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HomeMy WebLinkAboutMINUTES - 04221986 - 1.12 CUDI BOARD OF SU tVISORS OF CONTRA COSTA MUM CALIF'dMM And as the Board of ;;Commissioners of Contra Costa Housing Au ACTION Claim Against the County, ori bistrict ) NOTICE TO CLAD4W Ap r i 1 .2 2, 1986 governed by the Board of Supervisors, ) The copy of this document iMed 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: Cynthia Fuller) Attorney: Allan M. Tabor'' COU0' Ryan, Tabor &Tabor Address: 400 Oyster Point Rd. ,No. 203 MAR 2? ) �� So. San Francisco, CA 9408 Amount: By delivery to clerk on Martinez. GA v� $1, 000, 000. 00 Date Received: March 26, 1986 By mail, postmarked on Marr�,h 2G., 1986 Cert.# P 010 631 654 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of{ the above-noted claim. Dated: March 26, '1986 PHIL BATCHELOR, Clerk, By VRA Deputy a y Kilowles 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: eputy County Counsel 11 V 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 js a true and correct copy of the Board's Order entered in its minutes for this date. Dated: APR 2 2 1986 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 oonsult an attorney, you should do so immediately. il 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 2 19 PHIL BATCHELOR. Clerk, By �,v61,.r ,o , Deputy Clerk cc: County Administrator (2) - County Counsel (1) 1 RY;,,h, TAB0-7P, ,,& TABOO Attorneys at Law 2 400 Oyster I'loint Road, Jio. 203 So, San 1-rancisco, California 94080 3 (415) 5L9-3200 4 Attorneys for Claimant 5 6 7 8 CYNTHT "' FULLEI ,R .tl CLAIM FOR DjJ� �iAGES 9 Claimant, 13X ECEFIVED-p 10 VS . I T L .0 - MAR;Z(o 19do Pi C:01, TRS. CC,';Tj,. 1R."US11,G 12 AU T-TH,C;R I T Y PWL BATCHELOR CLERK BOARD OF SUPERVISORS 13 ON A COST . O. Deputy 6 V� 14 I.-v.Vq-!HIA FULLER presents her claiti, fo adages, pursuant to 15 Government Code Sections 905 and 910, as follows : 16 A . 11"ame and address of claimant: Cynthia Fuller, 1724 3rd 17 `'t . , Ri cbr.,-;ond , California. 18 P. of person to whom notices are to be sent : Ry an, 19 Tabor � Tabor, 4L0 Cyster Point Road, ho . 203, So . San Francisco, 20 California 94060. 21 C. Date, place and circumstances of the occurrence: Or. 22 Niarch 7, 1986, while visiting bet sister' s home, owned by the 23 above individuals, she fell in a bole which was directly in front 24 of the front door, causing the hereinafter described injuries . 25 D. Injuries and damages : Main injuries to the left sbouldei 26 and arm. 27 Public employe.es responsible: Unknown at this time. 28 RYAN.TABOR&TABOR ATTORNEYS AT LAW 4000YSTER POINT ROAD.NO.203 iOUTH SAN FRANCISCO,CA 94DBO (415)5893200 • A \ 1 F. Damages : 1 1 , 000,000.00. y I 2 PATF: March 21 , 1906 RYAS, TABOR & TABOR 3 By 4 AL4, 11, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RYAN,TABOR&TABOR ATTORNEYS AT LAW IOD OYSTER POINT ROAD.NO.203 SOUTH SAN FRANCISCO.CA 94080 (415)589-3200 HOUSING AIJTHORITY ' . of the COUNTY OF CONTRA COSTA 3133 Estudillo Street P.O. Box 2396 Martinez, California 94553 c=UE� �entral Administration March 27, 1986 196 (415)372.0791 MAR 2 ❑ Construction& Engineering (415)372-7308 ppi; pniCNE!OR ❑ Fiscal �i .Rt.?"i,f G Of ;Ui'ER.VI50R5 Acctg.& Financial Services CO ,'RA`O'?A CO' p u ......... (415)372-8134 p ❑ Housing Operations (415)372.7400 Clerk of the Board ❑ New Development (415)372-0796 Contra Costa County ❑ Special Projects 651 Pine Street (415)372-0796 Martinez,' CA 94553 Housing Offices ❑ 2102 Buchanan Road Attention: Anne Antioch,CA 94509 (415)7542565 Subject: Claim Against the Housing Authority ❑ 801 "J"Street CYNTHIA FULLER Antioch,CA 94509 (415)757-2925 ❑ 2425 Bisso Ln.,Suite 225 Concord,CA 94520 (415)687-8791 As we discussed, attached. i s the Claim for Damages we received today. ❑ 3133 Estudillo Street This may be a duplicate of the Claim you received on March 26, 1986. P.O. Box 2396 Martinez.CA 94553 Would you please let me know when this is calendared for the Board of (415)372-8621 Supervisors/Commissioners Agenda. ❑ 1601 N.Jade Street No. Richmond.CA 94802 (415)232.8492 Thanks. ❑ 4th& Rosemary Ln. Oakley,CA 94561 Sincerely, (415)625-2245 ❑ 875 EI Pueblo Avenue Pittsburg.CA 94565 (415)432-3523 ❑ 2 California Street ack i e Tillman Rodeo.CA 94572 (415)799-4476 Executive Secretary ❑ 52 Pueblo Avenue West Pittsburg,CA 94565 Attachment (415)458-3202 I 1 RYAN , TABOR & TABOR Attorneys at Law 2 400 Cyster point Road, ho. 203 So. San Francisco, California 94080 3 (415) 5L-9-3200 ECEI` EI"', 4 Attorneys for Claimant Nihil .1i 1��0 5 PHIL BATCHELOR CL K BOARD OF SUPERVISORS 6 CON COST O Deputy 7 8 CYAi Tj1T., FULLER, CLAIM FC'-:- D-J iA GLS 9 Claimant, 10 vs . 11 CCNTRil CCSTjI C(.)UNTY, CITY C?' 12 AUTHORITY . 13 14 CYNTHIA FULLER presents her claiiii for damaVes , pursuant to 15 Government Code Sections 905 and 91C, as fol-- ows : 16 A. Name and address of claimant: Cynz. ia Fuller, 1724 3rd 17 St. , F:ichmond, California. t8 E. Address of person to whom notices are to be sent : Ryan, 19 Tabor & Tabor, 400 Oyster Point Road , No . 2C; , Sc . San Francisco , 20 California 94050. 21 C . Date, place and circums zances o= t--- occurrence : 01- 22 March 7 , 1986, while visiting her sister' s r,:me, owned by the c 23 above individuals , she fell in a hole which ,:as directly in front 24 of the frcnt door, causing the hereinafter c--scribed injuries . 25 D. Injuries and damages : i':ain injuri__ to the left shoulde 26 and -arm . 27 E. Public employees responsible : Url-�..:wn at this time . 28 RYAN,TABOR d TABOR ATTORNEYS AT LAW 400 OYSTER POINT ROAD,NO 207 SOUTH SAN FRANCISCO.CA iKOW )415)50,}0200 1 F. Damages : <' 1 , 000,000.00, 2 DATE: March 21 , 1966 RYAI�, TA C-- TABOR 3 By _ 4 ALAN M . TABOR 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RYAN.TABOR&TABOR ATTOANE-S AT:.A* 40p OYSTEP°O.NT ROAD NO t0.'. SOUTH SAN FNANC.SCC {41515811 1200 11( pj t CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION April 22, 1986- Claim Against the County, or bistrict ) NOTICE TO CLAIMANT governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Goverrment Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Dorothy Jean Lewis, Pamela Jean Barram, Barbara Kaye Deborah Lynn Landes , Brenda Anne Lewis , Andrew Lewis Attorney: Walkup, Shelby, Bastian, rielodia, Kelly MAR 2 4 1986 and O'Reilly Address: 650 California St. , 30th floor Martinez, CA 94553 San Francisco, CA 94108 Amount: ATTN: Judith J. Rentschler By delivery to clerk on See section F on claim Date Received: March 21, 1986 By mail, postmarked on March 21 1986 Cert. ;' P 017 750 8 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 21, 1986 PHIL BATCHELOR, Clerk, Bykilles Q�puty 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). I ( ) Other: Dated: / By: c.c 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 00 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. DatedAPR 2 21986 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 tot 186 PHIL BATCHELOR, Clerk, By , Deputy Clerk DATED. O cc: County Administrator (2) County Counsel (1) CLAIM i WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & O-REILLY 650 California Street, 30th Floor San Francisco, California Attorneys for Claimants CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA: TO: Office of the County of Contra Costa: The following claim for damages made by and on behalf of Dorothy Jean Lewis, Pamela Jean Barram, Barbara Kaye Lewis, Deborah - Lynn Landes, Brenda Anne Lewis, and Andrew James Lewis against you, and each of you, the particulars of the claim being as follows : A. NAME AND POST OFFICE ADDRESS OF THE CLAIMANTS DOROTHY JEAN LEWIS ANDREW LEWIS 4236 Mt. View Avenue Oakland, CA 94605 PAMELA JEAN BARRAM 389 Vernon, Apt. 210 MA�� - - 'l-ucb Oakland, CA PHIL BATCHELOR BARBARA KAYE LEWI S , CLERK -OARD OF SUPz' SORS r, NTRA60ST O 1630 Rolando Ave. er�� w4ury San Leandro, CA DEBORAH LYNN LANDES 19174 Vaughn Castro Valley, CA BRENDA ANNE LEWIS 11305 Graham P1. , #7 Los Angeles, CA B. ADDRESS TO WHICH NOTICES ARE TO BE SENT WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & O'REILLY 650 California Street, 30th Floor San Francisco, California 94108 Attention: Judith J. Rentschler, Esquire C. DATE, PLACE AND OTHER CIRCUMSTANCES WHICH GIVE RISE TO THIS CLAIM 1. Claimants are the widow and children of John Frederick Lewis, deceased, who was killed in an airplane crash on December 23, 1985, at Sun Valley Mall in the City of Concord, i County of Contra Costa, State of California. 2. This claim is based upon a dangerous condition of public property maintained by the City of Concord, County of Contra Costa, to wit, Buchanan Field and/or Sun Valley Mall. D. DESCRIPTION OF DAMAGES 1. Claimant Dorothy Jean Lewis is the widow, and the remaining claimants are the children of John Frederick Lewis, deceased. As a result of the matters aforesaid, claimants have been deprived of a kind and loving husband and father. 2. As a further direct and proximate result of said matters and said accident, claimants have incurred funeral expenses and sustained economic losses, said losses are still continuing, and will continue in the future. E. EMPLOYEES CAUSING INJURIES AND DAMAGES Claimants do not at the present time know the names of the agents, servants or employees that caused said injuries and damages. F. AMOUNT OF CLAIM 1. Claimants claim general damages in the sum of FIVE MILLION DOLLARS ( $5, 000 ,000. 00 ) for the aforementioned losses. 2. Claimants claim special damages for funeral and burial expenses incurred by reason of the death of John Frederick Lewis in an amount presently unknown. DATED: 3- 1 �U G WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & O'REILLY BY 7IUD I T J. SCHLER WALKUP, SHELBY, BASTIAN MELODIA, KELLY & O'REILLY 650 California Street, 30th Floor San Francisco, California Attorneys for Claimants CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA: TO: Office of the County of Contra Costa: The following claim for damages made by and on behalf of Dorothy Jean Lewis, Pamela Jean Barram, Barbara Kaye Lewis, Deborah Lynn Landes, Brenda Anne Lewis, and Andrew James Lewis against you, and each of you, the particulars of the claim being as follows : A. NAME AND POST OFFICE ADDRESS OF THE CLAIMANTS DOROTHY JEAN LEWIS ANDREW LEWIS 4236 Mt. View Avenue Oakland, CA 94605 PAMELA JEAN BARRAM 389 Vernon, Apt. 210 Oakland, CA BARBARA KAYE LEWIS 1630 Rolando Ave. San Leandro, CA DEBORAH LYNN LANDES 19174 Vaughn Castro Valley, CA BRENDA ANNE LEWIS 11305 Graham PI. , #7 Los Angeles, CA B. ADDRESS TO WHICH NOTICES ARE TO BE SENT WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & OIREILLY 650 California Street, 30th Floor San Francisco, California 94108 Attention: Judith J. Rentschler, Esquire C. DATE, PLACE AND OTHER CIRCUMSTANCES WHICH GIVE RISE To THIS CLAIM 1. Claimants are the widow and children of John Frederick Lewis, deceased, who was killed in an airplane crash on December 23,', 1985, at Sun Valley Mall in the City of Concord, County of Contra Costa, State of California. 2. This claim is based upon a dangerous condition of public property maintained by the City of Concord, County of Contra Costa, to wit, Buchanan Field and/or Sun Valley Mall. D. DESCRIPTION OF DAMAGES 1. Claimant Dorothy Jean Lewis is the widow, and the remaining claimants are the children of John Frederick Lewis, deceased. As a result of the matters aforesaid, claimants have been deprived of a kind and loving husband and father. 2. As " a further direct and proximate result of said matters and said accident, claimants have incurred funeral expenses and sustained economic losses, said losses are still continuing, and will continue in the future. E. EMPLOYEES CAUSING INJURIES AND DAMAGES Claimants do not at the present time know the names of the agents, servants or employees that caused said injuries and damages. F. AMOUNT OF CLAIM 1. Claimants claim general damages in the sum of FIVE MILLION DOLLARS ( $5, 000 , 000. 00 ) for the aforementioned losses. 2. Claimants claim special damages for funeral and burial expenses incurred by reason of the death of John Frederick Lewis in an amount presently unknown. DATED: 3- 17 8G WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & O'REILLY By JUDIT J. SCHLER CLARK BOARD ofSUPE1VISORs of OONTRA COSTA OOUNTY, CALIFbRNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIIKANT April 22, 1986^ governed by the Board of Supervisors, ) The copy oft s 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 "Warnings". Claimant: Kunjavadan Shah, Tushar Shab, Mwoorari Shah Attorney: Thomas G. Smith Count, C,,nnseti Sterns , Smith, Walker & Grell Address: 280 Utah St. MA San Francisco, CA 94103 �p94553 Amount: See section 6 of claim By delivery to clerk on � aim ='Y Ma Date Received: March 26, . 1986 By mail, postmarked on March 91 , 1 ARF, Cert_e- P 616 155 856 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 26, 1986 PHIL BATCHELOR, Clerk, By Deputy Cat 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) C unty 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 th�S date. Dated: APR 2 2 Woo 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 2 3 1966 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM 'a Law Offices Of Stems,Smith,Walker E Grell 280 Utah Street San Francisco,California 94103 Gerald C.Stems (415)626.1000 Thomas G.Smith Telex 67 543 GCS SFO Fjizabeth W Walker March 24, 1986 Walter H.Walker III Christopher I?Grell Jeanette K.Shipman James Paul Collins Virgil James Wilson Ill Ce r t i f i e d Mail Shelley L.Coleman P 616 155 8 56\ To: Board Of Supervisors _ County of Contra. Costa CEI��-+ 651 Pine Street, Room 106 Martinez, California 94553 MAR 1986 Res Shah-Concord Crash ---- PHIL BATCHELOR ,ALERK B D O S PER ISO CLAIM AGAINST THE CITY OF CONCORD By .. . PLEASE TAKE NOTICE that pursuant to the provisions of the Government Code of the State of California, this claim is hereby presented to you, and each of you, as follows: 1. NAMES AND ADDRESSES OF CLAIMANTS: Kunjavadan Shah 1605 Riviera Avenue Walnut Creek, California 94596 Tushar Shah 13547 Joaquin Drive Cerritos, California 90701 Mwoorari Shah 1605 Riviera Drive Walnut Creek, California 94596 2. ADDRESS TO WHICH ALL CORRESPONDENCE AND NOTICES RELATING TO THIS CLAIM ARE TO BE SENT: Thomas G. Smith Law Offices of Sterns, Smith, Walker & Grell 280 Utah Street San Francisco, California 94103 Telephone : ( 415) 626-1000 3 . GENERAL DESCRIPTION OF THE CIRCUMSTANCES GIVING RISE TO THIS CLAIM: Hawaii Office: Stems and Ingram,Grosvenor Center,Honolulu 96813 (808)5281900 Claim Again;t County of Contra Costa March 24, 1986 Page 2 Re: Shah v. Concord On December 23, 1985, at approximately 8 : 30 p.m. a Beechcraft Baron aircraft owned and operated by James M. Graham crashed into Sun Valley Shopping Center in the City of Concord, County of Contra Costa, California. The pilot had been attempting to land his aircraft at Buchanan Field Airport, in Contra Costa County. Claimants are informed and believe that the City of Concord and the County of Contra Costa allowed the Sun Val- ley Shopping Center to be built at a height and in such proxiinity to Buchanan Field Airport as to violate Federal Aviation Administration Regulations and Advisory Circulars and in violation of limitations, city, county, state and generally accepted, on heights of buildings near airports; failed to require obstruction lights on the Sun Valley Shopping Center building, or failed to inspect them for proper operation, thereby creating a dangerous condition to visitors of the' shopping center and pilots, and passengers of aircraft taking off from and landing at Buchanan Field Airport. Furthermore, claimants are informed and believe that Buchanan Field Airport is fully owned and operated by the County of Contra Costa, which failed to require installation of an instrument landing system, when it was known that such, a system was necessary due to weather conditions in the area and failed to establish landing ceiling and visibility limitations for foggy weather conditions that could reasonably be expected to be encountered by pilots using the airport. These lapses and failures of both the City of Concord and the County of Contra Costa were causes of the aircrash at Sun Valley Shopping Center on December 23, 1985. 4. GENERAL DESCRIPTION OF THE INJURIES, DAMAGES AND LOSSESINCURRED BY CLAIMANTS SO FAR AS THEY ARE KNOWN AT THE TIME OF THE PRESENTATION OF THIS CLAIM: Claimant Kunjavadan Shah and his wife Chandrika Shah were at Sun Valley Shopping Center at the time of the crash on December 23, 1985. Both suffered severe personal inju- ries as a result of the accident, including serious thermal burns, for which hospitalization was necessary. Additional- ly, a beam fell on Chandrika' Shah, resulting in internal injuries. She died on January 7, 1986 as a result of her injuries. Claimant Kunjavadan Shah thus sustained general and special damages for his own physical injuries, as well as damages for the wrongful death of his wife. Claimants Claim Against County of Contra Costa March 24, 1986 Page 3 Re: Shah v. Concord Tushar Shah and Mwoorari Shah are the natural children of Kunjavadan Shah and Chandrika Shah, and have sustained dam- ages for the wrongful death of their mother. 5. NAMES OF PUBLIC EMPLOYEES INVOLVED: The names of any public employees involved are not known by claimants at the present time. 6. AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF THIS CLAIM: Wrongful Death of Chandrika Shah $2, 000,000 .00 General Damage for Personal Injuries $500, 000. 00 To Kunjavadan Shah Loss of Income by Kunjavadan Shah Amount presently unknown Special Damages for Medical Expense, Funeral Expense, and other Medical Expenses as May be Required and Claimed $150, 000 .00 by Claimants To date and will rise in future Estimated Prospective damages for lost wages, loss of consortium, future medical care and hospitalization are un- known at this time. Claimants attorneys are authorized to present this claim on behalf of claimants . DATED: j� '00- LAW OFFICES OF STERNS, SMITH, WALKER & GRELL By THOMAS ITH . Attorney for Claimants LAW OFFICES OF BORIS E. EFRON 724 Oak Grove Avenue, Suite 120 Menlo Park, California 94025 y CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 22, 1986' governed by the Board of or 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 Claimant: Kimberly Ann Madero s .4- and 915.4. Please note all "Warnings". Mario Molina, Jr. County Counk ! Attorney: Walkup, Shelby, Bastian, Melodia, Kelly & O'Reilly MAR 2 4 1986 Address: 650 California St. , 30th Floor San Francisco,, CA 94108 glad i. mez, CA 91553 Amount: See Section Fon Claim By delivery to clerk on Date Received: March 21, 1936 By mail, postmarked on March 20, 1986 Cert.# P 193 888 812 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of� the above-noted claim. Dated: March 21, 198(PHIL BATCHELOR, Clerk, By 01 Deputy Z_aThyKowes 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: w c.,t,C.G t��J 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: A p R 12 1986 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: AR R 2 4 4261,_PHIL BATCHELOR, Clerk, ByL(vsmo , Deputy Clerk cc: County Administrator (2) County Counsel. (1) CLAIM 'tWALKUP, SHELBY, BASTIAN, MELODIA, KELLY & O'REILLY 650 California Street, 30th Floor San Francisco, California i Attorneys for Claimants CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA: TO: Office of the County of Contra Costa: The following claim for damages made by and on behalf of Kimberly Ann Maderos and Mario Molina, Jr. against you, and each of you, the particulars of the claim being as follows: A. NAME AND POST OFFICE ADDRESS OF THE CLAIMANTS KIMBERLY ANN MADEROS MARIO MOLINA, JR. 3712 Willow Pass Road, #26 Concord, CA 94521 (T� B. ADDRESS TO WHICH NOTICES ARE .TO BE SENT ����•-�I�7ET13" al WALKUP, SHELBY, BASTIAN, fY N11 I i b MELODIA, KELLY & O'REILLY 650 California Street, 30th Floor rHIL[IATCHELOR CLERK BOARD OF SUPERVISORS San Francisco, California 94108 yr}RT1ONTRtCOSTAC . B ..4 Deputy ' Attention: Judith J. Rentschler, Esquire 4 C. DATE, PLACE AND OTHER CIRCUMSTANCES WHICH GIVE RISE TO THIS CLAIM 1. On December 23, 1985, claimants sustained severe personal injuries as a, result of an airplane crash at the Sun Valley Mall in the City of Concord, County of Contra Costa, State of California. 2. This claim is based upon a dangerous condition of public property maintained by the City of Concord, County of Contra . Costa, to wit, Buchanan Field and/or Sun Valley Mall. D. DESCRIPTION OF DAMAGES 1. Kimberly Ann Maderos and her minor son, Mario Molina, Jr. , sustained severe and disabling burns which necessitated extensive hospitalization and treatment, causing extensive scarring, pain and suffering, and disability. 2. As a direct and proximate result of said matters and injuries, plaintiffs have incurred medical expenses and wage losses, said expenses are still continuing, and claimants 4 allege upon information and belief that they will continue in the future. E. EMPLOYOES CAUSING INJURIES AND DAMAGES Claimants do not at the present time know the names of the agents, servants or employees that caused said injuries and damages. F. AMOUNT OF CLAIM 1. Claimants claim general damages in the sum of FIVE MILLION DOLLARS ( $5, 000, 000. 00 ) for the aforementioned losses for each claimant. 2. Claimants claim special damages for medical care and wage losses in an amount presently unknown. DATED: WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & O'REILLY C VA97-- By JUDIT J. NTSCHLER CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA CO(NTY, CALIFORNIA BOARD ACTION Claim Against the County, or ;District ) NOTICE TO CLAIMANT April 'L2, 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: William Larson, William R, Larson, Jr. , COu�t C Kurt Larson, Scott F. Buchanan Y Olnsel Attorney: Walkup, Shelby, Bastian, Melodia, Kelly & O'Reilly MAR 2 4 1986 Address: 650 California;; St. , 30th Floor Martinez, CA, 94553 San Francisco CA 94108 Amount: See Section F on Claim By delivery to clerk on Date Received: March 21, 1986 By mail, postmarked on March 20. 1986 Cert.# P 017 750 896 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of °the above-noted claim. Dated: March 21, 1986 PHIL BATCHELOR, Clerk, By C� Deputy CahyKo�ales 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 911.31. ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) ounty 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 fir this date. Dated: HHtt'' 219M 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 2 4 JqRFL PHIL BATCHELOR, Clerk, By e , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM a WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & O'REILLY 650 California Street, 30th Floor San Francisco, California Attorneys for Claimants CLAIM FOR .DAMAGES AGAINST THE COUNTY OF CONTRA COSTA: TO: Office of the County of Contra Costa: The following claim for damages made by and on behalf of William Larson, Scott F. Buchanan, William R. Larson, Jr. , Kurt A. Larson against you, and each of you, the particulars of the claim being as follows : A. NAME AND POST OFFICE ADDRESS OF THE CLAIMANTS WILLIAM LARSON WILLIAM R. LARSON, JR. KURT A. LARSON 3330 Hillside Terrace Lafayette, CA SCOTT F. BUCHANAN 5426 Northridge Road RECEIVED Eureka, CA 95501 1l B. ADDRESS TO WHICH NOTICES ARE TO BE SENT PHIL 13ATCHELO'1 WALKUP, SHELBY, BASTIAN, CLERK�:OA o OF SUPERVISORS MELODIA, KELLY & O'REILLY I t coNT COSTA qO g ,�_ JCti7 Deputy 650 California Street, 30th Floor San Francisco, California 94108 Attention: Judith J. Rentschler, Esquire C. DATE, PLACE AND OTHER CIRCUMSTANCES WHICH GIVE RISE TO THIS CLAIM 1 . Claimants are the husband and children of Patricia Larson, deceased, who died as a result of injuries sustained on December 23 , 1985, when an airplane crashed into the Sun Valley Mall in the City of Concord, County of Contra Costa, State of California. 2 . This claim is based upon a dangerous condition of public property maintained by the City of Concord, County of Contra Costa, to wit, Buchanan Field and/or Sun Valley Mall. D. DESCRIPTION OF DAMAGES 1. As a direct and proximate result of said conditions and accident, claimants have been deprived of a kind and loving wife and mother. 2. Claimant, William Larson, as administrator of the estate of Patricia Larson, claims pre-death medical expenses, and funeral and burial expenses for Patricia Larson, who died February 14, 1986 as a result of the injuries sustained. E. EMPLOYEES CAUSING INJURIES AND DAMAGES Claimants do not at the present time know the names of the agents, servants or employees that caused said injuries and damages. F. AMOUNT OF CLAIM 1. Claimants claim general damages in the sum of FIVE MILLION DOLLARS ( $5, 000,000. 00 ) for the aforementioned losses and death. 2 . Claimants claim special damages for medical care, funeral and burial expenses in an amount presently unascertained. DATED: 3 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & OIREILLY By JUDI J.U/RtNTSCHLER \'1 L CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT Anr i1 22, 198 6 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: Sue Trice, Jared Trice, Jim _Trice C'3LnSe1 CDUBtY Attorney: Walkup, Shelby, Bastian, Melodia, Kelly A ASB6 & O'Reilly Address: 650 CalifrniSt. , Ste.iscoa 3030 �at(1eZ,CP 14,05353 San FrancCA 94108 Amount: See Section F of claim. By delivery to clerk on Date Received: March 20, 1986 By mail, postmarked on March 19 , 1986 _ 1 Cert.4PP 017 750 724 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 21, 1985PHIL BATCHELOR, Clerk, By �t,a "� o Deputy a hyKnwes II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) (�1 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 minles or date. Dated: PR 2 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 2. A 19M PHIL BATCHELOR,:Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM WALKUP, SHELBY, BASTIAN, ' MELODIA, KELLY & O'REILLY 650 California Street, Suite 3030 San Francisco, CA 94108 Attorneys for Claimants CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA TO: Office of the County of Contra Costa The following claim for damages made by and on behalf of Sue Trice, Jared Trice and Jim Trice against you, and each of you, the particulars of the claim being as follows : A. NAME AND POST OFFICE ADDRESS OF THE CLAIMANT RECEIVED TRICESUE JAREDTRICE I�. �0 1986 JIM TRICE PHuBATOW0R •1856 Carlotta Drive C T oc°OST cR �s Concord, CA 94516 e B. ADDRESS TO WHICH NOTICES ARE TO BE SENT WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & O'REILLY 650 California Street, Suite 3030 San Francisco, CA 94108 . Attn: Judith J. Rentschler, Esq. C. DATE, PLACE AND OTHER CIRCUMSTANCES WHICH GIVE RISE TO '�THIS CLAIM 1. Claimants Sue Trice and Jared Trice were in or near the Sun Valley Mall located in the City of Concord, County of Contra Costa, State of California when an airplane crashed into said mall on December 23, 1985 . 2 . These claims are based upon a dangerous condition of public property maintained by the City of Concord, County of Contra Costa, to wit, Buchanan Field and/or Sun Valley Mall. D. DESCRIPTION OF DAMAGES 1. Claimant Sue Trice received multiple burns about her body and injury to the adjacent nerves, muscles, ligaments and soft tissues including but not limited to psychological injuries. 2 . Claimant Jared Trice received multiple burns about his body and injury to the adjacent nerves, muscles, ligaments and soft tissues including but not limited to psychological injuries. 3 . Claimants Sue Trice and Jim Trice at all times herein were the parents of Jared Trice actually and personally witnessed the aforesaid airplane crash and injuries sustained by their son, claimant Jared Trice. As a proximate result thereof, claimants Sue Trice and Jim Trice sustained emotional disturbance and shock and injury to their nervous system, all of which has caused, and continues to cause claimants Sue Trice and Jim Trice physical and mental pain and suffering. 4 . Claimants Sue Trice and Jim Trice are the parents of said minor Jared Trice and as such have become obligated to pay the reasonable value of services of physicians, x-ray technicians and other services required in the care and treatment of said minor claimant Jared Trice to date and will in the future become obligated to pay for additional services as a result of the injuries suffered by said minor claimant as aforesaid. 5. Claimant Jim Trice is the husband of claimant Sue Trice and as stated herein Sue Trice was caused to and did sustain certain personal and bodily damages . By reason of the premises claimant Jim Trice has suffered, and is reasonably certain to suffer in the future, loss of his wife ' s love, companionship, comfort, affection, society, solace and moral support; and loss of her physical assistance in the operation and maintenance of the home, and claimant Jim Trice has been deprived of his rights of consortium as a proximate result of the aforesaid dangerous condition of public property. E. EMPLOYEES CAUSING INJURIES AND DAMAGES Claimants do not at the present time know the names of the agents, servants or employees that caused said injuries and damages . F. AMOUNT OF CLAIM Claimants claim general and special damages as follows : 1 . Claimant Sue Trice for damages sustained as described in D-1, FIVE MILLION DOLLARS ( $5 , 000, 000 ) . 2 . Claimant Jared Trice for damages sustained as described in D-2 , FIVE MILLION DOLLARS ( $5, 000, 000 ) . 3 . Claimants Sue Trice and Jim Trice for damages sustained as described in D-3 , . FIVE MILLION DOLLARS ( $5, 000 ,000 ) . 4. Claimants Sue Trice and Jim Trice for the damages described in D-4 as aforesaid, FIVE MILLION DOLLARS ( $5, 000, 000 ) . 5 . Claimant Jim Trice for damages sustained in D-5 , FIVE MILLION DOLLARS ( $5, 000 , 000 ) . DATED: March 19, 1986 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & O'REILLY r BY �a,� B,A T�A�,SJR. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or, District ) NOTICE TO CLAIMANT April 22, 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: Wendy Guadagni ^.;,t'nty Counsel Attorneyt Richard A. Seltzer Cartwright, Sucherman & Slobodin MAR 2 .11986 Address: 101 California Street, #2600 San Francisco, CA 94111 Hand delivered N UA 94553 Amount: $10,000,000. 00 By delivery to clerk on March 19.1110l�' ' Date Received: March 19, 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. Dated: March 21, 19' By BATCHELOR, Clerk, By Deputy 4ahy Kn tyles 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 (X ) This claim is rejected in full. ( ) Other: I certify that this 1s a true and correct copy of the Board's Order entered in its minutes for this date. Dated: APR 2 2 1986 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 2 4 1886 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CLAIM TO: BOARD OF Si;PERVTSORS. OF CONTRA CC**QWXapplication to: Instructions to ClaimantVerk of the Board • �SiP,., e Sf., dio6 Martinez.California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the, 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, -Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end his form. RE: Claim by ) Reserved for Clerk's filing stamps WENDY GUADAGNI ) Against the COUNTY OF CONTRA COSTA) MAR tq 19w,6 or DISTRICT) PHIL BATCHELOR K130 D OF SUPE V$ORS (Fill 1n name ) CON COSTA 0 Ely— eputy The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 10 , 000 , 000 . 00 and in support of this claim represents as follows: ----------------------------------------------------------------our) -- 1. When did the damage or injury occur? (Give exact date and hour) December 23, 1985, at approximately 8 : 30 p.m. ------�.----T--------- -------------------------------------------------- 2. Where dzd the damage or injury occur? (Include city and county) Sun Valley Mall in Concord,California and Buchanan Field Airport -T------------------g----- ------------------------------r--------------- 3. How did the dama a or injury occur? (Give full details, use extra sheets if required) SEE ATTACHED SHEET --- p -- -zi-6-----------What a-rticular act or omission on. the part of county or district officers , servants or employees caused the injury or damage? See #3 - attached. (over) 5. _ ' ghat are the names of colanty~or district officers, servants or employees causing the damage or injury? Not currently known, identified in this claim as Does 300 to Doe 350 ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries .or damages claimed. Attach two estimates for auto damage) Severe burns over various portions of her face and body and other serious personal injuries and consequential -------injuries-therefrom. _ 7. How was the amount claimed------above------computed?-----------(Include---------the---estimated------------ amount of any prospective injury or damage. ) Estimate. ' ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Investigation is underway ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Investigation is underway Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by soipe pp-rson on his behalf. " Name and Address of Attorney Lxdd� RICHARD A. SELTZER, ESQUIRE Cla ' ant' s gna ure CARTWRIGHT, SUCHERMAN & SLOBODIN 2062 Palm Avenue 101 California Street - #2600 Address San Francisco, California 94111 Upland, Ca. 91786 Telephone No. 415/433-0440 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. " 3 . How did the damage or injury occur? Y The City of Concord/County of Contra Costa negligently ' permitted and ratified the building and continued operation of the Sun Valley Mall, a populated shopping area, too close to Buchanan Field Airport and in the path of established flight, landing and aborted landing patterns at Buchanan Field Ariport; negligently permitted planes attempting to land at Buchanan Field Airport to come too close to the mall; negligently failed to properly supervise and control flights and landings; negligently failed to properly supervise operations of Buchanan Field Airport; negligently permitted landings under fog conditions ; negligently failed to maintain sufficient flight controller operations; and negligently permitted planes to land on December 23 , 1985, under dangerous conditions without proper monitoring or flight controller direction and guidance. The City' s negligence in this regard was a proximate cause of the burns and other personal injuries and consequential injuries therefrom suffered by Wendy Guadagni , in that it was a cause of the crash on December 23, 1985 of a Beechcraft plane into the mall. The identity of the specific individuals involved are at this time unknown. However, it is believed and herein alleged that employees of the City of Concord and the County of Contra Costa committed the acts above mentioned in the course and scope of their employment, and that the City of Concord/County of Contra Costa is responsible under principles of negligence and strict liability. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAMW Ap r i 1 22 , 1986 governed by the Board of Supervisors, ) The copy of t s ocument led to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Sal Cicero COunty CoLRS21 Attorney: Anthony R. Brookman Brookman & Hoffman, Inc . MAR 2 7 1986 Address: 1990 N. California Blvd. Ste. 740 Walnut Creek, CA 94596 Hand delivered Martinez, CA 94553 Amount: See section F of claim By delivery to clerk on March 25, 1986 Date Received: March 25, 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. Dated: March 26, 1986 PHIL BATCHELOR, Clerk, By Deputy - a y Mowles 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: eputy 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). wafflum 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. (� `' p Dated: PR 2 EL 21986 PHIL BATCHELOR, Clerk, By 1i0�- L, � 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: AR R 2 A 19 _PHIL BATCHELOR, Clerk, By0_ , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM ^� IVED 1rH GATCH-EL0R CLAIM AGAINST COUNTY OF CONTRA COSTA CLEA p RA 0$T PEROUIS S 3 (a) Name and address of claimant: Sal Cicero 39 4 Cor car 9 519 5 (b) Send all notices to: 6 BROOKPIAN & HOFFMAN, INC. MAR as 1986 1990 N. California Blvd. PHIL BATCHELOR 2ERK BOAM OF SUPERVISORS 't Suite 740 c0"T c. .... f Walnut Creek, Ca. 94596 B S (c) Date of occurrence: December 23 , 1985 9 Place of occurrence: Sun Valley Shopping Center, 10 aka The Sun Valley Mall, City of Concord, County of Contra Costa, State of California. 11 (d) Circumstances of occurrence: Claimant was present upon the premises of the Sun Valley 12 Shopping Mall when a plane destined for the Buchanan Field Airport crashed into the interior of the mall, and into the 13 vicinity of the claimant; that the County of Contra Costa was negligent in allowing and planning an airfield and landing 14 strip and air traffice pattern within the close proximity of a shopping mall. 15 (e) General description of injury, damage, or loss incurred: Personal injuries to head, neck, back and right knee. Surgery 16 anticipated. (f) Amount of claim and basis of computation: 17 Medical expenses; personal expenses; loss of income; General 18 Damages in the amount of $500,000.00. 19 DATED: 20 March 24, 1986 21 Claimant BROOKIMAN & HOFFMAN SALVATORE CICERO 22 BY: 23 t-thtor ys for Claimant 24 An-Ke i t gf°a° copy of the within claim is hereby 25 acknowledged this day of , 19 26 BROOKMAN a HO"MAN ATrORHtra AT LAW �► l MAR 2 7 1986 CLAIlK Martinez, CA 94553 BOARD OF SOPERVIsORS OF CONTRA OOSTA couirrr, CALIFORNIA BOARD ACTION Claim Against the County, or District NOTICE 10 CLAMANT April 22, 1986 governed by the Board of Supervisors, ) The copy of—thEii-d6cument—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". i Claimant: Roberti.-F. Oliver,Nancy E. . Oliver, Kimberly Ann Oliver,Colby Michelle Oliver, Shawn Steven Oliver, Shannon Christina Oliver, Shea E. Oliver Attorney: Thomas G. Smith Law Offices of Sterns, Smith, Walker & Grell Address: 280 Utah Street San Francisco, CA 94103 Amount: $1, 000, 000. 00+ By delivery to clerk on Date Received: March 25, 1986 By mail, postmarked on Cert. # P 616 155 85 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: PZarch 26, 1986 PHIL BATCHELOR, Clerk, By Deputy - -Z-a-thy IKn les II. FROM: County Counsel T0: 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: puty County Counsel III. FROM: Clerk of the Board TO: (1) C unty 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 00 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 2 2 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: APR 2 41986 PHIL BAT00,OR, Clerk, By , Deputy Clerk ca: County Administrator (2) County Counsel (1) Law Offices O Stems,Smith,Walker &Grell 280 Utah Street Gerald C.stems San Francisco,California 94103 (415)626.1000 Thomas G.Smith March 24, 1986 Telex 67 543 GCS SFO Elizabeth W.Walker Walter H.Walker Ill Christopher E.Greif Jeanette K Shipman, Certified Mail James Paul Collins Virgil James Wilson III P 616 15 5 853 Shelley L Coleman To: Board Of Supervisors County of Contra Costa 651 Pine S'treet, . Room 106 Martinez, California 94553 Re: Oliver - Concord Crash CLAIM AGAINST THE CITY OF CONCORD PLEASE TAKE NOTICE that pursuant to the provisions of the Government Code of the State of California, this claim is hereby presented to you, and each of you, as follows: 1. NAMES AND ADDRESSES OF CLAIMANTS: Robert F. Oliver, Father Nancy E. Oliver, Mother RKEIVED Kimberly Ann Oliver, Sister MAR X386 Colby Michelle Oliver, Sister PHILOATCHELOR r,�CLEFJMOARC NTRMU:Uty Shawn Steven Oliver, Brother e Shannon Christina, Sister Shea E. Oliver, Brother 58 St. Andrews Lane Alamo, California 94507 Hawaii Office: Stems and Ingram,Grosvenor Center,Honolulu 96813 (808)528-1900 RECEIVED MAR 2T1986 Claim Against County of Contra Costa March 24, 1986 PHIL BATCHELOR Page 2 &LEIAKARD RACTA ERVISO S By Re: Oliver v. Concord 2. ADDRESS TO WHICH ALL CORRESPONDENCE AND NOTICES RELATING TO THIS CLAIM ARE TO- BE SENT: Thomas G. Smith Law Offices of Sterns, Smith, Walker & Grell 280 Utah Street San Francisco, California 94103 Telephone : (415) 626-1000 3. GENERAL DESCRIPTION OF THE CIRCUMSTANCES GIVING RISE TO THIS CLAIM: On December 23, 1985, at approximately 8: 30 p.m. a Beechcraft Baron aircraft owned and operated by James M. Graham crashed 'into .Sun Valley Shopping Center in the City of Concord, County of Contra Costa, California. The pilot had been attempting to land his aircraft at Buchanan Field Airport, in- Con'tra Costa County. Brian Ward Oliver was a passenger in thBaron and was killed in the crash. Claimants are informed and believe that the City of Concord and the County of Contra Costa allowed the Sun Val- ley Shopping Center to be built at a height and in such proximity to Buchanan Field Airport as to violate Federal Aviation Administration Regulations and Advisory Circulars and in violation of limitations, city, county, state and generally accepted, on heights of buildings near airports; failed to require obstruction lights on the Sun Valley Shopping Center building, or failed to inspect them for. proper operation, thereby creating a dangerous condition to visitors of the shopping center and pilots, and passengers of aircraft taking off from and landing at Buchanan Field Airport. Furthermore, claimants are informed and believe that Buchanan Field Airport is fully owned and operated by the County of Contra Costa, which failed to require installation of an instrument landing system, when it was known that such a system was necessary due to weather conditions in the area and failed to establish landing ceiling and visibility limitations for foggy weather conditions that could reasonably be expected to be encountered by -pilots using the airport. These lapses and failures .of both the City "of Concord and the County of Contra Costa were causes of the aircrash at Sun Valley Shopping Center on December 23, 1985. Claim Against County of Contra Costa March 24, 1986 Page 3 Re: Oliver v. Concord 4. GENERAL DESCRIPTION OF THE INJURIES, DAMAGES AND LOSSES INCURRED BY CLAIMANTS SO FAR AS THEY ARE KNOWN AT THE TIME OF THE PRESENTATION OF THIS CLAIM: Death of Brian Ward Oliver. Robert F. and Nancy E. Oliver are the natural parents of Brian Ward Oliver; Kimberly Ann, Colby Michelle, Shawn Steven, Shannon Christina and Shea E. Oliver are the natural brothers and sisters of Brian Ward Oliver. All were or would have been dependent on him. 5. NAMES OF PUBLIC EMPLOYEES INVOLVED: The names of any public employees involved are not known by claimants at the present time. 6. AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF THIS CLAIM: Wrongful Death of Brian Ward Oliver $1,000, 000 .00 Funeral and Burial Expenses Not presently known but estimated to be about $2, 500.00 Claimants . attorneys are authorized to present this claim on behalf of claimants. DATED: �,j./ LAW OFFICES OF STERNS, SMITH, WALKER & GRELL By THOMAS G. SMI Attorney for Claimants LAW OFFICES OF BORIS E. EFRON 724 Oak Grove Avenue, Suite 120 Menlo Park, California 94025 . CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTro CALIFMWU BOARD ACTION Claim Against the County, or District ) NOTICE 10 CLAIlr M Ap r i 1 22, 1986 governed by the Board of Supervisors, ) The copy of this document iMed 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: Henry H. Tung & Grace Tung Attorney: % Abel & Abel P.O. Box 3128 MAR 2 Address: Hayward, CA 94540 94553 �art��eZ,CA Amount: Unknown at present time. By delivery to clerk on Date Received: March 25, 1986 By mail, postmarked on March 24, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 26, 1986 PHIL BATCHELOR, Clerk, By Deputy C-5-thy Xnowles 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 01 III. FROM: Clerk of the Board TO: (1) ounty 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 minutfor this date. HH Dated: 2 PHIL BATCHELOR, Clerk, By �0�. , 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 2 4 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM i . • t CLAIM AGAINST COUNTY OF CONTRA COSTA _ in .accordance with government code sections 92.0 at seq . NAME AND POSIT 01'FICE ADDRESS OF CLAIMANT: Henry H. Tung 8 Grace Tung , 905 Springwood Court Rodeo, CA 94572 DOST OFFICE ADDRESS TO WHICH CLAIMANT D)kSIRES NOTICES TO ,'BE SENT: C!0 ABEL 8 ABEL P.O. B0X 3128 Hayward, CA 94540 RECEIVED l)ATr , ,TIME AND PLACE OF OCCURANC£ OR INCIDENT: MARas1986 December 23 , 1985 in the. evening 1 Sun Valley Shopping Mall PHIL BATCHELOR LERK . RO O S RVISORS B . RAC A C Y� DESCRIPTION 'OF OCCURANCE OR INCIDENT AND ANY INJ�RY, LOIS OR DAMArE INCURRED: An airplane crashed into the mall causing loss of rents. NAMNS) OF EMPLOYEES? CAUSING THE INJURY, LOSS OR DAMAGE IF KNOWN : Unknown at the present itme. AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF CLAIM AND THE ESTIMATED AMOUNT OF FUTURE CLA-19 IF KNOWN: Unknown at the present time. DATED: AA'e- -_r rr -=.�v v SIGNED: J ; 1 h ` The undersigned, at Hayward, Calif., certifies to be true, under pen- ally of perjury, that she is not a party to the within action; business address is. 22300 "rocth;ll 61,6., #501, Hayward, California 94540, she 9Kecuted this certificate and served a true copy of the foregoing document by mail by placing same in an enve;ope, sealing,,fully pre _'"^ _,'>• paring postage thereon, and depositing said envelope in U.S. Mail at yward, California on the 24 day 61 March 19 said envelcpa was addressed as follows: DOCUMENT MAILED: Claim against County of Contra Costa MAILED TO Board of Supervisors Contra Costa County BY 651 Pine , Martinez , CA C',��" ECS C. No an ABEL & KYLE ATTORNEYS AT LAW !2960 FOOTHILL BLVD.0601 P.O.BOX 3128 HAYWARD,CA 84544 886.6434 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA =Nff, CALIFORNIA Z - BOARD ACTIN Claim Against the County, or District ) NOTICE TO CLAIMANT Argil 22 , 198G- 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: Sunvalley Mall and the Taubman Company 1'oo-nty Consel Attorney: Robins, Zelle, Larson & Kaplan MAR 2 6 1986 Address: 4000 MacArthur Blvd. , Ste. 5700 Martinez, CA 94553 Newport Beach, CA 92660 delivery to clerk on Amount. ATTN: Patrick E. Shipstead� r`y See Section 7 'of Claim Date Received: March 24, 1986 By mail, postmarked on March 20 1986 Cert.# P 315 643 83 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 25 , 1986 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) K) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS, to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: � By: 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 mi t s for this date. Dated: AP 2 2 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to oertain 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: A R R 2 Al 19$PHIL BATCHELOR, Clerk, By LJD• , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM , f ROBINS, ZELLE , LARSON KAPLAN ATTORNEYS AT LAW FOUNDED IN 1938 AS ROBINS, DAV15 Q LYONS ATLANTA,GEORGIA DALLAS,TEXAS SUITE 5700 MINNEAPOLIS,MINNESOTA 4000 MAcARTHUR BOULEVARD NEWPORT BEACH,CALIFORNIA NEWPORT BEACH,CALIFORNIA 92660 SAINT PAUL,MINNESOTA TELEPHONE (714) 851-0291 TELECOPIER(714) 833-1837 DENISE T EVLIN WELLESLEY,MASSACHUSETTS LEGAL ASSISTANT March 20, 1986 BY CERTIFIED MAIL Clerk of the Board of Supervisors 651 Pine Street, ' Room 106 Martinez, CA 94553 Re: Sun Valley Mall/Taubman Company Our File No. : 43801 -0000 Dear Sir or Madam: Enclosed herewith and served upon you, please find a Claim for Damages Against the City of Concord, Buchanan Field Airport and Contra Costa County. Please feel free to call Mr. Patrick Shipstead or me if you have any questions. Sincerely, ROBINS, ZELLE, LARSO"N�& KAPLAN � 1 Denise E. Tevlin Paralegal /rw enc 1 ROBINS , ZELLE , LARSON & KAPLAN 2 Patrick E. Shipstead 4000 MacArthur Boulevard, Suite 5700 3 Newport Beach, California 92660 Telephone : (714) 851 -0291 RECEIVED 4 Attorney for Claimant hrARn 5 PHIL BATCHELOR 6 LERKT$$$OARDppF�/STA Co RS� t y' RA �TCvO` 7 8 SUPERIOR COURT OF CALIFORNIA 9 CONTRA COSTA COUNTY 10 11 CLAIM OF SUNVALLEY MALL ) and THE TAUBMAN COMPANY , ) CLAIM FOR DAMAGES 12 INC. j 13 against ) 14 THE CITY OF CONCORD; and ) BUCHANAN FIELD AIRPORT; ) 15 and CONTRA COSTA COUNTY. ) 16 17 To: The City of Concord , Buchanan Field Airport 18 and Contra Costa County: 19 You are hereby notified that Sunvalley Mall and The 20 Taubman Company, Inc. , whose addresses are #1 Sunvalley 21 Mall , Concord, CA 94520 , 200 East Long Lake Road, 22 Bloomfield Hills , MI 48303-0200, and Industrial Risk 23 Insurers , 85 Woodland Street , Hartford, Connecticut 06102 , 24 by and through their attorneys , Robins , Zelle , Larson & 25 Kaplan, 5700 MacArthur Blvd. , Newport Beach, CA 92660 , do 26 hereby file their written notice of claim for damages 27 against the City of Concord, Buchanan Field Airport and 28 Contra Costa County pursuant to California Government Code -1 - 1 §910 et. seq. , and allege as follows : 2 1 . The names and addresses of the claimants are 3 as follows : 4 SUNVALLEY MALL #1 Sunvalley Mall 5 Concord, CA 94520 6 THE TAUBMAN COMPANY, INC. 200 East Long Lake Road 7 Bloomfield Hills , MI 48303-0200 8 INDUSTRIAL RISK INSURERS 85 Woodland Street 9 Hartford , Connecticut 06102 10 2. All notices or other communications with 11 respect to this claim should be sent to claimants ' 12 attorneys , Robins , Zelle, Larson & Kaplan, 4000 MacArthur 13 Blvd. , Suite 5700 , Newport Beach, CA 92660 , Attention: 14 Patrick E. Shipstead. 15 3. At all times mentioned herein, The City of 16 Concord , Buchanan Field Airport and Contra Costa County 17 participated in the engineering, selection, design, 18 construction, maintenance, repair and use of Buchanan Field 19 Airport including, but not limited to, approach, landing and 20 control of such operations. 21 4. On or about December 23 , 1985 , a twin engine 22 Beechcraft Baron aircraft on approach to Buchanan Field 23 Airport crashed into the Sunvalley Mall. The impact 24 resulted in a large opening in the metal truss roof 25 structure of the Sunvalley Mall and a resultant fire. The 26 fire created smoke damage and activated the sprinkler system 27 serving the Mall which created considerable water damage to 28 the common area of the Mall and to the Mall ' s tenants. -2- 1 5 . Industrial Risk Insurers (IRI) provided 2 property insurance coverage for the premises , business 3 interruption coverage and rent insurance to claimant , The 4 Taubman Company, Inc. , for its Sunvalley Mall. Pursuant to 5 said coverage, IRI has or will pay claims covering the 6 amount of The Taubman Company, Inc. and Sunvalley Mall' s 7 loss , minus any deductible and other policy adjustments . As 8 a result of said payments , IRI will be subrogated to the 9 rights of The Taubman Company, Inc. and Sunvalley Mall to 10 the extent of such payments. 11 6. The specific names of the City of Concord, 12 Buchanan Field Airport and Contra Costa County employees 13 involved in the engineering, selection, design, 14 construction, maintenance, repair, use and control of 15 Buchanan Field Airport are not known to the claimants at the 16 present time. 17 7 . The damage to the property of claimants 18 (including loss of use) as alleged herein, as a best current 19 estimate, is in excess of $1 ,500 ,000 , and claimants will set 20 forth the exact sum when the same is ascertained. This 21 preliminary figure is based upon the expenses incurred by 22 claimant as a result of the aircraft crash and resultant 23 fire , smoke and water damage. Claimants therefore claim 24 said sum against The City of Concord , Buchanan Field Airport 25 and Contra Costa County. Further documentation as to the 26 27 28 -3- 1 exact amount of the loss will be provided upon request and 2 to the exact available. 3 Dated: /, 1986. 4 5 ROBINS , ZELLE, LARSON & KAPLAN 6 _ By 600- By_ 7 Patrick E. Sh' pstead 8 Attorney for Claimants 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- f PROOF OF SERVICE BY MAIL OR HAND DELIVERY I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is that of Robins, Zelle, Larson & Kaplan, as set forth on the first page of the above document. On March 20, 1986, I served the above documents described as: Claim for Damages On all other parties to this action by placing a true copy of the above document enclosed in a sealed envelope addressed as follows: Clerk of the Board of Supervisors 651 Pine St. Room 106 Martinez, CA 94553 City Clerk 1950 Parkside Dr. Concord, CA 94519 CERTIFIED (BY/MAIL I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Newport Beach, California. (BY HAND DELIVERY) I caused such envelope to be delivered by hand to the offices of the addresses. Executed on March 20, 1986, at Newport Beach, California. I declare under penalty of perjury that the above is true and correct. R erta K. Wise CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 22, 198 6 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. 1. Please note all "Warnings". Claimant: E. David Stanford Attorney: Richard A. Seltzer minty Counsd Cartwright, Suchernan E Slobodin MAR 24 1986 Address: 101 California Street - Ir2600 Rr10,000, 000. 00 n Francisco, CA 94111 Hand delivered �g�a i , UA 94553 Amount: 0,000, 000. 00 By delivery to clerk on March 19, � B Date Received: March 19, 1936 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: �Tarrh 91 , 1 ARL PHIL BATCHELOR, Clerk, By Deputy U. 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: \ eputy 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 ��u certify that this is a true and correct copy of the Board's Order entered in its Dated: APR o�9 tis 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 Boardts 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: 2R 2 419QR PHIL BATCHELOR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel. (1) CLAIM �PPP/_ BOARD OF SUPE�VISRS OF CONTRA C i,'K TO: O§*nWINYapplication to: V 5 Instructions to ClaimantC!erk of the Board 451/0,., e Martinez,Califomia 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California -94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end o this form. RE: Claim by )Reserved for Clerk's filing stamps E. DAVID STANFORD ) ) [RECEIVEi; Against the COUNTY OF CONTRA COSTA) MAQ T iyg6 I! P(V,- or DISTRICT) PHIL BATCHELOn Fill In name ) R S RAOOFSTAERVISORS BY d eputy The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 10, 000 , 000 . 00 and in support of this claim represents as follows: ------------------------------------------------------------------- ---- 1. When did the damage or injury occur? (Give exact date and hour December 23 , 1985 , at approximately 8 : 30 p.m. ————————--—T———————————--- -—T—_J—----———————————————————————————--------- Sun ——-- 2. Where did the damage or injury occur? (Include city and county) Sun Valley Mall in Concord, California and Buchanan Field Airport —'r——————----———————————————————————————--——————————————— --————----- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) SEE ATTACHED SHEET -- -------- --------- --- ------------------------------------------- 4. What----particular-- -act or omission on the part of county or district officers , servants or employees caused the injury or damage? See #3 - attached (over) - 5. .What are the names of county or district officers, servants or employees causing the damage or injury? Not currently known, identified in this claim as Does 300 to 350 ----------------------------------------------------- ------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Wrongful death of daughter, Pamela Joy Stanford, resulting in economic losses as well as loss of love, comfort, companionship, solace and moral support, and other losses. - - - ----------------------------------------------- 7-.--H-ow--was-----the----amount- -----cl--aimed above computed? (Include the estimated amount of any prospective injury or damage. ) Estimate 8. Names and addresses of witnesses, doctors and hospitals. Investigation is underway , --------- ------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury. DATE ITEM AMOUNT Investigation is underway ************************************************************************** Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some per5on on his behalf. " Name and Address of Attorney RICHARD A. SELTZER, ESQUIRElaiman s , ignatur CARTWRIGHT, SUCHERMAN & SLOBODIN 18 Brier wo d 101 California Street - #2600 Address San Francisco, California 94111 East Gulfport, Mississippi 39503 Telephone No. 415/433-0440 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. " P r. 3 . How did the damage or injury occur? The City of Concord/County of Contra Costa negligently permitted and ratified the building and continued operation of the Sun Valley Mall, a populated shopping area, too close to Buchanan Field Airport and in the path of established flight, landing and aborted landing patterns at Buchanan Field Ariport; negligently permitted planes attempting to land at Buchanan Field Airport to come too close to the mall; negligently failed to properly supervise and control flights and landings ; negligently failed to properly supervise operations of Buchanan Field. Airport; negligently permitted landings under fog conditions; negligently failed to maintain sufficient flight controller operations; and negligently permitted planes to land on December 23, 1985, under dangerous conditions without proper monitoring or flight controller direction and guidance. The City' s negligence in this regard was a proximate cause of the death of Pamela Joy Stanford, in that it was a cause of the crash on December 23, 1985 of a Beechcraft plane into the mall. The identity of the specific individuals involved are at this time unknown. However, it is believed and herein alleged that employees of the City of Concord and the County of Contra Costa committed the acts above mentioned in the course and scope of their employment, and that the City of Concord/County of Contra Costa is responsible under principles of negligence and strict liability. r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUN'ff, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 22, 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: Barbara Stanford County COUOSP' Attorney-, Richard A. ' Seltzer, Esquire Cartwright, Sucherman & Slobodin MAR 2 4198a Address: 101 California Street - #2600 San Francisco, CA 94111 Hand delivered A 9Aw.,:, Amount« $10, 000, 000. 00 By delivery to clerk on March I art T3 Date Received: March 19, 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. Dated: March 21, 19 8 6.PHIL BATCHELOR, Clerk, ByLby ti� Z Deputy Ca Knowles II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) 90 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: v. 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 W 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: ARE 2 9, LgS 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. h DATED: APR 2 4 T oPHIL BATCHII.OR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CLAIM TO.; BOARD OF SUPERVISORS .OF CONTRA C0R;_L6yrF4Yapp1icationto: Instrt�ctidns to ClaimantC!erk of the Board Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, 'Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end obis form. RE: Claim by ) Reserved for Clerk's filing stamps BARBARA STANFORD ) ECIVE Against the COUNTY OF CONTRA COSTA) MAR 14986)IPm or DISTRICT) PHIL BATCHELOR (Fill In name ) RK BO OF SUPE ORS O By .. CCOSTAd eputy The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ lo . 000 . ono - nn and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour December 23, 1985, at approximately 8 :30 p.m. 2. Where did the damage or injury occur? (Include city and county) Sun Valley Mall in Concord, California and Buchanan Field Airport —T——————----—————————--—-----——————————————T———— ———— ——T— ——--————----- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) SEE ATTACHED SHEET ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? See #3 - attached. (over) 5. •What are the names of county or district officers, servants or employees causing the damage or injury? Not currently known, identified in this claim as Does 300 to 350 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Wrongful death of daughter, Pamela Joy STanford, resulting in economic losses as well as loss of love, comfort, companionship, solace and moral support, and other losses. --------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Estimate ------------- 8. Names and addresses of witnesses, doctors and hospitals Investigation is underway ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Investigation is underway Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some erso on his behalf. " Name and Address of Attorney RICHARD A. SELTZER, ESQUIRE Claimant' Signature] CARTWRIGHT, SUCHERMAN & SLOBODIN 94 West La a Drive 101. California Street - #2600 Address San Francisco, California 94111 Anfinrh ,, raiifnrnia 94909 Telephone No. 433-0440 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. " 3. How did the damage or injury occur? The City of Concord/County of Contra Costa negligently permitted and ratified the building and continued operation of the Sun Valley Mall, a populated shopping area, too close to Buchanan Field Airport and in the path of established flight, landing and aborted landing patterns at Buchanan Field Ariport; negligently permitted planes attempting to land at Buchanan Field Airport to come too close to the mall; negligently failed to properly supervise and control flights and landings; negligently failed to properly supervise operations of Buchanan Field Airport; negligently permitted landings under fog 'conditions; negligently failed to maintain sufficient flight controller operations; and negligently permitted planes to land on December 23, 1985 , under dangerous conditions without proper monitoring or flight controller direction and guidance. The City' s negligence in this regard was a proximate cause of the death of Pamela Joy Stanford, in that it was a cause of the crash on December 23, 1985 of a Beechcraft plane into the mall. The identity of the specific individuals involved are at this time unknown. However, it is believed and herein alleged that employees of the City of Concord and the County of Contra Costa committed the acts above mentioned in the course and scope of their employment, and that the City of Concord/County of Contra Costa is responsible under principles of negligence and strict liability. CLAIMBOARD OF SUPERVISORS OF CONTRA COSTA COUN'ff, CALIFORNIA BOARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLAIMANT An r i 1 22 , 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: Christopher Cady �• Attorney: Eric M. Abramson MAR 2 1986 Abramson & Smith Address: 44 Montgomery St. , Ste. 4211 Martinez, GH 94to5 San Francisco, CA 94104 Amount: $10-0, 000. 00 By delivery to clerk on Date Received: March ,19, 1986 By mail, postmarked on March 18 . 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 24, 19 8 6 PHIL BATCHELOR, Clerk, By SPY .atRy Know es II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) N This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.20 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: / IK4o 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: 2 1986 PHIL BATCHELOR, Clerk, By t-0�- , 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 2 4 1986 PHIL BATCHELOR, Clerk, By L%a , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM r Ar IOU 1 ABRAMSON & SMITH CEIVED 2 ERIC M. ABRAMSON 44 Montgomery St. , Ste. 4211 [AAR )q 1986 3 San Francisco, CA 94104 4 Telephone: ( 415) 421-7995 PHIL BATCHELOR IERK 5 OF SUPERVISORS CO COSI 5 Attorneys for Claimant By Ijk . : De 6 7 8 9 CHRISTOPHER CADY, ) 10 ) CLAIM AGAINST PUBLIC Claimant, ) ENTITY 11 ) 12 V. ) 13 CITY OF CONCORD AND COUNTY OF ) 14 CONTRA COSTA, ) 15 Respondents. ) 16 CLAIM AGAINST THE CITY OF CONCORD AND COUNTY OF CONTRA COSTA 17 (Government Code Section 910) 18 Christopher Cady presents a claim for damages against the 19 City of Concord and County of Contra Costa. 20 The above-named claimant, acting by and through his 21 attorneys , Abramson & Smith, hereby makes the following claim 22 against the City of Concord and County of Contra Costa: 23 1. NAME AND ADDRESS OF CLAIMANT: 24 Christopher Cady 25 c/o Abramson & Smith 26 44 Montgomery St. , Ste. 4211 San Francisco, CA 27 28 2 . ADDRESSES TO WHICH NOTICES ARE TO BE SENT: ABRAMSON & SMITH 29 ERIC M. ABRAMSON 30 44 Montgomery St. , Ste. 4211 San Francisco, CA 31 32 3 . DATE OF OCCURRENCE: 33 December 23, 1985 34 4. PLACE OF OCCURRENCE: 35 36 Sun Valley Shopping Mall, Concord, CA ABRAMSON & SMffH ATTORNEYS AT LAW 44 MONTGOMERY STREET SUITE 4211 SAN FRANCISCO,CA.94104 (415) 421.7995 s 4 1 2 5. CIRCUMSTANCES OF OCCURRRENCE: 3 A twin engine Beechcraft aircraft crashed into the 4 Sun Valley Mall while executing a missed approach go-around from Buchanan Airport. 5 Please see Paragraph 7 for description of 6 basis of liability of respondents. Claimant was inside of the shopping mall and sustained 7 personal injuries. 8 6. GENERAL DESCRIPTION OF INJURY, DAMAGE OR LOSS 9 INCURRED: 10 Personal injury consisting of muscle and ligament 11 sprains and mental and emotional distress. The full 12 extent of injuries is not yet known. 13 7 . NAMES OF ANY PUBLIC EMPLOYEE(S) KNOWN TO CAUSE 14 THIS INJURY, DAMAGE OR LOSS INCURRED: 15 The identity of the specific individuals involved 16 are at this time unknown, however, it is believed and herein alleged that employees of the City of 17 Concord and County of Contra Costa carelessly and 18 negligently approved, permitted, and allowed the construction and operation of the Sun Valley 19 Shopping Mall dangerously near Buchanan Airfield and 20 under and in the path of established flight patterns at Buchanan Airfield. 21 22 8. DAMAGES CLAIMED: 23 Medical specials and loss of earnings , presently 24 unknown. General damages for physical pain and 25 mental suffering inithe sum of $100 ,000. 00. , 26 DATED: March 17, 1986 27 ABRAMSON & SMITH 28 29 L,_** 30 BY ERIC M. ABRAMSON 31 Attorneys for Claimant 32 33 34 35 36 ABRAMSON & SMITH ATTORNEYS AT!AW 44 MONTGOMERY STREET SUITE 4211 SAN FRANCISCO,CA.94104 (415) 421.7995 COu�tY WulsaW I.f c- CLAIM MAR 2 4 1986 BOARD OF S("VISORS OF CONTRA COSTA COUNTY, CALIFORNIA Martin ON Claim Against the County, or District ) NOTICE TO CLAIMANT April 22, 19'86 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: Stephan Evangelista and Catherine Evangelista for themselves and on behalf of their minor children, Danielle, Stephanie and Justin Fvange- Attorney: McCray & Lewis lista. A Law Corporation Address: 433 Turk St. San Francisco , CA 94102 Amount: $5, 000, 000. 00 . By delivery to clerk on Date Received: March •21, 1986 By mail, postmarked on March 16, 18 , 20, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 21, 1986 PHIL BATCHELOR, Clerk, By Qt"m1 Deputy arHyKnwes 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: r Dated: By: �, &,&L ."eputy 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 2 2 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 2 41986 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM 1 CLAIM AGAINST COU14TY OF CONTRA COSTA, CALIFORNIA 2 3 CLAIMANTS : 4 Stephan Evangelista and Catherine Evangelista for themselves and on behalf of their minor chidI �-Vox 5 Danielle, Stephanie and Justin Evangelista 6 CLAIMANTS' ADDRESS : REc E1V�� 7 c/o McCRAY & LEWIS 2 A Law Corporation 8 433 Turk Street San Francisco CA 94102 AOAROOFSUPEHIL R Francisco, CLE K E;OARD OF SUPERVISORS 9 (415) 775-3900 �n/,t1_ CON R COSTAP.0 BY�'r of� J Deputy 10 ADDRESS TO WHICH NOTICES ARE TO BE SENT: 11 Same as above. . 12 DATE OF INCIDENT: 13 December 23, 1985 14 LOCATION OF INCIDENT: 15 Sun Valley Mall Shopping Center Concord, California 16 DAMAGES OR INJURIES: 17 Severe burn injuries to Danielle and Stephanie 18 Evangelista; severe emotional trauma to Stephan, Catherine and Justin Evangelista. 19 OCCURRENCE : 20 Sun Valley Mall Shopping Center was located within a 21 foreseeable zone of danger from aircraft flying into and out of Buchanan Field Airport in the County of 22 Contra Costa. On December 23, 1985, an airplane attempting to land at Buchanan Field crashed into the 23 Sun Valley Mall Shopping Center crowded with Christmas shoppers . The municipality negligently permitted 24 the airfield and the shopping center to conduct their respective operations in close proximity to each other. 25 Said negligence proximately caused the injuries complained of. 26 - 1 - 1 ITEMIZATION OF CLAIMS: 2 Special Damages : Unknown at this time 3 General Damages : $5 ,000, 000 . 00 4 5 6 7 DATED: March 18, 1986 8 9 10 SIGNED ON BEHALF OF CLAIMANTS : WILLIAM G. LE S 11 McCRAY & LEWI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 - i ,r 1 . • McCRAf & LEWIS Joe A. MCCRA 1 A LAW tORRORATION WILLIAM O.LEWIS 433 TURK STREET CLIFF WEINOUB SAN FRANCISCO.CA,A 101 JYLANA O.COLLINS t d 19 i 7789900 4" To: Clerk, Board •of Supervisors Contra Costa County Courthouse First Floor, Room 103 Martinez, CA 94553 Date: March 1B, 1986 Re: CLAIM AGAINST COUNTY OF CONTRA COSTA, CALIFORNIA , f Enclosures: As above xax Self-addressed, stamped envelope .Requested Action: t xW Please file original and return endorsed-filed copy(s) a Please file original and certify copies and return 13 Please certify and return copies o Please sign and return with comments, if any . o Please sign before a notary and return n Please have judge or magistrate sign, then file and return d For your approval or correction and comments d For your information/file 13 Please sign and forward to: i to s y _ CLAIM j y BOARD OF Summon OF CONTRA COSTA COUNw, CALIFORNIA BOARD ACTION Claim Against the County, or District ) TO C,qIKANT April 22, 1986- governed by the Board of Supervisors, ) The copy of-t-Ers--do—ou—men—tiffied 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: Edward Robert Sheppie, jr. Attorney: Richard Brown COLf1ty COL�jjc'1 %Law offices of Melvin M. Belli.., Address: 722 Montgomery St.- MAR 27 1986 San Francisco, CA 94111 Martina Amount: $100, 000. 00 By delivery to clerk on , GA Date Received: March 26, 1986 By mail, postmarked on March 1 , 1926 Cert.A P 010 804 1_31 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 26, 1986 PHIL BATCHELOR, Clerk, By Deputy CathKhowles II. FROM: County Counsel 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 W 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 fors date. Dated: APR 2 2 1986 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 2 4 1996 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM LAW OFFICES r -• Melvin KpBelli L Sr. SAN FRANCISCO,CA 94111 CABLE �B ELEA" BEVERLY HILLS (LOS ANGELES)CA 90212 (415)961-1649 (213)277-3612 TME BELL[ BUILDING THE BELLI BUILDING 722 MONTGOMERY STREET 9952 SANTA MONICA BOULEVARD MELVIN M.BELLI,SR. MELVIN M.BELLI,SR. MELVINCAESAR BELLI.JR. DAVID S.SABIH LOU ASHE(1909-1980) DANIEL W.DUNBAR DAVID S.BASIN HOWARD NO CH RICHARD E.BROWN ARNOLD W.GROSS PAUL M.MONZIONE FELIX CAYO (ALSO MASSACHUSETTS OAR) HASKELL SHAPIRO ROBERT A.KIERNAN JOSEPH M.SINDELL (ALSO IDAHO BAR) (OHIO BAR) HAROLD SELAN RENEE D.WASSERMAN OF COUNSEL: DENNIS R.LOOS SAM YORTY DEBORAH SOBEL STEVEN A.FABBRO PACIFIC GROVE,CA 93950 CAROL SHAW San Francisco - March 21, 1986 (406) 649-1649 PARALEGALS: THE BELLI BUILDING DAMIEN ORBEA 405 FOREST AVENUE VALERIE J.LAMBERTSON SHARON M.COHN MELVIN M.BELLI,SR._ RANDY SCARLETT DAVID S.SABIH MICHAEL J.COCORAN DONALD N.HUBBARD OF COUNSEL: SANTA CRUZ,CA 95060 JOHN E.HILL ALLEN P.WILKINSON (406)456-0440 DANIEL A.STENSON 709 MISSION STREET JETTIE P.SELVIG BOARD OF SUPERVISOR HERBERT RESNER MELVIN M.BELLI,SR. FERNANDO CHAVEZ COUNTY OF CONTRA COSTA DAVID S.SABIH ARTHUR A.GROZA ROY E.HARPER MARK SHAW RALPH W.BOROFF CHARLES A.DECUIR,JR. 651 Pine BETSY W.LEBBOS Martinez, CA STOCKTON.CA 95202 CHIEF INVESTIGATOR (209)466-0962 STAN HALLMARK THE BELLI BUILDING RE: CLAIM AGAINST THE CITY OF CONCORD 215 NORTH SAN JOAQUIN SUNVALLEY MALL DISASTER - Dec. 23, 1985 MELVRENCE E. RIINM.E.DRIVON LAU G.ARCHER BAKERINK STEWART M.TABAK DALE S.BALCAO Dear Sir/Madam: DEAN F.COOPER S.SCOTT VAUGHAN OF COUNSEL: Enclosed please find the original and four LAURENCE DRIVON (4 ) copies of Mr. Edward Robert Sheppie, Jr. 's SAN DIEGO,CA 92101 Claim against the County of Concord. (619) 231-499 317 ASH STREET MELVIN M.BELLI,SR. Please file the original and necessary copies JOHN LEARNARD JOHN VANAR EILI and return one endorsed, filed copy to me in the ANDY ZMURKIEWICZ enclosed, self-addressed, stamped, envelope. SACRAMENTO.CA 95614 (916)446-6600 926 SECOND STREET Thank you for your courtesy. MELVIN M.BELLI,SR. RODNEYJ.SHEPHERD DOUGLAS E.JAFFE Very truly yours, LAW OFFICES OF MELVIN M. kELLI , SR. MA B L OCRI , Secretary to RI HARD E. BROWM, ESQ. /mb Enclosures CERTIFIED MAIL - R.R.R. r , CLAIM AGAINST THE COUNTY OF CONTRA COSTA z�.�;C�•,,IVED • r , vis �Y iib PHIL BATCHELOR CLAIMANTS' NAME: EDWARD ROBERT SHEPPIE, JR. (1�LER NTRAGOARD ES7q( S 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: $100, 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 Sunvalley 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 wife, SHELLY SHEPPIE. DESCRIBE DAMAGE OR INJURY: Loss of consortium. Claimaint ' s wife, in addition to an injured knee and smoke inhalation, 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 RICHARD BROWN, ESQ. Dated: March 14, 1986 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLAIMANT April 22, 1996 governed by the Board of Supervisors, ) The copy oft s ument led to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Harry Tate Attorney: Eric M. Abramson County NOW Abramson & Smith MAR 2 4 1986 Address: 44 Montgomery St. , Ste. 4211 San Francisco, CA 94104Martinez, CA 94553 Amount: $100, 000. 00 By delivery to clerk on Date Received: March 19, 1936 By mail, postmarked on March 18, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. I VDated: March 21, 1986PHIL BATCHELOR, Clerk, By _� Deputy a Kno es 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: c, Deputy County Counsel III. FROM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( 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 fort s date. Dated: APR 2 2 1985 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 nof claimant's right to apply for leave to present a late claim was mailed DATED:toAr f ,� 4 b86 PHIL BATCHELOR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM I ABRAMSON & SMITH RECEIVED 2 ERIC M. ABRAMSON 44 Montgomery St . , Ste. 4211 3 San Francisco, CA 94104 LIAR 1111986 4 Telephone: ( 415) 421-7995 PHIL BATCHELOR 5 Attorneys for Claimant LERc TwCOO, soots e 6 7 8 9 HARRY TATE, ) 10 ) CLAIM AGAINST PUBLIC Claimant, ) ENTITY 11 ) 12 V. ) 13 CITY OF CONCORD AND COUNTY OF ) 14 CONTRA COSTA, ) 15 Respondents. ) 16 CLAIM AGAINST THE CITY OF CONCORD AND COUNTY OF CONTRA COSTA 17 (Government Code Section 910) 18 19 Harry Tate presents a claim for damages against the City 20 of Concord and County of Contra Costa. 21 The above-named claimant, acting by and through his 22 attorneys , Abramson & Smith, hereby makes the following claim 23 against the City of Concord and County of Contra Costa: 1. NAME AND ADDRESS OF CLAIMANT: 24 Harry Tate 25 1755 McAllister St. 26 San Francisco, CA 27 2. ADDRESSES TO WHICH NOTICES ARE TO BE SENT: 28 ABRAMSON & SMITH 29 ERIC M. ABRAMSON 30 44 Montgomery St. , Ste. 4211 31 San Francisco, CA 32 3. DATE OF OCCURRENCE: 33 December 23, 1985 34 35 4. PLACE OF OCCURRENCE: 36 Sun Valley Shopping Mall, Concord, CA LBRAMSON & SMITH ATrORNEY3 AT LAO 44 MONTGOMERY STREET SUITE 4211 AN FRANCISCO,CA.94104 (413) 421.7993 a 1 2 5. CIRCUMSTANCES OF OCCURRRENCE: 3 A twin engine Beechcraft aircraft crashed into the 4 Sun Valley Mall while executing a missed approach go-around from Buchanan Airport. 5 Please see Paragraph 7 for description of 6 basis of liability of respondents. Claimant was inside of the shopping mall and sustained 7 personal injuries. 8 6. GENERAL DESCRIPTION OF INJURY, DAMAGE OR LOSS 9 INCURRED: 10 Personal injury consisting of muscle and ligament 11 sprains and mental and emotional distress. The full 12 extent of injuries is not yet known. 13 7. NAMES OF ANY PUBLIC EMPLOYEE(S) KNOWN TO CAUSE 14 THIS INJURY, DAMAGE OR LOSS INCURRED: 15 The identity of the specific individuals involved 16 are at this time unknown, however, it is believed and herein alleged that employees of the City of 17 Concord and County of Contra Costa carelessly and 18 negligently approved, permitted, and allowed the construction and operation of the Sun Valley 19 Shopping Mall dangerously near Buchanan Airfield and 20 under and in the path of established flight patterns at Buchanan Airfield. 21 22 8. DAMAGES CLAIMED: 23 Medical specials and loss of earnings , presently 24 unknown. General damages for physical pain and mental suffering in the sum of $100 , 000. 00. 25 26 DATED: March 17, 1986 27 ABRAMSON & SMITH 28 29 30 B y ERIC M. ABRAMSON 31 Attorneys for Claimant 32 33 34 35 36 BRAMSON & SMrM ATTORNeYS AT LAW 4 MONTGOMERY STREET SUITE 4211 N FRANCISCO,CA.94104 (415) 421.7995 IM BOARD OF SUPERVISORS OF CJWl\ln!►� COSTA COUNTY, CALIFORNIA - BOARD ACTION Claim Against the County, or bistri et ) NOTICE TO CLAIMANT Ap r i 1 22, 198S governed by the Board of Supervisors, ) The copy oft s ocument led to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Marcus Green County Counsel Attorney: Eric M. Abramson MAR 2 4 1986 Abramson & Smith Address: 44 Montgomery St. , Ste. 4211 San Francisco, CA 94104 Martinez, CA 94553 Amount: $100, 000. 00 By delivery to clerk on Date Received: March 19 , 1986 By mail, postmarked on March 18 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: tiarch 24, 19 86PHIL BATCHELOR, Clerk, By Deputy Cat y Kno les 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 (�) This claim is rejected in full. ( ) Other: I pcertify that this is a true and correct copy of the Board's Order entered in its Dated N� e 29 �s PHIL BATCHELOR, Clerk, By L;pu , Deputy Clerk WARNIM (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 2. 4 14Hg PHIL BATCHELOR.. Clerk, By DAg6&I Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM i I ABRAMSON & SMITH 2 ERIC M.Montgomery ON St RECEIVED 44 Monn tgomery St. , Ste. 4211 3 San Francisco, CA 94104 4 Telephone: ( 415) 421-799.5 F,1AR If 1986 5 Attorneys for Claimant ►HIIBATCF1EtOR 6 RK D OF SU► V Y5 6 c0 QOSTA 711 DOM*I- 8 9 MARCUS GREEN, ) 10 ) CLAIM AGAINST PUBLIC Claimant, ) ENTITY 11 ) 12 V. ) 13 CITY OF CONCORD AND COUNTY OF ) 14 CONTRA COSTA, ) 15 Respondents . ) 16 17 CLAIM AGAINST THE CITY OF CONCORD AND COUNTY OF CONTRA COSTA (Government Code Section 910) 18 19 Marcus Green presents a claim for damages against the City 20 of Concord and County of Contra Costa. The above-named claimant, acting by and through his 21 attorneys , Abramson & Smith, hereby makes the following claim 22 against the City of Concord and County of Contra Costa: 23 1. NAME AND ADDRESS OF CLAIMANT: 24 Marcus Green 25 1749 Ellis Street 26 San Francisco, CA 27 2. ADDRESSES TO WHICH NOTICES ARE TO BE SENT: 48 ABRAMSON & SMITH ERIC M. ABRAMSON 29 44 Montgomery St. , Ste. 4211 30 San Francisco, CA 31 3. DATE OF OCCURRENCE: 32 December 23, 1985 33 34 4. PLACE OF OCCURRENCE: 35 Sun Valley Shopping Mall, Concord, CA 36 BRAMSON & SMIni ATTORMYS AT UW 4 MONTGOMERY STREET SUITE 4211 N FRANCISCO,CA.94104 (415) 421.7995 1 2 5. CIRCUMSTANCES OF OCCURRRENCE: 3 A twin engine Beechcraft aircraft crashed into the 4 Sun Valley Mall while executing a missed approach go-around from Buchanan Airport. 5 Please see Paragraph 7 for description of 6 basis of liability of respondents. Claimant was inside of the shopping mall and sustained 7 personal injuries. 8 6. GENERAL DESCRIPTION OF INJURY, DAMAGE OR LOSS 9 INCURRED: 10 Personal injury consisting of muscle and ligament 11 sprains and mental and emotional distress. The full 12 extent of injuries is not yet known. 13 7. NAMES OF ANY PUBLIC EMPLOYEE(S) KNOWN TO CAUSE 14 THIS INJURY, DAMAGE OR LOSS INCURRED: 15 The identity of the specific individuals involved 16 are at this time unknown, however, it is believed and herein alleged that employees of the City of 17 Concord and County of Contra Costa carelessly and 18 negligently approved, permitted, and allowed the construction and operation of the Sun Valley 19 Shopping Mall dangerously near Buchanan Airfield and 20 under and in the path of established flight patterns at Buchanan Airfield. 21 22 8. DAMAGES CLAIMED: 23 Medical specials and loss of earnings, presently 24 unknown. General damages for physical pain and 25 mental suffering in the sum of $100, 000. 00. 26 DATED: March 17, 1986 27 ABRAMSON & SMITH 28 29 30 By• - `� ERIC M. ABRAMSON . 31 Attorneys for Claimant 32 33 34 35 36 9RAMSON & SMITH ATTORNEYS AT LAW H MONTGOMERY STREET SUITE 4211 W FRANCISCO,CA.94104 (415) 4217995 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALUORNIA BOARD ACTION Claim Against the County, or bistriet ) NOTICE M CLAIMANT April 22, 1986 governed by the Board of Supervisors, ) The copy oft s ument mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Patricia Jane. Field CougtV Counsel Attorney: MAR 2 7 1986 Address: 4377 Wesley Way M2nitteZ, LR 94553 E1 Sobrante, CA 94.803 Transmittal Amount: $20. 00 By delivery to clerk on March 26, 1986 Date Received: March 26, 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. Dated: March 26, 1986pHIL BATCHELOR, Clerk, By �,o` Deputy a yKowes 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: ,12 Dated: By: k 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 or this date. Dated: APR 2 2 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 91 ) 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: A P R 2 41985 PHIL BATCHELOR, Clerk, .By 1A A Deputy Clerk cc: County Administrator (2) - County Counsel (1) CLAIM TO: BOARD 4F S,UPERVISORS OF CONTRA -*c� 2alifomia945 C!erk of th - • - -�1 4 �structions to Clai ant O Box9 Martinez.CA. Claims relating to causes of action for deat r for inperson or to personal property or growing crops �sst not later than the 100th day after the accrual of the cause of action. Zlaims .relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of. Supervisors, rather than the County, the name of the 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 this form. RE: Claim JbyJ )Reserved for Clerk's filing stamps RECEIVED Against the COUNTY OF CONTRA COSTA) MARPL( 1986 or DISTRICT) F1 1n name PHIL BATCHELOR CLERK BOAR OF:SUPERV ORS ONTR OSTA C uty The undersigned claimant hereby makes claimagainst Costa or the above-named District in the sum of $ Junf� and in support of this claim represents as follows: �. When adi2d the damage or injury occur? (Give exact date and hour] W� in 3 -- ------------ ----------- --------------------------- iere did-tree damage or ury occur? (Include city and county) 3. How did the damage or injury occur? �G3ve dull details, use extra sheets if required) AV ------------ -------- -----------T---T-- T---------- T----- officers, - servants ---------------- 4. What particular act or omission on the part of county or district officers, - servants or employees caused the injury or damage? • (over) f 5: What are the names of county or district officers, servants or employees causing the ,damtge or injury? 6. What damage or �n�uries do you claim resulted? ZG�ve dull extent of injuries o= damages claimed. - Attach two estimates for auto damage) --------------------------z---------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of an prospective injury or damage. ) ------------------------ 8. Names and addresses of witnesses, doctors and hospitals. �S. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Ja'-Rn2,tA J (�" a Name and 'Address of Attorney �� , la an s signature Address Telephone No. Telephone No. *t:ttw**tR*�*•qtr*�t:�f�rtt��t�r+etr*4�*****f:�tR:rt�t+�***t*�r�wR*:�*��**:*�t�►t****** NOTICE � Section 72 of the Penal Code provides: '.Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony." CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 22, 1986 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 "Warnings". Claimant: Robert E. Gemetti County Counsel Attorney: MAR 2 4 1986 Address: Rt. 2, Box 232-D Brentwood, CA 94513 Marbnez, CA 94553 Amount: linspecif icied By delivery to clerk on Date Received: March 19, 1986 By mail, postmarked on March 18 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. , , p Dated: March 21, 1986 PHIL BATCHELOR, Clerk, By Deputy r II. FROM: County Counsel T0: Ulerk 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: 7 By: _cJ 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 miea JgT8t6hi s date. Dated: �G 'y 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 2 41986 PHIL BATCHELOR, Clerk, By l.0 IV , Deputy Clerk cc: CountyAdministrator (2) County Counsel. (1) CLAIM �t . 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,E 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 fornHAR.. Clerk' s filing stamps Robert E. Gemetti ' EIVED Against the COUNTY OF CONTRA COSTA) �� 1986 or DISTRICT) COSTGe5(Fill in name) ° 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: ---------------------------------------------------- -------------------- 1. When did the damage or WWF occur. (Give exact date and hour) Dec. 30, 1985 Appr. 2:�) PM -----------T---------------- -------------------------------------------- occur? -------------------------------------------occur? (Include city and county) Directly in front of Bank of Agriculture & Comme6ce, 740 First St. , Brentwood Contra Costa Co. , Calif. --------------------------------------_ __----------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) claimant' v hi 1 wa p rked within linea of diagonal Rarking sp ce. Contee Costa County vehicle �k5�360 sPuglic WIrks Dept backed from adjacent pa ring space causing damage.to left rear quarter panel & moulding. 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Driver of County vehicle grobably had limited vision looking to right rear in backing from parking space. (over) 5. What are the names of county or district officers, ..sexvants~O:v:.; 1 employees causing the damage or. injury? Mr. Steve Zanette ------------------------------------1-------- ---------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Damage to claimant's vehicle only - No personal injuries as vehicle was not occupied at time of accident --__ ____--------_ ______------------------------------------------------ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) See estimates as attached. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. None - Driver of county vehicle and claimant only Driver of county vehicle was to have turned in a report of accident. ------------------------------------------------------------------------- 9. Ligt ,the expenditures you made on account of this accident or injury.: s' DATE 1 y { { ITEM AMOUNT Ione to date i I Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b some r n on his behalf. " Name and Address of Attorney 44" 1 1 Claimant' s Signature IX Rt. 2, Box 282-D AtddrdsA 94513 Bren woo Telephone No. Telephone No. 634-2051 ************************************************************************** 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. " K_ A TE EP �jOF R .�A 1R BRENTWOOD, CALIFORNIA 9457 3 k r NAME 000, A S a'�:�,.:TYPE MAKE OF H1CtE -: ��,;;YEAR ,,, a" - LICENSE NO MILEAGE '■ - IsERIAL NO 7VIN NO) 4- INSURED ' OJUSTER m r 4 HOME 'a•,<;+9. "s` INSPECTOR Labor'; _ �H Ste' '• Hours; PARTS SttY. H PARTS. SCM: :PARTS . Hous Bumper- Fender ~.Fer►der $ate Bumper Rail Fender Ornament - fender Omament *-r Bumper Brkt. fender Shield Fender Shield Fender Midg• Fender Midg :,-' a Bumper Gd. Headlamp lHeadlampFrt.-System I Headlamp Door Headlamp Door „ FrameSealed Beam Sealed Beam k Cross Member _ Cowl Cowl r Door,Front - 'Door front,,'%'-...,, Wheel - Door Lock Doorlock x Hub Cap Door Hinge Door Hinge Hub'8 Drum Door Glass Glass Knuckle Vent Glass - Vent Glass _ Knuckle Sup.. DoorMldg, Door Mid g. 4 ' Lr.Cont.Arm-Shaft Door Handle Door Handle License Frame Brkt. Center Post Center Post ; Up.Cont.Arm-Shaft Door,Rear Door,-Rear ;t, Shock c _ Oow Glass _ Door Glass,s Windshield Door Mldg. 0oorMld9• Rocker Panel ockerPan el - I z:=• Tie Rod IRocker Mldg:" Rocker Mldg Steering GearI Sill-Plate - Sill Plate i Steering Wheel FloorFloor 4 Horn Ring Frame x Gravel Shield Frame Dog Leg Dog Leg _ Park. Light Quar.Panel Quar.Panel ' Grille Quar.Mld Quar.Midg: Quar.Glass _, Quar..Glass , _ Fender,Rear Fender,Rear T - Fender Midg. .. - Fender Mldg ; W Fender Pad Fender Pad -;Mirror Inst.Panel Horn Bumper Front Seat, ? Baffle;Side Bumper Rail Front Seat Ad! : Baffle,Lower Bumper Brkt. a.,. Trim Baffle,Upper Bumper Gd. Headlining Lock Plate,Lr. Gravel Shield Top _ - Lock Plate,:Up:` Lower Panel _. Tire r Hood Top. Floor Hood Hinge Trunk Lid_ .... Battery Hood Midg• Trunk Lock Paint Hood Letters Trunk Handle Undercoat Ornament ;': _. . : Tail Light Polish Rad.Sup. Tail Pipe Misc.Materials h f x Rad.Core Gas Tank . • � '� AUTHORIZATIONFOR REP Y AIRS . Radio Antenna t Frame You are hereby authorized to make the above Rad:Floses xxT. Wheel Sispecgned Fan fied repairs._ fik Fan Blade *s c Hub&Drum47 Labor -Hrs. 8 ' .: Fan Belt Back Up fife Parts Water Pump Wheel Shield Wrecker Service Motor License.Frame-8rkt. :. ... T a 8 $; Suble 8 -A—Align N—New OH=Overhaul S—Straighten or Repair EX—Exchange RC—Rechrome"U—Used ' This estimat is based on to est ssible cost r�ga$IsteM ith qu>IHty wwk, and as such,'is _ ► . guaranteed.terns not cove thps estimate,or en wNI De additronal., TOTAL $ FORM ER-1002 td i91 14m," -ONlANOIAA CT LOS ANGELES SAN'/RANCISCO •CMIGGO KINGS MTN iNz a^ -,...__._..�I'.�.I . - -- ._. �— __ � ..._ ._--- _- __ ;��.,_ :.. ... dIe..,...I�I.4. .I I. �..­. ....-.�1-�, ,_.._._-,I-,,e.:-I-... I.�...�I I.. ,,,,.. . - . - _ 4.. - . .".­,�.�.�, "-n_�,1-�"'1-�,1_%��1'�,�:�,."-��d'I..-_.�.,--,,_� .: _ . Estimate Form - ^. G ( 4,, Name 9` �. Date /17 ' _ Address z State •0 Zip Phone 613 U- o?QS'/ Year � Make �JA-eU S O Model If i( L Ln y2 . I.D. No. Color �:. Prod.Date ' . Trim Mileage license No. /C/�3�D 6 . - _ z Ins. Co. z File No. Claim No. � y — Appraiser ' Lic. No. � - Phone Writte " �F x Line Re- Re- = No. pair place . DESCRIPTION OF DAMAGE, PARTS LABOR PAINT 1 � G�.I. l/ ltd sib 2 ....:............:............... ..................................................................... 3 / ® a.[ r :;>;:>: -..:.-,...:.:. . 4 ::X::::.:: ..... •y5. _ . .::..:....: <:;;;:.;:.;.: :. . 6 7 - :9 I _ ..:..:::..:::..:..::...:.:::::::.. ::.:.:....:.::::..::.:. ..::....:.:.. :...::.. .......:. ...:.....:.::. .:::. :::.....WW.*..*.::.:::::;:: .:::::;.;:.::;.:::;::::::::::::>:W: '-:W;:-:;:;::.....:......::.:;::::>:::: ...>:::::.::..::............:....:::::> :.::::::.is>::::::>.>:: <::.s'.<::::;..;:.:..:::.::..:•: :.:;:•::.::.,:...... . 11 2 : 13 14 15 1 6 17 . .. . 19 - 20 21 . .. . . . I. ... -.--- ...... :....:.....: .............: :. .::.:..;::::: ::;.:::...... ..................... :::.:::.�:::::.�:::.-:::.�::::::::.:::::::::::::.::.:.:................................:....:..::..:..::...:.................:.:..::::::::::::::::::::::.:::::.i.::::::.: ::::::::::::::::..::::::: ::::.:.: :.:.::::::::::. :•::: 22 :. .. 23 . 24 .:. ::... :.... ::.;:,:.;:::.,;:.::..::.;:.:.;:.:..;..::.;:.;::.:.:.. ....:. 25 ' . 26 ....... ..........:::.:;;;::::::::.;::::::::::::::.::::::::::::::::::::::.::::::::.:.::.:....:::..4..:.:.::.:::::::.;:;:<::::::;::;:::.::.:;::::.:;;;::...::.:::::. 27 . . - . ::.;:.:::;.: : ... ::..::, ..... ... ... ....... .. 29 .'. . .. . .. .. ......... . ..:....:..:.:4.... .:.....:: .:.: :.:..:..-:- ... ....1:.:::>::..::.::..:.:::::.;.;::::.;.::::.;::i%s::::.:::;;X:.Cti::::;:i 4,&....*i:i5;:::.:>::`;>;::>;:.;: .i':i:..:::::;:;::<:i:;::::::::'::::':..::;?::':^:,,....:: :.�.:::..:::::::,:::::.�. . .... ........................................................................ .. ...............................................:-X,:W......................i....................!:-X ....... ......:.......... ........ 30 ;::. ::. ...: ....:.. . ..,....:....... ..:..:. .:.. ..::.:..:... . TOTALS ::::.:;.:;::.:... ..:. ... :::::::,.:.. ::..;:::.,;.;.:.;..... ,: .;.::.:;.;; .. rtzai ::.:::::.::.::::.::.::..:..::::::.::.:.:::.:..::.......:....:::.:.. ...:..:.:.:.::...:...:::::::..:::.:::::.::. .:::.:. : Ifio :;::.;:;::.: .::.::.;:.;:.: ;:::::;:..;<.;:.: ::::.::::::..:.::.:.:.. :.::.:.:.::.:.::.:..::::::..:::.::..::.... ::.:.:::::..::.:::.::.::::. ... ::.:::. ::::::. :::::.::::::::............................................................................................................... ......................................... ............... ........ ........ • PARTS Prices subject to invoice $ BYER'S AUTO BODY REPAIR, INC. P BOR hr.@$ _ IC . .1377 Highway 4 Paint supplies . $ �.O 4 . . . Brentwood, California 94513, - - Shop spares $ . . .. Towing/Storage .$ II . .. Phone (415) 634-3198 . Sublet $ . . - Tax $ DAMAGE REPORT TOTAL i$ •,37 j CLUM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION April 177- Claim Against the County, or District ) NOTICE TO CLAIMVT 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 an 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: Navid Ebrahim Attorney: County Counsel Address: 157 Sierra Drive #3 MAR 27 1986 Walnut Creek, CA 94596 . Amount: $46. 59 By delivery to clerk on min Inez. CA 94553 Date Received: March 26, 1986 By mail, postmarked on Ziar(,h go, 1 qs6 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 26 , 1986 PHIL BATCHELOR, Clerk, By puty Cat Kn 71e II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (x) This claim emplies substantially with Sections 910 and 910.2. I ( ) 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 minVg ia2 lb s date. Dated: HI' �b PHIL BATCHELOR, Clerk, By , Deputy Clerk WAMMM (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 2 4 1g$ PHIL BATCHELOR, Clerk, By , Deputy Clerk oc: County Administrator (2) County Counsel (1) rn ATMt CLAIM a0: BOARD OF SUPERVISORS OF CONTRA COPY4 gVapplicationto: Instructions to ClaimantVerk of the Board .O.Box 911 Martinez,Caiifomia94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of form. RE: . Claim by )Reserved for Clergy film amps UCET-V, ED) Against the COUNTY OF CONTRA COSTA) MARWAK6 ) or DISTRICT) WLRAT °R fp SU MRS -(Fill--in name ) ' " The undersigned claimant hereby makes claim against tie Count of Contra Costa or the above-named District in the sum of $ 44R5 and in support of this claim represents as follows: When did the damage or injury occur? (Give exact date and hour] rc rJ uroj nj 5 tP rn UJ Q n T Wcte> to 1 ec&d �1a � � -- -----_-_ -, ------------------------------------ -- :' Where did tfie damage or in3ury occur? (Include city and county" COUAVAiv ConCaf-JI � O"IrCk C05�G� 3.-;How-did-the damage or-injury occur?-- Give full-details, use extra"� sheets if required) _ --act ract or-omisszon�on the part of county or district officers, -servants or employees caused the injury or damage? Cl r � � { ► (over) 5. Vhat are the names of county or district officers, servants or employees causing the damage or injury? 6. What damage or �n�uries do you claim resulted? ZG�ve dull extent of injuries of damages claimed. . Attach two estimates for auto damage) --------------------------------------------------------------------- --- 7. How was the amount claimed above computed? (Include the estimate amount of any prospective injury or damage.) . 8. Names and addresses of witnesses, doctors and hospitals. �. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT TS c�o1 eo,t i 14 CP Govt. Code Sec. 910.2 provides: Y11�. "The claim 4Vi dythe claimant SEND NOTICES T0: ) orb some s n n is behalf. " Name .and 'Address of Attorney Cla n s ignatur ,�,�tGr� t � •• 0a1nyt-G�eeve i CQ,, 9WS'l Telephone No. Telephone No. NOTICE V UC Section 72 of the Penal Code provides: (3- r. '.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. " BOARD OF SIJ WVI90RS OF OONTRA COSTA OOUM t CALIFOWIA BOARD ACTION Claim Against the County, or bistriet ) NOTICE 10 CLADOM April 22, 19 86 governed by the Board of Supervisors, ) The copy of t1gs t led to you is your Routing Indorsements, 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: Linda Jacka County Counsel Attorney: Dennis Roberts MAR 2 4 1986 A Professional Corporation Address: 370 Grand Avenue Oakland, CA 94610 Transmittal rna► Inet., GK 94:, 3 Amount: Presently undetermined By delivery to clerk on March 21, 1986 Date Received: March 21, 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. Dated: March 21, 19 8#'HIL BATCHELOR, Clerk, By � Deputy a y Kn-owIes 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 Piled. 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 Deputy County Counsel III. FROM: Clerk of the Board TO: (1) unty 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 minft Dated: Z 2 PHor �We tIL BATCHII,OR, 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: AP_R 9.419$6 ._PHIL BATaO.OR, Clerk, By , Deputy Clerk .cc: County Administrator (2) County Counsel (1) CLAIM .Ci,b lb TO:. BOARD OF SUPERVISORS .03 CONTRA COPA Yapplication to: Instructions to ClaimantClerk of the Board Martinez,California 94553 A., Claims relating to causes of action for death or for injury to person or to personal property or, growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. - D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk's fili g stamps LINDA JACKA RECEIVED DLA Against the COUNTY OF CONTRA COSTA) MAR " " 19 or DISTRICT) PHILBATCHELoR LERK E OA RD OF SUPERVISORS (Fill in name ) ONTR COSTA CQ) By .t... ... P y e ut The' undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ PRESENTLY UNDEI'ER= and in support of this claim represents as follows: ------------------------------------------------------------------ ---- 1. When did the damage or injury occur? (Give exact date and hou!T February 20, 1986 at approximately 10 :20 a..m. ------- T----------------T-----------�--(Include - city and count- y) )---- '� Where did the damage or injury occur. I,artinez Superior Court,. Department 14, Martinez, Contra Costa County California. -------------------- ----------------------- ------ -a;!; --T - ----------�•- I 3: How did the damage or injury occur? (Give full details, use extra sheets if required) Defective step caused Claimant to fall and suffer injury. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Unsafe condition where people travel regularly. Witness to accident stated several prior accidents in this area. i (over) .� 'What are the names of county or-district officers, servants or--- ` `employees causing the damage or injury? 6: What-damage or injuries do you claim resulted? Give full extent' of injuries or damages claimed. Attach two estimates for auto damage) Full extent of injuries are unknown as Claimant is presently treating for injuries. Suffered a right ankle sprain/strain. -------------------------------------------------------------------- ------ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Pat Vasquez, 3914 Nevin, Ricmond; Larry Moten, Department 14 Bailiff. Merritt Hospital ER DATE ------------------------------------ITEM------------------------ ----- 9. List the expenditures you made on account of this accident o� injury: ' AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant' SEND NOTICES T0: (Attorney) or by some person on his behalf " I Name and Address of Attorney DENNIS ROBERTS A Professional Corporation BY: RICHARD PHELPS 370 Grand Avenue Agog xgxx Oakland, CA 94610 At- orney for Claimant Telephone No. (415)465-6363 Telephone No. r NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, .or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, ' or writing, is guilty of a felony. " 4 � I DENNM ROBERTS ATTORNEY 370 GRAND AVENUE: . OAKLAND, CALIFORNIA 94610: (415) 465-6363 i A Professional Corporation Dennis Roberts Richard Pherps March 19, 1986 i Clerk of Contra Costa County 651 Pine Street, No. 106 Martinez, CA 94553 Re• gyp' JAC KA v. County of Contra Costa Enclosed please find original and one copies of: Claim X Please file the original and return endorsed, file-marked copies. Please issue the summons and return conformed copies. Please present to the Judge for her/his signature, file the original and return endorsed, file-marked copies. Our check in the amount of $ is enclosed for your fees in this regard. Other: A return envelope is enclosed for your convenience. Thank you for your attention to this matter. Very truly yours, DENNIS ROBERTS A Professional Corporation By.z - A. Vargasr al Assistant encl. i s Vd AD4 BOARD OF sig VISORS OF AW OOSTA mum, CALIFORNIA BOARD ACTION Maim Against the County, or bi strict } YMCE i0 CLADUNT April 22, 1986 governed by the Board of Supervisors, } The copy o s t led to you is your Routing Endorsements, and Board } notice of the action taken an your claim by the Action. All Section references are } Board of Supervisors (Paragraph IV, below), to California Government Codes } given pursuant to Goverment Code Section 913 and 915.4. Please note all "Warni.ngsNunty Counsel Claimant: Tyrone Thompson Attorney: Salvatore Bellia MAR 2 ? 19$$ Russo, Weintraub & Bellia Martinez, CA 94553 Address: 408 Tennessee St. Vallejo, CA 94590 Hand delivered Amount: $4,000, 000. 00 , By delivery to clerk on March 26, 1986 Date ,Received: March 26, 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. Dated: March 26, 1986 PHIL BATCHELOR, Clerk, By LDeputy C Knowles 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: Deputy County Counsel III. FROM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator ( } Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( )C) This claim is rejected in full. t } 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 2 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 10: (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:to R��4tt% PHIL BATmEwR, Clerk, By ��. r6�r r 5 , Deputy Clerk ce: County Administrator (2) - County Counsel (1) TO, BOARD OF SUPERVISORS OF CONTRA COW*rF0 Wapplication to: Instructions td ClaimantC!erk of the Board Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C.. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims . must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end o this form. RE: Claim by )Reserved for Clerk's filing stamps TYRONE THOMPSON ) DYED Against the COUNTY OF CONTRA COSTA) �`�i'c or DISTRICT) PN:L L3ATCHELOR (Fill in name ) RK ''OARD F-UPERVIS RS NTRA STA CO B& y The undersigned claimant hereby makes claim againstn 0y Costa or the above-named District in the sum of $ 4,000,000.0 and in support of this claim represents as follows: ---------------------------:- ------------------------------------- ---- 1. When did the damage or injury occur? (Give exact date and hour] December 23, 1985, approximately 8:30 p.m. -- --- T----------------: ------------------------------------------- injury ------------------------------------------ injury occur? (Include city and county) Sun Valley Shopping -Mall, Concord, California and Buchanan Field Airport. --------------------r--- - ----T- ------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) The County of Contra Costa allowed, permitted and ratified the building of the Sun Valley Mall, a populated shopping mall in close proximity to Buchanan Field Airport. On December 23, 1985, a Beechcraft plane crashed into the mall. The County was negligent in causing the crash; -- -�---(Continued on attachment)---•------ 4. What particular act Or omission on the part of county Or d—NUTICt officers, servants or employees caused the injury or damage? See answer to #3, above. (over) 50 What are the names of county or diqrict officers, servants or— employeeq causing the damage or injury? Plaintiff is unaware of said employees at-this time, and therefore, is identifying them as Does 300 to 350. When such names are discovered, plaintiff will amend by way of amending the complaint. -r-e-s-u-1-te-a3---(Give--f-u-1-1--e-x-t-e-n-t-- of injuries or damages claimed. Attach two estimates for auto damage) Serious bodily and mental injuries. ------------------------------------------------------T-------- the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Estimate. 8.� Names and"addresse's�'oflwitnessesr doctors and --------------- Investigation presently underway. 9._List'�theaercpenditures�you'�made�on account of�this�accident 1;3ury: DATE ITEM AMOUNT Investigation 'presently underway. Govt. Code Sec. 910.2 provides: "The claim signed by the claimant, SEND NOTICES TO: (Attorney) orb some,person,on his behalf. " Name and Address of Attorney SALVATORE BELLIA - RUSSO, WEINTRAU13 a BELLIA Clal t s Signature Attorneys At Law 101 Hilborn Street - #16 408 Tennessee Street Address Vallejo, California 94590 Valleio. California 94590 Telephone No. (707) 644-4004 Telephone No. (707) 646-4300 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. " a a CLAIM AGAINST i THE COUNTY OF CONTRA COSTA (Continuation of #3) The County is liable under strict liability for the cause of the occurrence . Does 300 to 350 were employees and agents of the County of Contra Costa and were in their various capacities .responsible in some manner for the placement of Sun Valley Mall in close proximity to the airport , for the inadequate and outdated landing and directional navigation systems, for the other actions which caused and contributed to the injury to plaintiff and others. The County of Contra Costa is liable for the acts , omissions and conduct of its employees and agents . Contra Costa County, Buchanan Field Airport and Does 300 to 350 acted with a conscious disregard for the rights and safety of the public in allowing the Mall to be built in such close proximity to Buchanan Field Airport and as such are liable for punitive and exemplary damages. i i CLAIM AGAINST THE COUNTY OF CONTRA COSTA (Continuation of #3) PAGE 1 OF 1 -�. ---- ( , IL CLAIM BOARD 6�a6" SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE 70 CLAIMANT April 22, 1986 governed by the Board of Supervisors, ) The copy oft s 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 911 and 915.4. Please note all "W AoCc—M Claimant: Frederick Earl Smith " MAR 2� 1986 Attorney: 455 Ma�tanez,�°'9 Address: Transmittal Amount: 160. 00 By delivery to clerk on March 26, 1986 Date Received: March 26, 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. Dated: March 2 6; 19 8 6 PHIL BATCHELOR, Clerk, By LYDeputy a y n 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. ("�4 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 I III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). , IV. BOARD ORDER By unanimous vote of Supervisors present (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 ft date. L-6- Dated: APR 2 2PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months Pram the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 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 DATED:toA PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM Cyd M TO: BOARD OF SUPERVISORS OF CONTRA COP* OWY,ap;Wcationto: Instructions to CIaimantC!erk of the Board F.©.Box 911 Martinez,Califomia 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 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 this form. RE: Claim by )Reserved for Clerk's_filing stamps ) Against the COUNTY OF CONTRA COSTA) [AAR %),(O E �vC3 or DISTRICT) A PHILC14T HELOR F1 In name ) £RK A C PERVISO TRA C sv The undersigned claimant hereby makes claim against the Co my of Contra Costa or the above-named District in the sum of and in support of this claim represents as follows: r____!i__ _rrir __ir I.r`when did theidamagerorin3ury occur? (Give exact dateanhour] !r__r__i_ii i_iii 1 ere`did the damagelor injury occu=?! tInclude city and county) 3. How didltheldamage or injury occur?� Giveuliidetazls, use extra sheets if required) ' ___rirr____i_r_ir___Tr__Trr_rr 4. What particular act or omissiT on on the part of county or district officers, .servants or employees caused the injury or damage? (over) 5. What- are the names of county or district officers, servants or ; employees causizg the damage or injury? r _w.Tw_ wLw__rw .� rrwwwwr ___ K.- PER damage or 1nTJuri.es do you claim resulted?' ZGve'full-extent' of injuries os damages claimed, - Attach two estimates for auto damage} w�_r-______GYM_rr-wr -- r ___III!_____rr •-_M►rw_r_- �. Sow was the amount claimed above computed? tlnclude the estimated amount of any prospective injury or. damage.) Uf,,,L:) J;^; A- : ' y `' ------------- 6. Names and addresses of witnesses, doctors and hospitals. _ fA .�rwrwww-w_w.._T_www_w�.rrw_w�._w�._w _ r Tw_wrwT_w_rwrw_r.r_Tw___ �. Llst the expenditures you made on account'of this accident or injury: DATE I'T'EM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Claimants Signature Address Telephone No. Telephone No. 'NOTICE Section 72 of the Penal Code provides: ",£very 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 OOUN'fY, CALIFORNIA BOARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLAMW April 22, 1986' governed by the Board of Supervisors, ) The copy oft s ument led to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Harry C. Sweet, j r. County Counsel Attorney: AR Address: 1200 Concord Ave. , Ste. 300 2 7 1986 MAR Concord, CA 94520 delivery to clerk on Martinez, CA 54553 Amount: Unspecified By Date Received: March 26, 1986 By mail, postmarked on MIrrh 9nr 1 og6 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 26, 1986 PHIL BATCHELOR, Clerk, By Deputy Catbwles 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 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) ounty 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. (n\ _ LD Dated: PHIL BATCHELOR, Clerk, By�, , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection With this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to present a late claim was mailed Mant DATED:to OP2 11986 PHIL BATCHELOR, Clerk, , Deputy Clerk cc: County Administrator (2) County Counsel (1) 11 T 1_ !.I, V T S-.RS TO: POAIRI: OF S�-�rLR L � -TRA COSTA COUNTY OF CON. Ins ructions to Claimant A. Claims relating to causes of action for death or for injury to Terson or tc 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 Clerkofthe Board of Supervisors- at its office in Room 106 , County — minist a ion B-u-I`Tding�, �ine Street, Martinez , CA 945537or mail to P.O Boy 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 irust 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 stan 11 E C E-l"I V E D Against the COUNTY OF CONTRA COSTA) MAR,,),G 198 or DISTRICT) PH;L BATCHELOR (Fill in name) CLERKSOAR OPSUPERV QRS ONTRO OSTA CO- . . .t=ty The undersigned claimant hereby makes claim against the County of Contri Costa or the above-named District in the sum of $ and in support of this claim represents as follows : --------------------------------------------- 1 . When did the damage or injury occur? (Give exact date and hour) 2 . -- ---- ----- --%----------- ----------------- ----------- Where-did the-damaq-e i or n3ury occur?-- c (Include it,%T and-county) ---------------injury-occur?-- - ----- ----- ----------------A K-9-ow—Kc the damage or (Give full de ails , use extraV sheets iff r quired) -J 1, T* VVLAI 600YJ 0-r� AA4;-"L *N� /"k;-L11 4 . Raomission-on-the part of county or-district- officers , a officers , servants or employees caused the injury or damage? A: (over 5. cwhat are the names of county or district officers , . servants employees causing the damage or injury? u ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injur es or damages claimed. Attach two stimates for auto damage) 3 _ U ------------------------------------------------------------------------- 7 . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) r 1 ------------------------------------------------ - ---------------------- 8 . Names and addresses of witnesses, doctors and hospitals. r 9 . List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Claimant' s Signature Address Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, .with intent to defraud, presents for allowance or for payment to any state board or officer , or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill, account, voucher ; or writing, is guilty of a felony. " .�m:% rvr r A.-,i, L �t L, in ^tr-um FtEPMR ORDER NO d IM 295,65 1 11-10SFIIIIICE FOLLOW-UP DA-E AVE 0. TIME MILE A Gf CASH c R 'CAR1- AE---L. Py 617 jREPAiF%DATE T7 I C OL 99 1 RE.A PROW. YEAR ISEC Q&A L I T'�f NTRO, P S IDE-DATE RETAIN Y ES ONO _` PARTS ❑ I EIT NG ISELLI DEALER MILEAGE INTERNAL! T.U. OPERATION L S AMOUNT 7A7! ZIP COD" to SE t1AD�l; LICFNt!:NU -7'7 CHANGE ENGINE PHONE INSPECTION CHARGES NO. CHANGE OIL I ACKNOWLEDGE NOTICE !FILTER ADDII IONA.AUTH AND ORAL APPROVAL Or AN PHONE TIME 8� AMOUNT INCREASE IN THE ORIGINAL INITIALS ESTIMATED PRICE i LUBE Q COMPRESSION CHECK BEFORE VALVE ADJUSTMENT MAINT. ADDITIONAL ALITI,-, ADDiTIDNAAL;1o,. IENANCE — TIME BY AMOUNT CYL 3CYL I TIME By AMOUNT TRANS CYL 4 CYL 2 DIFF. —1,17 AIL Le L WA A uNDIFISTA D YIHAVI THE RIGHT TO HAVE EMISSION Sll\l.CE AlrIlOR ADJUST DONE ELSE fm SMOG A, . r 'VHF tL 'VE THIS RIGHT ew�NSPECTIII G --- OUST SIG. X DATE CERTIFICATE HEREBY AUTHORIZE THE ABOVE REPAIR WORK 10 BE-OCINE ALONG WITH THE NECESSARY MATERIAL. AND HEREBY GRAY-7 OL: A N D OF; TESTING EMPLOYEES PERMISSION TO OPERATE THt C-A*-OR TRUCK-HEREIN DESCRIBED ON STREETS. HIGHWAYS NOT RESPONSIBLE FOR LOSS Or ',& ELSEWHERE FOR THE PURPOSE OF TESTINAND OR INSPECTION. NOT LIEN ACKNO*LEDGEMENr I AGREE THA' HU'MPHPEV MOTORS, INC. SMALL HAVE A LIEN ON THE ABOVE DESCRIBED DAMAGE TO CARS OR ARTICLES COVERED" VEHICLE FOR ITS CHARGE_ FOP PARTS AND LABOF FURNISHED UNDER THIS REPAIR ORDER. IF I FAIL TO PAY THOSE LEFT IN CARS IN CASE OF :"ARGEI. I AGREE THAT THE VE—CLE MAY BE SOLO. AFTER 20 DAYS NOTICE. IN THE MANNER PROVIDED IN SECTIONS DNS By 3071-3075 OF THE CIVIL CODE OF CALIFORNIA- NOTICE TO CUSTOMER PLEASE READ IMPORTANT IIINFORMATION ON BACK. IF I A ANY OTHEIL MATE INSURANCECAUSE :UST. SIG. S_ 19.11-PRETAIL LABOR RATE $ HR. TERMS STRICTLY CASH OR APPROVED CREDIT CARD 4 s— CIS FNG NEW -0 1 L Cm' c INV USED 4 CUSTOMER NO. f 1 3 1. 1 PIS TRANS. I I 1 11 OIL 9 LBA 44154 4 1ECH A.T.F LABOR 4 41 14 c VEH MAIN, 6-08 i FILTEP GASKETS OIL USED GURAN c 4453 1 IR WARRANTY 6-12 + I OIL BRAKE FLUID GREASE 4451 SUB COMEBACKS P7S DIFF 14491 cl —1 1 6441 +I 4UBLET 4491 c OIL 6) PIS I a-10=1 I - FUEL ACC 148054 c --03. 41 PARTS 48014 c (I DAMAGE CODE -4 'k ACCESS, c WHLS. c 'IT 140441 j I RENTAL c cusl, —T—T— NO 303939 CLAIM NO. TAX 2221 1 LOA 44134 WTY AEC 1304 4 I SUBTOTAL CHARGE PIS 48034 C RCL REC. 1354 4 11304 1 SUBLET 4491 Tc I if CASH 11188 1 :8E-0263E.1 NOAlCK OKLAHOMA CITY JIM CLOSE MAZDA DIVISION OF HUMPHREY MOTORS, INC. • CW"D,k*LIF. 9454' ACCOUNTING ,-- .. County Counsel CLAIM BOARD OF SUPERVISORS- OF COSTA COUNTY, CALIFORNIA MAR 2 4 1986 M M 455 Claim Against the County, or District ) NOTICE TO CLAIMANT P nri 1 22, 1986 governed by the Board of Supervisors, ) The copy o 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 Harvey Lee G�alker, Re , 915''# lea�se �¢ t all "Warnin�s" Claimant: Y Bina t a er, din er y t a Ker,a vino , kendra Walker, a minor, by and through their Guardian as Liter__, 111arvey Lee Attorney: Padway & Padway '-Talker. A Professional' Corporation Address: 515 Sixteenth St. Oakland, CA :94612 Hand delivered Amount: $20, 000, 000. 00' By delivery to clerk on March 21, 1986 Date Received: March 21, 1986 By mail, postmarked on I. FROM: Clerk of the Hoard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 21, 1986 PHIL BATCHELOR, Clerk, ByG< LKnowles Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors .(Check only one) O This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$), ( ) 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: Byi. 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). f E IV. BOARD ORDER. By unanimous vote of Supervisors present nd¢.d ( X} This clai*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, BZk. , 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 b 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. f ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: APR i. 4 N PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator;;(2) County Counsel (1) CLAIM lt' :. RE FLIED 2 MAR a7 1986 3 PHIL BATCHELOR CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 4 By .. . ........ Deputy 5 6 7 8 AMENDED CLAIM AGAINST PUBLIC ENTITY 9 10 In the matter of the claim of 11 HARVEY LEE WALKER, REGINA WALKER, KIMBERLY WALKER, a minor, KENDRA 12 WALKER, a minor, by and through their Guardian ad Litem, HARVEY 13 LEE WALKER, 14 Claimants, 15 16 Claimants Harvey Lee Walker, Regina Walker, Kimberly 17 Walker, a minor, Kendra Walker, a minor, by and through their 18 Guardian ad Litem, Harvey Lee Walker, hereby presents this claim 19 to the Board of Supervisors of the County of Contra Costa 20 pursuant to Section 910 of the California Government Code and to 21 the Board of Control of the State of California. 22 23 1. The address of Claimant is as follows: 245 West 7th 24 Street, Pittsburgh, California, 94565 . 25 26 2. The address to which Claimant desires notice of this 27 claim to be sent is as follows: Laurence F. Padway, Padway & 28 Padway, A Professional Corporation, 515 Sixteenth Street, -1- Oakland, California, 94612. 2 3 3 . On December 15, 1985, Claimants were injured in a 4 multiple car accident which occurred on State Route 4 at West 5 Pittsburgh exit, approximately 220 feet west of milepost 4, 6 Contra Costa County 1883 in the unincorporated area of Contra 7 Costs County. 8 9 4 . Said accident was caused and aggravated in part by 10 the negligent design, construction, improvement, repair, 11 maintenance and posting of State Route 4 , West Pittsburgh exit 12 and Willow Pass Road in the vicinity of the accident. Numerous 13 prior accidents at said intersection placed Defendants on notice 14 that it was a dangerous and defective intersection on the date of 15 the accident, that visibility from certan angles was inadequate, 16 that stop lights were required at said intersection, but none 17 were in place and that high speed traffic was dangerously 18 intermingled with low speed traffic. A copy of the police report 19 concerning the accident is attached hereto. 20 21 5. As a result of the accident, Claimant Harvey Lee 22 Walker suffered multiple facial lacerations, abrasions, 23 contusions, cervical and lumbar strains. Claimant Regina Walker 24 suffered a fractured pelvis. Claimant Kimberly Walker suffered 25 fractures of both ankles. Claimant Kendra Walker suffered 26 quadplegia, organic brain damage and is in a coma at the present 27 time. To date, Kendra Walker has been hospitalized since the 28 date of the accident. The injuries sustained by Kendra Walker -2- 1 are permanent and continuing in nature. So far as is known at 2 the time of filing this claim, Claimants have incurred damages in 3 the amount of $20,000,000.00 as a result of the above described 4 injuries and property damage. All Claimants are related and each 5 was in the zone of danger of the accident and suffered emotional 6 distress from observing the accident and injuries to the other 7 Claimants. 8 9 6 . The name of the specific public employees causing 10 the injury are presently unknown. 11 12 7. At the time of presentation of this claim, 13 Claimants claim damages in the amount of $20,000,000 .00 or 14 according to proof. Said sum is computed based upon medical 15 bills incurred to date, nature, extent and severity of the 16 injuries received and the property damage to the vehicle at issue 17 in the accident. 18 19 DATED: March 2_�, 1986 . 20 21 PADWAY & PADWAY A Professional Corporati < &Z"' n 22 23 By aY-( LAURENCE F. PADWKf 24 Attorneys for Claimants 25 26 27 28 -3- D D Ct.AIlq �i' BOARD OF SUMVISORS OF '1R_ COSTPA 00Wff. CALIPOWIA VDARD ACTIW Claim Against the County, or District ) VWTICE TO CLUMANT Ar r i 1 22 1936 governed by the Board of Supervisors, ) The copy a t ed to you to your Routing Endorsements, and Board ) notice of the action taken an ycxr claim by the Dula+ Action. All Section references are ) Board of Supervisors (Par'agr'aph I9, ), to California Government Codes ) given pursuant to Government Code Section 913 - - and 915.4.. Please note all 9WarninW* Claimant: Carol D. Bussiere Attorney: Address: P.O. Box 96 Clayton, CA 94517 Transmittal Amount: $223. 54 By delivery to clerk an April 10, 1986 Date Received: April 10, 11986 By mail• postmarked on I. FROM: Clerk of the Board of Supervisors 10: CounET Co rael Attached is a copy of, the above-noted claim.((�� - r Dated: Ap r i 1 11, 1986 PHIL BATCHELOR, Clerk, By� �v �%� Deputy t. II. FROM: County Counsel 70: Clerk of the of Supervisors (Check only one) This claim oomplies 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 oannot 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: 9, &ADeputy County Counsel f III. FROM: Clerk of the Hoard TO: (1) ty Counsel, (2) County Administrator ( ) Maim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER BY unanimous vote of Supervisors present os o..w+&.hdeA U) This elaimt,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: AE R 2 PHIL BATCHELOR,=Clerk, By Deputy Mark WARNM (Gov. Code Section 913) have six months from the date of this n exee ioc� and s 6 b to certain ( ) Stn pt • y� y notice was personally deposited served or de ited in the mail 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 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 m the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimart•s right to apply for leave to present a late claim was mailed to DATED: APclaimant. 4198§--"M HBATCHELOR, Cl By • Deputy Clerk cc: County Administrator "(2) City Counsel (f) _ n NOTICE OF INSUFFICIENCY ,,)JVD/OR NON-ACCEPTANCE OF CLAIM ED county counsr' TO: Carol D. Bussiere RECEIVED APR o P.O. Box 96 9198b Clayton CA 94517 APR Io 1J86 111111nez PHIL SATCHELOR ► CA 9485 CLER SOA OCR ISORS Re: Claim of CAROL D. BUSSI OST rub Please Take Notice as follows : The claim you presented against the County of Contra CosLa or District governed by the Board-=of--Supervisors fa-ils-' to- comply-"substantially with the requirements of California Government Code Section 910 and 910 . 2 , or is otherwise in.sufficent for the reasons checked below: 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 AaAxv, place xnrxt )pft� of the occurrence or transaction wh.lch gave rise to the claim asserted. (See below) 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 oresent:ation, 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:_Please indicate what road the accident occurred on. VICTOR J. S%TESTMAN, County Counsel C C-L4s-e. TZ By: : � rLln Deputy ounty Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§1012, 1013a, 2015 . 5; Evid.C. §§641 , 664) till; 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 S-ates, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true cony of this Notice of Insufficiency and/or Non-Accep;:ance of Claim by placing it in an envelope (s) addressed as shown above (which is/.ire place (s) having delivery service by U.S. tla ; 1) , which envelope (s)' was then sealad 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 c•-Drrect . Dated: April 3, 1986 , at A•lartinez , California . cc: Clerk of the Board of Supervi s (original) Administrator (NOTICE OF INS*:FFICIENCY OF CLAIM: GOVT. C. .§§'.�10, 910 . 2 , 910 . 4 , 910. 8) CIAIM 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 CA R.OL S U 5 5 1 Eye.E ) RECEIVED Against the COUNTY OF CONTRA COSTA) MAR"aP11986 or DISTRICT) PHao CHELOR (F111 In name) ) CLER ARA STPECRVIS �' The undersigned claimant hereby makes claim against-the Co my of Contra Costa or the above-named District in the sum of $ a�3. 54 and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) 31 t 1 / 9(p 3 : 0 0 �ir1 2. Where did the damage or injury occur? (Include city and county) V14m i . eASi o F CST L/� i of r_L4yT0^) y . ________________________________________________________________________ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) i T 106 i P DLC (,SIT 4 LEFT -r K-0>' T J Ke__ ------ -- - ---------------------------------------------- 4. Wh-at--particu-------la-r--ac-t o--r--omission on the part of county or district officers , servants or employees caused the injury or damage? (over) 5. What are the names of county• or district officers; ..-servants_vr 1� employees causing the damage br injury? ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) 7' ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) SEE * (v tq-6 ode. /EST1��tl� S 8. -----N--ames------and---addresses----------of-----witnesses------,-doctors---------and----hosP-- --itals------------------ �8 A 93 d9 4-4 mon-G-41l 1-6 7ffXzYXe, cT, w. C.. � C.A- . C E10 TPOmP5M 6101 CLq (1T671 KZ. G�G�.D 1 CA- . ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney e-A 2.OL 0 Claimant' s Signature P o. 'box 960 Address 4 ys1 c v ?o CA 7 Telephone No. Telephone NoCLVS ) O a ' aA5 ************************************************************************** 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. " k D `1 ^ e > D „2 mCA r +D Z r 0 3s r, ` c m CJ m 'a m m y m e n m m y O a •w �--� c m Fm m � m ai ` "j N 1� t Z \1 1 Nm Nm D Oy Oy N. O n m `� r _. T Z D; _a =!C) rr; 4w _ Zo °o °8 s - r . . O :, m P, 9 0 m m C Z m y m r- Z �1 1 OJ h O ..i i yr v n m m r d t ^O' D J O Oy c �VNy `sti 0030�'�0 1 .'. C �swgWRm� J Zl p{{j {+� WO F— pi CL Mae 0 0 0 0gml w � oo;o�,� m = z d n o m asp' ' " Sm'�mim�'m O ' `v IE O o"mm_ Z it Z n DP;�. ^ m O D C s.�a,.. m 'a`" '_:.J 1 = -go. Fo O Q�Q • P'1 I.r; O Z zcm-�b'nmmn Gp � M �. Z O n Z ;: Rmsg_-s OOH J7 C� y o n5oo'$of m2 v �mcm�. ❑F $ �I� .i -m mm _ �.ggmRx3 On m' SaI;oRm N ,mm. ma —4 0 —4 0 0 O : mwm M m �m �� O D D C C D O �;: 3m MC m" m0 mm O �m m mm m v D N X m m .D i mo m5 m� mm m,3F am mo m m r 0 m N rr ?kf. '� OD O O m m m m m D D C S m m _ m O O pr m p ca k>. 7 2n D Dco -' y ❑ ❑ El,❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ �1 o J) 4E: ,.;'^•,'?n`S`'�'r �kit- n ..s f Estimate and Statement-of .� r :f Y 244850 Repairs and ServicesPei.formed I � h� FRANK r VI ��.,i'..•kms'�•.,-:..<'. _ n. — .e: a•�-s. �.3.Vis^ tr i§`',.'G, y.°'k' , HMON kyr C f t 5 Cu3t6mer Nam Date 9: R Address44? ` City,State , Estimated By i Business Home �� Car Make Model ,Year Mileage(Odometer Reading Dense No 'ate* 1 t: ESTIMATE r STATEMENT-OF•REPAIRS .` AND SERVICES PERFORMED < Repairs and Services < Labor Total w/t) f Total f Number Y�7 { d V/07 { - - -. .h. ...[... _ fix L � - _ Remarks i S j ,"2 r t. _. .. Y _2�z _ . Customer Authorization Date RS-119-E 5.72 AMENDED CLAM BOARD OF SUPERVISORS OF COW COSTA OM %Y, CALIP+ORNIA BOARD ACTION Claim Against the County, or bistrict } WMCE TOCLJlIMA1QT Avril 22, 1986 ` governed by the Hoard of Supervisors, } The copy of this document mailed to you is your Routing Endorsements, and Board } notice of the action taken on poen' 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: Danny Current Attorney: Address: 1518 Esmond Ave. Richmond, CA 94801 Transmittal Amount: Unspecified By delivery to clerk on March 28, 1986 Date Received: March 28 , 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: March 31, 19 8 6pHIL BATCHELOR. Clerk, By Dep y a Kntowies II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( This claim complies substantially with Sections 910 and 910.2. O 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 warring of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: a C�� -C-G �x�-J 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 p4S wma.elcl�d ( X) This claimiis 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: lqffLPHIL BATCHELOR, Clerk, By 1101- , Deputy Clerk WARNIM (Gov. Code Section 91 ) 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. FRCP(: 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 toaimant. DATED: APR 2 4 3886 PHIL BATCHELOR, Clerk, By w _, Dewy Clerk ox: County Administrator (2) County Counsel (1) LCLESOA ` IVED Id I� 'C4cpKwxa CL41r C, •� . 19is0 • ) Qv� c ������ LOn \ r PECRV -- RS As Or -motor - - —CD-ckr - - ._ r\Qo .�ecV .-_ir-�' -c,r c cC��G1e_ - ._7z k _.___._�-�..-, ��o►.�SC r•c��c-5_- -_�-�,.�o c,��•a w-�--=t�1--e._V ate_.��e___:_�Ja,� ---- _ ---..e-.�:--__ ��_ �s.. .�c_:-d�dn'�_ ha,� _.._se���2.1�s--tom._�-�1-._�Sc.r►�eee.cJ_l_ S �i-!z- w-a S-- -1 --'-�'-'--=o� �- - ----- _ W`oo`Z.,r.^cx-4e_Y.__b_U ecus_...v1ck -- --- —_.__-------- - Q �`� So,,�e-c'S _ . �s�„Q�„�-- .�:-1 oc�----5loy�•--��_ �-e:�`_c��S _ i w _CCou,Y\ - c`e S pons ca b •r —--- c' LAS -�o �.Q. __wee_._ --a-_Inoses -D_r �.►_ _.� ... _ k MAR.2 6 :1986 Ynex,,G �� -A 5a - __. ----`--- -. ;--------- ------ — --- -- Marti 2 i ' 7 +I ArTENDFD CL1lII+I i ' � VIERS Qt RA oD�'PA oD[)NTi CALIFORNIA' BOARD SQPB�t BOARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLAIKA1� Apr;l 22 , 1985 governed by the Board of Superviecra, The copy of samended to you is your Routing Endorsements, and Board ) notice of the action taken on 7zur claim by the Action. All Section references are Board of Supervisors (Paragraph IY, below), to California Government Codes ? given pursuant to Government Code Section 913 and 915.4. Please note all *Warnings*. Claimant: Frank D. Evangelho Attorney: John A. Noda Lawrence E. Kern, Inc . Address: 1840 Van Ness Ave. , Ste. 8 San Francisco, CA 94109 Amount: Unsp ec i f i e d - By delivery to clerk on Date Received: April 7 , 198 6 By mail, postmarked on April 4, 1986 I. FROM: Clerk oY the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: An r i 1 7 , 1986 PHIL BATCHELOR, Clerk, By (,t .�� Deputy L _. II. FROM: County Counsel lbs Clerk of the Board of Supervisors (Check only one) (4 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 A claim (Section 911.3). ( a. Other: Dated: By: Deputy County Counsel E III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( 1 Claim was returned as untimely with notiee,.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 'As a true and correct copy of the Board's Order entered. in its minutes for this date. Dated: PHIL BATCHIIAR• CerkBY0. Deputy Y Clerk WARNIM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally seried 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 oonsult an attorney, you should do so immediately. V. FROM: Clerk of the Board 1b: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this olaim 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 DATED: A� tT98L PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (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 April 2 , 1986 Contra Costa County Board of Supervisors 651 Pine Street, Room 106 Martinez , California 94553 Re : Amended Claim for Apportionment of Fault- Indemnification and Declaratory Relief Dear Madame or Sir: Enclosed please find an Amended 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;�rul ours, 25 eA'1WRCE . KERN ` LEK/mam/N 10 Enclosures Certified no. : P24 6078221 AMENDED 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: RECEIVED Frank D. Evangelho 415 El Rio APR -7 198b Danville , California 94526 PHIL OATCHELON (2 ) The name and address to which claimant desireR SUPERVI�Q Rs this claim to be sent is: a �.• ,tsti'JY�.,�, 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 California Highway Patrol' s Traffic Collision report number A-22268 dated August 27 , 1984 and the Complaint and Cross-Complaint attached. hereto respectfully as Exhibits A, B and C. 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 on March 13 , 1986. A copy of the file-endorsed answer to Unverified Complaint by the claimant is attached hereto as Exhibit D. (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, B, C and D, 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, B, C and D, attached hereto. Dated : April 2 , 1986 LAW OFFICES OF LAWRENCE E. KERN, INC. 0HN A. NODA, ESQ. �At rney for Frank D. Evangelho TRAFFIC COLLISION REPORT 1111.. 1 D. • _Ite��l CO.OlT10.11 No......so w •a CITY wo,uu DnrwlcT "4"0911IELa.r 2 Fatalities 1 ❑ Antioch Delta Municipal 1 Injury •0.■ILLE0 » S a cow"rT 10EPORTING DISTRICT SEAT A-22268 . resp. ❑ Contra Costa 2 LOLL/SIO»eCGVR.aa 10w YO. Ow• Ta. TIr�.(sYSI MGIC rVYeER OI IICgR I.O. c Victory Highway ---w_- .---- --1--___� _ 8 i 21 ..T,-ATA4,L TO.AN.'. 8 205E Q701 #33 YIL{►OST Ir10 RYA Tier -• 1». (` 11TA•{ Nle.tA• *•LAT{O < .-1111 1111 1111 1111 _1111 1111.1111 "46"11P 0 poor OR rlla POST • 1111. ®Tae ❑a0 0.a a Tas 03.. LJAT..rum 11a CTIM a1r•r P.Oveaft.PN11 ❑f p.: 3/10 /11117,-.,.. Mile East.. Willow Avenue r.. ❑.e DARTY RAMS 101.011T,r1DOla.LAST) OW.eN'S wwra .Ar. As oarv.a Barbara Elaine Luna Galva. STREET AOe ae es rota PN Ow10 orY■a'.AOOes.11 1111 r{ As O.IVEa XX 739 W. Alameda (209) 823-3464 PROR11- C,Tf/STAT*/•IP 10.111»ass 1.0w9 01SPOSITION OF vat. Or OROgKs OI ..IAM Manteca, CA _ Towed by AAF Ir O/IICE. ❑ORw*■ ❑OfNgw PARKED O*1Yan'$LICENSE wure.■ STATE a1w Tr O.Ta I'm T��DIRECTION OF ON/.CROSS ISTPRET Oa NIONWATI 11►gaD►IYIT vat, Y0. OAT TR. ♦w.vel E0451562 CA 9 : 4 ;51 FSouth Across Victory Hwy 45 mph SICT- vat.Ya(sl NAKE(S)/.•OD.L(S)ICOLOw(.l ►Icar11a N0.1%) STATs(S) CNP_US It VSrICLE OA"AGE-a AT%MT/LOCATION C LIST ONLY 1971 Dodge Coronet Wagon 357 CWD CA varlCLa TT ❑MINOR ❑rOOGNATa ®rA10a ❑TOTAL - eTTISR _. 1111 Gold DR Door / Interior front seat PARTY RAYS (111017...,WL9.LAST) o.ws.'e r.Y• .AI•e A.0.wKR = Robert Joseph Macaluso DENVER ST10*{T A000E68 Nora ►Nora OANEt'e ADDRESS *­41 AS 0.1.11100 XX Rt. #2, Box 219 757-3302 Ptogs• CIT,/s T.re,S11 wu.a1111 PN o.a onroSlnew DI Vg N. ow owous o/ TR IAA Brentwood, CA Towed by AA ®O..IGa. ❑0..... ❑prNaR P.■Nae OI ewwaft's ucw.sa aVr10ea $TATS 101RTwO.T4 11tHJ�co KR10"OI OR/ACROSS (SrRaaT O.NIONWAV) 11P[.D LIMIT C1112722 CA 11 : 10:.0 OAT 7M West Victory Highway 45 mph elcv- Tar,Ta(s) "Ana(si/YeeaL(Sl/Gelow(0) LIC*wsa ...(11) ST.Ta(111 CNP VSE VENICLg DAr.ca-*Kra../Loc.Tlow Come` eNLY 1976 Harley Sportster MC 3P8596 CAC.-CLS TT. ❑rlrow ❑rOORRATO 13 MAIDS ❑TOTAL .TNR. 1111 . 1111 . . Black Front end PARTY wArE(/IasT.rIEOIE.LAST) Or Ng w'.NAY• SAY■ As DRIVE. S..Vaw sr*sur.41434E[e --- NOre Pr O.E Or•IEe's ADoaass 11Are AS ORwaw 4. ►as■►• CTTT/fTA•a/iI• ev111 490,Ir Dwa DISIOS.TI p OAGet.S . �-� ' + Y o.• IES- pR•vgR ❑oTwa. I.a.ge o101vaR'E LIGErse..-Gas STATE a,wrr DAra .ai eP Is,aaa ur.T Ysr, 1111 _ s•O. OAT •a. .Val fLvli EIcv. Va..•0121 rAKE1a1/reeSLI.I/C0,00(s) uCE.114 re.(s) 11f. It N►wit [+. OA r.aE-■K/A+T/LOCATION CL/STlt '- 1111 Clg♦•P r1 oOawATE ❑ _0.Ow ❑•ef.l o Tw E e . . . . . . . . . . . �� L� 'r• �, PARTY w.ra IPIRaT,Roel{,LAST) Oe+r '�L.r t� �! s rws owlVaw • RECEIVED D*Ivan 11,11 D _ wet■ ►»0.11 c • •11 U S. As PS egY CITY/. • 10u s•+e t11 Pr OwR OISIOSIT.O.D/ raw. O. OROI.s 0i •Eur - ❑oP..c aR ❑ o.Iva* �.� oTN•. PA.• `M s"Car;e.ayY se■ [O�D�O STATE 000--?-0 AT Tw. Sal wAca p1 •w.L p1 Ow/ACROSS lSr.[.T o..Gc v) S•[aD Lir IT Te T / nPAT 4-1 ACK SIC•• .Vale. r.wg , ;rood la) uca.11R NO.ls) STAT.Is) Cr/u.. V..ICL. O.r.ca-esT11+T,LOCAT,Oft "O, C oNL• F � 1V . ve.ICL■A L.J r•+o. ❑roDa.ATE ..._i ruOR ❑ TOT.L . . . . . , , . -.. . . . . . . . . . . . . . . . . . . 1y CHP 555-Page 1 IRev 8811 GPi 047 = RASE INJURED/WITNESSEWASS+ENGERS 3 Opts or COL►101048 TIME (yM( INCIC MVYe/s D./Ices G.O. wVYB■e 8 e.. 27 84 2050 0701 #33 A-22268 UXTRNT Of INJURY (check one) INJURSO WAS (check one) r17Ma4545 •./aaNDaR •Ot 45tX .awTT DAILY OMIY ATA►IrJVST a■YEs■ MOV wO OTrfp VISIeL■ C=.L.AIw7 ORIVaw ►ADE. KO. ICT CLIeT OTr B■ NYr45E Du.ewTte r■rne�w IwJuwIE9 0. .AJw ❑ ❑ . 32 F ® p 1 N.re TAKE.TO 'mi.. OONLT( Barbara Elaine Luna Delta Memorial Hospital .000896 TaLf•«owe 739 W. Alameda, Manteca, CA (209) 823-3464 201 M I CL I ® I El ❑ 101 2 rAYB _ TAwsr TO (INJVp80 OwLT Robert Joseph Macaluso Delta Memorial Hospital Asowess TaLf►»oNe Rt. #2 Box 219 Brentwood CA 757-3302 ❑ ® 45 M 1 ❑ ❑ ❑ 1 ❑ 1 Q 1 ❑ ❑ 1 ❑ I2 MAYB TAwEw TO 'IwJVP60 ONLT( Jose Isabel Luna DOB: 7-8-39 Delta Memorial Hospital 4000880 TELa.»ONE Rt. #1 , Box 122, Oakley, CA 625-3938 ❑ ❑ ❑ ❑ ❑ L ❑ 101 ❑ ❑ ❑ ❑ 01X019 TAwEr TO (Iw)Vw9O ONLT( ♦Dopes/ TtLB•rONt ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 ❑ Dt ❑ 1 ❑ 01..45 T.weN TO (IwJuwso OwLv( ^sense• •fLv»owe Mart TAMew To (INIuwfO ONLT( a45awfee TELf•»Owa ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Mara TAKEN TO (INJVwfD ONLT( ADDRESS _ TRUS►»eN8 ❑ ❑ ❑ ❑ ❑ ❑ ❑ I ❑ I ❑ 1 ❑ 1 ❑ 48AYf TAwEw TO (INJVOfO ONLT( ADDRESS TELS-0-6 .Are TA-aft TO (INJVpeO ONLT( ' &Osmate TfLe•rONt ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ � ❑ ❑ I !� i M..e TAwsw TO IlsluwEa ONLT( A004e99 Tt Lf.»owe EXTENT or INJURY (check one) INJURED WAS Icheclr"Te) WITNESS PA SSUMOSM PART aOt OML7 ONIY /as AT.I JwJVOv SE VEpf rOUNO OTrBR V�fleLf Cor►LAIwT • e1eT On 7fD 019 resp NJVr19f O• •Aar OAlrtw Aff. •e 0. e.Cr Cllf.� o.�9w �NV 0145 .48E•AA nwf NAYS -- I.O.Nuretp YO. OAT Tw. pt vl■r8wf 010. OAT TI G. Conklin #33 8 28 84 s CNP 555—Page 3 IReT 84311 OVI o+? :ACTUAL DIAGRAM •Awr 4' arq:o• COLL.aror r.rw }saga} wc�c w�rwaw orP�crw ..o. wvraaw 8D, 27 .a. . 84 2054 0701 #33 A-22268 ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED(SCALE• } ��'"_�.._�� Com«ca .+IsK _ �•�, _.._.�._._._.�,. �._�..... VA C r. � �• - wows f' r E1E t•�l K X k h •w yC K IK A ,JC y X -Po\♦ v x U3 tir .t 4 K s ate'9 L 29'3" –;- 28'G00 —� V Gr V-2-- 35 fes. V}CToe �•a� �j N C-4 AD 23 N. bAv ,_ �2 '- _ = lam}. twcl�cr•".� f.. . � f f.. III—fill t ! t } { aa•Aaaa'a vara .-*a. ro. aa• .w, as.wean-*war• G. 'Conklin #33 8 28 84 :HP 555—Pop 4 (R1v 8.81)OPl 047 faa�rse ahc t,a r-.zr 5 c.ac.ora c»ac.orf NARRATIVE/SUPPLEMENTAL [ NARRaTIV[ ❑ SUPPLEMENTAL CO.L,l,Ow w[►OwT ❑ OTN[w: OtTf O/ O.lalr.♦.r C,Of wT 144061Tlra ' 1 wtlC i.0 rffw OI►ICfw I.D. Nurff. ro. 8 ... 27 .w. 84 2050 0701 0 33 A-22268 e.T•/eou.ITT/.valcu♦RnTwIcT wf.ewnra ourwlcT/aa.♦ e1T.now wuYaaw Anttioch/Contra Costa/Delta Municipa 2 ♦oc.Tlor/wa/fcT Victory Highway 3/10 Mile East of Willow Avenue - Auto vs Motorcycle - 2 Fatal , 1 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 atOL140'FirT- 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. 0 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. ..[r•waa'f ..rf .. _- F o. wurff. ro. o•• •. .avu wf•'.« rf ro. o.• G. Conklin #33 8 30 84 CHP 556 IRev 8811 OP1 042 Use ore. c:.:ed�tiOrtt�nv.l n..,..,.. _. _. ._. ..a. 6 . c«ac.a.a A,RRATIVE/SUPPLEMEiVTAL' ® WARaiTtY= ❑ :v..LttacteTiL COLUStok a[.O.T D eT«aw .Ta o!aalal.iL to Claa.T IT—* 11/N) «CIC.Vraao as.tCa.e.0. .uraa. 8 27 Ta. 84 2050 0701 #33 A,22268 YT/CaV.TT/#ralCti\ C.T.Twa Antioch/Contra Costa/Delta Munici al 2 �w T.a./auuac♦ Victory Highway 3/10 Mile East of Willow Avenue - Auto vs Motorcycle T 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 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 damaged. 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 damaged. 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 48481 .2 miles on the odometer. The ignition key was "On", the headlight switch was pulled out and in the "On" position. Tire Condition: L.F. - Bald in center of tread Good rea R.R. - Bald inside tread L.R. - Good tread 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, black in 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 control ripped off and laying on right front passenger floorboard. Two toggel switch mounted in front of gas tank left side of frame were in the "On" position. Vehicle wedged on top of the front seat and inner, :•..a■',.swa 3..uwata wa. Oa. ♦a. .a v•a wa a',.gra ro. ow• •a, G. Conklin #33 8 30 84 P 556 1R*v$41?oPl 042 Ute ore—out edtttom%unttt deo+eted _ wr • _ CwwCw Oww' Cww Ccs*us NARRATIVE/SLiPR1_EM ENTAL NARMATtVe !U► =MTAL ® COLLtftOM OR COT CD aT»Ew'. &ATG OF Ow NIw A♦6OCtawwe TIYw (pM) wCIC wVrOww O►►1Cww 1.0, wurwww •..0. 2050 0701 #33 A-22268 C1VV1COVwVV$PVOt9IA#,O•w Tw+CT Ow►OwTtwO OIw7wlC 7/wwAT CtTATtOw .Vrwww Antioch Contra Costa Delta Munici a 2 LetATww/wuw.wcT Victory Highway 3/10 Mile East of Willow Avenue - Auto vs Motorcycle - 2 Fatal , l 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 Office 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 . P-2 Robert Macaluso was pronounced dead at Delta Memorial Hospital , Passenger in V-1 Jose Luna suffered a fractured 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 Bartera Luna was recovered from the driver floor board in the Dodge. The purse was later turned over to Deputy Young at the Antioch Police Department. Statements: Interview with Jose Luna and friends or relatives of the victims was handled at the hospital by Traffic Officer Truitt. (See Officer Truitt's Suppleimental 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 Demaris. The Fire Department told me that upon their arrival , no signs of fire were present! East County Ambulance was already at the scene and was treating the injured people: /ww►Aww w'w wAww .. � �— t.o.wuYwCr YO. O.• Tw. ww vet-ww'1+.Awa rO. a+* .. G. Conklin #33 $ 30 84 CHP 556 (Rev"I I OPI 0-42 Use previous edtttons until depleted. 4''0 A? i•tt 8 CwtCt Owt Cw[Cw Owt JAR RAT IVE/SUPPLEMENTAL ® Nsw*„T,,,= ❑ sur*LEWICHTILL IN COLLISION WCPOwT ❑ OTNtw: rra 00 owltlw^L IwtlOtwT rlrt �1r��) "CIC "W"11,110orTlCtw I.D. w�r[[w a O.T 27 8a 2oso. 0701 N33 a-2226s ,T'[/CWrTT/IVOICIUL SS,TwICT wt►OwrlNt 0I1170ICr/0"T CITArIOw NYrt[w Antioch/Contra Costa/Delta Municipal 2 yCar/Ow/W Oet Cr 'ictory Highway 3/10 Mile East of Willow Avenue E Autovs Motorcycle T 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 names of the below listed responding employees: 1 ) Stan Zukowski - DOB: 4-14.60 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- was givina 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 and removed Jose Luna from the car. He was positioned on the south side shoulder 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 right 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. t►�w[r'f wart LO.wvrt[w .o. Oww v. w[r•t-[w'T waw[ +.o, w:s sw, i. Conklin0 R4 ITJ=JP>0 . -4P 556(Rev 8411 0P1 042 Use a/ev10ut TKII flan,untlt deOiT ted • 9 �-gCi.Ni G«gi«O«i NARRATIVE/SUPPLEMENTAL [M wa++gTtvc ❑ eurrLKMKNT.L ® COLLISION .grO+T ❑ OTNRR: ..Tg or 94141404.4,oweiegNT La. «u wag« 8 .a. 27 ... 84 2050 0701 #33 A-22268 CITTlgo.«TTNvag..t e1r Te1CT - w.r.aTU...I[T«ICT/.i.T CIT.T.O««.stag+ Antioch/Contra •Costa/Delta Municipal 2 ►oa.Twr/ru.+.er . Victory Highway 3/10 Mile East of Willow Avenue .. Auto vs Motorcycle - 2 Fatal , l Injured 5) Black plastic sungiass frame fragments believed to belong to Mr. Macaluso were located southwest of the richt front of the Dodge. These fragments were Pho ogra hed then collected and transported to the Police Department, 6) Headlight filaments belonging to the Harley Davidson were collected on 8-28-84 by Officer Worth at the City Corporation Yard. (See Officer Worth's Supplemental Report A ndicating the filament finding.) 7) Contra Costa County autopsy reports on the cause of death P-1 Luna and P-2 Macaluso. 8) Contra Costa County lab reports on possible blood/alcohol levels. Onions and Conclusions; Vehicle-1 the Dodge was southbound across Victory Highway exiting out of a northside private driveway to a grape vineyard. Vehicle-1 the Dodge was attempting a left (eastbound turn) onto Victory 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. The driver door to the Dodge was broken off by the impact of the Harley. The Harley intruded into the front passenger compartment. P-1 Barbara Lyna was sent to the right 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 interior of the Dodge: Major physical injuries re- sulted in thedeath=of P-l.Barbara•-Luna and-P-2 Macaluso; Passenger Jose Luna also received major injuries requiring hospitilization. rwara«g a'r wwwg _ - i.o.«v wear 040. est• .+, r[..[w[r's rw«[ ro. ow. v- ronklin #33 8 30 84 �- CMP 556 (Rev 6.811 ON 042 Use Previous ed,t ons until depleted. 10 Gw.C..N. C.0 C.OMa 4RRATIVE/SUPPLEMEtNTAL' ® «.M..TtV. ❑ •U..{.;rRNTAL LLT COLLISION WUVO.T :.COW I.C.o.NTTJra ( »} wCte wU..aew - 011ie**I.D. wW.&W• 8 27 ... 84 120"50 0701 #33 A-22268 WICOWwTTIAWO.CI.L..STM.CT .a•O.TIw.aI,T.ICTf.a.T ClT.T/OM wVraa. .1tioch/Contra Costa/Delta Municipa 0701 .ATNwf WiJa CT ictory Highway 3/10 Mile East of Willow Avenue - Auto vs Motorcycle - 2 Fatal , 1 Injured ATE: Mr. Luna was eliminated as the driver of the Dodge because of his position-, -sandwiched between the driver and right front passenger Boor with surviving injuries. Upon viewing the scene, a vision obscurement in the following forms was noted. &.-three foot drop ofiel"evationafrom_;the-paved:.portion,of-:Victory_Highway.-to.-a• position one car .. length north of the private driveway entrance. Second, the presence of approx. three.-loot tglordr4edr-weeds, a ftodenateiephone%pole-4tOA1Md welryt&tree-stumpVhaying wild' fucker shoots jr.eventingwist-offrof�on-coming vehicle traffic-approaching:.the.area from- -- -- tlg..east. An automobile's approach is difficult to detect due to these combination of factors; a motorcycle's approach is more difficult. Preliminary indications tends to shoe that both vehicles had their headlights activated. ,CF: 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. )isposition: 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. ..ia.`i w.r. �.L'.wVri.. r0. O.r r.. is V..ra.'f w.ra r0. O.• •.. ;; c X33 8 3a s4 P 556 tRev 4-81)ON 042 Use Previous editions untl,deoleled i OF- 4 aiVO r J 1,,• fi r � J 2 3 ul � d 4 : d , ` Page I . o t � ♦ 7 fi M � 000 `4 t 1 46 r 4 1 i 4cs 4i Page 13 #A-22268 G, Conklin #33 Sketch Measurement Information Point A is the wooden power pole #20A16 located on the North curb line of Victory Highway, 5�2- feet North of the North curb line. V-1 L R bumper from Point A 9 Feet West of the pole (PA) by 13h Feet South Y-1 ' R R bumper from Point A 14 Feet West of the pole (PA) by 1611 Feet South V-1 L F bumper from Point A = 1 Foot West of the pole (PA) by 28&i Feet South V-1 R F bumper from Point A = 3 Feet West of the pole (PA) by 32 Feet South V-2 R Sire to Point A 1 Foot West of the pole by 22 Feet South Misc. Measurements Point A to sunglasses - 7 Feet West of the pole by 36� Feet South Point A North to walnut tree stumps = 10 Feet Point A to lst stump = 22 Feet Point A to 2nd stump = 53 Feet Point A to 3rd stump = 81's Feet IL 1�0 Or _ �1 . � — •.• .. a �� 1. :f- 1 . �,.. .',;r. ,'-•.'�'- . . ' - '.-;.ice `1 � , - 1 3.L S _ 00 m d - t �o v Ilk- 04ol 46 _ .:..._ bnjIV A I . . •Q a / / /may i t • \ lcdowoewr'tiPowt NARRATIVE/SUPPLEMENTAL ❑ NAdwATIVX ® rtlrrLeYeNTAL COLUS900% as OAT ❑ fjTNer. �.0.10 or 00i64nw1.4"Cou/wT - re. sw• „�/ .w, Trrr{yS400) wcoc wwwo[w wwlceft...D.. rr QT V m© 39 wA 2 2.2- 7Q 7Q p ♦OCATIew([YtIl CT 7-204 f�6, 0R� '/rQ "W rrrr. 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Y4 i!`S F y .moi -`• Z � ..r ff+ �.; -� - ����'^,-�3 a•�z�:.c jt'� � �'4jf S. ep7�� Y•• - _ Y" ..erµ-if- -56; 45 '.. 4' ��, -r�. i +--� mss-• � , ��Cr¢ fx�+'� f ''` l 4• r qty �� s ; �,..i r'._"_ —�-, cE'.7 .3�J� L r .y_,..•c � -- r•7-- va" ;'�,�s -a.;s�-z. sL---�- � -�."} � y` u __r y a p —L`. -�;r -s'ES:a,. -.r� � t-F..�,• 7 'c- �'s'�..•"rte- i z�3'4 '�, � {�:.-v Tis. .'Rry � i -${ ��.dL :. 'a" ♦! �` 't_ . Y -Y { r - _ �'*�• ..'� :. +ice _ ..,..,,yrar -. v7w a f; 7 it� �J � s e"'h'. S•7M. L { -5 � 1 7' "VW i1INDEX BUREO' INFORMATION SHEET `" C-` uFE&;ASUALTY A. CLAIMANT INFORMATION NAME OF CLAIMANT (LAST) IFI ST) � MIDDLE) L no�- r"�L-110-ro - NAME OF HUSBAND OR WIFE. FORMER NAMES, PARENT'S NAME IF MINOR, OR ALIASES (//''�(, 1 . CLAIMANT'S ADDRESS IN FULL 44 � � ^ - - Q 4 . i CLAIMANT'S FORMER ADDRESS -739 " to r edo- 1 'QC PLACE OF BIRTH DATE OF BIRTH SEX RACE MARITAL STATUS IDOWED 4ORAGE _ ❑SINGLE DIVORCED �iA7lRRIED ONiER HEIGHT WEIGHT 01 OR HAIR COLOR EVES SOCIAL CURITY NUMBER ft, in. Ibs. OCCUPATION NAME OF ATTORNEY / o r kcr DATYF ACCINT � LOCATION OF ACCIDENT NAMES OF CLAIMANT'S WITNESSES ADDRESSES AGES / NAMES OF CLAIMANT'S RELATIVES / ADDRESSES RELATIONSHIP TO CLAIMANT B. COMPANY INFORMATION NAME OF INSURED (LAST � (FIRST) (MIDDLE) ao-nQo-11 (r_ REPORTING OFFICE TYPE OF CLAI ZL� CLAIM NUMBER CODE NUMBER ``^^,, 9qk) C. MEDICAL INFORMATION -[Subject to Reconvnendati 17(b) (iv) Privacy Compliance Manual-] CLAIMANT'SDO OR'SINAME (LAST) IFIRSTI :;y O (MIDDLE) DOCTOR'S ADDRESS SCARS OR DEFORMITIES DESCRIPTION OF INJURIES �1 D. REMARKS -1} IC-1896-C) 10-78 CAT.481238 PRINTED IN'U.S. tciFE 8'CASiJAL.TY A. CLAIMANT INFORMATION NAME OF CLAIMANT (LAST) (FIRST) )MID LEI 6r , '- NAME OF HUSBAND OR WIFE, FORME NAMES.PA f /N/T�'S NAME IF MINOR, OR ALIASES CLAIMANT'S ADDRESS IN FULL 3 �t CLAIMANT'S FORMER ADDRESS PLACE OF BIRTH DATE OF BIRTH S RACE MARITAL STATUS WIDOWED (OR A EI 8 SINGLE DIVORCED MARRIED OTHER HEIGHT WEIG T COLOR HAIR COLOR EYES SOCIAL SECURITY NUMBER ft. in. lbs. OCCUPATION WD��� NAME OF ATTORNEY ' DATE OF AC (DENT 44 LOCATION OF ACCIDENT r NAMES OF CLAIMANT'S WITNESSES ADDRESSES AGES RELATIONHIP NAMES OF CLAIMANT'S RELATIVES ! ADDRESSES TO CLAIMANT 1 S. COMPANY INFORMATION v Q NAME OF INSURED L STI / (FtRSTI 6 IMIDOLE) _,VC ( kr\ fFF--c v REPORTING OFFICE TYPE OF CLAIM ICLAIM FILE NUMBER CODE NUMBER r _ (}�Jql�./\� C. MEDICAL INFORMATION -[Subject to Recommendation 17(b) (iv) Privacy Compliance Manual—, lJ / 1�K./ r CLAIMANT'S DOCTOR'S NAME (LAST) (FIRST) (MIDDLE) DOCTOR'S ADDRESS y J! t '�b K (-o, 11 tl SCARS OR DEFORMITIES DESCRIPTION OF INJURIES ` f � '' �� D. REMARKS i`~t1" bm �l ( CAT.481238, (C•1896-C) 10-78 PRINTED IN LI.' SUMMON (CITACION JUDICIAL) fOR cougr vsr OhtY NOTICE TO DEFENDANT: (Aviso.a Acusado) 0010 PARA LSO Dr rA COW) PACIFIC GT.S & ELECTRTC COMPANY, ESTATE OF BARBARA LUNA, DOES ONE to ONE HUNDRED YOU ARE BEING SUED BY PLAINTIFF: (A W. le est) demandando) NENO MA4,LUSO, RUSA MACALUSO 4 CLrr 0001.00 E07.70 R01-84 You have 30 CALENDAR DAYS after this sum- Despues do quc /e enirrguen esta citaci6n judicial usled mons Is served on you to file a typewritten re- fiene un plazo do 30 DIAS CALENDARIOS para presentar sponse at this court. una respuesto escrita a mJquina en esti come A letter or phone call will not protect you: your Una carts o una /lamada felef6nica no to ofrcccrS typewritten response must be In proper legal proleccidn, su respuesta escrita a mJquina tient quo form If you want the court to hear your case. cumpfir con las formalidades legeles apropiadas si usted If you do not file your response on time,you may quiere quo la corle escuche su casa lose the case, and your wages, money and pro- Si usted no presenta su respuesta a tiempo, puede perder perty may be taken without furthor warning from el vaso, y le pueden quitar su salario, su dincro y otras cosas the court. . de su propiedad sin aviso adicional por partc de 13 torte. There are other legal requirements. You may Existen otros requisitos legates. f urde quo usted quits want to calf an attorney right away. If you do not llamar a un abogado inmedialamente. Si no conoce a un know an attorney,you may call an attorney refer- abogado puede llamar 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(vra el dimctorio book). telchinicn). CASL t.UM1J4P 0­00P d#4 ra.01 The name and address of the court'is: (El nombre y direccibn do la come es) _ SUPERIOR COURT OF CALIFORNIA 7r^} COUNTY OF CONTRA COSTA P.O. BOX 9.11 MARTINEZ, CA .94553 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direcci6n y el n0mero de tel6ono del abogado del demandanie, o del demandante que no tiene abogado, es) GARY L. RANDALL A Professional Corporation 1200 Concord Avenue , Suite 260 Concord, CA . 94520 (415)682-7777 DATE: AUG 1 1985 Clerk, by `' �^' Deputy (fetha) (Artu.trio) tDefegaclvl tsceil NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. Q as the person sued under the fictitious name of !specify): 3. = on behalf of fspecify):�if�Cr/lr � x-74 S C lL4'C rc, under: CCP 416.10 (corporation) CCP 416.60 (minor) CCP 416.20 (defunct corporation) 0 CCP 416.70 (conservatee) • CCP 416.40 (association or partnership) CCP 416.90 (indiviJua:) F-1 other: 4. personal delive,y on !date): 'y �M RNIoRS�d t-, Rcr�. •S.. ..� L.. T.,...r ..E r,....:...+ FILE F— Ir 7_;_T70AiZ_Y OA PAATY WITHOUT AT-ionNEYIPE AND ADDIIESS): J�Q Jr.�XZQIZeWHONE; FOR COURT USE ONLY �- GARY L. RANDAL-L A Professional Corporation (415) 682-7777 T,Z!,'D A 1200 Concord Avenue , Suite 260 It—Z 31 Concord, CA 94520 DUE: 23 Stared: Compu-7$ ATTORNEY FOR(NAME*): NENO i MACALUSO, RUSK MACALUSO Insert name of court,judicial district or branch court, it any,and post office and street addross: -SUPERIOR COURT OF CALIFORNIA COUNTY OF CONTRA COSTA P.O. Box 911 - Martinez , CA 94553 AUG 14 1985 PLAINTIFF: j.R 01 ss !i.cc my C-Irk NENO MACALUSO, RUSA MACALUSO DEFENDANT: PACIFIC GAS & ELECTRIC COMPANY, ESTATE OF B-IRBARA LUNA, 12 DOES I TO' 100 COMPLAINT--Personal Injury, Property Damage, Wrongful Death CASE NUMBER: CM MOTOR VEHICLE LX-10THE171 (spocily): PREMISES LIABILITY MProperly Damage M Wrongful Death 7 7 (Personal Injury M Other Damages(specify): 1, This pleading, Inc!udIng attachments and exhibits, consists of we following number of pages: 9 2. a. Each plaintiff named above Is a compotont adult CD Except plaintiff(name): [7a corporation qvaliflod to do businors in California 1771 an unincorporated entity(describe): M a public entity(describe): • M a minor 0 an adult M for whom a guardian or conservator of the estate or a guardian ad!item has been appointed CD other(specify): other(spocily): Except plaintiff(namo): =a corporation qualified to do business in California Man unincorporated entity(describe): f—I a public entity(describe): Ma minor =an adult M for whom a guardian or conservator of the estate or a guardian ad litern has been appointed M other(specify): M other(specify): b. Q Plaintiff(namo): Is doing business under the fictitious narne of(specify): and has complied with the fictitious business name laws. c. CD information* about additional Plaigtitts who are not competent adults is shown in Complaint- Attachment 2c. (Conlinued f ot in Appf ovea by ti- JIVOKI&I Council of CA Uftclivi ell"111" 1, Personal Injury, Properly Damage, SHORT TITLE: CASE NUMBEA. A'CALU SO vs*. PACr'Jrq GAS & ELECTPIC' CO,'-IPANY C COMPLAINT—Personal Injury, Property Damage, Wrongful Death 3. a. Each defendant named above is a natural person Except defendant(name): r—R,Except defendant(name): PACIFIC GAS & ELECTRIC COMPANY ESTATE OF BARBARA LUNA a business organization, form unknown F-1 a business organization, form unknown a corporation a corporation an unincorporated entity(doscribo): Q an unincorporalwl entity(describu): a public entity(dosctibe): In public entity(doscribo): other(specify): other(spocify): ESTATE Except defendant(name): Except defendant(name): DOES ONE to FIFTY CJ a business organization, form unknown a business organization, form unknown Q a corporation =a corporation Q an unincorporated entity(describo): CD an unincorporated entity(describe): a public entity(doscrit)o): Q a public onlily(doscribo): other(specify): ottier(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. r7 information about additional defenoonts who are not natural persons is contained in Complaint— Attachment 3c. d. 71 Defendants who are joined pursuant to Code of Civil Procedure section 302 are(names): 4. jQ Plaintiff Is required,to comply with a claims statula, and a. f-1 plaintiff has complied with applicable clairns statutes,or b. r7 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. 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. other(specify): 6. CD The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): (Continued) Pago two AT AOL CLK 982.1 1.01 E01 02 ROO,00 --[SHOTITLE: cskSE NUM.n[rk 2 S Or" MZALU.S' 0 vs PACIFIC GAS & ELECTRIC CO1"JP7'..NY, et al . COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Conilnued) pago t!%rco 7. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are CD listed In Complaint—Attachment 7 ®as follows: NENO MACALUSO, RUSA MACALUSO -- varents of deceased ROBERT JOSEPH MACALUSO. Loss of love, society, comfort, support-, 8. Plaintiff has suffered C]wage loss loss of use of property C]hospital and medical expenses r7 general damage M property damage loss of earning capacity r7 other damage(spoclty): 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 fait. just, and equitable; and for compensatory damages (Superior Court) according to proof. (municipal and Justice Court) in the amount of other(specify): 11. The following causes of action are attached and the statements above apply to each: (Each comps;:int must l.ave one or more causes of action attached.) r7Q Motor Vehicle General Negligence CD intentional Tort CD Products Liability r—)q Promises Liability C3 Other(Spec/fy): GARY L—RANDALL . . . . . . . . . . 'J use of.. !2 71 811offluy) --Per sonat Injury, Properly Damage, ALA*t+ai.+r+�t r-•.+�•) !:rr^ heath (Continued) CCP 4-1 woo r4K 0 Ft T 1 f L E: AS I k1ACAL.USO vs . PACIFIC GAS & ELECTRIC COMPANY , et al . GCSE - FIRST4 CAUSE OF ACTION—Motor Vehicle Page linvMC>01) t ATTACHMENT TO ®Complaint =Cross-.Complaint (Use a separate cause of action form for each cause of action.) Plaintiff(name): ' NENO MACALUSO MV-1. Plaintiff alleges the acts of defendants were negligent: the acts were the. legal (proximate) cause of fniuries and damages to plaintiff, the acts occurred on(date): August 27 , 1984 at(placo)- Victory Highway , three–tenths of a mile East of Willow Avenue, City of Antioch , County of Contra Costa , California . MV-2. DEFENDANTS The clelenzan!s who operated a motor vehicle are (names) BARBARA LUNIA 0006 10 b. CZ, The delenoants who employed the persons who operated a motor vehicle in the course of their employment are (names), Cr:, Does 10 to 20 c. The defendants who owned the motor vehicle which was operated with their permission are(names) Co Does 20 to 25 d. MThe defendants who entrusted the motor vehicle ate(names) Does__2.5___ 10 30 e, M The defendants who were the agents and employees of the other defendants and acted wi:t-,ir. the scc;:e of the agency were (names): M Does 30 10 35 11. The defendants who are liable to plaintiffs for other feascns and the reasons tot the';z!)fiity are =listed in Attachment Mv-21 =astoliows: CDDoes F*frn Apilottir40 by tho Jvdic-o#r-ovnc**1 calactrwe L"vel"s iiiinvary 1. 1942 r, CTION—Motor vehicle CCP 42! 1i Rule 1111a 112) AUSE OF A SHORT TITLE: ASC NUBEn , MACALUSO vs . PACIFIC GAS & ELECTRIC COMPANY, et al . TM SECOND CAUSE OF ACTION—Motor Vehicle Page 5 (nurnb*#) ATTACHMENT TO ®Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff(name): * RUSA MACALUSO, MV-1. Plaintiff alleges the acts of defendants were negligent: the acts were the legal (proximate) cause of injuries and damages to plainlill; the acts occurred on (cfale): August 27 , 1984 al(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 Does l to b. M The defendants who employed the persons who operated a (notor vet)icle in the course of their employment are(names): goes—10.— to—20_ c. The delonclants who owned the motor vehicle which was operated with their permission are (names): QM Does_251_ to . 2 d. CM The defendants who entrusted the motor vehicle are(names) � Does 25 to ___3_Q_ e, M The defendants who were the agents and employees 0! ilie other defendants and acted within the scope of the agency were (names).- Does I to 35 The defendants who are haUle to plaintiffs for caner reasons arc ine reasons for the liability die =listed in Attachment MV-21 =asfollows: Ole CD Does to Form Approved by the jvc.cw Council of Cai;fornos Eflect,vt Jonvaly 1.19112 P A I 10 0 n IT A P"r, I tir.r � SHORT-7-17—v1. • CASE NUMbEA MACALUSO vs . PACIFIC GAS & ELECTRIC COMPANY, et al . THIRD CAUSE OF ACTION—Premises Liability Page 67 (number) _ ATTACHMENT TO ®Complaint Q Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff(name): KENO 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 fo!lowing fashion(description of promises and circumstances of injury): Plaintiffs are the heirs of decedent Robert Joscph 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. ® Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): PACIFIC GAS & ELECTRIC COMPANY ®Does 25 to _3..0 Prem.L-3. ® 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 COMPANY MDoes 30 10 35 Plaintiff. a recreational user. was Dan invited guest Qa 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 "- ,consiruc:rve notice 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. [D Allegations about Othor Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): PACIFIC GAS & ELEI RIC COMPANY ®Does 15 to_4S b. Q The defendants who aro liable to plaintiffs for other reasons and the reasons for their liability are Q described In attachment Prem.L-5.b Mas follows(namos) Form Approved by the Jud�cyl councu or CGbrormie E°ectRW:i{=;01 1982 CAUSE OF ACTION—Premises Liability CCP 425 12 ATTACHMENT TO COMPLAINT Page 7 MACALUSO 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 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 . i ,)'H2OAT TITLE: CASE.NUMBEn MACALUSO vs . PACIFIC GAS & ELECTRIC COMPANY , et al . FORTH CAUSE OF ACTION—Premises Liability Page 8f 7! ATTACHMENT TO CEComplaint MCross-Complaini (Use a separate cause of action form for each cause of action.) Prem.L-11. 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 fashioK(description of promises and circumstances of injury): Plaintiffs are the heirs of decadent 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. (CONTINUED ONATTACHMENT TO COMPLAINT -- PAGE 9) Prem.L-2. K7 Count One—Negligence The defendants who negligently owned, maintained. managed and operated the described ptemises were(names) PACIFIC GAS. & ELECTRIC COMPANY rA ,Does 25____ to Prem.L-3. X-1 Count Two—Wltlful Failure to Warn (Civil Code Section 8461 The defendant owners who willfully or maliciously failed to guard or warn against a dangerous conCition, use. structure, or activity were (names): PACIFIC :SAS & ELECTRIC COMPANY El Does 3 0 to__1 5 Plaintiff, a recreational user, was r7an invited guest Ma paying guest. Prern.L-4- Q Count Throe—Dangerous Condition of Public Properly The defendants who owned public property i on which 3 dangerous condition existed were(namos): Does to ED The defendant public entity had C�actual =constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. f-7 The condition was created by employees of the defendant public entity. Prom.L-5. 3. r7 Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope c! the agency were.(narnos): PACIFIC GAS & ELECTRIC COMPANY M Does 35 to 4 5 b. M The de!endan!s who are Liable to p:aintJfs for other reasons and the reasons for their liability are described in attachment Prem.L-5.b Mas follows(names): For-Approved by the Judicial Cowncit of calJoinla Ellect've January 1. 1962 .,-__r- Rule 942 Itsi f ,&I C A f"r 1 r%11,1 ATTACHMENT TO COMPLAINT Page 9 MACALUSO vs. PACIFIC GAS & ELECTRIC COMPANY , et al . FORTH CAUSE OF ACTIO14 -- PREMISES LIABILITY Prem. L-1 continued: 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. 1 t i f 1 ♦ 4 I Law offices or l'i1F',L• D 2 LAWRENCE E. KERN A Utw• Corponitiml J.R. OISSON,Count Clerk 3 lS40 Van Ness Avemit, I ONTEIA COSTA COUNTY 4 !! tkn Fl-kinelse(). ('A. 0-1109 fly P.Mund"-h.De (415) 474-199 W9 5 Attorney for Defendant, Frank D. Evangelho 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFOR141A 8 9 IN AND FOR THE COUNTY OF CONTRA CONSr'A 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 . , INDEMNIFICA`IION AND 17 et al . , DECLARATORY RF.LIFF is Defc•ridant.s . 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 28 ONE through ONE HUNDRED, inclusive, Cross-Def endar;ts . 29 / 30 31 Now comes the Cross-Complainant, above named, and by way of 32 Gross-Complaint ,tg;7t1n­,t. the Cross-Defendants , and each of 33 them, allege as follows : 34 35 36 COM/42 � '�„ 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-Compluii►ant, who thk ;-ei'ore sue:, 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 0 15 within the course and scope of this relationship as agent , x c 16 servant , employee, partner and ,joint venturer of the otter QQ 17 Cross-Defendants , and each of them. - 18 w QmIT � U 8z-v 19 III > � 20 Cross-Complainant hereby incorporates by reference the a21 allegations of Plaintiff' s Complaint as though set forth in 3 a G 22 their entirety, but riot for the purpose of admitting any of 23 the allegations of said Complaint heretofore denied by ►•,I 24 Cross-Complainant. 25 I i 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 princIr.,g1 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 - V1 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, arid each_ ofthem. 6 7 Vii a 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 it premises , Cross-Co.mplalnant 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 expen3er, is unknown at this time and x o Z" 16 Cross-Complainant prays leave to amend this Cross-Complaint r-1 Q 17 when the same has been ascertained. 40 U 19 Z U Viii Z 20 Cross-Complainant has complied with the applicable 21 CCU governmental claims statute, ,and has presented claims to the r. 22 23 City of Antioch and the County of Contra Costa with its 24 c.laim for indemnity, apportionment of fault and declaratory 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 1 30 Cross-Complainant refers to paragraphs I through Vlll of the 31 First Cause of Action, and incorporates them by reference as 32 full- set forth t. low . 33 34 H 35 36 The Plaintiff' s damages , if any, were caused by tile negligence and carelessness of the Cross-Defendants, and 3 I each of them, and as such under the rules of comparative 2 neglIrenee, Cro..;-Complainant is entitled tc, equitable 3 indemnity and equitable contribution for the amount or 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 frog 11 Cross-Defendants , and each of them, for expenses incurred in 12 the ,defense of this litigation, including reasonable 13 attorneys' fees ; z t4 a 15 2 . The Cross-Complainant requests the Court to �O c M 16 declare the rights of thr parties ; that if Cross-Complainant 17 is liable on the Complaint of Plaintiffs , Cross-Complainant C - 18 have judgment against Cross-Defendants , and each of them; W oz � 19 5UU ' 3 3r- r. 20 3. That if liable on the Complaint to Plaintiffs, Et o w 21 Cross-Complainant have contribution from Cross-Defendants , 2 c 22 andeach of them, in proportion to the amount of negligence 23 attributable to said Crops-Defendants, and each of them; 24 25 ! 4. For costs of suit incurred herein; and 26 j 27 5 . For such other and further relief as to thi., 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 AT'T'ORNEY FOR CROSS-COMPLAINANT 36 4 — JPROOF 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 i1, 1986, I served a copy of the foregoing document by mail by placing the same in an envelope, sealing, fully preparing postage thereon, and depu6iting said ci;velope " 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: i 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 14 1960' , at San Francisco, California. clgr.ed : -;, ; DOMINIQ E .JE FROG -MEYN RA D i t i uw officer or 2 LA-WRENCE E. KERN F_' A t.itw C*orvorntIon � 4 3 tSAO Van Press Avenrrt, San Mrrincisco, CA. 0,1101t (, ,'•'. i 4t�` i 4 (416) 474-1000 S Attorney for Defendant , b'rank D. Evangelha 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 it KENO MACALUSO, i2 RUSA MACALUSO, 13 Plaintiffs, NO : 275 932 14 v. 15 PACIFIC GAS & ELECTRIC COMPANY, ANSWER TO 16 ESTATE OF BARBARA LUNA, UNVERIFIEV COMPLAINT 17 et a] . , t8 Defendants . 19 X20 21 COMES NOW the defendant, FRANK D. EVANGELHO 22 individually and for himself alone and no other Defendant in 23 answer to the Plaintiffs ' Unverified Complaint , admits , 24 denies and alleges as follows : i 25 , 26 i1 . Under the provisions of Section 431 .30 of the Civil Code ' 27 of Procedure of the State of California, this answering 28 Defendant denies each and every, all and singular, generally X29 and specifically, all the allegations of the Plaintiff' s 30 Complaint, and the whole thereof, and further denies that 31 the Plaintiff was damaged in any ruin or sums, or at all, as 32 allegled therein. 33 34 FIRST AFFIRMATIVE DEFENSE 35 2. This answering Detendant states and alleges that the 36 Plaintiff was 'negligent and careless in and about the M t s complained of in said Complaint , and that said a" J ' a t I negligence and carelessness proximately contributed to the 2 damages complained of, if any there were. 3 4 SECOND AFFIRMATIVE DEFENSE 5 3 . This answering Defendant alleges that the action 6 complained of was caused by the negligence of the Plaintiff, 7 and the verdict of the jury in favor of the Plaintiff, if 8 any, which may be rendered in the case, should be reduced 9 by a percentage of the Plaintiff' s negligence which 10 contributed to the accident and damage complained of. 11 12 THIRD AF'F'IRMATIVE DEFENSE 13 4 . This answering Defendant alleges that the Plaintiff Z 14 failed to state facts sufficient Lo constitute a cause of a 15 action against the answering Defendant. w == 16 . � � 17 FOURTH AFFIRMATIVE DEFENSE < 5 . This answering Defendant alleges that the damages ` = 'T `oz 19 complained of herein by Plaintiff, if any , were caused by oU � s Z c "� 20 acts and omissions of others than the answering Defendant.3 � c �C 21 3 Q C 22 WHEREFORE, Defendant prays : ., 23 1. That Plaintiff take nothing; 24 2. For costs of suit herein, and 25 3. For such other andfurther relief as the Court a 26 deems just and proper. 27 28 Dated: March 7, 1986 29 LAW OFFICES OF LAWRENCE E. KERN , INC. 30 31 32 BY 33 LAWRENCE E. KERN , ESQ. , ATTORNEY FOR 34 DEFENDANT, FRANK D. EVANGELHO 35 36 - 2 - 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 941.520 Mari C. Snyder, Esq . Pacific Gas & Electric Company 77 Beale Street P. 0. Box 7442 San Francisco, CA 94120 Documents mailed : ANSWER TO UNVERIFIED COMPLAINT I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed Marchll, 1986, at San r'rancisco, California.. Signed ---\-�,�au� a� ^`i-/� �,`' �• DOMINIQ E J OY-MEY ARD _ 1- Er.TnFDAL CLAIM BOARD OF SUPIMVISORS OF ONM C=A CIMM, CALnmw& BOARD A== Claim Against the County, or bistriet ) IimcE TO CLADOM AT)ril 22 , 1986' governed by the Hoard of Supervisora, ) The copy s t mailed to yvu is 7cur Routing Endorsements, and Hoard ) notice of the fiction taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph We below), to California Government Codes ) given pursuant to Government Code Section 913 Claimant: Frank D. Evangelho and 915.4• Please note all *Warning,". Attorney: John A. Nodes Lawrence E. Kern, Inc. Address: . 1840 Van Ness Ave. , Ste. 8 San Francisco, CA 94109 Amount: Unspecified By delivery to clerk on Date Received: April 7 , 1986 By mail, postmarked an April 4, 1986 Cert.f P 24 6078221 I. FROM: Clerk oT the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. . Dated: Ap r i 1 7, 1986 PHIL BATCHELOR, Clerk, By Deputy _.v F nowes II. FROM: County Counsel TO: Clerk of _theBoard 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) Cot9ty 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 os c.w,enae-d (x) This elaimpls rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order en in its minutes for this date. Dated: R 2 Z 1986 PHIL BATCHE LOR p Clerk, By , Deputy clerk WARNM (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 2 4 PHIL BATCHELOR, Clerk, By , Deputy Clerk F: County Administrator (2) County Counsel (1) ' RECEIVED AMENDED CLAIM FOR APPORTIONMENT OF FAULT APR 1986 INDEMNIFICATION AND DECLARATORY RELIEF PML BATCHELOR 1ClfltK AR.1 SLIDER QR$ TO: COUNTY OF CONTRA COSTA _D,,: TACO h 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 E1 Rio Danville , California 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 California Highway Patrol ' s Traffic Collision report number A-22268 dated August 27 , 1984 and the Complaint and Cross-Complaint attached hereto respectfully as Exhibits A, B and C. 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 on March 13 , 1986 . A copy of the file-endorsed answer to Unverified Complaint by the claimant is attached hereto as Exhibit D. (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, B, C and D, 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 sit forth in Exhibits A, B, C and D, attached hereto. Dated: April 2 , 1986 LAW 0 FIC OF W NCE E. KERN, INC. 5tJN NODA, ESQ. ney for Frank D. Evangelho TRAFSICyCOLLISION REPORT — ..ec1. 90-41"/0-4) O.sw•Ya as _ . w CIT' I • If Lew' •Y OI tI.I e.aTe1CT ryYaa■ 2 F"t lities1 p Antioch Delta Munici-al I Injury we.e1LLao . . a CoYrTv ...e.rlw. elsTwlc• ea.. A-22268 . .1114). p Contra Costa 2 coLLIs.O■ eccYSAaO ew re. 72 -7�050 Victory Highway 8 0701o - -- _ .._..__....__._..._.___..._..____. .._.._. 033 rlLvo6•rI•eer.T•ar Ir.YwT ...• o4) ler•... eTATa w.0_e•V e6LATto t .1111• ,_ ..•.. la1'/a Dwo D'fa ®ro V •/4)T •I "',.1111009T J J •T IOTe 06f CT•Ow aaf7r •_0704)w..••, Cl.-: 3/10 r..,,r,L... Mile East• Willow Avenue T, ... p.e PARTY w•rf (Vast,rleOLf.LAST) oe_aft's.Ara S.ra AS 6e 416 Barbara Elaine Luna Oa.'f• •Tw4)at.0004)./ _Orf ..... OrraO'/.000/ss 9•r4) w.004.60 XX 739 W. Alameda (209) 823-3464 ►tOas- C.7•/sT.Ta/11• eve.rasa ►_owe CIS-0111.1.0.o- 04)rOr 0.0 8 .9 O. rt1.- Manteca. CA _ Towed b AA . yE,e..It.w o e..Y.. ❑e._.. P.aate O01vaw"a LICfwsa wYrsa■ /T.Ta f.wT 0A7t 6Tt e•cf O.wacvs"O. pa/aca0 as ISToss♦Oa w.a...• aew. E0451562 CA 9: 4v :57 F W South ) ....e LIrIT Across Victory Hwy 45 mph •IC'. van.ve(tl r•we(aIlrsoaL(aI/coLow(fa License wo.1 eTATo(0) CHP ust verlc►e oAr.sa-eATfrT/LOCATIen cuew OMI• 1971 Dodge Coronet Wagon .357CWO . CA er•CLe TV04 p rineeD eee.Tam r •o ❑roT.L - Gold DR Door / Interior front seat PARTY w.rf 4-mov.r000u;,16,46611o.wae'a w.r0 2-11 AS ow.vfw = Robert Joseph Macaluso owavee 6TaaaT Aoowf sf .ora •_ONf oewu's AoewaSa ura •a Ow.vf■ XX Rt. 02, Box 219 757-3302 11704)1111 C177/aT•7e/T.• ey61w 4).a•.O+t O.a-Oa.T.O-e► v4).. o+ O-OOea o. ♦0.•w Brentwood Towed by CA AA. (�eV..ca. CD .._.. 0.1... •..aa• O.IVae's Llcaw of wY.•fa■ ev ATa e..'.0 AT a In-CU O.et CT.O.Y Or/AC.066 (9—isaT OwVt.. r0. OAT 7w, �zM ♦O..ItL C1112722 CA 11 : 10 : 63 W West Victory Highway 45 mph e/tT• Sar,7.191 r.af(sl/rOof L(sitce►Oe(s) ►sense .0.461 ST.•$(*) tea•use -f-ICLf e•r.oe-uTaw7/Loc.7.or 1976 Harley Sportster MC 3P8596 CA C~... D r1.0. D reet..T. cc r.•e. D ..Sae SSSS . .Black. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Front end PARTY w.ra(•.aS*,••.OSLe.LAST) erwae'S nAnn a•-. As oe.vu >f ee1Ye0 site/7 Ae00f is .Ora.I•ewa Orraw's AOawa•/ U s.rf •s 001.4111, Vegas- CR'/sTATf/aI• owslwess•w Owe 111s•Os.T1 4 a%ibsiss6 • •4)..r ; ,`�,.� �,1'''r''�, _0010 �� ' �O-V aIs-"�tJee.vew peewee ••0we0 OBIT/e's Lacawse wYreat sTATf o,0 T.e Af I.aa e- ver. . . re. e.• 74). . 1 1111`^ o T,�- Ja..axe ■ w.4).ar.T) 6•ato �Ir.♦ :1c•- van.V0161 ruf1S)/reet.4a1/te.ewh L.ce.af -0. a 6T.yAV tlGr► uta rr. c LIST 1 ( 1 `,`•/ o� o.r.aS-Se 4)T/+,r.oe.T.ow •�•�cLv•► oOt.M {—: r.10w p fOf.i SSSS. SSSS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PARTY ...a 1•.eaf,r.00ee.LAST) or.r►'{'L.w s a ••ew..aw • RECEIVED {}y oa.va.� .I. -0 i'•ZL' L��•7/C. nor■ •.o.4) a•• s.r■ •a 4)...a. •a Oa s- cn•/S�� • 6.9.•9.9•_0-t o.a•0•IT.O.o• va. o+0.08.8,0• vat a r _ G•-•.cee r 0.,ra. e•.• •... 6 ucaras wyraae FOLDER. 1111.•• r •.wT.o•Ta s•■ IJOAC41 O.-ec..ow e• e.(.c•O•s ls•OeST o...a_r..) 4)114)4).4).r.♦ r• rG1.1 0.••••` o. o•• Te. T...a. 4 j ACK O.c.• t .11.161 r..r • 11.000E U1 ucanaa wo.ISl s•.Ta4a► C_v use vt..Cla O.r.ct-•.Ta+Te.Oc.T.o+ ae.ST . . . . . . . . to . . onLr r 7 L J iu roea...t r..ow r-1 V a_.tla n� r.+C. L..I OT.♦ e T.aa ..t l;y. qq �_ 1� 7 -0`111 .XY� ----- GHP 555-Par 1 lac:a 811 C.,r„? •Til1T t ti.. .,.LtJl V!♦ LVLJ!!Y>J �� .wea 2 Fara {• ti44teNR ei. 27 84 2050 T.ra t..Ml ••'-'- Inc.i wur00wt.F- 1-,-Oo w .a. 8 G17O1 ti #33 A-22268 "— -PROPERTY DAMAGE Fo 9c i.•Taow Fr FA wA{e . " ' .ao oa.ra e'e rata/Aeewao4 wer+r ❑ •.. ❑ VIOLATION(S) •ART PA try t r+awtr i PARTY 4 CHARGED FRtr ART COLLleTON FACTOR RTONT Or MAY �,ONTa OL t 2 1 • TYr[ Or VariCL[ t i l i '90i/[r[.LT`06 C901 Ltf,RVr04+ oI or VARY. AT►AULTI A COwTe FLO PVwCT/8.100 X + ..i9ar+ar C.-Ova.w.*Or COLL/S1014 • A V�}C atQ je}traw w1oLA TtOat • 00000 oL4 rpT ruw C?,Owrw{ • •.098+.000 CA-rfA•Maw A ttp.►ao 28014 C CONTOOl4 oeeCVwaa X C r OTO*C-C,O,oCoO Taw X Is ►wOC40o-o OTw..G« • • OvwaF ar►wort• FRtvawo• X O a0 C0w Tw04t VFata wT Q V%C+Vr F0 V4«e1 rowca C a..OV, NOAO t 1}iRVIj•.«a4 TAR e/?wLi Q YA•.r{ w.irT TV•w C OTwaO v%Aft O-owes• TYP[ COW COLLTSIOw F To Vco Oe Te.c.T+.CTO■ X r•o.r0 LOFT TVww lam..w Oww• G TO./Tw. TOACTO.W/TT.L. F rA•.we V Twww. W[AtN[i (wawR T TO !tTa mit • 0108 iw}►[ M ser OOL out G O.C..1.4 X A c\e&w C *&&*800 1 OTws* *V0 4LOw.w4-1t0..,w4 —i—s .lover X Q 000wotloa J 4r0oee•C• w&-C C e•.M/w{ It now OA+a CT K rrT Cort?. aow,r .v J CNA.0..A \Aral O 9aowrweF oV{i♦VOriO L nevt\a K ►ARerwo rAMeVwfw (, w0{ �• AUTO 1.a ei 0TRtaw fad OT«ewYa watt.• rwe Tw Arrtc F9 r l owTaw: f O►rai•t N OTraw•: N vs as evw.a ...Le■..•801.0} G w.w0 Q •arae •800.0• aTR1V De LlFMTIMO MOTOR V[.tICL[ 1MVOLv CO WIT/4 rRrVATO OwlV4 A OA vL.ONT A«Ow•.Oii.t.a« # ! 3 4 TwRe ASSOCIAT90 FACTOR M o?wew Vwswri♦V.— • OVfO�OA ww • •t 084,!080 {r wrw ♦Tb t.TO Wt} N•rw4 IrTO O.•Oteri♦. C O.wo-tTwtaT LIOrTI X C u—as 00,00 .4..C60 A we NCT.O. VIO,.T.ow: O r•w•8D X Q O.wO-wo f/ita♦♦.Ortf Q ROTO• Var.Or OTraw wOA pw AT .; ► weaa,na *Two*?Lro«Te now [ raovas ROTO«Vew,Cia • vc Oa CT.OW v.O,.T.Ow- O T..V OLtre w-o.r t/a FAiF- w R Fww.T.O +w{• F Twa+r OT-O.-t C. {.CYCLe C we eee"O.v,o..TN»: ROADWAY SUwrAC[ M Ar.wwL: --" 1 t / 4 SOe+teTT-DwVG*+- X A a. .r.rTeOR Q VC eaCTIOw V40,4"C t: rwTI/CAL V4-01 way T • waT ! PaAOF OO+OCT: {r..a a vp .I y V+9 row 00lCuw•waw TT: A w.a Nov Oat. C erOwT�tCY 0 0\1..8 ew (r400Y}o+i v.atc.l J wTwOR OF+a CT2 X X weeds/trees/pol e I •w00-VwOa+ .rI\Vtw F .w ATi4 r•.Or C we0-w0♦V.Oiw .w•L ROADWAY CONDITION! X G tTor F to Tw••r.. OrOo-rrra:A wt rT w++ MAwa .TO l ovemill r[D[lTw1AN'* ACTION N OMTa wrwe/\•♦..we r.rr C V.ago O.Vo A we\e0.009V euTt• X A w0 raoa9Twu«owveLvGD I Iwawrovt Co".t.ea ♦.r..r•rar?-.w•i.c. J uwrar.a.aw r,w 00-0 G+r.AtRrt rt Now ww0• i Lease Y^Tue.A\ov . ROA00AT• . ee9taw{ ar t000sw^Lw X X C osove Vev.00 or+O.FWAT• AT t«TBrsa CTtew K Oa It CTIVe Var,tawN.: M OT arIL+CAoIt N 0.e«OTw VCT.0a-04VAIR ■OreC Coote.w0 so 90000WALO-s0r I eLat.T/r AT.OVaO 00eVCa•ROADWAY w.FTw AT.Nvaosaev.o" {. Vwrw VO►V OF va w.[L• • r\OOi{F• Q.w Ott.w{-r0♦M Ca O9f WaLA M owns.•: i J t s SPECIAL /Nr ORMAT+C O{Tree O= [ as 00.0—.4%Veso arOV\Oae N w0w6 rHaet rT A •.2.469.%wAva...0 X N w0 V0w9uAL Core.tloro now la a0A{ Q Ruw•wav wor,cta • r.w0 .w VOLV OO• Q aVrr OACw.ta4/L*A-0 9Cr OOL 0V• C „ot Ofrf CT/r A.luwt "'OC[LLAN[GVf taFTC« aaelC At■ "*own See Sketch Page x}15 iE 17 18 PHYSICAL OESCRIPTION Of PARTY wuY00w w..w 8.09 ra.irT wi.awT .0i•s.fa'*wait +.l.wVrOiA wO. oA• •w. ri..e r9• a r•wa w0 ,. _G. Conklin #33 8 28 $4 CHP 555—Pspt 2 (Rvv 8 81)ON 042 I •t +`._ IL INJURED/WITNESSEVPASSENGER�b 3 I;#,&DI CaLLlq.on TIN■ (y\\) rttc rureaw OI/tcGa I.e. rura,am re. ;.8 s.. 27 TO. 84 2050 0701 #33 •- A-22268 EXTENT OF INJURY (Check 011e) INJURED WAS (check One) PA trITNEEa ►asaswotw &Ds maw NYra ONLY ONLY ATAL a/vaT ga..ama Dow.O OTram v1s.:Lt COr►L&IWT ewtwG 1A mm. loco. 1CTCL10T aTraa atmTarTag rewmfa M/um11OI •&IW ❑ 0 . 32 F I Cl 1 raw■ Tata.TO 1./.0110 0.L11 Barbara Elaine Luna Delta Memorial Hospital &aa.seg Tata l.o.a 739h W. Alameda, Manteca , CA (209) 823-3464 201 M I ® 0 it 1 13 1 ❑ I ❑ 0 WANG TA-aft TO (..1.000 a.L. Robert Joseph Macaluso Delta Memorial Hospital ADowame Ta►a..o-a Rt. #R2 Box 219 Brentwood CA .757-3302 ❑ I �i 1 451 M 1 u _ (x3 D ❑ ❑ 1 Cy. 1 . D El I ❑ WAwa Twat.To It+tv.110 0.") Jose Isabel Luna DOB: 7-8-39 Delta Memorial Hospital &Dema.. TG La...o«a Rt. 01 , Box 122, Oakley, CA 625-3938 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ WANG TANGY t0(.N/V060 ONLT) &D00a0G TGLG.roNa ❑ ❑ ❑ ❑ ❑ C� ❑ D C=i O C W&ra T&NaN To )tN.vaao O.LT) &Vous• Tata.-o.■ ❑ ❑ ❑ 1 ❑ 1 ❑ I ❑ 1 ❑ 1 ❑ I ❑ W&ra Ta.*.To (1.1.4.0 O.L.) &Dasa gA TeLa►rO+G Dow* TANG.TO (t.IV.eo O.►.) •Damage 711 La 0'.Or• . ❑ ❑ ❑ ❑ ❑ ❑ ' ❑ D 1 ❑ ❑ 1 ❑ WAra TAN*.To (t.I.0110 O.L.) &01101144 Tals—0.e ❑ 0 ❑ i ❑ ❑ ❑ 1 ❑ I D I ❑ 1 C I u A rAra - -- TONS.TO (-..Us o.L.) &OOaagg TGLOIr o+O O O 1 ❑ D U �: 1 �_! 1 U i E i r&ra TANG. TO (tN•Viga Or►.) &1101111\A Ta♦mt'-O+• EXTENT Oe' INJURY (check one) INJuwcO w&S Ich Tcle.tnet i WITNESS IASeENOEw ' I A 0 ONLY ONLY &*a EE& me rOv+O DT-0..10.01• tar.l&..• A tmL N.raT O.ITO-Teo .0.004 ../.•1110 O• IA.w 00..\m I.\\ _.a a•C•C1.\.I Ot..ea I NYY _ I r0. O.• Imm oAm em \.Ara .,O...rmmA .O, sA• .0 0\.1■Nag • +.-f ' G. Conklin A33 8 28 84 CHP sss—Pegm 3 (At, eEli rip, 04 ■ACTUAL DIAGRAM DIAGRAM PAGE 4 •�• o• ee..luor nra (.•«1 wcic .ura■a p►IICaY I.O. YVra.a 8 27 84 2050 07,1 #33 A-22268 ALL MEASUREYtENTE Ana APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE- I 1 T•(►�u�a v11M ��_� � _ ' - L h. X K x c K k )K - je 9' 29'3" i - _ ,AE- V 1 c-To a tA..s-1 _ L Qc.e �• .. N Core � . C„ SCALE I•b t�i:' � ._ rftA Q Art re c9 V-2 ties CL f,i�a1 1 PCe, pro'.. I ( I 11■..a■a'■-gra — •.a.rvraaa re. •�•. ♦w. •alr.a-.■'.Y.r• re. o.. •• G. Conklin3? 8 28 84 MP 555—P89e 4 IRev 8811 OPI pa: a+to-•s1 •,t :,x ■. 1. •. `�� ' _'~ PAGE 5 C..Ca... Cr.C. NARRATIVE/SUPPLEMENTAL n wAww.Tivf U SUPPLEMENTAL CC1.1L•s1C••, 149.0.7 .A.aLA.7z. TINE (....J wCIC wu...A oP•lc.. 1.e. .�..aw❑ OTMEw' N.- �8 ... G.7-� 2050 0101 X33 A-22268 E.T.,a W.T.(/V.1E M..IaTGICT ..►O.TI...1.T14/C./■aA♦ CITAT.O..V N... Anttioch/Contra Costa/Delta Muni cipa 2 .oc..le./w...e. Victory Highway 3/10 Mile East of Willow Avenue - Auto vs Motorcycle - 2 Fatal , 1 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 at0214077firs: 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, rc street lighting. A grape vineyard is located on the northside of the street. Residential and a PGS' 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, _YehicIeS::.�::_ 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 Hichway. 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. G. Conklin 8. � .o ... .. 30 84 CHP LSE (vie.8-61 -- ` .... 6 • ;raCK Crat■ Ora .ARRATIVE/SUPPLEMENTAL ® t,A"**ATIV� O ►.�rt..Ta► CGl►1t1CK it'.CaT O OTt.607 illifKa►MCtitwTtars {y} -c-c ru riffs OTRiC t• •.i. +u r,t■ 8, A. 27 ... 84 I2050 0701 #33 A,22268 TT/C iw KT flr.t t.►it,TitCT •*RORTt.0 O/1Tn/C Tji.iT ;lTt ttiK Kuriai Antioch/Contra Costa/Delta Munici al 2 Cwtt0i/41W8409T 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 side of the vehicle. The exterior upper doorframe 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 damaged. 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 damaged. Headlight was comrletely broker out and shot out of the socket, Miscellaneous Vehicle Observations: V-1 the Dodge was a four door station wagon, with 48481 .2 miles on the odometer. The ignition key was "On", the headlight switch was pulled out and in the "On" position. Tire Condition: L.F. - Bald in center of tread R.F. - Good tread R.R. - Bald inside tread L.R. - Good tread Sandy dust residue on tires and dust tire imprint on Victory Highway leading to the private driveway northside of street, Matching tire imprints in sandy driveway. V-2 the Harley Davidson Sportster, black in color, had good tire tread. Re.,r disc brake, non-functional front brake, only a front rotor. Handlebars broken off located on top left rear seat. Clutch cable control ripped off and laying on right front passenger floorboard. Two toggel switch mounted in front of gas tank left side of frame were in the "On" position. Vehicle wedged on top of the front seat and inner vara KUYiis YO. .a: •., r•va•r•r • +r r• r4. ins sr 4 —P G. Conklin _X33 8 . 30,_— P 556 {Rt-8-91)OPI 042 t •, p•e..�_i:d :ons��a a cies••';� �_��: 1' VM Roast wwii j CM Ota one C.0C`••_.awC NARRATiVEJSUPPIf MENTAL ta) NAwwAT}Yt `Cl OUw►LUNIUNTAL cr coLLtsloft we CRT C} QT.ICO` OA tO oN,aw Mew wA.ae00 aT ♦IrO ',.M� rCIC rV rae� e.w•c0w .a. w�roOw me. 8 saw 27 we. 84 2050 p701 . 933 A-22268 i,ee'./C ow wTr/nate.w♦al.Tasev awpoo T•wa DOOTwICT/GOAT C/TATIOw wrroaa Antioch Contra Costa Delta Municipal 2 LaeATiar/wr.wet Victory Highway 3/10 Mile East of Willow Avenue - Autovs 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 Office 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 . P-2 Robert Macalusa was pronounced dead at Delta Memorial Hospital . Passenger in V-1 Jose Luna suffered a fractured left arm, possible cardiac contusion :and several minor abrasions. He was admitted to Delta Memorial Hospital by Dr. McIn 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 Bartera Luna was recovered from the driver floor board in the Dodge. The purse was later turned over to Deputy Young at the Antioch Police Department. Statements: Interview with Jose Luna and friends or relatives of the victims was handled at the hospital by Traffic Officer Truitt. (See Officer Truitt's Supplemental Report for details.) I interviewed Riverview Fire Dept. responding personnel and East County Ambulance es,plcyees. Riverview Fire personnel : Captain Moomey, Sr. Fire Fighter Greliman, ant re fighter Verriaris. The Fire Department told me that upon their arrival , no signs of fire were present. East County Ambulance was already at the scene and was treating the injured people. wwOwAreO'O wArO _ .. ,� �� � 1.0. wyrOOw r0. 1A. ♦w. •C'►•O a•w'.A.r• r0. all G Conklin 933 8 30 B4 CNP 556 Wow 8.811 ON 042 We Prev-0600 ed-t'O"I wmt,i depleted " ..V t-& '" PASS 8 CrOC...6 C..C■ one JARRIiTIVE/SUPPLEMENTAL ® ."Lur.NTAL IN COLLISIO.. .tr.o.T oT....: u.<.r C....T T... 16"41 .C.C .V.... O/r PC..r.. ....f. 8 ... 27 ... 84 2050 0701 #133 A-22268 /.Y.a .►...T...T 4101160T6.06461P..CTI..rT CIT.T..r.YU... Antioch/Contra Costa/Delta Municipal 2 'ictory Highway 3/10 Mile East of Willow Avenue E Auto vs Motorcycle T 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 names of the below listed responding employees: 1 ) Stan Zukowski - DOB: 4-14-60 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 V;acaluso. They couldn't get the front passenger door open in order to get to the other victims. They broke the right front passeneer door and removed Jose Luna from the car. He was positioned on the south side shoulder while they treated the remaining victims. All the victims were subsequently transpor in two ambulances to Delta Memorial Hospital . (I requested written statements from the ambulance employees.)- Jhysical Evidence: 1 ) V-2 the Harley Davidson did not leave any signs of skid marks on th•e asphalt surface. 2) V-1 left faint dusty sand tracks crt the asphalt surface and lead up to the privat 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 ri4ht rear tire. (Photographs were taken by Det. Low in atteTntc in showing this evidence. ) 3) Photographs of the scene, vehicles and evidence were t!ken by C"HD Sgt. W. Butler and Det. Low, Antioch Police Dept. 4) Sketches of the scene to be prepared by this officer. t/C••T'• •rqt .... .v..f. ... ... •• .f......r'.r..f ..0. O.. •• i. [onklin � y 8 30�= • _ iP 55C (RAT 8.811 OF, C41 Uu Or. o.t rC•:•c^t u�t.• c.• .•r c! •.•»�* -' •~- IL •wrr 9 • tact �»• �ryG�Mpa^CM Or• NARRA6TiVEISUPPLEMENTAL (� «.r.wT4vc + .! fug►►t1t:»Ta► tG COltfd» RC•QRT r OTM<R' oiw.o rw oR.R.ww►.w Clan Twp (awM► wc.c aw-Ow" eww.ca■ ..r. wuraa. 8 27 84 2050 0701 #33 A-22268 C.4TjCOWN"liVO.Cu►O.aTRKT Or-ORT."0/01r.C►/OOwT 9—TAT-0.w.raaw Antioch/ContraCosta/Delta Municipal, 2 ♦ecwTswfwuttcT Victory Highway 3/10 Mile East of Willow Avenue - Auto vs Motorcycle - 2 Fatal , l Injured 5) Black plastic sunglass frame fragments believed to belong to Mr. Macaluso were located southwest of the right front of the Dodge. These fracments were photographed then collected and transported to the Police Department. 6) Headlight filaments belonging to the 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 finding.) - 7) Contra Costa County autopsy reports on 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 Dodae was southbound across Victory Fiehway exitiric out of a northside private driveway to a grape vineyard. Vehicle-el the Dodge was attempting a left (eastbound turn) onto Victory Highway as was evidenced by the tire tracks in the sand in the vineyard area . Dust from driving in this sand clung to the Dodges s 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. The driver door to the Dodge was broken off by the impact of the Harley. The Harley irltruded into the front passertger compartment. P-1 Barbara Luna was sent to the right side of the car and into the right rear door window. Mr. Luna was pinned in the right front passenger door, area. The driver doo 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 interior of the Dodge-. Major physical injuries re- sulted in the death=of P-l.Barbara-Luna and-P-2 Macaluso. Passenger Jose Luna also received ma or in•uries requiring hospitilization. sRawaRa r'/wwra - .,o. tyro• ro. Ow. .• wa•.a raw}«.ra -a o.• Ci Cnnkl in #33 8 30 8 1 �r _.� 4 - CHP 55L (RoT 6.811 OP1 042 Use we-Out/d t-crl unt-i :'tcto raaR 10 cwRtR A00,Om cr.4ca Or• =aRRA.TIVE/SUPPLEMENTAL � NaAwATIYR ❑ 'IV 0WL9WVwTAL til' cOLLl,low R=rORT ❑ aTwtR; 7 •' RR.R.w.L.wtlRRr♦ _r21015 /rR (.+M� rc.c UurRRR O..KRw .•e. ryrRRR 8 27 ... 84 2050 0701 #33 A-22268 r/cauwTT/swO.e.aa OnTO.eT .RrORTu.O O.rT..eT+OUT C11'".0w wNwRlw .1tioch/Contra Costa/Delta Municipa 0701 .aTuw J w.+s tT ictory Highway 3/10 Mile East of Willow Avenue - Auto vs Motorcycle - 2 Fatal . 3 Injured 3TE: Mr. Luna was eliminated as the driver of the 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 ofieTevationafrom�the-paved.portion,of--Victory_Highway-to a. position one car .- length north of the private driveway entrance. Second, the presence of approx. three.-foot toldordr-4edmweeds, a Wood envt-elcphorn ewpole-r►P0A16 Ind waTnut tree-stunps4having=wild' Oicker_shoots jreventingtvisloffrof=:on-coming vehicle traffic-approaching:'the.area from` the..east. An automobile's approach is difficult to detect due to these combination of factors; a motorcycle's approach is more difficult. Preliminary indications tends to she 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. )isposition• 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. r.RR w' waw■ �.•-.4, rVrara wo. r.r •• w.rr�.• w.rt we R.• •• Conklin 03 8 30 84 1 s• 'r+C. J• �:. 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T�y�.� �.s •�.L-••.�ir�u ,5� t S "i '_'_'yam',,};p_ - _ - _ - �i �w �' •.J•• :�i • `• � ,� f ♦ yI� • -: ��, .�.. __.�¢� - , iii'+ .. L•, -'-�.�., INDEX BURET'' INFORMATION SHEET LIFE a CASLAALTY , A. CLAIMANT INFORMATION NAME OF CLAIMANT (LAST) (il STI MIOOE)T NAME OF HUSBAND OR WIF . FORMER DAMES. PARENT'S NAME IF MINOR. OR ALIASES Una CLAIMANT'S ADDRESS IN FULL 0-7 � 1 � CLAIMANTS FORMER ADDRESS '/ c PLACE OF BIRTH DATE OF BIRTH SEx RACE MARITAL STATUS DOYVED IOR AGE SINGLE DIVORCED RIED ON-IER HEIGHT WEIGHT OLOR HAIR COLOR EYES SOCIAL CUR;TY NUMBER It. in. lbs. OCCUPATIONNAME OF ATTORNEY nT /JokirF ACCIDENTLOCATION OF ACCIDENT 3 L�Lb) N Iq NAMES OF CLAIMANT'S WITNESSES ADDRESSES AGES i N AMF$ Of CLI- LSHIIMANT'$ RELATIVES ADORE S$ES TO CLAMANT S. COMPANY INFORMATION NAME OF INSURED (LAST �� (FIRSTI (MIDDLEI Mn( REPORTING OFFICE TYPE Of CLAI � CLA�FILE NUMBER 024. ��� CODE NUMBER ``//�1•. C. MEDICAL INFORMATION -[Subject to Reconlmenliati 17(b) (iv) Privacy Compliance Manual-] CLAIMANT'S DO TOR'S NAME ILASTI - (FIRST( :.� (MIDDLE) q- 40, MQry-)[x1a1 Tll115?e5 DOCTOR'S ADDRESS SCARS OR DEFORMITIES DESCRIPTION OF INJURIES D. REMARKS CaT. IC-18it-CI 10r r;78 IP, I� t Itf, n, , ..:va.n rJvn�r' iivrvmvira i tviv QnLr_, NOWNWAM LIFE 8 CASwALTY A. CLAIMANT INFORMATION NAME OF CLAIMANT (LAST) �IfIRST' (VIDE) NAME OF HUSBAND OR WIFE, FORMEEL NAMES. PA NT'S NAME IF MINOR, OR ALIASES ( t T CLAIMANT'S ADDRESS IN FULL 0-7 A - - CLAIMANT'S FORMER ADDRESS PLACE OF BIRTH DATE OF BIRTH S�%, RACE MARITAL STATUS 14'tDOW"ED RA Ei N S'.NGLE DIVORCED M4RR'ED OTHER HEIGHT wEIG Tr COLOR HAIR COLOR EYES SOCIAL SECURITY NUMBER ft, in. lbs. OCCUPATIO) NAME OF ATTORNEY DATE OF AC IDENTk,14 LOCATION OF ACCIDENT � r V� NAMES OF CLAIMANT'S WITNESSES ADDRESSES AGES RELATIONSHIP S NAMES Of CLAIMANT'S RELATIVES ADDRESSES TO CLAIMANT �f S. COMPANY INFORMATION NAME OF INSURED ' LAST) (FIRST) (MIDDLE) V J, v REPORTING OFFICE TYPE OF CLAIM J CLA MILE NUMBER ���� CODE NUMBER w C. MEDICAL INFORMATION -CSubject to Recommendation 17(b) (iv) Privacy Compliance Manual '! CLAIMANT'S:DOCTOR'S NAME (LAST) (FIRST) (MIDDLE) t I DOCTOR'S ADDRESS r SCARS OR DEFORMITIES DESCRIPTION OF INJURIES i cxr ^ D. REMARKS CAT. Ale 123t tC-186tC, IO.78 P:: r,-p;: IN -, SUMMONS WITA'C:ON.,JUDICIAL) ' FOR COURT ust 0*4v NOTICE TO DEFENDANT: (Aviso a Acusado) (Joao P4,114 WO D(lA Cof!!i PACIFIC GAS AND ELECTRIC COMPANY, INC . , a Cali- fornia Corporation, ESTATE OF ROBERT JOSEPH MACALUSO, MANUEL H. GONSALVES , NORMA J. GONSALVES MARY EVANGELHO, and DOES 1 to 40. YOU ARE BEING SUED BY PLAINTIFF: (A Ud. k este, demandando) TERESA MARIE LUNA, a minor, by and through her Guardian ad Litem, JOSE ISABEL LUNA, JR. , by and through his Guardian ad Litem, and JOSE ISABEL LUNA SR. 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- tiene un plazo de 30 DIAS CALENDARIOS para presentar sponse at this court. una respuesta escrita a maquina en esta come. A letter or phone call will not protect you: your Una carfa o una 11amada 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 legales apropiadas si usted N you do not file your response on time, you may quiere que la torte escuche su Casa lose the case, and your wages, money and pro- Si usted no presenia su rrespuesta a tiempq, puede peeler perty may be itaken without further warning from el casay y le pueden quitar su se,/aria,su dinero y otras cosas the court. de su proptedad sin aviso adiciona/por parte de la torte. There are other legal requirements. You may Existen otros requisitos lega/es. Puede que usted quiera want to call an attorney right away. If you do not llama►a un abogado inmediatamente. Si no conoce a un know an attorney, you may call an attorney refer- abogado, puede l/amar a un servicio de referencia de rat service or a legal aid office (listed in the phone abogados o a una oficina de ayuda legal(tea el dircaorio book). telefonico). CASE huMBER 11VURWro drt CGwr The name and address of the court is: (EI nombre y direction de la torte es) SUPERIOR COURT QELALIFORNIA COUNTY OF CONTRA COSTA - - - 5M1,r*oonEss !725 Court Street ' wAwfs Awuss P.O. Box 911 CaYAWZWC001 Martinez, CA 94553 The name, address, land telephone nuf,.oer ur piaint,tt's attorney, or plaintiff without an attorney, is: (EI nombre, la direccibn y el numero at- ieletono del abogado del demandante, o del demandants que no riene abogado, es) FRANK PEREZ TAYS COKER & TAYS 509 Railroad Avenue Pittsburg, CA 94565 Telephone -432-7373 Ps DATE:AUG ' Clerk, by Co. LE W V 1 (fecha) (Actuarra , Deputy (Deiesado! I59AI NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. Q as the person sued under the fictitious name of (specify): 3. 0 on behalf of (specify): under: CCP 416.10 (corporation► CCP 416.60 (minor) CCP 416.20 (defunct corpotat+onl CCP 416.70 lconservaceel Q CCP 416.40 (association or partnership) Q CCP 416.90 (individual) 0 other: 4. by personal delivery on (date): Form Aft9ted ov Rub 982 (See reverse for Proof of Service) ATTORNEY CR PVTt WITHOUT ATTORNEY(NAME AND AUUMtbb) FRANK PAL TAYS z 432-737 COKER &- TAYS ( f; G9 Railroad Avenue ATTittsburg, CA194565 ORNEY FOR(NAME)TERESA MARIE LINA JOSE ISABEL U NA JR. JOSE ISAB12, qA. SR. Insert name of court,judicial district or oranch court,it any,and post office and street address: AUG SUPERIOR COURT OF THE STATE OF CALIFORNIA A G COUNTY OF CONTRA COSTA 725 Court Street CONTRA TRA C . County Clerk v:iTA COUNTY Martinez, California 94553 PLAINTIFF: TERESA MARIE LUNA, a minor, by and through herCA£,r;u``� Guardian ad Litem, JOSE ISABEL LUNA, JR. , a minor, by — ` and through his Guardian ad Litem, and JOSE ISABEL , LUNA, SR. , - 4 . 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 t TO-A4!_ COMPLAINT-,Personal Injury, Property Damage, Wrongful Death CASE NUMBER Q MOTOR VEHICLE ®OTHER(specify): ®Property Damage Q Wrongful Death C+) O 9 jMftrsonal injury (� rl2 O Other Damages(specify): f U PREMISES LIABILITY I t. This pleading,i including attachments and exhibits, consists of the following number of pages: ...._ i 2. a. Each plaintiff named above is a competent adult IM Except plaintiff(name): TERESA MARIE LUNA C]a Corporation qualified to do business in California Man unincorporated entity(describe): M a pubflc entity(describe): i;a;minor [::]an adult gg for whom a guardian or conservator of the estate or a guardian ad ittem has been appointee! M other(specify): C]other(specify): BE Except plaintiff(name). JOSE ISABEL LUNA, JR. , Ma,corporation qualified to do business in California ' Man unincorporated entity(describe): Mai public entity(describe): gga;minor =an adult for whom a guardian or conservator of the estate or a guardian ad lstem has been appotnted Q other(specify).- r-1 specify).Q other(specify): i b. Q Piaini.fl(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 Approvetl Dy the .warc,zlve januncil ac1,19ania COMPLAINT—�Personal Injury, Property Damage, Edecbve January,t,t982 Rub 982 1(t) Wrongful Death CCP 425 12 i i All SNORT TITLE: CASE NUMBER, ` LUNA, et al , P .G.&.E. , et al , COMPLAINT--Personal Injury, Property Damage, Wrongful Death Page two 3. a. Each defendant named above is a natural person MR Except defendant(name): Q Except defendant(name): PACIFIC GAS AND ELECTRIC COMPANY, INC. M a business organization, form unknown Q a business organization.form unknown j 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 0 a corporation =a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): Q a public entity(describe): 0 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 defen0ants who are not natural oersons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedire 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 thi's comptaint are alleged.on information and belief(specify paragraph numbers): FOURTH CAUSE OF ACTION , paragraph GN-1 , a-d inclusive. (Continued) Page two SHORT TITLE CASE NUMBER LUNA, et al , P .G.&.E . , et al, COMPLAINT—Personal Injury, Propert)i Damage, Wrongful Death (Continued) Page three 7. 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 . ERE A MARIE 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 rebel as is fair, just, and equitable. and for ©compensatory damages (Superior Court) according to proof Q(Municipal and Justice Court)to the amount of S___ ®other(spectfy): 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 PE RE Z TAY S (Type at pint name). (S#ynal o puintm of orney) COMPLAINT—Personal Injury, Property Damage, Page three Rule U2.t(t)(cont•d) Wrongful Death (Continued) CCP 425 12 PL1A 5M 1-82 SHORTCASE NuMSER LUNA, et aT v. P .G,.&.,E .,, et al , T * FIRST CAUSE OF ACTION—Motor Vehicle Page 4 (number) ATTACHMENT TO ®Complaint r7Ctoss-Complaint (Use&separate cause of action form for each cause of action,) Plaintiff(name): TERESA MARIE LUNA JOSE ISABEL LUNA, JR. , and JOSE ISABEL LUNA, SR. MV-i. 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(place): Victory Highway , Antioch, California. o MV-2. DEFENDANTS a. [j)The defendants who operated a motor vehicle,are(names): decedent ROBERT JOSEPH MACALUSO Does to. 5. 1.00, b. r7 The defendants who employed the persons who operated a motor vehicle in the course of their employment are(names): Q Does___ to c. CM The defendants who owned the motor vehicle which was operated with their permission are(names): decedent ROBERT JOSEPH MACALUSO Does to .., -10 , d. ED The defendants who entrusted the motor vehicle are(names): decedent ROBERT JOSEPH MACALUSO Ex-1 Does to 15. 1 The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): Does to f. The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are Mlisted in Attachment MV-2f ®as follows: PACIFIC GAS AND ELECTRIC =TANY, INC. , ,YANuEL H. GaqS&VES, NoRl4k i. GONSALVES, MARY EVANGURO and DOES 21 through 40, are liable to plaintiffs for the wrongful death of BARBARA ELArT USIA, property d_—.age an,.' personal injuries to JOSE IqARF1 11M, SR. as a result of their negligence in failing to maintain the premises which adjoin Victory Highway in a-safe condition; failing to warn motorists of the hazardous conditions; and, failing to remove obstructions on said premises. ff)Does to 40 Form Approved by the - judKiat Council of Cautornta Efloctive January 1, 1982 Ruw 992 1(2) CAUSE OF ACTION--Motor Vehicle CCP 425 12 r SHORT TITLE: CASE NUMBER. LUNA, et al , v. P .G.&,.E. , et ai , SECOND CAUSE OF ACTION—General Negligence Page 5 (number) ATTACHMENT TO ®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 gDoes 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 LUNA, JOSE ISABEL LUNA, 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 Judicial Council of California EnectRule 982 1(3) 1982 CAUSE OF ACTION—General Negligence CCP 425 12 SHORT TITL� CASE NUMBER LUNA, et al, .G.&.E , et al, . THIRD CAUSE OF ACTION—Premises Liability Page 6 (nurnber) ATTACHMENT TO Ea Complaint Q Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L•t. Plaintiff(name):TEFT-SA MARIE LINA, JOSE ISABEI, LURA, JR. , and JOSE ISABEL LIM, 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. M 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 COMPANY, INC. , MAN M H. GONSALVES, NORMA J. GONSALVES, MARY EVANGEIHO and 5&Does 2— to_2.5 Prem.L-3. Count Two—Wlllful Failure to Wam [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 Qa 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. 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 26 to 30 b. M The defendants who are habie to plaintiffs for other reasons and the reasons for their liability are ED described in attachment Prem.L-5.b ®as follows(names): ROBERT JOSEPH 11ACALISO and DOES 1 through 20, are liable for the negligent operation of his motor vehicle upon Victory Highway. Form Approved by iris Judicial Council of Coldornin EnecfRLft oei( 5)uary t9� CAUSE OF ACTION—Premises Liability CCP 425 12 PL5 5M 1-82 LUNA, et al , v. P .G.&.E. , et' al , THIRD CAUSE OF ACTION- 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 #20A16 , and it 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. IBoth drivers were killed as a result of the collision and Iplaintiff-passenger JOSE ISABEL LUNA, SR. was severely injured. i 1� SHORT TITLE` CASE NUMBER LUNA, et al , v. P .G.&.E. , et al ; j FOURTH CAUSE OF ACTION—General Negligence Page_8 (number) ATTACHMENT TO ®Complaint CDCross-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): PACIFIC GAS AND ELECTRIC COMPANY, INC . , MANUEL H. GONSALVES , NORMA J . GONSALVES , MARY EVANGELHO, and Z3Does ___?.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(p/ace): At or near the premises abutting Victory Highway, City of Antioch, County of Contra Costai, 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 on inued- Form Approved I>y the Judicial Council of California En.ceRuMaM2 i3;tee2 CAUSE OF ACTION—General Negligence CCP 425 tz 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 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. li 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 j was available to plaintiffs ' decqdent . 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 time to remove them. As 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. 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 r earnings . i j 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 comfort; and TERESA MARIE LUNA and JOSE ISABEL LUNA, JR. have been deprived of their mother's comfort , society, protection, i guidance, and ability in training, educating and rearing them, ;f to the loss and damage of plaintiffs . +I i if Ifi i1 t I FRANK PEREZ TAYS D COKER & TAYS AI I C no 2 Attorneys - Abogados J,R. OLSSON. Cu�n?y 509 Railroad Avenue A OLS. Coy o' COUNTY 3 Pittsburg, CA 94565 Telephone 432-7373 L. t_�•� x;�.y 4 5 Attorney for Plaintiffs 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 TERESA MARIE LUNA, a minor , JOSE ISABEL, LUNA, JR. , 11 a minor, all minors by their guardian ad litem; JOSE N0. 2'7 6 2 8 9 12 ISABEL LUNA, SR. , PETITION AND ORDER FOR 13 Plaintiffs , APPOINTMENT OF GUARDIAN AD LITEM 14 vs . 15 PACIFIC GAS AND ELECTRIC COMPANY, INC. , ESTATE OF 16 ROBERT JOSEPH MACALUSO, MANUEL H. GONSALVES , NORMA 17 J. GONSALVES , P'ARY EVANGELHO, 18 and DOES l through 40 , Defendants . 19 / 20 Petitioner , JOSE ISABEL LUNA, SR. , respectfully states : 21 1 . TERESA MARIE LUNA, born December, 24 , 1974, and JOSE 22 ISABEL LUNA, JR. , born March 26 , ; 1976 , are minors under 14 years 23 of age, and reside with JOSE ISABEL LUNA, SR. , their father, at 24 307 4th Street , Oakley, County of Contra Costa , California . 25 2 . Petitioner is the father of the minor children previous- 26 ly stated. 27 3 . The minor children have a cause of action for negligence 28 against the above-named defendants . The cause of action arises -1- I out of the following circumstances : . An automobile accident which 2 occurred on August 27 , 1984. 3 4. The minor children have no general or testamentary guard- 4 ian, and no previous application for appointment of a guardian 5 ad litem for such minor children has been made . 6 5 . Petitioner is willing and hereby consents to serve as 7 guardian ad litem for such minor children. Petitioner is a compe- 8 tent person who is able to understand and protect the rights of 9 such minor children, and he has no interest adverse to such minor 10 children. 11 6. Petitioner is not an attorney-at-law, and it is necessary 12 to employ an attorney to conduct this litigation for said minor 13 children. 14 WHEREFORE , Petitioner prays that he be appointed guardian 15 ad litem of TERESA MARIE LU14A and JOSE ISABEL LINA, JR. , all minor 16 children under the age of 14 years of age, that he be authorized 17 to prosecute the above action on behalf of such minor children, 18 that he be authorized to employ an attorney at law to conduct this 19 litigation on behalf of such minor children, and to pay the 20 attorney a reasonable fee subject to approval of this court . 21 Dated: August -9& 1985. 22 23 VIVIAN L. ANDRES JOSE ISABEL LUNA, SR. 24 Witness Petitioner 25 26 0 R D E R 27 Good cause appearing therefor from the betition of JOSE ISABEI 28 LUNA, SR. ; -2- I IT IS HEREBY ORDERED that JOSE ISABEL LUNA, SR. be, and he 2 is hereby, appointed guardian ad litem for TERESA MARIE LUNA and 3 JOSE ISABEL LUNA, JR.% all minor children, and that said guardian 4 ad litem prosecute the above action on behalf of said minor 5 children, and that such guardian ad litem is authorized to employ 6 an attorney at law to conduct the litigation, and to pay the 7 attorney a reasonable fee subject to the approval of this Court . 8 Dated: AUG 3 1985 9 10 P40441AN EOVELLSERG 11 JUDGE OF THE SUPERIOR' COURT 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- I LAA%v Offices of , 2 LAWRENCE E. KERN 3 A LA-tw Corporation 18,40 Van Ness Avenue 4 San Francisco, CA. 94109 (415) 474-1900 J. 5 6 Attorney for Defendant ) Frank D. Evangel 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA a 9 IN AND FOR THE COUNTY OF CONTRA CONSTA 10 TERESA MARIE LUNA, et al . , 11 Plaintiff's 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 . 19 20 FRANK D. EVANGELEO, 21 Cross-Complainant, 22 V. 23 THE ESTATE OF ROBERT JOSEPH IvACALUSO, 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-Defendant. . 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 #* C0,1 4 1 FIE`:oT 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-Com Complainant p 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 14 times herein mentioned , each Cross-Defendant was acting 15 within the course and seape of this relationship as agent , x ^ �� 16 servant, employee, partn(-r and ,joint venturer of the other • a >�$ 17 Cross-Defendants , and each of them. L7. r IV� rJ � Za 19 III z 3; 20 � Cross-Complainant hereby incorporates by reference the x � L6 21 0allegations of Plaintiff Is Complaint as though set forth in 3 - .,r. 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 :.f 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-Comf)lainant, whose fault, if any, is secondary 36 and passive only. 2 - 1 VI 2 By reason of these premises , Cross-Complainant is entitled 3 to equitable indernnification, equitable contribution and the 4 determination of declaratory relief 1*110m said 5 Cross-Defendants, and each of them. 6 7 VII 8 Cross-Complainant has incurred expenses in tl.e form of 9 attorneys ' fees, court costs and other litigation expenses 10 to defend PlaintlCfs ' Complaint ; that by reason of the 11 premises , Cross-Complainoi t is farther entitled to recover 12 from Cross-Defendants, and each of them, such reasonable 13 attorneys' fees, court costs and other litigation expenses z t4 necessarily incurred in the principal action ; that the Z M 15 amount of said expenses is unknown at this time , and c16 Cross-Complainant prays leave to amend this Croy::.-Ccmplaint 17 when the same has been ascertained . 18 r-i a i CZa19 VIII Cv 20 Z cc 'r. Cross-Complainant has complied with the applicable W w" 21 o governmental claims statute, and has presented claims to the C 22 City of Antioch and the County of Contra Costa with its ' 23 24 claim for indemnity , apportionment of fault and declaratory 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 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 t�clow . 33 34 II 35 The Plaintiff' s damages, if any, were caused by tt)e 36 negligence and carelessness of the Cross-Defendants , and - 3 - F3each 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 fron. 11 Cross-Defendants , and each of them, for expenses incurred in 12 the defense of this litigation, including reasonable 13 attorneys' fees ; z 14 M 15 2 . The Cross-Complainant requests the Court to w c 'o 16 declare the rights of the parties ; that if Cross-Complainant 17 is liable on the Complaint of Plaintiffs, Cross-Complainant rl i o-r 1,ave ,judgment against Cr•css-Defendants , and each of them ; U cL Y'n 19 ',_ 3 z 3CdC, 20 3 . That if liable on the Complaint to Plaintiffs, o�, 21 Cross-Complainant have contribution from Cross-Defendants , 22 and each of them, in proportion to the amount of negligence 23 attributable to said Cro::s-Defendants, and each of them; 24 25 4. For costs of suit incurred herein; and i 26 27 5 • For such other and further relief. as to this 28 Court deem proper. 29 30 Dated: March 11, 19$6 LAW OFFICES OF LAWRENCE E. KERN , INC 31 32 33 34 LAWRENCE E. KERN, ESQ. 35 Rll n T.7 LTT. 4ltT nT1�RNEY i•�.. �livao-CGI•.. i.,.:..r„r� 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 ty 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 Pitt6burg , 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, INDEMNIFICATION ANID DECLARATORY RELIEF I declare under penalty of perjury that the foregoing Is true and correct, aiia tliat I.-his declaratio.ri way March 14 1986, at San Francisco, California. Signed: - DOMINIQJE JEiA04-MEYN'ARD • N L."%%, (.)Prices or \,V1;.ENCE E. KERN � L 2 i 3 1S10 Van Neste Avenue 4 Skin 1=r mic tsel). CA. 9-1109 - v' (415) 474-1900 tl , _ _- ` 6 Attorney for Defendant , Frank D. Evangelho w � 7 8 IN THE SUPERIOR COUHT OF THE S'rATE 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 Plaintii'fs , NO : 276 289 16 V . 17 PACIFIC GAS & ELECTRIC COMPANY, ANSWER TO 18 INC . , a California corporation, UNIVERIFIED COMPLAINT 19 ESTATE OF ROBERT JOSEPH MACALUSO , 20 MiANUEL H. GONSALVES, NORMA J. 21 GONSALVES , MARY EVANGELHO, et al . , 22 Defendants . 23 24 COMES NOW the defendant, FRANK D. EVANGELHO 25 individually and for himself 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, and further 34 denies that the Plaintiff' was damaged in any sum or sums, or 35 at all , as alleged therein. 36 1 FIRST AFF;RMATJ VE DEFENSE 22 . This Defendant states and alleges that 3 the Plaintiff was negligent and careless in and about the 4 matters complained cf in said Complaint , and that said 5 negligence and carelessness proximately "contributed to the 6 damages complained of, if any there were. 7 8 SECOND AFFIRMATIVE DEFENSE 9 3 . This answerirnE; Defendant alleges that the action 10 complained of was caused by the negligence of the Plaintiff, 11 and the verdict of the ,jury in favor of the Plaintiff, if 12 any, which may be rendered in the case, should be reduced 13 by a percentage of the Plaintiff' s negligence which Z 14 contributed to the accident and damage complained of. w 15 16 11,11HD AFFIRMATIVE DEFENSE 0 17 4 . This answering Defendant alleges that the :; 18Plaintiff failed to state facts sufficient to constitute a U 0z fl� t9 cause of action against the answering Defendant . Z � 20 oy? 21 FOURTH AFFIRMATIVE DEFENSE Q c 225 . This answering; Defendant alleges that the damage: � ^� 23 complained of herein by Plaintiff, if any, were: caused by 24 acts and omissions of others than the answering Defendant . 25 26 WHEREFORE, Defendant prays : 27 1 . That Plaintiff take nothing; 28 2. For costs of suit hcrein, and 29 3. For such other and further relief as thr Court. 30 deems just and proper. 31 Dated :_ March 7 , 1986 32 L1,W OFFICES OF LAWRENCF. R. YERN , INC . 33 34 BY 35 LAWRENCE E. KERN , ESQ. , ATTORNEY r`uI'x 36 DEFENDANT, FRANK D. EVANGELHO - 2 - 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 111 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: 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 1 Documents mailed: ANSWER TO UNVERIFIED COMPLAINT I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was •.xecuted March 1; 1986, at San Francisco, California.: Signed DOMINIQU JEFF 0 -MEYNARD APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT April 22, 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of .Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: James 11. Thompson County Counsel Attorney; William J. Hooy, Esq. MAR 2 7 1986 3125 Clayton Rd. , Upstairs Suite Address: Concord, CA 94519 Martinez, CA 94553 Hand delivered Amount: Unspecified By delivery to Clerk on March 26 . 1986 Date Received: March 26 , 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Applicption to File Late Claim. DATED: March 26 , 1936 PHIL BATCHELOR, Clerk, By Deputy Cathy Knbwles II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (�) The Board should deny this Application to File LateaClaim (Section 11.6). DATED: . �(m VICTOR WESTMAN, County Counsel, By CIAZ&e'Z-4eputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. (�� DATE: APR 2 21986 PHIL BATCHELOR, Clerk, Byl� Deputy WARNING (Gov. Code §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediatel . IV. FROM: Clerk of the Board TO: 1 County .Counsel (2). County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. �A— DATED: APR 2 41986 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM C .ED nil MAR a(,o1986 3 : Io w.- PHIL 13ATCHELOFT CL OAD FSSUPER NT S rACJ CONTRA COSTA COUNTY BOARD OF SUPERVI Pury In the Matter of the Application ) for Permission to- File Late Claim ) of JAMES M. THOMPSON ) APPLICATION TO FILE VS. ) LATE CLAIM AGAINST PUBLIC ENTITY CONTRA COSTA COUNTY BOARD OF ) SUPERVISORS ) 1. Claimant JAMES M. THOMPSON ( "claimant" ) hereby applies to the CONTRA COSTA COUNTY BOARD OF SUPERVISORS (the "public entity" ) for leave to present a claim agaist that public entity pursuant to Section 911. 4 of the California Government Code. 2. The cause of action of claimant as set forth in his proposed verified claim attached hereto, accrued on April 17, 1985, a period within one (1 ) year from the filing of this application. 3. Claimant 's reasons for the delay in presenting his claim to the public entity is as follows: (a) Claimant 's failure to present the claim was through mistake,. inadvertence, surprise and excusable neglect and the public entity should not be prejudiced by claimant 's failure to present it within the time provided for in California Government Code, Section 911. 2. Until just recently (March 25, 1986 ) claimant had not had the services of an attorney and was unaware that claimant had to file any sort of legal claim with any public entity. In fact, CHET WITTENBORN, a neighbor and friend who took over and helped claimant get together his affairs after the incident, actively discouraged claimant from engaging counsel, urging instead that the insurance company for 4-H could easily be persuaded to settle the claims without involving any such professional . As one could imagine from the matters set forth in the attached claim, claimant was totally devastated as a result of this incident and, in particular , by the drugs, pain and fear resulting from claimant's apparent permanent inability to walk without assistance , which left him mentally and physically unable to cope. with the potential legal problems involved in his situation. The condition of total incapacity persisted well into the Fall of 1985, which was more than 100 days after the date of his fall . The results of the incident have left him, even today, 71- unable, .without substantial assistance, to put together his claims for presentation to this public entity. Indeed , claimant was unable because of these circumstances, even to decide to employ counsel to represent his interests until the last ten (10 ) days. Claimant's failure to file a claim should be excused on this basis. On the other hand, the public entity cannot be prejudiced by this claim, since their representatives were present at the time of the incident, arranged for transport of claimant by ambulance to John Muir Hospital, visited claimant there during his hospitalization and thereafter when he got home, and processed his insurance claim, even arranging for payment to him of the check for the medical-pay portion of benefits payable under the 4-H Insurance. The latter was paid on August 16, 1985, and amounted to $5,000. (b) As above, claimant was physically and mentally incapacitated during the 100 day period set forth in California Government Code, Section 911. 2 for presentation of his claim and by reason of such disability failed to present his claim during such time. (c) Though claimant was paid an advance or partial payment for his damages under the 4-H Policy of Insurance, he was not notified of the applicable statute of limitations or , for that matter , of the need to file a claim against this or any other public entity in order to receive the benefits of the rest of the applicable insurance as required by California Insurance Code, Section 11583 . Claimant has not been so notified by either the carrier or any public entity as of this date. By reason of lack of such notification, the 100 day period has been tolled to March 25, 1986, when claimant first engaged an attorney to represent his interests. (d) Moreover , CHET WITTENBORN told claimant recently that he advised Mrs. GLORIA DAVIS the Insurance Manager at U. C. Berkeley 4-H back in the Summer of 1985 , when discussing the med-pay provisions, that claimant expected later to be seeking additional benefits under the 4-H disability and liability insurances. Yet, at no time, did Mrs. DAVIS indicate to CHET that there was any special claim filing requirement or that claimant had 100 days or any other period within which to file a claim under the California Tort Claims Act. This omission was particularly misleading since all persons in 4-H with whom contact has been made have repeatedly indicated that they were sympathetic and wanted to help claimant get what is due him. The public entities should be estopped from taking refuge behind the Tort Claims Act in these circumstances. .Executed on March 1� 1986 , at Walnut Creek, California. -2- I declare under penalty of perjury, under the Laws of the State of California , that the foregoing is true and correct. i MES M. THO PSON -3- CLAIM FOR DAMAGES TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS ( the "public entity" ) . The undersigned claimant, JAMES M. THOMPSON ( "claimant" ) hereby presents the following claim for injuries and damages to the public entity, the information therein required by Government Code, Section 910 being as follows: (a) The name and Post Office address of claimant: JAMES M. THOMPSON, 410 N. Civic Drive, #206, Walnut Creek, California 94596. (b) The Post Office address to which the person presenting the claim desires notices to be sent: WILLIAM J. HOOP, Esq. , 3125 Clayton Road, Upstairs Suite, Concord, California 94519. (c) The date, place and other circumstances of the occurrence giving rise to the claim: On April 17, 1985, claimant was working as an unpaid volunteer on a cooperative project for handicapped children at the Rancho Adobe , 500 Northgate Road, Walnut Creek, California. This project was being conducted jointly by the Staff of Mauzy School in Alamo, a public school , which is operated by the Contra Costa County Board of Education and Patient Ponies, a 4-H organization, which is sponsored and directed by the Regents of the University of California (Cooperative Extension) and the County of Contra Costa. Despite the name of the organization, the Patient Ponies involved were not all ponies, some were horses. Claimant 's work at Rancho Adobe involved assisting severely handicapped children on and off both full and pony sized horses and insuring that they did not fall off while they were in motion. Claimant was given no special training for this work and he was afforded little, if any, direct supervision in its conduct. In the course of his work one of the youngsters started to fall from his pony and another volunteer called claimant over to help. Claimant was doing so when the pony banged him, he lost his balance and started falling over 'backwards, at that time the pony deliberately stepped on claimant's foot and he fell backwards and severely injured his lower back. The injuries here were the direct and -1- proximate result of the inadequate training and supervision afforded to claimant and the unaccustomed dangers to which claimant was exposed when reacting to the emergency involving this handicapped young person. (d) A general description of the injury, damage or loss received so far as it is known at the time of presentation of the claim: Claimant ' s legs are paralyzed and he is now relegated to a wheelchair. He was operated on at John Muir Hospital on May 9, 1985, and two (2) steel rods were inserted in his low back. So far as appears are at present, claimant will never again walk without assistance, such as crutches, walker or a cane. ( i ) Medical expenses - Claimant has employed physicians and incurred hospital and medical expenses , but the exact amounts are not known. Claimant has bills showing outlays of $53,413. 53. Claimant believes that the actual expenses are in excess of that sum. ( ii) Permanent Disability - As above, claimant has substantially lost use of his legs and, so far as appears at the present, he will be unable permanently to walk without crutches or other assistance. Claimant estimates this damage to be in excess of $1 Million. ( iii ) Future medical expenses - Claimant expects to incur further medical expenses in an amount which is not known at present. It could easily be that he' ll be forced to take up residence in a convalescent hospital because of his inability to care for his basic needs should the burden of his care at home become more than his wife can carry. Claimant is unable to estimate the amount of the damages on this aspect . ( iv) General damages - Claimant has further sustained mental and physical pain, anguish , stress, depression, embarrassment, fatigue, insomnia , memory loss and related injuries connected with his care, treatment and current circumstances. In addition, claimant has been changed by his injuries from an active and equal contributor in the marriage partnership with his wife to a generally passive invalid for whom many ordinary things have to be done . To a large extent claimant has also been mentally incapacitated by and since this tragic incident. He has been unable to make logical decisions and is much less the person he was before it occurred. Claimant estimates this aspect of damage to be in -2- excess of $1 Million. (e) The name or names of the public employee or employees causing the injury, damage or loss: The other volunteer who called claimant over to help with the pony was JEAN WEIL. BARBARA REGIER was one of the ones in charge at the Rancho Adobe. Claimant believes that she was involved with the 4-H organization. RUTH and BILL ( ?) were also present from Mauzy School but claimant is unaware of their last names. Claimant is unaware of the names of any others who were there. ( f) The amount claimed as of the date of presentation of this claim, including the amount of any prospective injury and the basis for its calculation: Claimant can only estimate this at $2. 5 Million. Executed on March 2L; 1986 , at Walnut Creek, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. /aw ` J JAMES M. THVMPSON -3- APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA � BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT April 22, 1986 A Saint the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: George and Naoko Ochikube Attorney: Don E. Bailey r,O ,Efiq Bailey & Karpman Address: 240 STockton S t. , 8th floor MAR 3 1, 1986 San Francisco, CA 94108 Amount: Unspecified By delivery to Clerk on �IlBttinez, GA 94553 Date Received: March 19, 1986 By mail, postmarked on March 18 1986 Cert jP 544 919 07 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: Pian ch 31, 19 8 6 PHIL BATCHELOR, Clerk, By& L Deputy Gat y now es II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (�) The Board should deny this Application to File Late Claim (Section 11.6). DATED: VICTOR WESTMAN, County Counsel, III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (X ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: APR 2 21986 PHIL BATCHELOR, Clerk, Byant.- Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediate) . IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. APR 2 41986 DATED: APR BATCHELOR, Clerk, By � �, Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk'of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM T f i I BAILEY AND KARPMAN Attorneys at Law • A Professional Corporation 2 240 Stockton Street, 8th Floor 3 San Francisco 94108 (415) 391-3400 4 Attorneys for Claimants 5 6 7 8 GEORGE OCHIKUBO and ) 9 NAOKO OCHIKUBO, ; 1 RECEV ED VS. ) 10 ) MAR �� 1986 COUNTY OF CONTRA COSTA, MT. DIABLO ) 11 HOSPITAL MEDICAL CENTER, DAVID PHIL T HELOR HELLERSTEIN, M.D. , BURTON BAKER, ) CL K NTR c sync w oRs 12 M.D. , ROBERT BLUE, M.D. , RONALD ) •• ••• • y WINSLOW, M.D. and DOES 1 through ) 13 100, inclusive . ) 14 15 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 16 TO: Board of Supervisors COUNTY OF CONTRA COSTA 17 Administrator, 18 MT. DIABLO HOSPITAL MEDICAL CENTER 19 Application is hereby made pursuant to Government 20 Code, Section 911 .4, for leave to present a late claim. Said 21 claim is founded on a cause of action for personal injuries 22 resulting from medical negligence beginning on or about 23 September 10 , 1985, for which a claim was not presented within 24 the 100-day period prescribed by Government Code §911 . 2 . For 25 additional circumstances relating to the cause of action, re- 26 ference is made to the proposed claim attached to this appli- I cation. 2 The failure to present this claim within the 100-day 3 period was due to the fact that claimant did not discover the 4 possible negligence which led to his injury until early January, 5 1986 . It was at this time that the claimant obtained his medical 6 records and the assistance of someone knowledgeable in medicine 7 to interpret them .for him. It was then that the claimant became c; 0 8 aware of the possible negligence giving rise to his claim 9 against his doctors and Mt. Diablo Hospital Medical Center. w 10 This application for leave to present a late claim is being 0 Z o 11 presented within a reasonable time of claimant's first contact Q E1 ro vE 12 with an attorney as is set forth in the attached declaration of CaG ; ✓: � Q - 13 Don E. Bailey, Esq. q t M 14 The County of Contra Costa has not been prejudiced a * 15 by the failure to present this claim within the 100-day period. ►a 16 WHEREFORE, it is respectfully requested that this v a � E x 17 application be granted and that the attached proposed claim a 18 be received and acted on in accordance with Government Code 'l. 19 §§912 . 4 through 913 . 20 DATED: March 17, 1986 . cl 21 BAILEYand KARP N !� 22 By: F Don .E. Bailey, 23 Attorneys for Claimants 24 25 26 2 . BAILEY AND KARPMAN Attorneys at Law • A Professional Corporation 2 240 Stockton Street, 8th Floor 3 San Francisco 94108 (415) 391-3400 4 Attorneys for Claimants 6 7 8 GEORGE OCHIKUBO and NAOKO OCHIKUBO, 9 VS. 10 COUNTY OF CONTRA COSTA, MT. DIABLO 11 HOSPITAL MEDICAL CENTER, DAVID HELLERSTEIN, M.D. , BURTON BAKER, 12 M.D. , ROBERT BLUE, M.D. , RONALD WINSLOW, M.D. and DOES 1 through 13 100 , inclusive. 14 PROPOSED 15 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 16 TO: Board of Supervisors COUNTY OF CONTRA COSTA 17 Administrator, is MT. DIABLO HOSPITAL MEDICAL CENTER 19 1 . The claimants ' names are George Ochikubo and 20 Naoko Ochikubo. Their address is 261 Firestone Drive, 21 Walnut Creek, California 94598 . 22 2 . Claimants desire that notices be sent to them 23 at the following address: Bailey and Karpman, 240 Stockton 24 Street, 8th Floor, San Francisco, California 94108 . 25 3 . The dates, places and circumstances that give 26 rise to this claim are as follows: On September 10 , 1985, claimant George Ochikubo 2 presented himself at the emergency room of Mt. Diablo Hospital 3 Medical Center with complaints of severe abdominal pain and 4 various gastrointestinal complaints, amongst other complaints. , Claimant George Ochikubo came under the care of David Hellerstein 6 M.D. , Burton Baker, M.D. , Robert Blue, M.D. and Ronald Winslow, 7 M.D. and other agents and/or employees of Mt Diablo Hospital 8 Medical Center and/or County of Contra Costa.' Claimant George Ochikubo was taken to surgery 9 on September 10, 1985, at which time an exploratory laparotomy 10 and an appendectomy were performed. Ten days later, on Z " Q 11 L. September 20, 1985, claimant George Ochikubo was taken back E. 12 13 to surgery and a second laparotomy was performed. During said 14 surgery on September 20, 1985, it was discovered that a portion a C 15 of claimant' s small bowel had necrosed and died requiring re 16 moval of a large portion of his bowel and reattachment thereof . 17 4 . It is claimants' contentions on the facts now 18 known that the injuries and damages sustained by claimant 19 George Ochikubo and his wife, Naoko Ochikubo, occurred as a result of the negligence and supervision by the agents and 20 21 employees of Mt. Diablo Hospital and Medical Center and/or 22 County of Contra Costa, such as Dr . David Hellerstein, Dr. Burton 23 Baker, Dr. Robert Blue and Dr. Ronald Winslow, and employees and 24 agents whose identities are as yet unknown . Such negligence 25 includes, but is not limited to, failure to properly diagnose 26 George Ochikubols condition in a timely manner, failure to 2 . I respond to such condition in a timely manner and failure to 2 give proper treatment once the condition was discovered. 3 5 . It was not until early January, 1986, that 4 claimant George Ochikubo discovered, for the first time, the 5 negligence which caused his injuries. 6 6 . As a proximate result of the negligence of the 7 agents and employees of Mt. Diablo Hospital Medical Center o 8 and/or the County of Contra Costa, claimant George Ochikubo was U 9 hurt and injured in his health, strength and activity sustain- 10 ing injury to his body and shock to his nervous system, includ- es Z U 11 ing, but not limited to, loss of a normally functioning 2. 12 intestinal system. Such injuries have caused, and continue to 13 cause, George Ochikubo great mental and physical pain and M14 suffering. 7. As a further proximate result of the negligence 16 of the agents and employees of Mt. Diablo Hospital Medical ala z 17 Center and/or the County of Contra Costa, claimant George 18 Ochikubo has incurred and will continue to incur medical and 19 related expenses, the full amount of such expenses is not 20 yet known . cn 21 8 . As a further proximate result of the negligence 22 of the agents and employees of Mt. Diablo Hospital Medical 23 Center and/or the County of Contra Costa, claimant George 24 Ochikubo has sustained a loss of earnings and a loss of earning 25 capacity. 26 9 . As a further proximate result of the negligence 3. I of the agents and employees of Mt. Diablo Hospital Medical 2 Center and/or the County of Contra Costa, claimant George 3 Ochikubo has been caused, and will continue to be caused, 4 extreme emotional and physical harm and trauma. 5 10 . As a further proximate result of the negligence 6 of the agents and employees of Mt. Diablo Hospital Medical 7 Center and/or the County of Contra Costa, claimant Naoko 8 Ochikubo has been deprived of the care, comfort, society and U 9 consortium of her husband, George Ochikubo, and will continue 10 to incur such loss in the future. O Z 11 VDATED: March 17, 1986 . < : vE. 12 BAILEYknd KARPNAN 13 By: !7 Don E. Bailey, P 01) 14 Attorneys for Claimants 16 17 18 19 20 21 22 23 24 25 26 4 . BAILEY AND KARPMAN Attorneys at Law * A Professional Corporation 2 240 Stockton Street, 8th Floor 3 San Francisco 94108 (415)391-3400 4 Attorneys for Claimants 6 7 8 GEORGE OCHIKUBO and NAOKO OCHIKUBO, 9 VS. 10 COUNTY OF CONTRA COSTA, MT. DIABLO 11 HOSPITAL MEDICAL CENTER, DAVID HELLERSTEIN, M.D. , BURTON BAKER, 12 M.D. , ROBERT BLUE, M.D. , RONALD WINSLOW, M.D. and DOES 1 through 13 100, inclusive . 14 15 DECLARATION OF DON E. BAILEY 16 1, DON E. BAILEY, declare : 17 1 am one of the attorneys for claimants, George 18 Ochikubo and Naoko Ochikubo. 19 1 make this declaration in support of claimaints ' 20 application for leave to present a late claim. 21 Claimant, George Ochikubo, understood he was under- 22 going a routine appendectomy on September 10, 1985, at 23 Mt. Diablo Hospital Medical Center. Subsequent to the surgeryf 24 claimant was told that he had developed normal post-surgical 25 complications. Claimant underwent a second surgery on 26 September 20, 1985, which he understood was necessary to treat r 1 the said complications. 2 It was not until after January of 1986, that claimant 3 discovered for the first time that the subsequent surgery may 4 have been due to negligent treatment in the first surgery. 5 Claimant George Ochikubo first contacted our office in 6 late January or early February, but due to my busy calendar, 7 I was not able to meet with claimant until March 14, 1986 . o� U 8 It was at this time that claimant learned that in addition to u; U 9 the physicians involved, he may have .a cause of action against w c 10 the hospital at which he was treated; namely, Mt. Diablo 0 Lr' z 11 Hospital Medical Center, a public entity under the County of Q � v 12 Contra Costa. GaG o f � N c =r 13 I believe that claimant and his counsel have acted x � A 0. 14 with due diligence in determining the need to file a claim and aC Ir .r 4 15 in presenting this application for leave to file a claim. 16 I do not believe that the County of Contra Costa b E x 17 has been prejudiced by claimants' failure to file a claim within a 18 the 100-day period. r 19 I declare, under penalty of perjury, that the fore- 20 going is true and correct. ;n o� 21 Executed this 17th day of March, 1986 , at San 22 Francisco, California. 23 24 Don E. Bailey 25 26 2 . APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT April 22, 1986 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. r�t',7tv')unSQ! Claimant: Eleanor Thompson M AR 2 -r 186 Attorney: William J. Hooey, Esq. Suite Martine,, (�H 945 3125 Clayton Rd. , p 53 Address: Concord, CA 94519 Hand delivered Amount: Unspecified By delivery to Clerk on March 26 , 1986 Date Received: March 26, 1986 By mail, postmarked on I. FROM: Clerk of the.Board of Supervisors TO: County Counsel Attached is a copy of the above noted Appli9qtion to File Late Claim. DATED: March 26 , 19 8 6 PHIL BATCHELOR, Clerk, By Deputy Cathy nov7les II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (X) The Board should deny this Application to File Late Claim (Section 911.6). DATED: a;02 &I VICTOR WESTMAN, County Counsel, B uty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). 00 This .Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. n DATE: APR 2 2 1986 PHIL BATCHELOR, Clerk, ByI. Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you Prem the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorne ru should do so immediately. IV: FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• DATED: APR 2 41986 PHIL BATCHELOR, Clerk, By ,b-� Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM MAR ab 1886 2oP PHIL 3ATCHELOr� CLE ARD F UPERVI RS CONTRA COSTA COUNTY BOARD OF SUPERVIS TRA sr ty In the Matter of the Application ) for Permission to File Late Claim ) of ELEANOR THOMPSON ) APPLICATION TO FILE VS. ) LATE CLAIM AGAINST PUBLIC ENTITY CONTRA COSTA COUNTY BOARD OF ) SUPERVISORS ) 1. Claimant ELEANOR THOMPSON ( "claimant" ) hereby applies to the CONTRA COSTA COUNTY BOARD OF SUPERVISORS (the "public entity" ) for leave to present a claim agaist that public entity pursuant to Section 911. 4 of the California Government Code. 2. The cause of action of claimant, as set forth in her proposed verified claim attached hereto, accrued on April 17, 1985 , a period within one (1 ) year from the filing of this application. 3. Claimant ' s reasons for the delay in presenting her claim to the public entity is as follows: (a) Claimant ' s failure to present the claim was through mistake, inadvertence, surprise and excusable neglect and the public entity should not be prejudiced by claimant ' s failure to present it within the time provided for in California Government Code, Section 911. 2. Until just recently (March 25 , 1986 ) claimant had not had the services of an attorney and was unaware that claimant had to file any sort of legal claim with any public entity. In fact, CHET WITTENBORN, a neighbor and friend of claimant and her husband ( "claimant' s husband" ) who took over and helped claimant and claimant's husband get together their affairs after the incident, actively discouraged claimant and claimant 's husband from engaging counsel, urging instead that the insurance company for 4-H could easily be persuaded to settle the claims without involving any such professional. As one could imagine from the matters set forth in the attached claim, claimant was totally devastated by the incident which left cla'imant's husband unable to walk without wheelchair or crutches at present and by the circumstances, drugs, pain and fear, mentally and physically unable to cope with the potential legal problems involved in his situation. The condition of total incapacity persisted well into the Fall of 1985, which was more than 100 days after the date of his -1- L fall . The results of the incident have left claimant' s husband, even today, unable, without substantial assistance, to put together his claims for presentation to this public entity. Indeed, claimant's husband was unable because of these circumstances , even to decide to employ counsel to represent his interests until the past ten ( 10 ) days. For all of the married life of claimant and claimant ' s husband (some 30 years or more) claimant has left major business decisions to claimant's husband. Claimant did so here, as well , not realizing at the time that claimant's husband' s mental and physical capacity had been impaired to a degree where he could not make needed decisions on the handling of the parties' joint affairs. In addition, claimant was herself distraught and had her hands full trying to cope with her virtually helpless husband and to nurse him to some sort of health as best as she could. Claimant simply didn' t have the knowledge or capacity to undertake the job of protecting her own or her husband ' s legal position during the period of 100 days after the incident of April 17, 1985. Claimant's failure to file a claim should be excused on this basis. On the other hand, the public entity cannot be prejudiced by this claim, since their representatives were present at the time of the incident involving claimant's husband, arranged for transport of claimant ' s husband by ambulance to John Muir Hospital, visited claimant's husband there during his hospitalization, and processed his insurance claim and even arranged for payment to him of the check for the medical-pay portion of benefits payable under the 4-H Insurance. The latter was paid on August 16, 1985, and amounted to $5, 000. (b) As above, claimant was physically and mentally incapacitated during the 100 day period set forth in California Government Code, Section 911. 2 for presentation of her claim and by reason of such disability failed to present her claim during such time. (c) Though claimant ' s husband was paid an advance or partial payment for the damages under the 4-H Policy of Insurance, neither claimant nor claimant 's husband were notified of the applicable statute of limitations or , for that matter, of the need to file a claim against this or any other public entity in order to receive the benefits of the rest of the applicable insurance as required by California Insurance Code, Section 11583. Neither has not been so notified by either the carrier or any public entity as of this date. As a result, the running of the 100 day period has tolled as a matter of law, to the date hereof. Neither claimant nor claimant 's husband was represented by an attorney on this claim, until March 25, 1986, when arrangements for such representation were finalized. (d) Moreover , CHET WITTENBORN told claimant recently that he advised Mrs. GLORIA DAVIS the Insurance Manager at U. C. Berkeley 4-H back in the Summer of 1985 , when discussing the -2- med-pay provisions, that claimant and claimant's husband expected later to be seeking additional benefits under the 4-H disability and liability insurances. Yet, at no time, did Mrs. DAVIS indicate to CHET that there was any special claim filing requirement or that claimant had 100 days or any other period within which to file a claim under the California Tort Claims Act. This omission was particularly misleading since all persons in 4-H with whom contact has been made have repeatedly indicated that they were sympathetic and wanted to help claimant and claimant's husband get what is due them. The public entities should be estopped from taking refuge behind the Tort Claims Act in these circumstances. Executed on March,, 1986 , at Walnut Creek, California. I declare under penalty of perjury, under the Laws of the State of California, that the foregoing is true and correct. DUANOR THOMPSON -3- CLAIM FOR DAMAGES TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS ( the "public entity" ) . The undersigned claimant, ELEANOR THOMPSON ( "claimant" ) hereby presents the following claim for injuries and damages to the public entity, the information therein required by Government Code, Section 910 being as follows: (a) The name and Post Office address of claimant: Mrs . ELEANOR THOMPSON, 410 N. Civic Drive, #206, Walnut Creek, California 94596. (b) The Post Office address to which the person presenting the claim desires notices to be sent: WILLIAM J. HOOY, Esq. , 3125 Clayton Road, Upstairs Suite , Concord, California 94519. (c) The date , place and other circumstances of the occurrence giving rise to the claim: On April 17, 1985, my husband , JAMES THOMPSON ( "claimant' s husband" ) , was working as an unpaid volunteer on a cooperative project for handicapped children at the Rancho Adobe , 500 Northgate Road, Walnut Creek, California. This project was being conducted jointly by the Staff of Mauzy School in Alamo, a public school, which is operated by the Contra Costa County Board of Education and Patient Ponies , a 4-H organization, which is sponsored and directed by the Regents of the University of California (Cooperative Extension) and the County of Contra Costa. Despite the name of the organization, the Patient Ponies involved were not all ponies, some were full sized horses. Claimant 's husband ' s work at Rancho Adobe involved assisting severely handicapped children on and off both full and pony sized horses and insuring that they did not fall off while they were in motion. Claimant was given no special training for this work and he was afforded little, if any, direct supervision in the conduct thereof. In the course of claimant 's husband 's work one of the handicapped youngsters started .to fall from his pony and another volunteer called claimant 's husband over to help. . He was doing so when the pony deliberately stepped on claimant ' s husband ' s foot and he lost his balance, falling over backwards and severely injuring his back. The injuries here were the direct and proximate result of the -1- inadequate training and supervision afforded to claimant and the unaccustomed dangers to which claimant's husband was exposed when reacting to the emergency involving this handicapped young person. (d) A general description of the injury, damage or loss received so far as it is known at the time of presentation of the claim: Since claimant 's husband was injured , he has degenerated markedly, particularly in his mental capacity. This change has turned claimant' s life upside down. Claimant is now a full time nurse, having to care for claimant' s husband' s needs. While claimant doesn' t object to caring for him, claimant has lost considerably by his injury by loss of his comfort, affection, society and moral support, to say nothing of his physical assistance in the operation and maintenance of our home. It goes without saying that our love relationship is by no measure the same as it was before this incident. Equally, claimant may well have to face the upheaval of having claimant ' s husband removed to a convalescent hospital for care if it gets beyond what claimant can handle. Claimant dreads that, particularly, since claimant was such a healthy and vibrant person before this all took place. Claimant estimates her damages for loss of consortium to be $1 Million. (e) The names of the public employee or employees causing the injury, damage or loss: unknown to this claimant. ( f) The amount claimed as of the date of presentation of the claim, including the amount of any prospective injury and the method of its calculation: Claimant estimates the damages to her to be $1 Million. Executed on March, 1986 , at Walnut Creek, California. I declare under penalty of perjury, under the Laws of the State of California, that the foregoing is true and correct. �ELE `NOR THOMPSON -2-