liability CCF 42s •,2 ATTACHMENT TO COMPLAINT Page 7 MACA10SO vs . PACIFIC GAS & ELECTRIC COMPANY, et al . THIRD CAUSE OF ACTION -- PREMISES LIABILITY Prem. L-1- continued : The obscurement of vision caused by the landowners ' negligence in allowing the woods , trees , poles and foliage to accumulate and block the vision of people approaching the driveway and entering the highway, constituted a proximate cause of the death of Robert Joseph Macaluso . CASE NiMBEn H.ORT TITLE: MACALUSO VS'. PACIFIC GAS b ELECTRIC COMPANY , et al . FORTH CAUSE OF ACTION—Premises Liability Page 8f (numbof) ATTACHMENT TO- CE Complaint EDCross-Complaint (Use a separate cause or action form for each cause of action.) Prem.L-1. Plaintiff(name): RUSA MACALUSO alleges the acts of defendants wore the legal(proximate) cause of damages to Plaintiff. On (date): AUGUST 27 , 1985 Plaintiff was injured on the following premises In the following fashiO4(description of promises and circumstances of injury): Plaintiffs are the heirs Of decedent Robert Joseph Macaluso who was killed while travelling eastbound on Victory Highway, three-tenths of a mile east of Willow Avenue, City of Antioch, County of Contra Costa , California. The landowners , defendants, and Does 25 to 50 , allowed the driveway of their land to become a hazard by not clearing the heavy� 4rcwth of weeds , trees , poles and foliage which obscrued and obstructed the vision of decedent defendant Barbara Luna who turned left from said driveway onto Victory Highway and collided with decedent Robert Joseph Macaluso whose vision was also obscured by the weeds and foliage as he drove his motorcycle eastbound or, Vict-cry Highway . (CONTIN13ED ON ATT"kCHIMEENT TO COMPLAINT -- PAGE 9) Prern,L-2. P,7 Count One-Negligence The defendants who negligently owned, maintained. managed and operated the described pteintses were (names) PACIFIC C.',%S & ELECTRIC COMPANY .3 Does to - 3-0-- Prem.L.3. PM Count Two-Willful Failure to Warn [Civil Code section 846) The defendant owners who willfully or majicjovsiy lafled 10 guard or warn against a dangerous concition, use. structure. or activity were (names): PACIFIC GAS & ELECTRIC COMPANY IX-111 Does 0 to 35 Plaintiff. arecreational user, was r7an invited guest =a paying guest. Prem.L-4. M Count Three-Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(namos): Does____ to a. The defendant public entity had =actual =constructive notice of ir.e existence of the dangerous condition in suffiCieril time prior to the injury to have corrected it, b. The condition was created by employees of the defendant public entity Prem,L-5. a, �] Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted w!lhin it-..e sco;.c: of the agency were (names): PACIFIC GAS & ELECTRIC COMPANY M Does 35 to 45 b F-1 The de!endaniss wl�o are liable to piaintit's for other reasons and the reasons for their liability are CD described in attachment Prem.L-5.b [was follows (names): Form A;pto.ta by It,# Judlc-&!count.)r'J CO!'lo'n'a Etl*CIZ J&Avopr 1. JVC2 ' - u's CAUSE OF ACTION—Premises Llabih!v - '-- ATTACHMENT TO COMPLAINT Page 9 MACALUSO vs . PACIFIC GAS S ELL•;CTRIC COMPANY , et al . FORTH=-CAUSE OF ACTION -- PREMISES LIABILITY Prem. L-1 continued : The obscurement of vision caused by the landowners ' negli-pence in allowing the weeds , trees , poles and foliage to accumulate and block the vision of people approaching the driveway and entering the highway , constituted a nr.oximate cause of the death of Robert Joseph Macaluso . I Law Offices of 2 LAWRENCE E. KERN 3 A Law Corporation 1840 Van Ness Avenue San Francisco, CA. 94109 4 (415) 474-1900 5 Attorney for Defendant, Frank D. Evangelho 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 9 IN AND FOR THE COUNTY OF CONTRA CONSTA 10 11 NENO MACALUSO, et al. , 12 Plaintiffs, NO: 275 932 13 14 V. CROSS—COMPLAINT FOR 15 PACIFIC GAS AND ELECTRIC CONTRIBUTION, 16 COMPANY, INC . , INDEMNIFICATION AND 17 et al . , DECLARATOP.Y REL i8 IEF Defendants . 19 20 21 FRANK D. EVANGELHO, 22 Cross-Com;:lainant, 23 V. 24 THE ESTATE OF BARBARA LUNA, MANUEL H. 25 26 GONSALVES, NORMA J. GONSALVES, CITY OF 27 ANTIOCH, COUNTY OF CONTRA COSTA, DOES 28 ONE through ONE HUNDRED, inclusive , Cross-Defendants . 29 30 31 Now comes the Cross-Complainant, above named, and by way of 32 Cross-Complaint against the Cross-Defendants , and each of 33 34 them, allege as follows : 35 36 OM/42 �1�. t FIRST CAUSE OF ACTION 2 I 3 That the true names and capacities , whether individual , 4 corporate, asssociate or otherwise, named herein as a DOE, 5 are unknown to said Cross-Complainant, who therefore sues 6 said Cross-Defendants by such fictitious names , and 7 Cross-Complainant prays leave to amend this Cross-Complaint 8 when their true names and capacities have been ascertained. 9 10 II 11 That at all times herein mentioned each Cross-Defendant was 12 an agent, servant, employee, partner and joint venturer of 13 the other Cross-Defendants, and each of them, and that at z 14 times herein mentioned , each Cross-Defendant was acting Z Q: 15 within the course and scope of this relationship as agent, t6 ^ c- servant , employee, partner and joint venturer of the other c >,�° 17 Cross-Defendants , and each of them., F++ C w � " 19 oU � z � III w � �� 20 3cc� Cross-Complainant hereby incorporates by reference the > x < c' " 21 allegations of Plaintiff' s Complaint as though set forth in 22 their entirety, but not for the purpose of admitting any of 23 the allegations of said Complaint heretofore denied by 24 Cross-Complainant. 25 26 IV 27 If the Plaintiffs sustained injuries , it was a direct result 28 of the negligence of Cross-Defendants , and each of them. 29 30 V 31 In the event the Cross-Complainant herein is held liable to 32 the Plaintiffs in the principal action, that such liability 33 arises only by reason of the active and primary negligence 34 of Cross-Defendants, and each of them, and through no fault 35 of this Cross-Complainant, whose fault , if any, is secondary 36 and passive only. 2 - I VI 2 By reason of these premises, Cross-Complainant is entitled 3 to equitable indemnification, equitable contribution and the 4 determination of declaratory relief from said 5 Cross-Defendants, and each of them. 6 7 VII 8 Cross-Complainant has incurred expenses in the form of 9 attorneys' fees, court costs and other litigation expenses 10 to defend Plaintiffs ' Complaint ; that by reason of the 11 premises, Cross-Complainant is further entitled to recover 12 from Cross-Defendants , and each of them, such reasonable 13 attorneys' fees, court costs and other litigation expenses Z 14 necessarily incurred in the principal action; that the 15 amount of said expenses is unknown at this time , and 16 Cross-Complainant prays leave to amend this Cross-Complaint `c >� 17 when the same has been ascertained. - i < � 1 0UvZx� 19 VIII 3Z3c 20 Cross-Complainant has complied with the applicable ' o;`_� 21 governmental claims statute, and has presented claims to the 3 22 City of Antioch and the County of Contra Costa with its 23 claim for indemnity, apportionment of fault and declaratory 24 relief. Cross-Complainant will serve said Cross-Complaint 25 if and when said claim is denied or expires by operation of 26 law . 27 28 SECOND CAUSE OF ACTION 29 I 30 Cross-Complainant refers to paragraphs I through VIII of the 31 First Cause of Action, and incorporates them by reference as 32 though fully set forth below . 33 34 11 35 The Plaintiff' s damages , if any, were caused by the 36 negligence and carelessness of the Cross-Defendants, and — 3 — op I each of them, and as such under the rules of comparative 2 negligence, Cross-Complainant is entitled to equitable 3 indemnity and equitable contribution for the amount of 4 negligence attributable to Cross-Defendants, and each of 5 them. 6 7 WHEREFORE, Cross-Complainant prays for judgment against 8 Cross-Defendants, and each of them, as follows : 9 10 1 . That Cross-Complainant recover from 1t Cross-Defendants , and each of them, for expenses incurred in 12 the defense of this litigation, including reasonable 13 attorneys' fees ; z 14 0 15 2 . The Cross-Complainant requests the Court to ^o w G - 16 declare the rights of the parties ; that if Cross-Complainant o E 17 is liable on the Complaint of Plaintiffs , Cross-Complainant c% c7"^; 18 have judgment- against Cross-Defendants , and each of them; U •n a T U �Z 3 Z cc-- 3 x Gr 20 3. That if liable on the Complaint to Plaintiffs, o w" 21 Cross-Complainant have contribution from Cross-Defendants , c 22 and each of them, in proportion to the amount of negligence 23 attributable to said Cross-Defendants , and each of them; 24 25 4 . For costs of suit incurred herein; and 26 27 5 . For such other and further relief as to this 28 Court deem proper . 29 30 Dated : March 11, 1986 LAW OFFICES OF LAWRENCE E. KERN, INC 31 32 33 34 LAWRENCE E. KERN , ESQ. 35 ATTORNEY FOR CROSS-COMPLAIN ANT 36 4 - PROOF OF SERVICE BY MAIL I declare that : I am employed in San Francisco County, California. I am over the age of 18 years and not a party to the within cause; my business address is 1840 Van Ness Avenue, Suite 8, San Francisco, California 94109. On March 11, 1986, I served a copy of the foregoing document by mail by placing the same in an envelope, sealing, fully preparing postage thereon, and depositing said envelope in the U.S. Mail at San Francisco, California, said envelope was addressed as follows : Mailed to: Gary L. Randall , Esq. 1200 Concord Avenue, Suite 260 Concord, California 94520 Mari C. Snyder, Esq. Pacific Gas & Electric Company 77 Beale Street P. 0 . Box 7442 San Francisco, CA 94120 Documents mailed : CROSS-COMPLAINT FOR CONTRIBUTION, INDEMNIFICATION AND DECLARATORY RELIEF I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed March 1986, at San Francisco, California. Signed DOMINIQfE JEF 0' -MEYNARD - AA";E�ZDED C MM BOARD VI90RS OF CMM ODSTA 00[?iM 2 CAL11MI PIA WARD ACTION Claim Against the County, or District ) NOTICE TO MawApril 15 , 19$6 governed by the Board of Supervisom ) The copy of-this--document led to you Is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) hoard of Supervisors (Paragraph IV, bele), to California Government Codes ) givenpursuant to Government Code Section 913 and 91514• Flease note all "Warnings". Claimant: Frank 4D. Evangelho Attorney: John-A. Noda MAFA 111986 Lawrence E. Kern Law offices Address: 1840 Van Ness Ave. ,Ste.8 �neRttl�Z, GA .901 San Francisco , CA 94109 Transmittal Amount: Unspecified By delivery to clerk on march 2$ , 1986 Date Received: March 28 , 1986 By mail, postmarked on FROM: Clerk of the Hoard of Supervisors + TO: County Counsel Attached is a copy of the above-noted elaiml Dated: March 31, _19 8 6 PHIL BATCHELOR, Clerk, By Deputy Carhy Kiiowies II. FROM: County Counsel TO: Clerk o the Boar oP Supervisors (Check only one) 0 This claim complies substantially with Sections 910 and 918.2. ( ) 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: I Dated: Bt's putt' County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely With notice claimant (Section 911.3). II IV. HOARD ORDER By unanimous vote of Su�ervisors present (Q This claim4s rejected in full. ( ) Other: I I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: a P a 15 W5 PHIL BATCHELOR. Clerk, By , Deputy Clerk WAMM (Gov. Code ion 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the 1 to file a court action an 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 �hould do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. Welnotified the claimant of the 'Hoard'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 inlaccordanoe With Section 29703• { ) A warning of claimant's right to apply for save to present a late claim was mailed to claimant. DATED:, APR 1 5 1486 PHIL BATCHELOR, Clerk, Deputy Clerk ce: County Administrator (2) County Counsel (1) V3 �- Law offices or LAWRENCE E. KERN A Law Corporation Lawrence E. Kern 1840 Van Ness Avenue John A. Noda Suite Number Eight Joseph M. Devine San Francisco, CA 94109 Telephone (415) 474-1900 March 26, 1986 Victor J. Westman, Esq. COU11ty cnujFl Zej County Counsel Contra Costa County MAR 2 1986 County Administration Building Martinez, CA 94553 P.O. Box 69 Martinez , California 94553 Dear Mr. Westman: We are in receipt of your notice of insufficiency of claim with a proof of service date of March 25, 1986 . Pursuant to your request for further detailed circumstances of the occurrance which gave rise to the clIim asserted , please find enclosed a copy the Highway Patrol' s Mffic collision report number A-22268 dated August 27 , 1984. The subject Highway Patrol report consists of 20 pages and sets forth the circumstances and location of the subject motorcycle/automobile occurrance in great detail . The answer to the unverified complaint in the matter of Luna, et al . v. Pacific Gas and Electric Company, Inc . , et al . , Contra Costa Superior Court number 2.76 289 was answered by the claimant, Frank D. Evangelho on March 13 , 1986 . f have enclosed a copy of the file-endorsed face sheet of Mr. EvIangelho' s answer to said complaint . After you have reviewed this correspondence , if you have any questions, I look forward to hearing from you in due course . Best regards . Je y ruly urs, A. NODA JAN/mam/N72 Enclosure RECEIVED MAR C`440i99b PHIL SATCHELOn �LERKR FSUPER SORS COSTA COg1/ Puty ) ulw Offices of ii ~ L I i + 2 LANVIAENCE E. KERN a A U w Corporin io n sAkn Frtivicisc(). CA. 04109 4 (415) 474-11100 L... -. 5 Attorney for Defendant , Frank D. Evangelho 7 e IN THE SUPERIOR COUNT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 TERESA MARIE LUNA, a minor, 11 by and through her. Guardian ad 12 Litem, JOSE ISABEL LUNA , JR .., a 13 minor , by and through his Guardian 14 ad Litem, and JOSE ISABEL LUNA, SR. , 15 Plaintiffs , NO : 276 289 16 V . 17 PACIFIC GAS & ELECTRIC COMPANY, ANSWER TO 18 INC . , a California corporation , UNVERIFIED COMPLAINT 19 ESTATE OF ROBERT JOSEPH MACALUSO , 20 MANUEL H. GONSALVES, , NORMA J. 21 GONSALVES , MARY EVANGELHO, et al . , 22 Defendants. 23 24 COMES NOW, the defendant , FRANK D. EVANGELHO 25 individually and forhimself alone and no other Defendant in 26 answer to the Plaintiffs ' Unverified Complaint , admits , 27 denies and alleges as follows : 28 29 1 . Under the, provisions of Section 431 . 30. of the 30 Civil Code of Procedure of the State of California, this 31 answering Defendant denies each and every, all and singular, 32 generally and specifically , all the allegations of the 33 Plaintiff' s Complaint , and the whole thereof, arid further 34 denies that the Plaintiff' r+as' damaged in any surn or sums, or 35 at all , as alleged therein. 36 TRAFFIC COLLISION REPORT 1 e- .MC..►ce..".Oks e,.w.u.ee r • ■ CITT ,Ue1tuL olsT■.cT nvreaw •eLor. 2 Fatalities 1 O Antioch Delta Municipal w0.-1LLee w e w COUNTY ae•O■TON* olarw.cf ba.f 1 Injury r -22268 p Contra Costa 2 . ccw re. bAT Tt, flre (W.1 .CIC Nurne■ O//.tile I.O. coL : V►._iuo_ctoeryw■ae Higehway 8 27 8 2050 0701 #33 I"LI■T,••T• o•ro. &wwv •rave "aver&• naLAreD t .-.. ®Ta9 O w0 Oras ®wo V •oaf � ba".4.8005T J ^.T Ir TawaO Cf.b1.O."al 1r Of Oaw•.». EX._ 3/10 .a.T,r. .. Mile East.. Willow Avenue PARTY "..s 17' -rlDe\O.LAST) Ow..aw's ware ..ra AG DO.Vaa Barbara Elaine Luna D.rr on .Y•SeT weoaee. cora ," o.■ o.re n'S•ooae.. are'AS owwa _ XX 739 W. Alameda (209) 823-3464 ►e Das- C.T+/0f.T4/21• evs..ass ►wows 0.90Os.r/00 W war, ow Duos*$O• ..I.r Manteca, CA _ - Towed by AA 00 o•/.cew ❑owwa ❑errs. ••e•ao ewwew's L.CS.6a-.aft Grove e.wT"o.Tt aaw ImAce O.aatne.0. D.IAC■Oas (s+aseT Ow wlgwr.T) a•ae0 L.-.v E0451562 CA r9; 4T ;51 F W South Across Victory Hwy 45 mph 101C.- am.Ta(sl MASS 1911000CLISIlCOLON(6) LIC[.sa"0.1.) ef•Te(G) C/.►USE we"'C OAMASS-etTa"T/LOCATION C ,IT CA OrIT 1971 Dodge Coronet Wagon 357 CWD .».t,e f. O 10~01 O rDbe..,e ®r..Dw O TOTAL .Tre. ' • .. .. _ Gold DR Door / Interior front seat PARTY ..re (/.w sT,r.oaLa•usT) o.wga'S rwr■ sw re At owwa■ = Robert Joseph Macaluso O■wp sTIeOT AODH ss wore /.o"a Orwaa's A000ass sera N Delve■ XX Rt. 02, Box 219 757-3302 MDI.• CI TT(.TA T./61► aVl.nas. ►.O"■ o.s•Ps.T.Ow DO re". O"Doom■6 O/ Q:9 Brentwood, CA Towed by AA ®....Co. O...... 001-0. •••wee eowa■'s License wwreaw STAYS a.•T"c•Ta stn wwca o.■n cT.ON DO o.Lacwoss (Brasov ow".o"wwr ( ) s•aaO L.r.T w.". C1112722 CA 11 ; 10: T63 M W West Victory Highway 45 mph S.cT- we",Te(s) rAae(GJJreoa,(sJJCOLea(GJ License .0.161 9-6(91 C»•USE we".CLe 0•Noaa-a•Tg.T/LOC.T.O. •LIST ONLY 1976 Harley Sportster MC 3P8596 CA US. .CLe f. O r.new ❑rODaeATa ® O TOTAL Black Front end PARTY earl(/In GT,r.eb\a.Latif) Outage's"&r■ sera A.D■.uta• O■.Ta• STaOaT&bongos .-- »Ora .**.a Or.a.'s AOOOe Ie ..uta wS Daiwa. •a...• CT/.T.falt.• aue.wt••/"Owe 0.0•O s." yyy p'Opp ■o ` �-r 1\`\t o•/ [M- Delve. ❑OT"!. •..a.O oelran'G License.Ur ase GTA+f a10+«DATA tilt y� .weL e• y,l-V 1.+• ■ w.a"w.TJ .•!t0 L1»11 ver. .. _ .. . . •o. o.T +w. 1 7. -(L"J-� �J I`�/� .I rut o.cT- rs..T■(s) rA■t 1.)1"000 L(*)/COLO•(o) LiC[.sa .o.(sl ar. It»r Use an - o.r.aa-Otrb.T/LOC.T.O" a,..v OIU �r� cL• ••• eOe..sa O r..0• O TOTAL PARTY ".rl (/.■.T,r.oOLe.L•tT) Ow.e 'r' � �!J s t A...,We. RECEIVED "one /»Ont o s •.---LJ 6•rs •6 o•.vtw /l OeY CITT/6AU • ows."e66 —0.41 O.o•Os...O"OI 0.OS.6 O• Yar. O" ❑O•.,c.. L,e.,re. .A.. `•...1�'.Lila ...y...aw FOLDER .f..a s'■ O... D..ecT.e.e. LL t .0 ■Ace o...c•os6 (.•aasT o•«.c".A•) s•eao LI-.T we • ...... NO. o.T ww. floc!• 4-1 ACK nlc+• t.. T■1.1 .us • IrooaL (6J L.ca.se "0.161 .T.Ta(sl Cr► Use re..CIS o.r.ce-a.Ye"T/Loc.T.o« gl.6r ONLf Ot..a• T. O--"On Oroo...Ys r•Io. U❑ r7 0-0. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TOT. CHP sss-Pegs 1 IR v eel► DPI 0:7 - — — - -- 2 ?.To aP tiLttt{OM 1{Na Ir•iit .Cit...iawado, OIr{tfi♦.0. 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See Sketch Page 015 16 17 18 PHYSICAL DESCRIPTION Of PARTY wVrNw r.rt f.ft �N,i«• NatawT raf ra.f w'a.Ara ..o.wvwwu wo. a.. TN, wa rr•.2.'►r.r• ` o. G. Conklin 3 3 8 28 84 ti J '�J}Yy(+'�J]� •j/y [/�{/yj CHP 555—Page 2 1Rer 8 811 OP 0•+2 �.1.' Stell iNJUREb/w ITN ESSESIPASSENGERS' _ .&ON 3 al*v. or COLLIa.ow . ♦.ra (uM� ■C.0 wVrfa■ O./lCaa ..0. 1"" refw fte.- 8 ..1 27 ... 84 2050 0701 #33 A-22268 a►17wt/O •e//t«OtN tXTtNT Of INJURY (Check One) INJURtO WAS (check one) • &Ot /ta AOTT 6NL7 ONLY .TAL 1.'U■, saweas wOVwO OTMa■ Yla.*La Cer►La.wT Daiwa" /ass. .s o. .C•cL.aT OTra. MUrat� elaI o.♦aa raresa .NlVwlaa 01 rain D O 32 F ® D 1 arra T.■aw TO ..PU.0 *.L•( Barbara Elaine Luna Delta Memorial Hospital &DO.as/ Ta La•«owe 739h W. Alameda, Manteca, CA (209) 823-3464 20 - M ® ❑ ❑ ❑ 1 ❑ 2 w&r■ Ta NN.TO (..Naso D.Lv Robert Joseph Macaluso Delta Memorial Hospital ADD■ass TeLe..o«a Rt. #2 Box 219 Brentwood CA 757-3302 D ® 45 M ❑ D ❑ D 1 Q I ❑ ❑ ❑ 2 ft&rs T.■/w TO (.N/V.GD O«LT( Jose Isabel Luna DOB: 7-8-39 Delta Memorial Hospital a*o■ess •aLa/«ON■ Rt. #1 , Box 122, Oakley, CA 625-3938 D D ❑ D ❑ ❑ ❑ ❑ 1 ❑ ❑ 1 ❑ waft• T.Ntw TO (.w/VASO OwLT( •ee■us Ta LI...Owa ❑ D ❑ ❑ ❑ ❑ ❑ 1 ❑ ID I ❑ I ❑ wafts • T.NaN TO(INIUS*C OftlVj &OOfasO Vale.-* ❑ ❑ ❑ ❑ 1 ❑ ❑ ❑ 1 ❑ ❑ news T.wa«TO(IMIVwfD DHL.( &*ease• TaLf..Owa _ 0 D I ❑ ❑ 1 ❑ 1 ❑ ❑ vara Ta-e«To (.N1Vws0 ONLv' ADDeasa TaLSI.O.S ❑ ❑ ❑ I ❑ ❑ ❑ D 1 ❑ ❑ ❑ ❑ ware T..a.•TO (.wluwf0 ONL• A wee.us TaLaI Ow■ ware T.-&.TO (.«�uue owL•( eeo■/aa ' Tela..O.•. ❑ CJ ❑ ❑ ❑ ❑ ❑ I ❑ ❑ U I rata 7..a«TO(.wlVwaD Owl•( ee Oweat Ta Le.«O«a --- SPITNt SS t•Satw*tN tXTt NT OF INJURY (Check one) INJUNCO wAS IChetk.,nee •Ot Sti /.wT Owl? Owl? as vswa rOvro OTraw ..a.f Le cOr lLw.«T 1 I.fwl .w.Vw. Dw..f. •.aa. .f 0. aC•C..T.� O.�a. INU461 O.a•O.TID ra was• N/Vw.aa O• I.•w O.• •w aerie.f.'a«•..■ ..o. o•• •. G. Conklin #33 8 28 84 CHP 555-P/9a 3 (Re-,e�8() oPI 042 --- :ACTUAL'DIAGRAM "" '"' Poem 4 .To e• Co►►$.,aw •.rc (i.«I wcoc wuraaw orrcmw ..e, w�ramw ry p a. 8 a.. 2 ♦w. 84 ZQ5Q 0701 #33 A-22268 ALL MEASUREMENTS APE AMPOKIMATE AND NOT TO SCALE UNLESS STATED (SCALE 1 �.,4 ;1A 1woocave wowTr t' j tss. - �c W! � � (��o u a r �r. •�t �C A. K ?� /`� �► X aX x ,metaov ;r k K _.. • � �,vr1p $ � �oT t b SCNL.t 11 i. ♦. li C.�;b ZE8 rg I - I --.-..�. t.. 2 :L a •. 1• C,x�b 3 M" Tt re cP V,2 j W. s.. i•• ,.. .8...ww'•w.YP •.O,wYrwww ro. o.. .w. wwy.w aww'w wwrw ro. aw. .+. G. Conklin #33 8 28 84 _ HP 555—Pipe 4 IA&v 8.81) OPI 04:1 M+tn>one vc v- xr 5•rsa J cs cr ows cw�s}cr,a«� NARRATIVE/SUPPLEMENTAL [ ,.O.".AT1Vt ❑ aU•*liMtNTa4 OD COLLtStOw QawOOT ❑ OTM:M' •ATa Or ..Clue T -g (&."I wCIC wUraaw arwtCar /.0, wrYaar "r0. 8 ' ..T 27 Tr. 84 2050 0701 #33 A-22268 f/TT/C.O.IwTT//VOICIr♦OItTrICT OawarTlwO alaTrlc T/aaA7 CITr♦ION MVrOar Anttioch/Contra Costa/Delta Municipal 2 •oc.T/ow/ws.ac• ; Victory Highway 3/10 Mile East of Willow Avenue - Auto vs Motorcycle - 2 Fatal , I Injured Facts: DRCC received the call and dispatched Riverview Fire Dept, at 2055 hrs.- Riverview Fire Dept. arrived at 2101 hrs. First police unit at the scene was Antioch Police Dept. Officer Moczulski , who arrived at 2111 hrs. DRCC called me at home at 2125 hrs. I arrived at the scene atwL71 07hrs Scene: On Victory Highway 3/10 of a mile East of Willow Avenue (a recently annexed area of rural land) now part of the City of Antioch. See copy of annexation map. Victory Highway: ' Is a two lane roadway, through traffic, east to west in direction, separated by center broken lines, posted at 45 mph, having unimproved sand shoulders, no street lighting. A grape vineyard is located on the northside of the street. Residential and a PG&E right-of-way are located on the south side of the street. Approximately one half of a mile to the east is State Route #4, 3/10 of a mile to the West is Willow Avenue. Willow Avenue: Is a two lane roadway north to south in direction, located on the south side of Victory Highway, 3/10's of a mile West of the accident scene. Willow Avenue at Victory Highway is controlled by a posted stop sign. ' Traffic was light, roadway surface was dry, area dark - no street lights. Upon my arrival at the scene, V-1 the Dodge was located on it's wheels, facing southeast in the center of the road. V-2, the Harley Davidson, was facing westbound still in the westbound lane on Victory Highway. The Harley's entire front end: was wedged inside the front seat and interior passenger compartment, only the rear tire remained outside of the vehicle. i .r1►wrara wrra .. �.. .,0.w✓Mllw -O, a•* er, ♦ •r, rails wr w't« ra ..o. a•* G. Conklin #33 8 30 84 , CMP 556 (Rey 8.811 QP!042 Use Ott—OUs rc*A�On%Untl,Ce:•'ecrd w —• . -.. ►' :zl I 6 . • C..aGr Owf t+uµ.a,tw oww ARRATIVE/BUFF EMENTAL (0 04AMOATIVU . ❑ tU*►(t,rrwtt[ Lr coll1510r at►oaT ❑ pT«601. .To e. orlw lr.•.l tlaf.♦ Tlra (N.+I wilt Mvrw.. O►I Kaw .a, wVr..r g ..: 27 -.. 84 2050 0701 #33 AT22268 r. JcowwT-JwoSefA►.UTM.cT t,Jaa.T CITATIew ovr..w Antioch/Contra Costa/Delta Munici al 2 t.-w.Jw..acT Victory Highway 3/10 Mile East of Willow Avenue - Auto vs Motorcycle - 2 Fatal , 1 Injured Damage: V-1 the Dodge sustained major damage to the left side, The driver door had been , broken off of its hinges and had been forced into the interior and front passenger A side of the vehicle. The exterior upper door frame was bent from Mr. Macaluso's body impact, the windshield was cracked on the driver's side, the steering wheel was distorted and dash and front seat damIged. V-2 the Harley Davidson received major front end damage. The front tire was dislodged from its. rim and was flattened. The front spoke wheel was ripped from the sprocket. Front forks were bent, handlebars were ripped off at the neck. The handlebars were located on top of the left rear seat. Clutch lever and cable were located on the right front floorboard. Engine and frame were daTraged. Headlight was completely broken out and shot out of the socket. Miscellaneous Vehicle Observations: V-1 the Dodge was a four door station wagon', with i 48481 .2 miles on the odometer. The ignition key was "On", the headlight switch was pulled out and in the "On" position. _ I Tire Condition: L.F. - Bald in center of tread - Good treadI _ R.R. - Bald inside tread L.R. - bood treadj Sandy dust residue on tires and dust tire imprint on Victory Highway leading to the private driveway northside of street, !latching tire imprints in sandy driveway. V-2 the Harley Davidson Sportster, blacklin color, had good tire tread. Rear disc brake, non-functional front brake, only a front rotor. Handlebars broken off located on top left rear seat. Clutch cable co^trot ripped off and laying on right front I passenger floorboard. Two toggel switch; mounted in front of gas tank left side of f frame were in the "On" position. Vehicle wedged on top of the front seat and inner ;►..a.'s rArf wur..• ro. e••! •. ..vas•.•'. .+r• ru. o+: er i G. Conklin 33 8 301 84 P 556 IAt,04BU OPI 042 leu pre• Cut rdo: oe s u IW de%,.etrd c»rcw •«r ( t«r�or• NAR RATIVEISUPPLEMENTAL ® «awwaT,v� O w..�rl+i«t.4 ® cc4i,sro« fr.owT oT+.c« •iTi a:ii Mff A♦NtiOtiT T6.• 1{{N1 wc.c r Weeft *.vice*I.O. «.rrr. us. g .a, 27 ... 94 2050 0701 #33 A-22268 c1TT/c w.rw 11/tVOIC tw♦.lf Tf KT fr10■Tlwi.Iftf IC lJiraT - C11w710� «4Y61110 Antioch Contra Costa Delta Municipal2 �.c.T10«/wr.tc• . Victory Highway 3/10 Mile East of Willow Avenue - Auto vs Motorcycle - 2 Fatal , 1 ' Injured roof of the Dodge. Headlamp broken and shot out of socket, filaments believed somewhere 'under the vehicle and in the Dodge. (Filaments recovered 8-28-84 by Officer Worth.) _Injuries: All of the occupants of the two vehicles involved were transported to the hospital prior to my arrival . P-1 Barbara Luna was pronounced dead at Delta Memorial Hospital . 0 P-2 Robert Macaluso was pronounced dead at Delta Memorial Hospital . Passenger in V-1 Jose Luna suffered alfractured left arm, possible cardiac contusion and several minor abrasions. He was admitted to Delta Memorial Hospital by Dr. McInt and is expected to recover from his injuries. Drivers Identification: Identification of the drivers was handled by Contra Costa County Deputy Coroner Young. Registrations on Vehicles: Identification by family and friends and identification papers were used for this purpose. Note: A blue purse containing CA driver's license and misc. I.D. belonging to Bartara Luna was recovered from the driver l floor board in the Dodge. The purse was later turned over to Deputy Young at the Antioch Police Department. - t Statements: Interview with Jose Luna and friends or relatives of 'thevictims was handled at the hospital by Traffic Officer Truitt. (See Officer Truitt's SuYplemental Report for details.) I interviewed Riverview Fire Dept. responding personnel and East County Ambulance employees. Riverview Fire personnel : Captain Moomey, Sr. Fire Fighter Grellman, and { ire Fighter Vemaris. The Fire Department told me that upon1their arrival , no signs of fire were present. East County Ambulance was already at the scene and was treating the injured people. itr.f•if-f lore w �— A I.O.--me. YO. a.T T., irll.r w..-f...4 w0. 0— .. G. Conklin #33 8 30 84 CHP 556(Rev 8-811 OPI 042 Use pwrr-Oul it,Ons until drpieted. 0-M W 8 CwlC■Ow• C-0Cw ewe JARRATIVE/SUPPLEMENTAL ® NARRAT4Yti ❑ eu"Lisda"TAi IN COLLISION af.ONT ❑ OTN60: Ah or ee0644AL 4AC44lwT lvowiN( H) "CIC wU.!!•8 aA: 27 ... 84 050 0701 I N33 A-22268 •pT/t eV rTT l+4J etc iw♦e4etefev eArewTtw•e49".CT104 AT CItATIOw wYr!!w tntioch/Contra Costal Delta Municipal 2 �ATtOwl,L lJACT 'ictory Highway 3/10 Mile East of Willow Avenue - Auto vs Motorcycle -e 2 Fatal , 1 Injured They assisted East County Ambulance, made sure no fire threat existed, then cleared the scene. I telephoned East County Ambulance at their Brentwood Office. I obtained the i names of the below listed responding employees: I 1 ) Stan Zukowski - DOB: 4-14-60 I 2)' Hugh Henderson - DOB: 12-14-62 Zukowski said: He and Hugh Henderson responded to the accident scene. Upon their arrival off-duty Consolidated Fireman Arthur Jacobsen (Bus #933-3400) was giving C.P.R. and first aid to Macaluso. They couldn't get the front passenger door open in order to get to the other victims. They broke the right front passenger door I and removed Jose Luna from the car. He was positioned on the south side shoulder I while they treated the remaining victims,. All the victims were 'subsequently transport( in two ambulances to Delta Memorial Hospital . (I requested written statements from the ambulance employees. ), 'hysical Evidence: ! 1 ) V-2 the Harley Davidson did not leave any signs of skid marks on the asphalt surface. 2) V-1 left faint dusty sand tracks on the asphalt surface and lead up to the private driveway located on the north side of the street. These impressions appeared further in the grape vineyard and matched bald tire patterns at the left front tire and richt rear tire. (Photographs were taken by Det. Low in attempts in showing this evidence. ) 3) Photographs of the scene, vehicles and evidence were taken by CHP Sgt. W. Butler and Det. Low, Antioch Police Dept. 4) Sketches of the scene to be prepared by this officer. _ lrAwlw'!wwr• 4,0.•Yr!!• •O. •.i •R, we T4l rlw't.4A w• r0. e.• ;. CQnklin -IP 556 (fiev 8.811 oP1 042 Use o+evtous ed-1-0�6 ulnl'l de01eled +-a■ 9 ..:acr o«a .«acs owa 'NARRATIVE/SUPPLEMENTAL ® CD. ( [XjCOLL1910" of►CRT IDMAA«/,TIV[ �U�►L[M[NTaL OTMf.' s.�a e. ow.a,«s�.rews«• Twa 4..++} «t.c wuwaaw o•. tsa 4.0. «Ursa• moo. •8 •.. 27 .«. 84 2050 0701 #33 A-22268 crrvlcovwt.l.vowuL o,aT«.c• ra-saT.ra a+a.r.cTtMaw: t.TAT.o« Antioch/Contra 'Costa/Delta Municipal 12 ♦OC•tlOwl+r•IaaT Victory Highway 3/10 Mile East of Willow Avenue Auto vs Motorcycle = 2 Fatah 1 Injured 5) Black plastic sungiass frame fragmenits believed to belong to Mr. Macaluso were ionated southwest of the rig htifront of the Dodge. These fragments were phologra Qhed then collected and transported to the Police Department, 6) Headlight filaments belonging to th� Harley Davidson were collected on 8-28-84 by Officer Worth at the City Corporation Yard. (See Officer Worth's Supplemental Report indicating the filament findiing.) 7) Contra Costa County autopsy reports �nn the cause of death P-1 Luna and P-2 Macaluso. 8) Contra Costa County lab reports on possible blood/alcohol levels. Opinions and Conclusions; Vehicle-1 the Dodge was southbound across Victory Highway exiting out of a northside private drivewa to a grape vineyard. Vehicle-1 the Dodge was attempting a left (eastbound turn) onto lVictory Highway as was evidenced by the tire tracks in the sand in the vineyard area. Dust from driving in this sand clung to the Dodgers tires and a light tire mark appeared on the asphalt area. Vehicle-2 the Harley Davidson was westbound on Victory Highway. The Harley collided with the driver door of the Dodge. Thefdriver door to the Dodge was broken off by the impact of the Harley. The Harley intruded into the front passenger compartment. i P-1 Barbara Luna was sent to the riqht side of the car and into the right rear door window. Mr. Luna was pinned in the right front passenger door area. The driver door came within twelve inches of hitting the right front passenger door. P-2 Macaluso's upper body struck the upper door frame and outer roof area while the rest of his. body penetrated the interIior of the Dodge. Major physical injuries re- sulted in the death=of P-l.8arbara••Luna ,arid-P..2 Macaluso- Passenger acaluso;Passen er Jose Luna also received ma 'oriinjuries re uiring hospitilization. ►gra-wwe r`+«wra _ .,0.«vrOaw ra. 11300— •a w.vet--•' waw■ ro. oa• •., Conklin -- #33 $ i30 84 - CHP$56 {Rev 8.811 OPI 042 Use previous ed•t.8ni uni I dtoielto. 10 • ON O.. 4RRATIVE/SUPPLEMENTAL ® MAww.TIV9 ❑ .u..arLINNTAt CO11.1.1ON *K-OOT ❑ 07"90*. :. O► O.i.iw.♦/.!C iQi wT T.wli `24M1 wCIC .V..... O►./C.. 1.0. MV w.■. B 27 84 2050 0701 #33 A-22268 .,COVwTT,IVOiC1.L•/.TwICT w.►ow.ew.OIiT■KTtw.iT� CiT..IOw wv.l..w itioch/Contra Costa/Delta Municipa 0701 ictory Highway 3/10 Mile East of Willow Avenue - Auto vs Motorcycle - 2 Fatal , 1 Injured )TE: Mr. Luna was eliminated as the driver of they Dodge because of his position, -sandwiched between the driver and right front passenger, soor with surviving injuries. Upon viewing the scene, a vision obscurement in the following forms was noted. &_three foot drop ofie"I"evationafrmithe-paved..portion.ofnYictory_Highway._to. a- position=one car ._.length north of the private driveway entrance. Second, the presence of approx. three...fopt tallordr-4edr-weeds, a Wooden=te1ephcne'"jvler#t0A16'°Snd web t=tree-stumps-vhaVing-rwild' s'bcker_shoots jreventingtvis1omrof.-on-coming vehicle-traffic-approaching -the.area from), i the.l.east. An automobile's approach is difficult to detect due to these combination of I factors; a motorcycle's approach is more difficult. Preliminary indications tends to show that both vehicles had their headlights activated. V: 21804 VC - Failure to Yield the Right of Way to through traffic when exiting a private driveway, this on the part of P-1 Luna. i A sposition: Pending interview with Consolidated Fireman Arthur Jacobsen; analysis of the recovered headlight filament from the Harley,; ' Cause of Death reports and Blood/Alcohol reports from the County Coroners Office. s i i ..w.w•,w.Y. •.L'.wV.i.i. re. o. •.. .i�.i wi.'.i..... wo. o.. i. CQo in 133 8 3d 84 P 556 Mew 6811 OPI 042 Use Pre-ows ed-flont uIn i 1-1 depleted dqw dr O �" _ ddo 7 s c 7 Pd n`1- 1 3 = d . . td 17 4 ;� ` r i M 3 1 t L �- T d J c x dr c t 1 1 r. � � 3 rd9e L3 N. #A-22268 r� G, Conklin #33 Sketch Measurement Information Point A is the wooden power pole #20A16 located on the North curb line of Victory Highway, 5h feet North of the North curb line. 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Ow •+, f ref if r'f+r rM rp. Off• Tr, :Hp$56 (Arv84 1 Opt OC? VIr D,e—oc:t ed-t-ont until deolr:ed. AP f 4 1 I Law Offices of LAWRENCE E. KERN A Law Corporation Lawrence E. Kern 1840 Van Ness Avenue John A. Noda Suite Number Eight Joseph M. Devine San Francisco, CA 94109 Telephone (415) 474-1900 March 11 , 1986 Contra Costa County Board of Supervisors 651 Pine Street, Room 106 Martinez, California 94553 Re: Claim for Apportionment of Fault - Indemnification and Declaratory Relief Dear Madame or Sir: Enclosed please find a claim for apportionment of Fault - Indemnification and Declaratory Relief related to an accident that occurred on August 27, 1984. I am enclosing a triplicate original of the claim form, and would request that the copy be filed and endorsed and forwarded to my office in the enclosed self addressed envelope. After you have reviewed this correspondence and the enclosures , if you have any questions, I look forward to hearing from you in due course. Best regards. Very truly yours, LAWRENCE E. KERN LEKldjm Enclosures R.ECEI VED MAR Iq 1986 P' BATCHELOR :ERR Cp Ur!i: RVI,^rORS N RECEIVED CLAIM FOR APPORTIONMENT OF FAUL INDEMNIFICATION AND DECLARATORY REIIEF MAR TO : COUNTY OF CONTRA COSTA FROM: FRANK D. EVANGELHO s un Claim above named presents this claim to the County of Contra Costa pursuant to Government Code section 910, et seq. (1 ) The name and address of the claimant is : Frank D. Evangelho 415 El Rio Danville, CA 94526 ( 2) The name and address to which claimant desires notice of this claim to be sent is : Lawrence E. Kern., Esq. Law Offices of Lawrence E. Kern, Inc . 1840 Van Ness Avenue, Suite 8 San Francisco, California 94109 (3 ) The date, place and other circumstances of the occurrence or transaction which give rise to this claim are: As set forth in the attached Complaint and Cross-Complaint which is attached as Exhibits A and BY and incorporated herein by reference. Neither Complaint nor Cross-Complaint have been properly served and claimant's attorney became aware of the Cross-Complaint on March 3, 1986. Claimant has voluntarily answered the Complaint and Cross-Complaint. (4) A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of this claim is : As set forth in Exhibits A and B, attached hereto. (5 ) The name or names of the public employee or ' employees causing the injury, damage or loss is not known to claimant at this time. (6 ) The amount claimed is set forth in Exhibits A and Battached hereto. Dated : March ll ., 1986 LAW OFFICES OF LAWRENCE E. KERN, INC. LAWRENCE E. KERN, ESQ. Attorney for Frank D. Evangelho I FRANK Pl, .3Z TAYS 432-737^ i COKER & TAY.S SGY ,Railroad Avenue ittsburg, �C.�A.��.9�+4�5u6�5�� p ATTORNEY FOR MARIE LINA JOSE ISABEL LUNA JR. JOSE 1SABI 2, SR. O insert name of court,judicial district or branch court,if any.and post office and street address AUG (, r. IQ r AU F SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF CONTRA COSTA JA OLSS.Zi. CountYy Clerk 725 Court Street CONTRA CL)L3T,1', COUNTY Martinez , California 94553 rJe?qty PLAINTIFF: TERESA MARIE LUNA, a minor , by and through her CALF;,'*��ar ' Guardian ad Litem, JOSE ISABEL LUNA, JR. , a minor, by and through his Guardian ad Litem, and JOSE ISABEL DUE!.- CZ. LUNA, SR. , ad: CoTMa��, d DEFENDANT: PACIFIC GAS AND ELECTRIC COMPANY , INC . , a California corporation, ESTATE OF ROBERT JOSEPH MACALUSO, MANUEL H . GONSALVES , NORMA J . GONSALVES , MARY EVANCELHO, and ®DOES 1 TO 40 COMPLAINT—Personal Injury, Property Damage, Wrongful Death CASE NUMBER LR]MOTOR VEHICLE BOTHER(specify): Jj3;Property Damage a—Z Wrongful Death 276289 ENPersonal Injury aX Other Damages(specify): PREMISES LIABILITY J 1. This pleading, including attachments and exhibits, consists of the following number of pages. ._._ 2. a. Each plaintiff named above is a competent adult Except plaintiff(name). TERESA MARIE LUNA 0 a corporation qualified to do business in California Q an unincorporated entity(describe): ' Q a public entity(describe) Xna minor Q,an adult for whom a guardian or conservator of the estate or a guardian ad Ittem has been appointed Q other(specify) Q other(specify).- OM specify)-®Except plaintiff(name): JOSE ISABEL LUNA, JR. , Q a corporation qualified to do business in California =an unincorporated entity(describe). Qa public entity(describe) 2ga minor Q an adult for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): 0 other(specify): b. Q atnt name): < otng business under the fictitious name of(specrty) and has complied with the ttcttt,uus business name laws C. Q Information about additional pla nthfts who are not competent adults is shown to Comp;atnt— Attachment 2c. (Continued) Form Approvea by the JudK+arCouncil ofCalifornia COMPLAINT—Personal Injury, Properly Damage, Effective January 1. 1982 Rule 982 1(1) Wrongful Death CCP 425 12 t SHORT TITLE: CASE NUMBER LUNA, et al , P .G.&.E . , et al , COMPLAINT—Personal Injury, Property Damage, Wrongful Death Page two 3. •• Each defendant named above is a natural person Except defendant(name): Q Except defendant(name): PACIFIC GAS AND ELECTRIC COMPANY, INC . Q a business organization, form unknown Q a business organization, form unknown a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): Q a public entity(describe): Q a public entity(describe): Q other(specify)- other(specify) Q Except defendant(name) Except defendant(name) Q a business organization, form unknown Q a business organization, form unknown Q a corporation =a corporation Q an unincorporated entity(describe): =an unincorporated entity(describe): Q a public entity(describe) =a public entity(describe). Q other(specify): =other(specify). b. The true names and capacities of defendants sued as Does are unknown to plaintiff. C. Q Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4. Q Plaintiff is required to comply with a claims statute, and a. Q plaintiff has complied with applicable claims statutes, or ' b. Q plaintiff is excused from complying because(specify): 5. This court is the proper court because at least one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is to its jurisdictional area. injury to person or damage to personal property occurred in its jurisdictional area. Q other(specify): 6. The following paragraphs of this complaint are alleged on information aria belief(specify paragraph numbers): FOURTH CAUSE OF ACTIO: , paragraph GN-1 , a-d inclusive. (Continued) Page two I ( LUNA, et al , P .G.&.E . , et al, I I COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) Page three 7. [y,] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are =)fisted in Complaint—Attachment 7 ®as tollows: Funeral and burial expenses ; pecuniary loss ; loss of society, comfort and services to husband; - and loss- of society, comfort , protection and services to children. Parties : JOSE ISABEL LUNA, SR. is the surviving husband of decedent . ERESA ARIE LUNA and JOSE ISABEL LUNA, JR. are the minor children of the decedent . S. Plaintiff has suffered ®wage loss ®loss of use of property ©hospital and medical expenses ®general damage ®property damage ®loss of earning capacity Q other damage(specify): 9. Relief sought in this complaint is within the jurisdiction of this court 10. PLAINTIFF PRAYS For judgment for costs of suit. for such relief as is fair.just, and equitable. and for ©compensatory damages FM(Superior Court)according to proof Q(Municipal and Justice Court) to the amount of ® otner(specify): Special damages according to proof. 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have one or more causes of action attached.) ®Motor Vehicle ®General Negligence Q Intentional Tort Q Products Liability ®Premises Liability Q Other(specify): FRANK PEREZ TAYS 141 / (Type or print name) . (S-inai o puint,n or +unerl COMPLAINT—Personal Injury, Property Damage, PaQe tnree pWe f2 Ir)ccom'd) Wrongful Death (Continued) CCP 425 tz PL1A 5M 1-82 LUNA, et a' v. P .G .&.E . , et al , FIRST CAUSE OF ACTION—Motor Vehicle Page 4 (pumper) ATTACHMENT TO ®Complaint MCross-Complaint (Use a separate cause of action form for each cause of actionJ Plaintiff(name): TERESA MARIE LUNA, JOSE ISABEL LUNA, JR. , and JOSE ISABEL LUNA, SR. MV-1. Plaintiff alleges the acts of defendants were negligent*. the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on(date): August 27 , 1984 at(piace): Victory Highway , Antioch, California. MV-2. DEFENDANTS a. The defendants who operated a motor vehicle are(names): decedent ROBERT JOSEPH MACALUSO CKS Does I to 5- 1b. The defendants who employed the persons who operated a motor vehicle in the course of their employment are(names): r—i Does to c. The defendants who owned the motor vehicle which was operated with their permission are(names): decedent ROBERT JOSEPH MACALUSO M Does_6_____ to _ 10 , d. The defendants who entrusted the motor vehicle are(names): decedent ROBERT JOSEPH MACALUSO M Does__11T to 15 e, ED The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names) Does to The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are r7listed in Attachment MV-2f rX_1as follows: PACIFIC GAS AND ELECTRIC COMPANY , INC . MANUEL H. GONSALVES NORMA J. GONSALVES, MARY EVANGEIHO and DOES 21 through 40, are liable to plaintiffs for the wrongful death of BARBARA ELAINE LUNA, property damage and personal injuries to JOSE. ISA13E:L LUIiA, SR. as a result of their negligence in failing to maintain the premises which adjoin Victory Highway in a safe condition; failing to warn mtorists of the hazardous conditions; and, failing to remve obstructions an said premises. CE Does -.--21. . to 40 Form Approved by the iud,ciai Council of casaornia Etiti,ctivs January 1,1982 Rim 982 IJ2) CAUSE OF ACTION—Motor Vehicle ccp 42512 SHORT TITLE. CASE NUMBER. LUNA, et al , v. P .G.&.E . , et al , .SECOND CAUSE OF ACTION—General Negligence Page 5 (number) ATTACHMENT TO g? Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-t. Plaintiff(name): TERESA MARIE LUNA, JOSE ISABEL LUNA, JR. , and JOSE ISABEL LUNA, SR. alleges that defendant(name): ROBERT JOSEPH MACALUSO, and r xaDoes 16 .. . to 20 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(date): August 27 , 1984 at(place): Victory Highway, City of Antioch, County of Contra Costa , State of California. (description of reasons for liability): On August 27 , 1984 , defendant-decedent ROBERT JOSEPH MACALUSO and/or DOES 16 through 20 , negligently maintained, drove , and operated a motorcycle bearing a 1976 California license number 3P8596, in a westbound direction along Victory Highway in the City of Antioch, County of Contra Costa , State of California , that the same was caused to and did collide with BARBARA ELAINE LUNA' s vehicle thereby killing BARBARA ELAINE LUNA and injuring plaintiff-passenger JOSE ISABEL LUNA, SR. As plaintiffs ' decedent BARBARA ELAINE LUNA was attempting a left and east-bound turn onto Victory Highway when the defendant' s motorcycle collided with the driver door of her vehicle . Plaintiffs ' decedent ' s' and plaintiff-passenger' s injuries were the direct and proximate result of defendant 's failure to operate his motor vehicle in a reasonable and prudent manner so as to avoid creating an unreasonable risk of harm ;to BARBARA ELAINE LUNA and JOSE ISABEL LUNA, SR. At all times mentioned herein , plaintiffs acted reasonably and exercised due care for the safety .of all motorists . And, the collision occurred without fault on the part of plaintiffs . By reason of the death of decedent , plaintiffs suffered pecuniary loss and incurred funeral and burial expenses . By reason of the death of BARBARA ELAINE LU";A, JOSE ISABEL LU";A , SR. has been deprived of his wife ' s society , services and comfort ; and TERESA MARIE LUNA and JOSE ISABEL LUNA, JR. have been deprived of their mother ' s comfort , society, protection , guidance , and ability in training , educating and rearing them, to the loss and damage of plaintiffs . Form Approved by the JudKrN Council of California EH*ctRule 982 iii 1982 CAUSE OF ACTION—General Negligence CCP 425 12 SHORT TITUI CASE NUMBER LUNA, et al , c P .G.&.E . , et al , THIRD CAUSE OF ACTION—Premises Liability Page 6 (number) ATTACHMENT TO Complaint Q Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-t. Plaintiff(name):TERESA MARIE I=, JOSE ISABEL LUNA, JR. , and JOSE ISABEL I=, SR. alleges the acts of defendants were the legal(proximate)cause of damages to plaintiff. On (date): August 27 , 1984 plaintiff was injured on the following premises in the following fashion(description of premises and circumstances of injury). The premises are located adjacent to Victory Highway along its northern border approximately 3/10 of a mile east of Willow Avenue in the City of Antioch , California. Victory Highway is a. two lane roadway, through traffic , east to west in direction, separated by broken lines , having unimproved sand shoulders and no street lighting. A grape vineyard is located on the north side of the street . A private driveway, located perpendicular to Victory Highway, is used for ingress and egress for the vineyard . Pacific Gas and Electric Company has a right of way across the aforesaid vineyard premises and along the northern boundary of Victory Highway. -continued on Attachment- Prem.L-2. ®Count One-Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names) Or , who had any ownership , possessory or use interests in the aforesaid premises were . PACIFIC GAS AND ELECTRIC 03PANY, INC. , MA's LM H. GONSALVES, NORMA J. =SALVES, MARY EVANG0110 and 2-x Does 21 to 2— Prem.L-3. Q Count Two-Willful Failure to Warn [Civil Code section 846) The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Q Does to Plaintiff, a recreational user, was =an invited guest =a paying guest. Prem.L-4. Q Count Three-Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): Q Does io a. = The defendant public entity had =actual =constructive nonce of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. Q The condition was created by employees of the defendant public entity. Prem.L-5. a. ®Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of theagency were(names). PACIFIC GAS AND ELECTRIC COMPANY , INC . , MANUEL H. GONSALVES , NORMA J . GONSALVES , MARY EVANGELHO , AND ®Does 2—to 10 b. ® The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are Q described in attachment Prem.L-5.b ®as follows(names): ROBERT JOSEPH MACALUSO and DOES 1 through 20 , are liable for the negligent operation of his motor vehicle upon Victory Highway. Form Approva0 by v» Judicial council of California Enactz pi9�R�paoi ' CAUSE OF ACTION—Premises Liability CCP 425 12 PL5 5M 1-82 t LUNA, et al , v. P .G.&.E. , et al , I THIRD CAUSE OF ACTI0N- Premises Liability Page 7 ATTACHMENT TO COMPLAINT Prem. L-1 . (continued) A vision obscurement in the following form is noted on said premises : a three foot drop of elevation from the paved portion of Victory Highway to a position one car length north of the private driveway entrance. Additionally, approximately three foot tall dried weeds , a wooden telephone pole #2OA16, and walnut tree stumps with wild sucker shoots prevent vision of on- coming vehicle traffic approaching the area from the east . BARBARA ELAINE LUNA was driving southbound across Victory Highway exiting out of a northside private driveway from a grape vineyard. Her vehicle was attempting a left-hand eastbound turn onto Victory Highway when her vehicle was struck on the left side by a Harley Davidson motorcycle driven by ROBERT JOSEPH MACALUSO. Both drivers were killed as a result of the collision and plaintiff-passenger JOSE ISABEL LUNA, SR. was severely injured. SHORT TITLE: CASE NUMBER LUNA, et al , v. P.G .&.E. , et ' al ; FOURTH CAUSE OF ACTION—General Negligence Page—8 (n rnbeo ATTACHMENT TO ®Complaint QCross-Complaint (Use a separate cause of action form for each, cause of action.) GN-1. Plaintiff(name): TERESA MARIE LUNA, JOSE ISABEL LUNA, JR. , and JOSE -, .ISABEL LUNA, SR. alleges that defendant(name): PACIFIC GAS AND ELECTRIC COMPANY, INC . , MANUEL H. GONSALVES , NORMA J . GONSALVES , MARY EVANGELHO, and MDoes ___2_Q_ ._. to 25 was the legal (proximate) cause of damages to plaintiff By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(date): August 27 , 1984 at(place): At or near the premises abutting Victory Highway, City of Antioch, County of Contra Costa, State of California. (description of reasons for liability): Plaintiffs allege on information and belief that at all times relevant that defendants PACIFIC GAS AND ELECTRIC COMPANY, INC . , MANUEL H. GONSALVES , NORMA J . GONSALVES , MARY EVANGELHO, and DOES 20 through 25 , had ownership and/or possessory and/or use interests in the premises located approximately 3/10 of a mile east of Willow Avenue which abut Victory Highway ' s northern border . Said premises were under the control and management of defendants at the time of the collision which is the subject matter of this action. Defendants , and each of them, were negligent in the management of the aforesaid property in that they failed to make proper repairs so that ingress and egress onto the property could be made with reason- able safety. Defendants , and each of them, further failed to exercise ordinary care in maintaining in and around the three foot drop in elevation any guard, barrier, or light that would give adequate warning of the existence, location, and limits of the drop in elevation to persons entering or exiting the vineyard premises . Defendants , and each of them, further violated their duties as abutting landowners , possessors and/or users to refrain from creating conditions along the vineyard premises which were likely to cause harm to persons lawfully using the private vineyard road and Victory Highway; to refrain from obstructing the private vineyard road to motorists along Victory Highway and from obstructing Victory Highway to motorists exiting from the private vineyard road; and, their duty to warn of any hazardous condition so that the public might , while in the exercise of due care and caution for its own safety , pass safely over and upon both of the aforementioned roads in that : a. Defendants obstructed the roadways by allowing weeds , a telephone pole, and walnut tree stumps to exist in the area between -con i_nued- Form Approved by the Judival Council of Ca+nom a Enac,R�ie"2;(3j 1982 CAUSE OF ACTION—General Negligence CCP 425 12 LUNA, et al , v. P.G . & E . , et al, FOURTH CAUSE OF ACTION - General Negligence Page 9 ATTACHMENT TO COMPLAINT GN-1 . (continued) the private vineyard road and Victory Highway, endangering there- by and being a source of peril to all persons passing upon said I! roads . b . ROBERT JOSEPH MACALUSO' s motorcycle could not be seen or observed by an ordinary driver exiting from the vineyard road, i and therefore created a dangerous condition. c. Defendants failed and neglected to warn or advise of the dangerous conditions they had created or failed to eliminate , although defendants knew or should have known that both roads !` were used regularly by motorists and no other convenient route jl was available to plaintiffs ' decgdent . i I� d. Defendants failed and neglected to remove the afore- mentioned obstructions from the premises so as to afford a safe and unimpeded path to motorists lawfully traveling on the vine- yard road , although they knew of the hazards and had adequate ii time to remove them, iAs a direct and proximate result of defendants ' negligence , as aforesaid, BARBARA ELAINE LUNA and plaintiff JOSE ISABEL LUNA, SR. , became involved in a vehicular accident which resulted in the death of Mrs . Luna. and physical injuries to Mr. Luna. j As a direct and proximate result of said injuries , plain- tiffs suffered and will suffer pain and physical disability, medical and hospital expenses ; and loss of past and future earnings . By reason of the death of decedent , plaintiffs suffered pecuniary loss and incurred funeral and burial expenses . By reason of the death of BARBARA ELAINE LUNA, JOSE ISABEL � LUNA, SR, has been deprived of his wife ' s society, services and 'i comfort ; and TERESA MARIE LUNA and JOSE ISABEL LUNA, JR, have !) been deprived of their mother's comfort , society, protection, guidance , and ability in training, educating and rearing them, ;! to the loss and damage of plaintiffs . I I I i� t' ;r i� i I Law Offices of 2 LAWRENCE E. KERN 3 A Law Corporation 1840 Van Riess Avenue 4 San Francisco, CA. 94109 (415) 474-1900 5 6 Attorney for Defendant, Frank D. Evangelho 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA CONSTA 9 10 TERESA MARIE LUNA, et al . , 11 Plaintiffs, NO : 276 289 12 13 V. CROSS-COMPLAINT FOR 14 PACIFIC GAS AND ELECTRIC CONTRIBUTION, 15 COMPANY, INC. , INDEMNIFICATION AND 16 et al . , DECLARATORY RELIEF 17 Defendants . 18 19 20 FRANK D. EVANGELHO, 21 Cross-Complainant, 22 V . 23 THE ESTATE OF ROBERT JOSEPH MACALUSO, 24 THE ESTATE OF BARBARA LUNA, MANUEL H. 25 GONSALVES, NORMA J. GONSALVES, CITY OF 26 ANTIOCH, COUNTY OF CONTRA COSTA, DOES 27 ONE through ONE HUNDRED, inclusive, 28 Cross-Defendants . 29 30 31 Now comes the Cross-Complainant, above named, and by way of 32 Cross-Complaint against the Cross-Defendants, and each of 33 them, allege as follows : 34 35 36 ' COM 2 , 1 FIRST CAUSE OF ACTION 2 I 3 That the true names and capacities , whether individual , 4 corporate , asssociate or otherwise, named herein as a DOE, 5 are unknown to said Cross-Complainant, who therefore sues 6 said Cross-Defendants by such fictitious names, and 7 Cross-Complainant prays leave to amend this Cross-Complaint 8 when their true names and capacities have been ascertained. 9 10 II 11 That at all times herein mentioned each Cross-Defendant was 12 an agent, servant, employee, partner and joint venturer of 13 the other Cross-Defendants, and each of them, and that at z t4 times herein mentioned , each Cross-Defendant was acting . � 15 within the course and scope of this relationship as agent, C 16 servant , employee, partner and joint venturer of the other `oma< z 17 Cross-Defendants , and each of them. 7 ^ 6. 19 II U c z .. I 3 Z 1 .0 20 wCross-Complainant hereby incorporates by reference the c 2t allegations of Plaintiff' s Complaint as though set forth in < = 22 their entirety , but not for the purpose of admitting any of J 23 the allegations of said Complaint heretofore denied by 24 Cross-Complainant. 25 26 IV 27 If the Plaintiffs sustained injuries , it was a direct result 28 of the negligence of Cross-Defendants , and each of them. 29 30 V 31 In the event the Cross-Complainant herein is held liable to 32 the Plaintiffs in the principal action, that such liability 33 arises only by reason of the active and primary negligence 34 of Cross-Defendants, and each of them, and through no fault 35 of this Cross-Complainant, whose fault, if any, is secondary 36 and passive only . - 2 - . VI 2 By reason of these premises, Cross-Complainant is entitled 3 to equitable indemnification, equitable contribution and the 4 determination of declaratory relief from said 5 Cross-Defendants, and each of them. 6 7 VII 8 Cross-Complainant has incurred expenses in the form of 9 attorneys' fees, court costs and other litigation expenses 10 to defend Plaintiffs ' Complaint ; that by reason of the 11 premises , Cross-Complainant is further entitled to recover 12 from Cross-Defendants , and each of them, such reasonable 13 attorneys' fees, court costs and other litigation expenses z 14 necessarily incurred in the principal action; that the �i 15 amount of said expenses is unknown at this time , and W �= 16 xCross-Complainant prays leave to amend this Cross-Complaint o >�y 17 when the same has been ascertained . W u�% 18 � W av �� O U Lz � 19 VIII c 20 3 z L. Cross Complainant has complied with the applicable Wc`z� 21 governmental claims statute, and has presented claims to the 3 22 City of Antioch and the County of Contra Costa with its 23 claim for indemnity, apportionment of fault and declaratory 24 relief. Cross-Complainant will serve said Cross-Complaint 25 if and when said claim is denied or expires by operation of 26 1 aw . 27 28 SECOND CAUSE OF ACTION 29 I 30 Cross-Complainant refers to paragraphs I through VIZI of the 31 First Cause of Action, and incorporates them by reference as 32 though fully set forth below . 33 34 II 35 The Plaintiff' s damages , if any, were caused by the 36 negligence and carelessness of the Cross-Defendants , and - 3 - I each of them, and as such under the rules of comparative 2 negligence, Cross-Complainant is entitled to equitable 3 indemnity and equitable contribution for the amount of 4 negligence attributable to Cross-Defendants, and each of 5 them. 6 7 WHEREFORE, Cross-Complainant prays for judgment against e Cross-Defendants, and each of them, as follows : 9 10 1 . That Cross-Complainant recover from 11 Cross-Defendants, and each of them, for expenses incurred in 12 the defense of this litigation, including reasonable 13 attorneys' fees ; 14 15 2 . The Cross-Complainant requests the Court to 16 declare the rights of the parties ; that if Cross-Complainant Co MEQ 17 is liable on the Complaint of Plaintiffs, Cross-Complainant c. U 18 �� C �7 have ,judgment against Cross—Defendants, and each of them; 19 ` z cUv wSMG' 20 3. That if liable on the Complaint to Plaintiffs , � 21 o Cross-Complainant have contribution from Cross-Defendants , 22 and each of them, in proportion to the amount of negligence 23 attributable to said Cross-Defendants, and each of them; 24 25 4. For costs of suit incurred herein; and 26 27 5 . For such other and further relief as to this 28 Court deem proper . 29 30 Dated: March 11, 1986 LAW OFFICES OF LAWRENCE E. KERN , INC 31 32 33 34 LAWRENCE E. KERN, ESQ. 35 ATTORNEl FOR CROSS-COMPLAINANT 36 - 4 - PROOF OF SERVICE BY MAIL I declare that: I am employed in San Francisco County, California. I am over the age of 18 years and not a party to the within cause; my business address is 1840 Van Ness Avenue, Suite 8., San Francisco, California 94109. On March 11,, 1986, 1 served a copy of the foregoing document by mail by placing the same in an envelope, sealing, fully preparing postage thereon, and depositing said envelope in the U .S. Mail at San Francisco, California, said envelope was addressed as follows : Mailed to: Frank Perez Tays Coker & Tays 509 Railroad Avenue Pittsburg, CA 94565 Mari C. Snyder, Esq. Pacific Gas & Electric Company 77 Beale Street P. 0. Box 7442 San Francisco, CA 94120 Documents mailed: CROSS-COMPLAINT FOR CONTRIBUTION, INAT)EMNIFICAM.L-LT ON AND DECLARATORY RELIEF I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed March 14 1986, at San Francisco, California. Signed A DOMINIQ�E EFF 0 -MEYNARD - iL AMENDED CLAIM BOARD OF SUPERVISORS OF OWU COSTA COUNTY. CALI1WNU BOARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLAIMANT April 29, 1986 governed by the Board of Supervisors, ) The copy Of s document M71ed 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: Robert R. Sheets County Counsel Attorney: Robert L. Collins MAR 31 1986 Greve, Clifford, Diepenbrock & Paras Address: P.O. Box 2469 Martinez, CP. 94583 Sacramento, CA 95811-2469 Amount: $17, 140. 00 + By delivery to clerk on Date Received: March 27, 1986 By,mail, postmarked on March 26 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel _ Attached is a copy of the above-noted claim. Dated: Mar ch 2 8 , 19 8 6 PHIL BATCHELOR, Clerk, By Deputy CatEy Knw es II. FROM: County Counsel TO: 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: 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 o.o k"'V,mn 4A (x) This elaimW 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. (� ,'o Dated: APR 15 1986 PHIL BATCHELOR, Clerk, By l�p't'�-�► , 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: APR 15 1966 PHIL BATCHELOR, Clerk, By �i,� ,ro , Deputy Clerk oc: County Administrator (2) County Counsel (1) LAW OFFICES OF GREVE, CLIFFORD, DIEPENBROCK b PARAS 1000 C STREET, SUITE 400 POST OFFICE BOX 2469 CLAIRE H.GREVE EDWARD T.CLIFFORD SACRAMENTO, CALIFORNIA 95811-2469 OF COUNSEL ANTHONY C.DIEPENBROCK GEORGE E.PARAS (916) 443-2011 IRVING H. PERCUSS , GERARD A.R05E LAWRENCE A.WENGEL GORDON W.COOK WILLIAM C.BARRY GERALD R.JOHNSON(IS97-1973) THOMAS S. KNOX RICHARD L. MANFORD March 2 6 GARY L.VIN50N LOUIS J.ANAPOLSKY , 1986 GARY SCOTT DECKER E.EARL SECH RIST III 1750 MONTGOMERY STREET DENNIS W.RICHARDSON JERILYN PAIK SAN FRANCISCO. CALIFORNIA 94111 JOHN M.LEMMON ROBERT K.POLLAK (415) 543-6564 BRADLEY R.LAR50N PAMELA A.BABICH SUSAN J.SHERIDAN DANIEL P.COSTA REPLY TO SACRAMENTO MAUREEN A. FALCONER LINDSAY R. BRACK RANEENE P. BELI5LE WILLIAM L. BAKER ROBERT L.COLLINS DANAE A.PARAS TELECOPIER PAUL C.KWONG WILLIAM H.POE (916) 441-7457 JANET BALLOU CORIN L.KAHN Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez , California 94553 Re: Claim of Robert Sheets Gentlemen: Enclosed please find a copy of your Notice of Insufficiency and/or Non-Acceptance of Claim in the above- referenced matter. Also please find a copy of our claim against the County with Exhibits A and B attached thereto. Thank you. Very truly yours, Kathleen Leahy Johnson Secretary to Robert L. Collins /klj Enclosures RECEIVED MAR '191986 LAZY' OFFICES OF GREVE. CLIFFORD, DIEPENBROCK 8 PARASGREVE CLIFF$RD DIEPENbi4OCK& ARAA 1000 C STREET, SUITE 400 POST OFFICE BOX 2469 CLAIRE H.GREVE EDWARD T.CLIFFORD SACRAMENTO, CALIFORNIA 95811-2469 ANTHONY C.DIEPENBROCK GEORGE E.PARAS (916) 443-2011 OF COUNSEL GERARD A.ROSE LAWRENCE A.WLNGEL IRVING H. PERLUSS GORDON W.COOK WILLIAM C.BARRY THOMAS S.KNOX RICHARD L.MANFORD GERALD R.JOHNSON(1897-1973) GARY L.VINSON GARY SCOTT DECKER March 14, -1986 E.EARL SECHR15T III DENNIS W.RICHARDSON - 1750 MONTGOMERY STREET LOUIS J.ANAPOLSKY JERILYN PAIK SAN FRANCISCO. 94111 JOHN M.LEMMON ROBERT K.POLLAK FRANCISCO. . CALIFORNIACALI O BRADLEY R.LARSON STEFAN L.MANOLA KAS PAMELA A.BABICH SUSAN J.SHERIDAN DANIEL P.COSTA MAL'REEN A. FALCONER REPLY TO SACRAMENTO LINDSAY R.BR.ACK RANEEN'E P. BELI5LE WILLIAM L. BAKER ROBERT L.COLLIN'S TELECOPIER DANAE A.PARAS PAUL C.KWONG �}-�^ (916) 441-7457 WILLIAM H.POE JANET BALLOU R(g E V-PD MAR iy i966 CLAIM AGAINST COUNTY OF CONTRA COST PH ATCHEIOR (California Government Code §910) LERrCCP s OF?,Pi I RS e. COSTA 1 . Claimant' s Name and Post Office Address: Robert R. Sheets, 15 McCormick Road, E1 Sobrante, CA 95803 . 2 . Address for Notices in Connection with this Claim: Robert R. Sheets, c/o Greve, Clifford, Diepenbrock & Paras, Attention: Robert L. Collins, P.O. Box 2469, Sacramento, CA 95811-2469 . 3 . Circumstances Giving Rise to the Claim: On January 16, 1986, claimant was served with a complaint entitled: Allstate Insurance Company, Inc. , Plaintiffs, vs. Dennis C. Woodruff and Becky L. Woodruff, George Malaney, Ann Malaney, Robert Sheets and Does I-XXX, Defendants Said complaint is a complaint for damages and subrogation (property damage/premises liability) . On or about February 13, 1986 , claimant presented by the law firm of Greve, Clifford, Diepenbrock & Paras, filed an answer to the above-mentioned complaint. Copies of the complaint and defendant' s answer are attached hereto and are incorporated by reference as Exhibits "A" and "B" , respectively, and are incorporated by reference without admitting the truth of any of the allegations contained therein. R"' ECEIVE1,; MAR 00 PHIL BATCHELOR LMX�--tjy RD OF SUPERVISORS By GREVE• CLIFFORD. DIEPEN$ROCK b PARAS The complaint relates to damages allegedly sustained by the plaintiff ' s insured, Alvin Narasaki, to which plaintiff has issued insurance policies to cover land and dwellings at 4601 Driftwood Court, El Sobrante, California. In this subro- gation action, plaintiff, Allstate Insurance Company, complains that they- are entitled to compensationfor damages to the subject property which they insure. Allstate alleges that damages have been sustained to the above-mentioned property, for which plaintiff has compensated their insured. Plaintiff claims that it is entitled to subrogation and for damages. Claimant Robert R. Sheets denies, and continues to deny, all liability in connection with the above-mentioned lawsuit. If it should be determined, however, that there was any liability on claimant' s part, such liability would be based on the primary and active conduct, negligence, strict liability, nuisance, or other acts or omissions of the County of Contra Costa. Said entity was negligent in inspection and/or .maintenance of public property and a drainage easement; said entity allowed a nuisance to exist which had effects to adjacent land, and thereby causing damages; said - entity has failed to provide facilities for control in handling of water which was allowed to concentrate and saturate the ground, causing the landslide complained of in the above-mentioned complaint. The said entity designed, constructed, operated, or maintained property owned or controlled by them in such a manner as to cause a dangerous condition resulting in the damage to the property of others as alleged in the above-mentioned complaint. Said condition, maintenance, and operation and control of said property by the County has existed at least since the spring of 1978 and continuing to the present. 4 . General Description of the Obligation: Claimant, Robert R. Sheets, contends that County of Contra Costa is obligated to defend, indemnify, and hold harmless claimant, in the lawsuit referred to above, and if claimant somehow incurs liability to any plaintiff, claimant shall be entitled to contribution, comparative indemnity, equitable indemnity, and/or a portion of such liability. 5. Names of Public Employees Causing Injury: Unknown at the present time. 'CREVt. CLIFFORD, DIEPENBROCK & PARAS 6 . The Amount Claimed as of the Date of Presentation of this Claim: Claimant denies that plaintiff is entitled to any recovery or damages of any sum or sums whatsoever. Based on the stage of the above-mentioned case, the damages and/or expenses which might be incurred by this claimant in connection with said case cannot be reasonably estimated at this time. However, plaintiff in the above-mentioned lawsuit apparently seeks a minimum of $17 , 140. 66 as their subrogation interest, excluding fees and costs . The extent of other claimed damages are unknown. In any event, if this claimant incurs any investigative costs, legal expenses, court costs or liability for damages, claimant claims reimbursement of the same from the County of Contra Costa. DATED: March , 1986 . GREVE, CLIFFORD, DIEPENBROCK & PARAS By BERT L. OLLINS X17ACION JUDICIAL) r FOR COURT USE ONLY NOTICE TO DEFENDANT: (Aviso a Acusado) 15010 PA"USO Of 1A CoirF, Dennis C. Woodruff, Becky L. Woodruff, George Malaney, Ann Malaney, Robert Sheets, and DOES 1 to 30, Inclusive / J YOU ARE BEING SUED BY PLAINTIFF:. \ d (A Ud. le esta demandano) •4r ALLSTATE INSURANCE COMPANY, Inc . You have 30 CALENDAR DAYS after this sum- Despues de que le entreguen esta citation judicial usted mons is served on you to file a typewritten re- liene un plazo de 30 DIAS CALENDARIOS para presentar sponse at this court. una respuesta escrita a maquina en esta-torte. A letter or phone call will not protect you; your Una Carta o una Ilamada telefonica no le ofrecera typewritten response must be in proper legal protection; su respuesta escrita a maquina tiene que form if you want the court to hear your case. cumplir con las formalidades legates apropiadas si usted If you do not file your response on time, you may quiere que la torte escuche su caso. lose the case, and your wages, money and pro- Si usted no presenta su respuesta a tiempo, puede perder perty may be taken without further warning from el caro, y le pueden quitar su salario, su dinero y otras cocas the court. de su propiedad sin aviso adicional por parte de la torte. There are other legal requirements. You may Existen otros requisitos legales. Puede que usted quiera want to call an attorney right away. If you do not Ilamar a un abogado inmediatamente. Si no conoce a un know an attorney, you may call an attorney refer- abogado, puede Ilamar a un servicio de referencia de ral service or a legal aid office (listed in the phone abogados o a una oficina de ayuda legal(vea el directorio book). telefonico). CASE NUMBER: rNumrro drl_[�sQf The name and address of the court is: (EI nombre y direction de la torte est U Superior Court of California , County Contra Costa Contra Costa County Courthouse P .O. Box 911 Martinez , California 94553 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direction y el nlimero de re/erono del abogado del demandante. o del demandante que no tiene abogado. est Richard A. Cardozo CARDOZO , NICKERSON , MARTELLI , CURTIS & ARATA 1130- 12th Street , Suite G Modesto , California 95353 (File #24374) (209 ) 521 -1800 ., . �_� Ivy. r�t_LtI�IDORPH DATE: DEC 30 i A OLS ,3,1! Clerk, by Deputy lFechal (Actu.frrol lDeleyada !sena! NOTICY. TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. 0 as the person sued under the fictitious name of Ispecity): 3. 0 on behalf of (specify): under: CCP 416.10 (corporation) CCP 416.60 (minor) 0 CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) ^ CCP 416.90 (individual) I 0 other: 4. by personal delivery on /dare/: Form A000tea DY Rule 982 (See reverse for Proof of Service) Judicial Co�nuf of Caldorn,a 982fa1f91 ►Rev January 1. 19841 SUMMONS 2015-72 L CCP 412 20 1X ti a . ATTORNEY On PARTY WITHOUT ATTORNEY(NAME AND ADDRESS): ' 209 521 TI�6ONE: FOR COURT USE ONLY CARDOZO, NICKERSON, MARTELLI , CURTIS AND ARATA 1130 12th Street, Suite G, P.O. Box 3030 Modesto, CA 95353 EIEC 30 1985 ATTORNEY FOR(NAME): . t ULSSON., County Clerk j CONTRA COSTA SUPERIOR COURT, STATE OF CALIFORNIA VN- TRA COSTA COUNTY CONTRA COSTA COUNTY_ COURTHOUSE P.O. Box 911 M. Aller,Cnrph, nP�.,ri Martinez, CA 94553 PLAINTIFF: ALLSTATE INSURANCE COMPMY, INC. DEFENDANT: Dennis C. Woodruff, Becky L. Woodruff, George Malaney, Ann Malaney, Robert Sheets ®DOES 1 TO XXX Inclusive CASE NUMBER: COMPLAINT—Personal Injury, Property Damage, Wrongful Death � 05 =MOTOR VEHICLE ®OTHER(specify): Premises MProperty Damage Q Wrongful Death =Personal Injury Q Other Damages(specify): 1. This pleading, including attachments and exhibits, consists of the following number of pages: 4 2. a. Each plaintiff named above is a competent adult ® Except plaintiff(name): Allstate Insurance Co. , Inc. ®a corporation qualified to do business in California =an unincorporated entity(describe): =a public entity(describe): =a minor Q an adult = for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): Q other(specify): Q Except plaintiff(name): Qa corporation qualified to do business in California =an unincorporated entity(describe): =a public entity(describe): =a minor =an adult =for whom a guardian or conservator of the estate or a guWdian ad litem has been appointed =other(specify): Q other(specify): b. =Plaintiff(name): , Is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. C. Q Information about additional plaintiffs who are not competent adults Is shown In Complaint— Attachment 2c. (Continued) Form Approved by the JudicialCouncilJanuary 1.1982 COMPLAINT—Personal Injury, Property Damage, Effective Jenuery�,1982 Rule 692.1(1) Wrongful Death CCP 425 12 x. :i sH&f TITLE: CASE NUMBER: ALLSTATE INSURANCE VS. Woodruff ? 80785 COMPLAINT--Personal Injury, Property Damage, Wrongful Death Pago two 3. a. Each defendant named above is a natural person Q Except defendant(name): Q Except defendant(name): (�a business organization, form unknowp Q a business organization, form unknown Q a corporation Q'a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): Q a public entity(describe): Q a public entity(describe): Q other(specify): Q other(specify): Q Except defendant(name): Except defendant(name): Q a business organization, form unknown =a business organization, form unknown Q a corporation Q a corporation [] an unincorporated entity(describe): an unincorporated entity(describe): Q a public entity(describe): a public entity(describe): Q other(specify): Q other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. C. Q information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4. Q Plaintiff is required to comply with a claims statute.and a. Q plaintiff has complied with applicable claims statutes, or b. Q plaintiff is excused from complying because(specify): 5. This court is the proper court because ® at least one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. ® injury to person or damage to personal property occurred in its jurisdictional area. Q other(specify): 6. Q The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): (Continued) pa"i,,o SHORT TITLE: CASE NUMBER: Allstate Insurance vs. Woodruff COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) Page three 7. Q The damages claimed for wrongful death and the relationships of piaintiff to the deceased are listed in Complaint—Attachment 7 as follows: 7.5 At all times herein mentioned, Alvin Narasaki was a named insured of plaintiff under a policy of insurance in full force-.-and effect issued by plaintiff under which plaintiff was obligated to and did make payments for the damages herein alleged and plaintiff has become subrogated to all of the rights and entitled to all of the remedies of insured against defendants. 8. Plaintiff has suffered 0 wage loss Q loss of use of property (Q hospital and medical expenses Q general damage ®property damage in sum of $17, 140.66 Q loss of earning capacity Q other damage(specify): 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is fair, just, and equitable; and for aicompensatory damages ®(Superior Court) according to proof. [Q(Municipal and Justice Court) in the amount of Q other(specify): 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have one or more causes of action attached.) M Motor Vehicle Q General Negligence �]intentional Tort Q Products Liability ®Premises Liability Q Other(specify): EDGAR. H. HAYDEN., .JR. . . . . . . . . (Type or prutt name) (Signalwe!r1 plamtitt or alto ey) COMPLAINT—Personal Injury, Property Damage, Page three 2031-?43 L Rub 9821(1)(cont'n) Wrongful Death (Continued) CCP 42512 r — SHORT TITLE; CASE NUMBER: ALLSTATE VS. WOODRUFF , 8 0 Y 1st CAUSE OF ACTION—Premises Liability Page 4 (number) ATTACHMENT TO ®Complaint' (:::]Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff(name): Allstate Insyrance Co. , Inc - alleges the acts of defendants were the legal(proximate)cause of damages to plaintiff. On (dare): or about Jan 1 , 1983 plaintiff subrogor!s property at 9bOl= (d s ript' o/ remises and circumstances of injury): , Driftwoo� �t. El Spobrante in the above judicial district was damaged by landslide and conditions of drainage coming from defendants property above. plaintiff's subrogors property, to wit: -616 La Paloma, El Sobrante, California 94803 -626 La Paloma, E1 Sobrante, California 94803 - 15 McCormick Road, El Sobrante, California 94803 Prem.L-2. ®Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): ®Does I to XX Prem.L-3. Q Count Two—Willful Failure to Warn (Civil Code section 8461 The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Q Does to Plaintiff, a recreational user,was =an invited guest =a paying guest, Prem-L-4. Q Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): Q Does to a. Q The defendant public entity had =actual =constructive notice of the existence of the . dangerous condition In sufficient time prior to the Injury to have corrected it. b. M The condition was created by employees of the defendant public entity. Prem.L-5. a. M Allegations about Other Defendants The defenQants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): ®Does XXI to XXX b. = The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are Q described In attachment Prem.L-5.b =as follows(names): Form Approved by IM Judcw Councll 01 Cdllomir E"ecokle pie0a5i CAUSE OF ACTION—Premises Llability CCP 425.12 RECUIV 19P MAR 3 1986 RD 1 EDWARD T. ROBERT L. COLLINS, ESQ. FEB 14198E LJ 2 GREVE, CLIFFORD, DIEPENBROCK & PARAS J. R. OLS$ON, County Clerk 1000 "G" Street, Suite 400 CONTRA COSTA COUNTY Post Office Box 2469 pY Sacramento, California 95811-2469 �''P°1y j 4 Telephone: (916 ) 443-2011 5 Attorneys for Defendant ROBERT SHEETS 6 lam' 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 ALLSTATE INSURANCE COMPANY, ] INC. , } 12 ] Plaintiff , ] No. 280785 13 ] VS. ] ANSWER TO COMPLAINT 14 ] DENNIS C. WOODRUFF, et al . , ] 15 J Defendants . J 16 ] 17 COMES NOW Defendant, ROBERT SHEETS, and in answer to 18 the allegations of the Unverified Complaint on file herein, 19 admits, denies, and alleges, as follows: 20 1 . Under Code of Civil Procedure Section 431 .30 (x) , 21 this answering Defendant denies each and every allegation in said 22 Complaint, and each part thereof, both generally and specifically 23 and in this connection denies that Plaintiff has been damaged in 24 the sum or sums therein alleged , or in any other sum or sums, or 25 otherwise, or at all , and further specifically denies that said 26 Plaintiff is entitled to any relief whatsoever from this 1 answering Defendant. 2 AS AND FOR SEPARATE, DISTINCT, AND AFFIRMATIVE 3 DEFENSES TO THIS COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION 4 CONTAINED THEREIN, DEFENDANT ALLEGES AS FOLLOWS: 5 1 . The Unverified Coffiplaint herein, and each and every 6 cause of action thereof, fails to state facts sufficient to 7 constitute a cause of action against this answering Defendant. 8 2 . Defendant is informed and believes, and thereon 9 alleges , that said damages sustained by Plaintiff, if any there 10 were, were proximately contributed to, or caused by, carelessness, 11 negligence, fault, or in some manner, by persons, corporations, 12 or other entities other than this answering Defendant, for whom 13 this answering Defendant is not legally responsible. 14 3 . This answering Defendant is informed and believes, 15 and thereon alleges, that Plaintiff 's insureds, were themselves 16 careless and negligent in and about the matters alleged in the 17 Complaint, and that said carelessness and negligence on the part 18 of Plaintiff 's insureds proximately contributed to or caused', the 19 happening of the accident, injuries and damages complained thereoJ , 20 if-a.ny there were, and said negligence on the part of said 21 Plaintiff 's insureds shall diminish any recovery by Plaintiff 22 herein, in direct proportion to the extent of negligence under th( 23 doctrine of comparative negligence as set forth in the Li v. 24 Yellow Cab (1975) 13 Cal .3d 804 . 25 4 . This answering Defendant alleges that Plaintiff 's 26 insureds failed to mitigate their damages . -2- 1 5 . This answering Defendant alleges that Plaintiff ' s 2 insureds knew, or should have known, the risks and dangers _ 3 involved, and that said Plaintiff 's insureds voluntarily, and - --. 4 with knowledge, assumed the risks and dangers involved, and that 5 its assumption was the sole, proximate cause of the injuries and 6 damages allegedly sustained by Plaintiff ' s insureds, if any there 7 were, and for which Plaintiff paid to their insureds . 8 6 . This answering Defendant alleges that he is the 9 successive owner of the property as described in the Complaint, 10 and prior to being served with the Complaint in this action, had 11 no notice or knowledge of the nuisance alleged in Plaintiff ' s 12 Complaint. 13 7 . Defendant alleges that the Complaint, and each caus 14 of action therein, is barred by the provisions of the statute of 15 limitations, in particular, but not restricted to Code of Civil 16 Procedure Section 340 and Section 343 . 17 8 . Defendant alleges that the Complaint, and each 18 cause of action therein, is barred by the provisions of the 19 statute of limitations, in particular, but not restricted to Code 20 of v.C-'.vil Prc;ced.ure Section 338 . 21 9 . Defendant alleges that said activity was permissibl 22 under County/City ordinances and completed under permit. 23 WHEREFORE, Defendant prays for judgment as follows: 24 1 . That the Complaint, and each alleged cause of 25 action contained therein be dismissed; 26 2 . That this Defendant recover his costs of suit -3- 1 incurred, including attorney 's fees; and 2 3 . For such other and further relief as the Court 3 deems just and proper. 4 DATED: February , 1986 . 5 GREVE, CLIFFORD, DIEPENBROCK & PARAS 6 7 By ROBERT L. COLLINS 8 Attorneys for Defendant ROBERT SHEETS 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -4- PROOF OF SERVICE BY MAIL • 2 1 , the undersigned , say: . .3 1 am a citizen of the United States and a resident of the .4 county aforesaid; I am over the age of eighteen years and not a 5 party to the within entitled action; my business address is 6 1000 G Street , Suite 400 , Sacramento, California 95814. On 7 February 19 86 1 served the within 8 ANSWER TO COMPLAINT 9 10 11 on the parties in said action , by placing a true 12 copy thereof enclosed in a sealed envelope with postage thereon 13 fully prepaid , in the United States mail at Sacramento , 14 California addressed as follows : 15 RICHARD A. CARDOZO, ESQ. 16 CARDOZOf NICKERSON, MARTELLIf CURTIS & ARATA. 17 1130 - .12th St. , Suite G 18 Modesto, CA 95353 19 20 21 22 1 , ALINE PERUSSE certify under penalty of 23 perjury, under the laws of the State of California , that the 24 foregoing is true and correct . 25 Executed on February 1986 , at Sacramento, 26 California . NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE -OF CLAIM TO: Robert L. Collins c/o Greve, Clifford, Diepenbrock & Paras P.O Box 2469 Sacramento CA 95811 Re: Claim of Robert R. Sheets Please Take Notice as follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 . 2 , or is otherwise insufficent for the reasons checked be'low: 1 . The claim fails to state the name and post office address of the claimaint. 2. .The claim .fails to state the post office address to/which the person presenting the claim desires notices to be sent . x 3 . The claim fails to state the daka*xptacaxmxxa:tkax circum- stances of the occurrence or transaction which gave rise to the claim asserted. (See #7) 4 . -.The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. 5 . The claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 6 . The claim is not signed by the claimant or by some person on his behalf. x 7 . Other:—You indicated the Complaint and Answer were to be incorporated by reference, and were attached, however, you failed to •attach said documents to your claim VICTOR J. TaES"IMAN, County Counsel By: `✓U��-� Deputy Odunty Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. 5§1012 , 1013a, 2015. 5; Evid.C. §§641, 664) My business address is the County Counsel ' s Office of Contra Costa County, Co.Admin. Bldg. , P.O. Box 69, Martinez, California 94553 , and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a j true cony of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it in an envelope (s) addressed as shown above (which is/are place (s) having delivery service by U.S. *1.�:�1) , which envelope (s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U. S. Mail at Martinez/Concord, Contra Ccsta County, California. certify under penalty of perjury that .the foregoing is true and correct. Dated: "\����� � �1�1� l0 at Martinez , California . r cc : Clerk of the Board of Supervisor (original) Administrator (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. C . §5910 , 910 . 2 , 910. 4 , 910 . 8) LAW OFFICES OF GREVE, CLIFFORD. DIEPENBROCK 8 PARAS 1000 G STREET, SUITE 400 POST OFFICE BOX 2469 SACRAMENTO, CALIFORNIA 95811-2469 CLAIRE H.GREVE EDWARD T.CLIFFORD OF COUNSEL (916) 443-2011 ANTHONY C.DIEPENBROCK GEORGE E.PARAS IRVING H. PERLU55 GERARD A.ROSE LAWRENCE A.WENCEL GORDON W.COOK WILLIAM C.BARRY GERALD R.JOHNSON(1897-1973) THOMAS S.KNOX RICHARD L.MANFORD GARY L.VINSON GARY SCOTT DECKER March 13, 1986 E.EARL SECHRIST III DENNIS W.RICHARDSON 1750 MONTGOMERY STREET LOUIS J.ANAPOLSKY JERILYN PAIK SAN FRANCISCO, CALIFORNIA 94111 JOHN M.LEMMON ROBERT K.POLLAK (415) 543-6564 BRADLEY R.LAPLSON STEFAN L.MANOLAKAS PAMELA A.BABICH SUSAN J,SHERIDAN REPLY TO SACRAMENTO DANIEL P.COSTA MAUREEN A.FALCONER LINDSAY R.BRACK RANEENE P. BEL15LE WILLIAM L.BAKER ROBERT L.COLLINS TELECOPIER DANAE A.PARAS PAUL C.KWONG (916) 441-7457 WILLIAM H.POE JANET BALLOU CERTIFIED MAIL - RETURN RECEIPT REQUESTED P 334 433 625 RECEIV, 1ED 10AR 14 1386 Board of Supervisors County of Contra Costa 'H.11 BATCHELOR ,Ezx 50 S Vllk'411CSIN �01 Room 106 'T� 4 651 Pine Street, r LOU, 444-Ai Martinez, California 94553 Re: Claim Against County of Contra Costa Claimant' s Name: Robert R. Sheets Gentlemen: I enclose herewith an original and one copy of a claim which is being submitted regarding the above-referenced claimant. Please return a conformed copy of this claim to this office in the envelope provided. Thank you. Very truly yours, TU+VkA 4-7,0 Kathleen Leahy Johnson Secretary to Robert L. Collins /klj Enclosures LAW OFFICES OF GREVE, CLIFFORD, DIEPENBROCK 8 PARAS 1000 C STREET, SUITE 400 POST OFFICE BOX 2469 CLAIRE H.GREVE EDWARD T.CLIFFORD SACRAMENTO, CALIFORNIA 95611-2469 OF COUNSEL ANTHONY C.DIEPENBROCK GEORGE E.PARAS (916) 443-2011 IRVING H. PERCUSS GERARD A.ROSE LAWRENCE A.WENGEL GORDON W.COOK WILLIAM C.BARRY GERALD R.JOHNSON(1897-1973) THOMAS S.KNOX RICHARD L.MANFORD GARY L.VINSON GARY SCOTT DECKER March 14, 1986 E.EARL SECHRIST III DENNIS W.RICHARDSON 1750 MONTGOMERY STREET LOUIS J.ANAPOLSKY JERILYN PAIK RANC15CO. CALIFORNIA 94111 JOHN M.LEMMON ROBERT K. POLLAK BRADLEY R.LARSON STEFAN L.MANOLAKAS � �`yT�� (415) 543-6564 PAMELA A.BABICH SUSAN J.SHERIDAN REPLY TO SACRAMENTO DANIEL P.COSTA MAU REEK A. FALCONER LINDSAY R. BRACK RANEENE P. BELISLE WILLIAM L. BAKER ROBERT L.COLLINS 14AR 14 1986 TELECOPIER DANAE A.PARAS PAUL C.KWONC (916) 441-7457 WILLIAM H.POE JANET BALLOU P .l E).1CHKlOR SL V k5 C • ,C:i$f v CLAIM AGAINST COUNTY OF CONTRA COSTA (California Government Code §910) 1 . Claimant' s Name and Post Office Address: Robert R. Sheets, 15 McCormick Road, E1 Sobrante, CA 95803. 2. Address for Notices in Connection with this Claim: Robert R. Sheets, c/o Greve, Clifford, Diepenbrock & Paras, Attention: Robert L. Collins, P.O. Box 2469, Sacramento, CA 95811-2469. 3 . Circumstances Giving Rise to the Claim: On January 16, 1986, claimant was served with a complaint entitled: Allstate Insurance Company, Inc. , Plaintiffs, vs. Dennis C. Woodruff and Becky L. Woodruff, George Malaney, Ann Malaney, Robert Sheets and Does I-XXX, Defendants Said complaint is a complaint for damages and subrogation (property damage/premises liability) . On or about February 13, 1986, claimant presented by the law firm of Greve, Clifford, Diepenbrock & Paras, filed an answer to the above-mentioned complaint. Copies of the complaint and defendant' s answer are attached hereto and are incorporated by reference as Exhibits "A" and "B" , respectively, and are incorporated by reference without admitting the truth of any of the allegations contained therein. GREVE'. CLIFFORD, DIEPENBROCK & PARAS The -complaint relates to damages allegedly sustained by the plaintiff' s insured, Alvin Narasaki, to which plaintiff has issued insurance policies to cover land and dwellings at 4601 Driftwood Court, E1 Sobrante, California. In this subro- gation action, plaintiff, Allstate Insurance Company, complains that they are entitled to compensation for damages to the subject property which they insure. Allstate alleges that damages have been sustained to the above-mentioned property, for which plaintiff has compensated their insured. Plaintiff claims that it is entitled to subrogation and for damages. Claimant Robert R. Sheets denies, and continues to deny, all liability in connection with the above-mentioned lawsuit. If it should be determined, however, that there was any liability on claimant' s part, such liability would be based on the primary and active conduct, negligence, strict liability, nuisance, or other acts or omissions of the County of Contra Costa. Said entity was negligent in inspection and/or maintenance of public property and a drainage easement; said entity allowed a nuisance to exist which had effects to adjacent land, and thereby causing damages; said entity has failed to provide facilities for control in handling of water which was allowed to concentrate and saturate the ground, causing the landslide complained of in the above-mentioned complaint. The said entity designed, constructed, operated, or maintained property owned or controlled by them in such a manner as to cause a dangerous condition resulting in the damage to the property of others as alleged in the above-mentioned complaint. Said condition, maintenance, and operation and control of said property by the County has existed at least since the spring of 1978 and continuing to the present. 4. General Description of the Obligation: Claimant, Robert R. Sheets, contends that County of Contra Costa is obligated to defend, indemnify, and hold harmless claimant, in the lawsuit referred to above, and if claimant somehow incurs liability to any plaintiff, claimant shall be entitled to contribution, comparative indemnity, equitable indemnity, and/or a portion of such liability. 5. Names of Public Employees Causing Injury: Unknown at the present time. GREVE, CLIFFORD, DIEPENBROCK & PARAS 6. - The Amount Claimed as of the Date of Presentation of this Claim: Claimant denies that plaintiff is entitled to any recovery or damages of any sum or sums whatsoever. Based on the stage of the above-mentioned case, the damages and/or expenses which might be incurred by this claimant in connection with said case cannot be reasonably estimated at this time. However, plaintiff in the above-mentioned lawsuit apparently seeks a minimum of $17,140.66 as their subrogation interest, excluding fees and costs. The extent of other claimed damages are unknown. In any event, if this claimant incurs any investigative costs, legal expenses, court costs or liability for damages, claimant claims reimbursement of the same from the County of Contra Costa. DATED: March , 1986 . GREVE, CLIFFORD, DIEPENBROCK & PARAS 71 By qkOBERT-L. ,COLLINS