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HomeMy WebLinkAboutMINUTES - 04291986 - 1.22 CL Ano BOARD OF SQPERnsonS OFTG�TRA COSTA comm CAL1105IA As the Boar o o=r.issioners o t e HoulsinQ Authoritv of BARD ACTION Contra Costa County. " April 29 , 1986" Claim Against the County, or bistrict ) NOTICE TO CI.A7MW - governed by the Board of Supervisoors, ) The copy o this document mailed to you is your Routing Endorsements, and Board ) notioe of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph rVq below), io California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all uWarninga". Claimant: Cynthia Fuller Attorney: Allan M. Tabor Ryan, Tabor & Tabor Address: 400 Oyster Point Rd. ,.#203 So. San Francisco, CA 94080 Transmittal Amount: $1, 000, 000. 00 By delivery to clerk on March 31 , 1986 Date Received:March 31, 1986 By mail, postmarked an I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: April 1 , 1986 PHIL BATCKUDR, Clerk, By puty i II. OM: County Counsel 40: Clerk of the Board of Supervisors (Check only one) (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to ecmply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days. (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: i Dated: By: I Deputy County Counsel 61 III. FROM: Clerk of the Hoard 10: . (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present ( X ) This claim is rejected in full. ( ) Other: I I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: APR L9 1986 PHIL BATCHELOR, Clerk, By , 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 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 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 to claimant. DATED: APR 3 01986 PHIL BATOMDR, Clerk, By�- i , Deputy Clerk .0c: County Administrator (2) - County Counsel (1) 1 RYAN , `TABOO & TAFCR `Attorneys at Law RECEIVED 2 400 Cyster point Road, Pio. 203 So. San Francisco, California 94080 MARS 1986 3 (415) 5C9-3200 PHIL BATCHELOR Attorneys for Claimant CLE BOA oOFS ACO ohs CON 4 , T STA CO �. tY 5 6 7 8 CYNTHIA rULLIE ., CLkif•1 FOE DA1,4AGES 9 Claimant, 10 vs . 11 CONTRA CCSTA C(.UNTY, CITY 0=P 12 AUTHORITY. 13 14 CYINT. IA =UIL 1, presents her cla u: for damages , pursuant to 15 Government Cede Sections. 905 and 910, as follows : 16 A . fame and address of claimant: Cynthia Fuller, 1724 3rd 17 St. , Richmor,c, California. 18 B. Address of person to whom notices are to be sent : Ryan, 19 Tabor & Tabor, 4CO Cyster Point Road , No . 203, So . San Francisco , 20 California 9408C. 21 C. Date, place and circumstances of the occurrence : Gr: 22 March 7 , 1986, while visiting her sister' s horse, owned , by the c 23 above indivicuals , she fell in a hole which was directly in front 24 of the front door, causing the hereinafter described injuries . 25 D. Injuries and damages : M' -tin injuries to the left shoulde 26 and arm. 27 E. Public employees responsible : UnRnown at this time. 28 RYAN.TASCR&TABOR ATTORNE`'S AT LAW 1 OYSTER POtsT ROAC NJ 2-3JTN SAN FRA.vC:SC,7 CA i.Ca; 1 »I 531i,i2G0 1 F. Damages : W100000000.00. 2 DATE: March 21 , 1986 RYAN, TA 0 ` kBOR 3 4 ByA LAN F.-TABOR 5 6 8 9 14 11 12 13 14 15 16 17 18 19 20 21 ' 22 23 24 25 26 27 28 RYAN,*ARCA d TASCR ATTGANE�S AT I_AVY , 4000YSTEA P01NT RQAO 40.'07 90UTM:S*N.FAANCj0 ,is iWbL i _ 14151:SBP 020 HOUSING AUTHORITY of the COUNTY OF CONTRA COSTA 3133 Estudillo Street P.O. Box 2396 Martinez, California 94553 [] Central Administration March 27, 1986 (415)372-0791 Construction& Engineering (415)372.7308 Fiscal Acctg.& Financial Serr.ces (4 15)372.8134 Housing Operations (415)372.74CO Mr. Kafl Osterloh New Development M.C.S. Systems, Inc. (415)372.0796 y , Special Projects 542 Valle Vista Avenue (415)372.0796 Oakland, CA 94610 Housing Offices 2102 Buchanan Pcad Dear Mr. Osterloh: Antioch.CA 915C9 (4t5)754 2c65 Enclosed is a copy a $1,000,000 Claim Against the Housing Authority ` 20: c S,'19 Anticch.Ca 945C9 which was recently filed by Allan M. Tabor, Attorney, on behalf of (415) 7=7.2925 CYNTHIA FULLER, 1724 Third Street, North Richmond, who allegedly fell 2425S;ss: _n..S'::te-25 into an unprotected ditch at 1752 Jade Street, North Richmond, which Con(415)6 � 9,:--o was apparently left b (415j687.9791 y y your workmen, 71 P,C33go%ucic6Str2et We notified you of the alleged accident on March 14, 1986 and for- Martine;.CA 91553 warded a copy of the Public Accident Report filed by our Housing (115)---72-`a2t Manager, Alverness Brown. Cy; 1601 N.Dace Str-eet No. Richncnc.CA 915C2 (415)232.292 So that this matter may .be dealt with as expeditiously as possible, 11 4th& Rosemary Ln. please forward this matter to your insurance carrier immediately. Caklev.CA 94561 (415)625-2245 Thank you for your cooperation. r- 875 E! Pueoio avenue Pittsburg,. CA 9495 (415)4.12.3523 Sincerely, 2 Cah'orn;a Street Rodeo. Ca 91572 (1151 749.__76 52 P.eac Avenue Perfecto Villarreal 111G' 5c-==52 Executive Director PV:jt Enclosure Cc: Mr. Terry McGraw Deputy Administrator Contra Costa County HOUSING AUTHORITY V3 h 'of the COUNTY OF CONTRA COSTA 3133 Estudillo Street P.O. Box 2396 Martinez, California 94553 eoun fV Course,' [Central Administration March 27, 1986 MAR 3 1 1986 (415)372-0791 lwartnez, CA 94553 Construction&Engineering (415)372.7308 Fiscal Acctg.& Financial Services (415)372-8134 Housing Operations Mr. Victor J. Westman (415)372-7400 County Counsel [] New Development Contra Costa Count (415)372-0796 y [] Special Projects 651 Pine Street (415)372-0796 Martinez, CA 94553 Housing Offices ❑ 2102 Buchanan Road Re: Claim Against the Housing Authority Antioch,CA 94509 CYNTHIA FULLER (415)754-2565 ❑ Antioch, street Antiocch,CA 94509 Dear Mr. Westman: (415)757-2925 � 2425BissoLn.,Suite 225 Enclosed is a Claim for Damages against the Housing Authority Conco(415)6 7-8791 520 submitted on behalf of CYNTHIA FULLER b Allan M. Tabor of Ryan, (415)687-8791 y [] 3133EstudilloStreet Tabor & Tabor, 400 Oyster Point Road, No. 203, So. San Francisco, CA P.O. Box 2396 94080. Martinez,CA 94553 (415)372-8621 As you may be aware, the Housing Authority of the County of Contra E] 1601 N.Jade Street No. Richmond,CA 94802 Costa has an extensive modernization project in its Las Deltas (415)232.8492 Project, in North Richmond and Ms Fuller allegedly fell into an ❑ 4th& Rosemary Ln. unprotected ditch left by the general contractor's workmen. We have Oakley, -2 94561 forwarded a co of this claim to M.C.S. Systems, Inc. and a co of (415J 625.2245 Py PY 875 EI Pueblo Avenue Our letter to them is attached. Pittsburg,CA 94565 - (415)432-3523 Sincerely, 2 California Street Rodeo,CA (415)799.447676 52 Pueblo Avenue West Pittsburg,CA 94565 Perfecto Villarreal (415)458-3202 Executive Director PV:jt Enclosures 1 BOARD Cr SUPERVISORS QPM `:,, , COSTA MMM, CALIFORNIA BOARD ACTION Claim Against the County, or bistriet ) YMCE TO CL.A24W April`: 29, 19 n governed by the Board of Supervisors, ). The copy of 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: Awi�: Trucking, Inc. Jan E Brucker Attorney: Skellenger,, Ginsberg &. Bender 1111 Third Ave. , Ste. 1500 Address: Seattle, WA 98101-3207 Amount: $9, 919. 65 By delivery to clerk on Date Received: Ap r i 1 2, 1986 By mail, postmarked on .March 31, 1986 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 2, 1986 PHIL BATCHELOR, Clerk, By y Cd—thy Kriowles II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (�) This claim complies substantially With Sections 91.0 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 t-c-) Deputy County Counsel III. FROM: Clerk of the Board TO: 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 minut �r) s date. Dated: A PHIL BATCHELOR, Clerk, By(:�� ' , Deputy Clerk WARNRM (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: A PHIL BATaMDR, Clerk, By �iO4 , Deputy Clerk cc: County Administrator (2) County Counsel (1) ' LAW 9FFICES SUITE 1500 I 1 1 I THIRD AVENUE SKELLENGER GINSBERG & BENPER SEATTLE.WASHINGTON 98101.3207 (206)623-6501 FORMERLY HOUGHTON CLUCK COUGHLIN&RILEY TELECOPIER:(206)441-1973 A PROFESSIONAL SERVICE CORPORATION WILLIAM J,BENDER MICHAEL J.FOX WILLIAM L.SELLS.JR' SUITE 208 JANE.SRUCKER GUADALUPE GAMBOA DAVID SKELLENGER 329•'F'•STREET ARTHUR A.BUTLER PHILLIP H.GINSBERG JANIS K.STANICH ANCHORAGE,ALASKA 99501 KENNETH W.DEHN CHRISTINE,LAMSON LINDA J.STROUT (907)276-4743 LINDA B.EIDE WILLIAM N.MATHIAS.III KENNETH C.WEIL JANE M.MCCORMMACH _ OF COUNSEL: ' ADMITTED IN ALASKA AND WASHINGTON BERT L METZGER.JR. ROLLA V.HOUGHTON(1970) ' "ADMITTED IN CALIFORNIA JACK R.CLUCK(1983)DAVID F.MAINLAND.CONSULTANT" PAUL COUGHLIN(1985) ALL OTHERS ADMITTED IN WASHINGTON IMMIGRATION AND NATURALIZATION LAW March 31, 1986 RE.CE V Clerk of Board of Supervisors APR Contra Costa County � PCN�LcnRoom 106 County Administration Bldg- CLERK6OARDCr 1Z CIS 651 Pine St. NTAq�STr, Martinez, CA 94553 y~yt f`, Re: AWK Trucking , Inc. Accident Date: 1/3/86 Location: Safeway Distribution Center, access road Richmond; California Dear Sir or Madam: I represent AWK Trucking, Inc. , and am writing to present a claim for damage to AWK' s 1978 Kenworth tractor unit, loss or use and cargo contracts, and other miscellaneous expenses as a result of an accident which occurred on January •3, 1986 on the access road to the Safeway Distribution Center in Richmond, California. At approximately 1:00 a.m. , AWK's driver, Arthur W. Kilton, was transporting a load of frozen food (43,000 lbs. ) destined for the Richmond, California, Safeway Distribution Center. The highway approaching the Distribution Center is a four-lane, two-way undivided• road. As Kilton approached the Center from the south, he could see the main entrance to Safeway on the west of the highway. There was no access drive at that point, however, and Kilton proceeded north. At the north end of the Center was a large sign which stated, "Safeway Distribution Center" with a large arrow pointing west. The main highway curves to the right about 500 feet before the next intersection, which was uncontrolled. The Safeway sign was directly in front of Kilton at that point. _ 3 March 31, 1986 Page Two Once he determined there was no oncoming traffic, Kilton signaled and made the left turn. He entered upon a paved, unmarked and unnamed/unnumbered road. As he drove west, he. noted the road ahead was closed with a chain-link fence, approximately 300 feet west of the main highway. In additon to the fence, there were piles of debris and barricades adjacent to the fence, as well as a large red tank. To the right (north) of the fence line was an open muddy area. To the left (south) of the fence was a well-used dirt road leading directly to a Safeway gate and entrance to the Distribution Center. Parallel to and on either side of the dirt road were two large barricades. Kilton turned left onto the dirt road and proceeded forward. The dirt road was hard-packed and provided a firm driving surface. At the end of the dirt road, it intersected with a road around the perimeter of the Safeway property. As the gate (straight ahead) to the Safeway Center was not open--and Kilton could see another gate further up the perimeter road on the left--he made a left turn. At that point, there appeared to be some mud puddles on either side of the dirt road and even with the road surface. As the rig cleared the corner, the left rear tires of the trailer went into the "mud puddle," which was not merely a puddle at all, but a trench over two feet deep. The trailer tires/axles fell into the trench, tipping the trailer to a 45° angle, almost to the point of overturning. Kilton immediately stopped, but was unable to free the trailer and feared further efforts to pull forward or backward would cause the trailer to topple completely. Two separate tow companies had to be called, as the first to arrive had neither the equipment nor the skill to recover the tipped trailer. After the trailer was finally recovered and delivered for unloading, it was clear that AWK' s tractor had suffered major damage due .to the torque placed on the fifth wheel and frame by the tipping trailer. Inspection was made as soon as the tractor could be taken to a truck repair facility. it was discovered that the fifth wheel coupling mechanism was broken on both sides and unsafe for use. Further inspection revealed torsion damage to the tractor frame and suspension, and resulting misalignment of the axles. March 31, 1986 Page Four It is clear that the negligence of Contra Costa 'County in failing to properly maintain the roadway, post appropriate roan hazard or barricades, and the failure to post appropriate detour route designations was the proximate cause of this accident. Weare therefore tendering this claim to you with a demand -for payment of damages, as outlined below. DAMAGES Repairs to Tractor : Tow Service : $ 500. 00 Frame Repair : 1,761. 61 Fifth Wheel: 261. 00 Total: $2,022 .61 Loss of Use : Four (4) lost loads $5,000.00 on Jan. 3, 6, 8, 10- (at ($1,250 net profit each) Drivers' (2) expenses (9 1,.350.00 days at $75 per day) Total: $6, 350. 00 Other Costs Investigator (at $200 per $600.00 day) Investigation expenses: Air fare : 178.00 Rental car: 95.10 Bridge toll: 1.10 Fuel: 10. 36 Photos: 16.98 Meals• 75. 50 Long-distance telephone: 120.00 Legal expenses (to date and $ . 450. 00 continuing) Total $1,097. 04 PRESENT TOTAL: $9,919.65 9 March 31, 1986 Page Four Please present this claim to your legal department and insurance carrier. We are enclosing a diagram and photos of the accident scene, as well as copies of the repair invoices for AWK' s tractor. If we have not received an appropriate response by April 30, 1986, we will proceed with suit in this matter. Please address all correspndence/inquiry. to this office. Sincerely, SKELLENGER GINSBERG. & BENDER Jan E. Brucker JEB/lac 1611E cc : Mr. Arthur H. Kilton, President, AWK Trucking, Inc. CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating. to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , CA 94553 Cor mail to P.O. Box 911, Martinez, CA) . C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity . E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. ************************************************************************ RE: Claim by ) Reserved for Clerk' s filing stamps AW TRUCKING, INC. ) ) Against the COUNTY OF CONTRA COSTA) 2— or or DISTRICT) PH:L'3ATCNEL0,1 (Fill in name) ) cLF, ,.T CjSUPFCi$ORS The undersigned claimant hereby makes claim agains the C unty 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- injury occur? (Give exact date and hour) January 3, 1986, 1:00 a.m. 2. Where did the damage or injury occur? (Include city and county) Access road to Safeway Distribution Center, RichTwnd, California, Contra Costa County. ---------------------------T--------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) See attached letter. The access road torn up due to construction. An unmarked deep trench existed in the access road. AWK's tractor unit became trapped and tipped over, nearly overturning the cargo trailer. ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? County.road department failed to place proper road hazard barricades or other warning signs or traffic controls. County failed to properly mark or provide a detour route. (over) EXPENSES FOR VEHICLE ACCIDENT January 3-12 1986 1-3-86 Trailer goes into ditch at Safeway distribution Center, Richmond, California. Tow truck service, Freeman & Eastshore $ 500.00 Peterbilt, San Leandro 261.00 Kitterman, San Jose 1761.61 Investigator, AHK 3 days @ $200/day . 600.00 Investigator expenses, air fare 178.00 rental car 95.10 bridge tolls 1.10 auto fuel 10.36 photos 16.98 meals 75.50 lost load Jan 3rd 1250.00 lost load Jan 6th 1250.00 lost load Jan 8th 1250.00 lost load Jan 10th 1250.00 . long distance telephone calls legal fees .Z vu.J?M c4c.t� �h� We haul refrigerated goods. Our routine is pick up Monday pm deliver wednesday am pick.up Wednesday pm deliver Friday am pick up Friday pm deliver Monday am We picked up our next scheduled load on Monday 1-13-86 in Oxnard, CA 4 vvr, trc rv.. � 1/ EPA z &��.•rs� /:'R -, Sn�W� 70 �c rr>t ,sus 7S -76: c77-Lc"tT v IV,~IT.IV,°�+°�+*+++���*��`"~�� . � �u��um�m `^ * * COAST COUNTIES - SAN LEANDRO * ' PO' BOX 757 * ' * 5AN JOSE, CALIFORNIA 95106 0107-86 `. NAME CASH SALE 6~1/2% OAKLAND UNIT NO. 17 REPAIR ORDER NO, 056345 A.W.K. INC. MILEAGE 751521 23707 N.E. 63RD PLnCE D[L DATE 01 -0646 DATE 01-07-86 R[DMUN0, WASH. 98038 DEL MILE SVC U[R PJ PJ COMPLETE 01-07'06 P.O. NO. ' TRK MUD/SER - LW W900 164503S NUMU[R 0100 El NO �(l�/6ER - [UMMINS ['HONE TRW HOD/SER - R R^TJO RXL MOD/SER - - 1 CHECK ��H WHEEL FOR POSSIBLE DammG[ ^ CHECK L/H SIDE FOR LEnw, ' RL-MOVED 5TH WHEEL PLATE oA8 REPLACED PARTS SUPPLIED BY HULL0ND^ kEMUCLMBL[D AND LUDED. TOTAL LABOR 5^3 HRS @ $ 48~ 75 /. OUR = 258^38 TOTAL OIL, GRLASES , 1 ^25 1 MP-DALINA-PT LUBE 1 ^25 'iISC[LLANEOUS SUPPLIES 1 .29 - - - ' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - U06345 SALES-LA�OR-S. LE6ND 451C 258.38-- 026341 58^38- O56345 SLS-LUBE 6-1/2-0 S L 482 1 ^25- MISC SUF'PLIES-SRl SL 76C 1 .2?- SALES ^29-SALES 7mX 324 0^Oe- 000O C6SH SnLE 225C 261 .00 . ' ' ` ` ' O .• ,- o �t"7 •^ y a ) o �i s n p p LO IV rx `-'1' Ci� ,•�,. - ,�' ' �l ill V ` L .d At 10 of Q+a 2 ��y 1 O ` Q. v r + OA Q J 1 rOrv+ ft n "'a~fit m O 1 rO71 io - � 1I` � O .. �Wei ✓ L i � .p` Q}tM O � .. SWwO. tines C Y'•1 i V�V t� �.c ,.. O 00 V QAL %d ♦0.1 V 4 Y V y 1 s. a Z a. Kent Kitterman Inc. A monthly FINANCE CHARGE N° 17 0 5 6 will be computed at the rate o 1720 SOUTH FIRST STREET 1I/z% per month on any unoaic SAN JOSE, CALIFORNIA 95112 balance.ANNUAL PERCENTAGE TELEPHONE (408)998-8300 RATE OF 18°x.. TRUCK BODIES• TRUCK EOUIPMENT• FRAME STRAIGHTENING TO SHIP TO Art Kilton I AWF Trucking Inc . __$060- - 165th Ave , N . E . X205 Redmaond , Wash . 98052 rUUF PI;W(C t+ASE ORDER OUR 040kK(;;DER 7EFMS r+vO10E DATE 1 27601 Cash 1 - 10-86 ' MET-10th i o Valve Su pension i 2 x4" Rol t . 79 11 . 10 a L c . 06 Neway Air Valve 91 . 70 i jI r1pt Front Springs, 557 50 ) 650 15 Sales Tax 4551 750 . 00 Sublet PFEt I f ? Paid by check #102 e i EPAT'S FRAME CENTER 16 • 1 720 SOUTH HAST STM+EE T - A monthly FINANCE CHARGE 3:-.N JOSE. CAUPORNIA 95112 NON C ^ Will " comouted at the tate of 3 1�/, per month on any u^Za d 1406)998-3011 balance.ANNUAL PERCENTAGE RATE OF 18%. } HEAVY CUTY TRUCK AND©US FPArAE STRtv'-z-,t E^rNG I f TO SHIP TO Art Kilton AWK Trucking , Inc . i 8060--165th Ave. •N . E .- #205 Redmond , Wash . 98052 IU' RURCnASE ORDER OUR WORK ORDER TERMS. NVOZE DATE tip.-101" 1 -8-fib Gauge & ASij-,p,-nsinn - I 0-_ao- i t Tracking off 2 Oka-Y after adjustment . Repair frame horns . Bent to left at frQnt . Adjust front springs to center bolt-5 . RealigI3 rear ax Ips Note t P.O. NO. r ui✓!vY 1 Rt ,t :rGl✓fNG 1350 23rd Sflc.E:T l R.O. NO, SAN VAL-0, f_ '.i.iit3R::IA 94803 TIME OUT L''y! 213 ;iJ Ou^%S+ TIME IN TOTAL TIME DATE IN r/ O b - -• --.-_....�....___ -._ DATE OUT MILEAGE ENDING NAME / T T/zv CSC//v G yq MILEAGC START ADDRESS -7t 70 J N �/ TOTAL MILES CITY 49,A- "01.1 CiJ/�l• PHONE! SOC Yw. MAN! MODlSL COLCIw 11cE NSE s I w[OU ESTED EY �G Al L/ i1f i Tc✓12 L 7 DESCiRIP,TIICN I AMOUNT LOCATION OF PICKUP y Z �C7 , J� TOWING 3 7- oo j TAKEN TO MILEAGE ` DOLLY DOLLY EXTRA LABOR ?I 'v� I;F JIAI C 744 C 70A LABOR ADDITIONAL TOWING EAST ST'V,1L'C—_ 7o- W_ AD0T'L.T0WIN ADVANCE PAY OUT TO ADVANCE PAY OUTI STORAGE FROM n '/ TO �}ft DAYS v DA COMMENTS: NUS /► C,v I�Lt� fG�L ,J/d�`� �._ Oma`+ - - - -- 7-11-1 tale- ezL 61j," lC F -TIL f}1,,c-FP-p• TAX LEGAL OWNER DRIVER 7� TRUCK NO. ��. TOTAL - cI.[cw Iso. cA►II w ,.♦ FRONT TOW ❑ REAR TOW L1 1,THE UNDERSIGNED.DO HEREBY CERTIFY THAT I AM LEGALLY AUTHOgQED ANO W!-P�0 TO TAKE POSSESSION OF THE VEHICLE DESCRiBEO ABOVE AND ALL PERSONAL PROPERTY THEREIN.I 4VE REI EO Ago IN SATISFACTORY CONDITION. SIGNED MO1 w!s►ON .L[ ...Voss ON DAMAGE TD CANS OR A 11CL►s L&VTIN CAN,IN CASE OP FIA[, 1tikiT Ow AMY OTw[w CAVE •EYOMD ,� M[olo"m STAwOAwD POw M,,I•Ic. IST, O;/N CO NTwOL. - 3a�cb,� ) ��•6 -a-. � i' nr' ,z t,."�� ,at.A ^L" �, rn,r+.3,`YFi rte `. 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PIT I<, A Ti`uc K TiZA P SAT �; z' D n �Ju�S�td Tf�rllt�.Z �►Iu ELS DfZO�Ps� iN . �oLLZ 4 N OT Pd r l B LE 7D /{It=G,37%4^T LO` T TJk'4 Sr�FELY : LUfTH Tis S,ze, �Zl& . TRACTorZ An1GLff KEPT ,QAiLeF FOAA GOING Co/rii?l.cTTi3 LY OVis�. Tp-ralLd�z WAS USTi�3C. 14SO WIT14 LePT /rf P,T- L T�acTo� Dpi✓��S Lt F.r�.D DEQ G rz.:nO Zyz�. LA gf-rff L i RSC-7/0,J AL i ID ' X yx BAez,c.�:k 2x4 Cd�.ISTR'sJGT/DA) SAFc..il AY WCAWAY �� � SIN{T6i.'D 4ROCtT2S eNa 7vP�Ai _ - 4Wt -woz TCC a IT , . 1� ( iTy t F .`,..f C-;41vl,)f3L: J -ACr.�"' n p J 7 v o, zo Fr APOkau ,5cA4.@" TA K AkT N Ktlrali t . {AUUM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BDARD ACTION Claim Against the County, ar bi strict ) NOTICE 70 CLAIMANT Ap r i 1 29 , 1986 governed by the Board of ,Supervisors, ) The Dopy of s t 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 wWarnings". Claimant: Harold E. Carlson Attorney: Address: 2600 Jones Road #9 Walnut Creek, CA 94596 Hand delivered Amount: $250, 000. 00 By delivery to clerk on Apri1 2, 1986 Date Received: April 2, 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: An ri 1 2, 1986 PHIL BATCHELOR,, Clerk, By Deputy Ca h ovules 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: 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 (X ) This claim is rejected .in full. ( ) Other: I. certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BA70MOR, 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. FRONT: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardfs 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 DATID: claimant.K 3 0 1986 PHIL B azwR, Clerk, By 1:0•`� �S� , Deputy Clerk cc: County Administrator (2) County Counsel (1) .CL&W TO: BOARD OF SUPERVISORS OF CONTRA CO§*r ►'WV6pptication to: Iststructions to ClaimantVerk of the Board ' Martinez,Californta94553 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 filing 'stamps(7 Cc tfJA c yU, j R. CEI'V p c _, c Against the COUNTY OF CONTRA S.TA),. APR z- 198 9 y ' or DISTRICT) — PHI 9A?cN$oi` Fi in name ) :f ec,Aw"oPerms s . o The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 2_s'd _ nda and in support of this claim represents as follows: --------------- -------- -------------- -------------------- -- --- �. When did the damage or injury occur? (Give exact date and hour] '�. W�iEre did tFie damage ar in3ury occur? �In��ude city and county !�!`�,L�.cf 11'1,4Z_- , 06WC61?,0 00NT/f,4 0,6_0,6_57-,4T 3. How did the damage or injury occur? (GiveulS details, use extra sheets if required) 4. What particular act or-omission, on the part of county or district officers, servants or employees caused the injury or damage? v "/,/ LL/,4& - I-V A4 La LL.,!!VG C�er7-2-- ef 1 ,84- ,BU��.�- ��r AW 414,E-4 ks� _.12,4 *sl Ira vs oou %2a /Nr L_H.41O//YG Axa T hG oFF b.F = l�����T" �li'cy� ,L3i1 1-114/I�i¢�_ ���-� C'o v IV rl �iIlL�Q %o �!'.�_ u!ft's_ J��o Pry(over) "11 Tf IM 7W4- /Ala CLAIM AGAINST VTY OF CONCORD (1N�;:ii{I' TO. CITY O,F CONCORD, California 1950 Parkside Drive, Concord 94519 APR -2 AMlI 35 ATTN: City Clerk Pursuant to Section 910 of the Government Code, claim is presented to the City of Concord, California, as follows: (a) The name and post office address of the claimant; (b) The post office address to which the person presenting the claim desires notice to be sent; (leave blank if same as (a)). (c) The date, place, time, location and other circumstances of the occurrence or transaction which gave r to the claim asserted; C G . r�, r - , 5LOcy)ri� Date [ .j 5 Time e:?':3 f/1 Place 5� N 1i,=1� i / /,�c_�, /YCCI?/ 14�-�` Circumstances �iC %/�riG LJ/,5�/�� L�4/�/�_.S J'X6 4-i ��i9�//L=LL %� L— t/, �+✓l=L'L /S%Q 4 7— /v,2 /` eft;f ✓ � U ✓E �= li t-zP f fes+d"�s ��G /] ,L,rf/ �i^. k` < G ��• 'r •:%i1/ %� =° (use reverse if more space needed) (d) /A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim; /) i'N.S D/t/ 4-1:7- /714&Z-2 7;IJ /1 /.5 � f�l _ S �� J �f/ ,�'�'�// / T l� �� L /' l-/"� i 1/�/– �'!•'� 1//'/'r �r;is%tee 1 /G 1;)/C. ,il %�L//� !-�/G�ll7 ,7`�' v(' A //l �..�Nv G�f ff NU ��T c= /= /f r�✓s (e) The name or names of the public employee or employees causing the injury; damage, or loss, if known; (f) The amount claimed as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together, with the basis of computation of the amount claimed; c'7 I declare under penalty of perjury that the foregoing is true and correct. Executed at /�-J C% /4/t' S /.Z� Al1/ y t , California, on 14/01%/2- 19 . (Claimant's Signature) CA-1 FEB 77 ' ~# CLAIM WARD OF SQPERVISMS OF C3ffU C=A O0[)M CALIP�NIA BOARD ACTION Claim Against the County, or District ) WMCE 10 CLAD ANT Ap r i 1 29 , 1986 governed by the Board of Supervisors, ) The oopy of a 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, bels+), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarniW. Claimant: Joshua Clee Attorney: Lowell E. Richards Suskind and Richards Address: 1934 Contra Costa Blvd. Pleasant Hill, CA 94523 Hand delivered Amount: $100, 000. 00 + By delivery to clerk on Mar -h 31 , 1986 Date Received: March 31, 1986 By mail, postmarked an I. FROM: Clerk of the Board of Supervisors 10: County Counsel Attached is a copy of the above-noted claim. Dated: April 1 , 1986 PHIL BATCHELOR, Clerk, By Deputy Cat vKnowles II. FROM: County Counsel 10: 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 91.0.2, 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 70: (1) &nty 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 Boardts Order entered in its minutes for this date. Dated: 1986 PHIL BATCHELOR, Clerk, By L- , 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 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 DATED: AF N6 PRIL BAMMDR, Clerk, By i;0. Deputy Clerk cc: County Administrator (2) - County Counsel (1) SUSKIND AND RICHARDS • ATTORNEYS AT LAR' 1934 CONTRA COSTA BOULEVARD PLEASANT HILL,CALIFORNIA 94523 BARBARA SUSKIND (415) 676-5160 LOWELL E.RICHARDS March 31, 1985 MAR 3 1:1886 County Board of Supervisors PHIL BATCHELOR RS Contra Costa County G``E`R�ONT OOCOSTAecR�V-- 651 Pine Street `ti h �1'U"-beputy Martinez, CA 94553 RE: Joshua Clee Sun Valley Mall Accident, 12/23/85 Dear Sirs: This is to inform you of a claim for damages made by Joshua Clee. This claim involves the aircraft collision at Sun Valley Mall, Concord, on December 23, 1985. The specifics of the claim are as follows: 1. The claimant is Joshua Clee, 1919 Rose Lane, Pleasant Hill, CA 94523. 2. Notices regarding this claim should be sent to Lowell E. Richards, Suskind and Richards, 1934 Contra Costa Boulevard, Pleasant Hill, CA 94523. 3 . This claim arose out of the air crash on December 23, 1985, at Sun Valley Mall, which occurred as a result of negligent management, maintenance, and supervision. of activity at Buchanan Field by your public entity. Additionally, this public entity negligently allowed the airport and mall to operate in close proximity to each other, with this accident being an expected result. 4. The injuries to Joshua Clee include (but are not limited to) emotional damages which include dreams, loss of sleep, loss of appetite, increased susceptibilities to illness due .to the mental stress, and a fear of aircraft. 5. The names of the employees are not known to Joshua Clee at this time, but should be apparent to you through your own records. e. County Board of Supervisors March 31, 1986 6. Joshua Clee claims $100,000.00 in damages, insofar as is known to him at this time. This is based on therapy costs to date of. approximately $300.00, costs of therapy which are ongoing, general damages for mental suffering, and possible punitive damages for gross negligence. I look forward to your response at an early date. Ve ruly yours, LOWELL E. RICHARDS LER/dk cc: Joshua Clee CLAIK BOARD OF SMWVI80RS OFTU COSTA COU?M-9 C�ALII'ORpIA BDARD ACTION maim Against the County, OTI or District ) NCE TO CLAD UM April 29, 1986^ governed by the Board of Supervisars, ) The Copy o s t 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: Cindy Vasquez Attorney: Lowell. E. Richards Suskind & Richards Address: 1934 Contra Costa Blvd. Pleasant Hill, CA 94523 Hand delivered Amount: - $100, 000. 00+ By delivery to clerk on March 31 , 1986 Date Reeei ved:March 31, 1986 By mall. postmarked an I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 1, 1986 PHIL BATCHELOR, Clerk, By 1:� _ Deputy a y &10wies 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 410.8). ( ) 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 10: (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 Q) 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 minu��� u for 1 date. (� Dated: 2 y�fl� PHIL BATCMOR, Clerk, By 1. , Deputy Clerk WARNING (Gov. Code Section 91 3) 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 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. FRW:. Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardis 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. . DATE APR 3 0 1986 PHIL BATCHIIAR, Clerk, By� Lz-wlp11n , Deputy Clerk . ce: County Administrator (2) rr.,.,noi r,% SUSKIND AND RICHARDS ATTORNEYS AT LAW 1934 CONTRA COSTA BOULEVARD PLEASANT HILL,CALIFORNIA 94523 BARBARA SUSKIND (415)676-5160 LOWELL E.RICHARDS March 31, 1985 IR. � 7ED E FL Ll County Board of Supervisors PNILBATCHELOR Contra Costa County CL 8GA D GCOSTTAA CCQF SQkISORS ON _ 651 Pine Streets L, uty Martinez, CA 94553 RE: Cindy Vasquez Sun Valley Mall Accident, 12/23/85 Dear Sirs: This is to inform you of a claim for damages made by Cindy. Vasquez.. This claim involves the aircraft collision at Sun Valley Mall, Concord, on December 23, 1985. The specifics of the claim are as follows: 1. The claimant is Cindy Vasquez, 1919 Rose Lane, Pleasant Hill, CA 94523 . 2 . Notices regarding this claim should be sent to Lowell E. Richards, Suskind and Richards, 1934 Contra Costa Boulevard, Pleasant Hill, CA 94523. 3 . This claim arose out of the air crash on December 23, 1985, at Sun Valley Mall, which occurred as a result of negligent management, maintenance, and supervision of activity at Buchanan Field by your public entity. Additionally, this public entity negligently allowed the j airport and mall to operate in close proximity to each other, with this accident being an expected result., 4. The injuries to Cindy' Vasquez include (but are not limited to) emotional damages which include dreams, loss of sleep, loss of appetite, increased susceptibilities to illness due to the mental stress, and. a fear of aircraft. 5. The names of the employees are not known to Cindy Vasquez at this time, but should be apparent to you through your own records. c County Board of Supervisors March 31, 1986 6. Cindy Vasquez claims $100,000.00 in damages, insofar as is known to her at this time. This is based on therapy costs to date of approximately $300. 00, costs of therapy which are ongoing, general damages for mental suffering, and possible punitive damages for gross negligence. I look forward to your response at an early date. Very ly yours, LOWELL E. RICHARDS LER/dk , cc: Cindy Vasquez i 2�-a BOARD OF SOPERVISORS OF 03M 00.,SM ODUNTr, cappORIPIA BARD ACTION Claim Against the County, dr tlateiet ) YXICE TO CLADUM April 29 , 1986" governed by the Board of Supervisors, ) The copy o s t led to you is your pouting Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph No below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarninga". Claimant: Richard P. Lang, j r. Attorney: Lowell E. Richards Suskind and RichErds Address: 1934 Contra Costa Blvd. Pleasant Hill, CA 94523 Amount: $100,000. 00 + By delivery to clerk on . Date Received: April 1 , 1986 By mail, postmarked on No date I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: April 1, 1986 PHIL BATCHELOR, Clerk, By �- Vk-A0Y, Deputy CRhy K ovules 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) CWmty 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 d's Order entered in its minutes for this date. � 19 Dated: 8bb PHIL BATCfMOR, 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 oonnection 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 copes 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 meso thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimantts right to apply for leave to present a late claim was mailed to claimant. DATED: A P R q n lqffi PHIL BATCHEAR, Clerk, By , Deputy Clerk Cc: County Administrator (2) - County Counsel (1) SUSKIND AND RICHARDS ATTORNEYS AT LAW ' 1934 CONTRA COSTA BOULEVARD PLEASANT HILL,CALIFORNIA 94523 BARBARA SUSKIND . (415) 676-5160 LOWELL E.RICHARDS March 28, 1986 DECEIVED County Board of Supervisors APR I Contra Costa County PW IA CMt/OR �l K BOA f SUPE eS 651 Pine Street �}-�conic Martinez, CA 94553 � � �'! w RE: Richard P. Lang, Jr. Sun Valley Mall Accident, 12/23/85 Dear Sirs: This is to inform you of a claim for damages made by Richard P. Lang, Jr. This claim involves the aircraft collision at Sun Valley Mall, Concord, on December 23, 1985. The specifics of the claim are as follows: 1. The claimant is Richard P. Lang, Jr. , 20 Dalton Court, Pacheco, CA 94553. 2 . Notices regarding this claim should be sent to Lowell E. Richards, Suskind and Richards, 1934 Contra Costa Boulevard, Pleasant Hill, CA 94523 . 3 . This claim arose out of the air crash on December 23, 1985, at Sun Valley Mall, which occurred as a result of negligent management, maintenance, and supervision of activity at Buchanan Field by your public entity. Additionally, this public entity negligently allowed the airport and mall to operate in close proximity to each other, with this accident being an expected result. 4. The injuries to Mr. Lang include (but are not limited to) burns and scarring, and emotional damages which include dreams, loss of sleep, loss of appetite, and increased susceptibilities to illness due to the mental stress. 5. The names of the employees are not known to Mr. Lang at this time, but should be apparent to you through your own records. County Board of Supervisors March 28,. 1986 6. Mr. Lang claims $100,000.00 in damages, insofar as is known to him at this time. This is based on medical costs to date of approximately $300.00, costs of therapy which are ongoing, general damages for pain, suffering, and disfigurement by scars, and possible punitive damages for gross negligence. I look forward to your response at an early date. Ver ly yours, LOWELL E. RICHARDS LER/dk cc: Richard P. Lang, Jr. a CLAD BOARD OF SUPERVISORS OF CMU COSTA COON'7, CALDFORNIA ]BOARD ACTION April 29, 1986 Claim Against the County, or District ) 110TICE lD M AD'9A1QT 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 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 Patricia Sellars and 915.4. Please note all "Warnings". Claimant: Attorney: Daniel E. Phillips Gunnar G. Gunheim Law Offices Address: 7665 Redwood B1vd. , Ste. 200 Novato, CA 94948 Amount: $100,000- 00 By delivery to clerk on Date Received: April 1, 1986 By mail, postmarked on March 31 , 1986 Fed. Express airbill Q 0448133u04 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: An r i 1 1. 1986 PHIL BATCHELOR, Clerk, By Deputy a Knowits II. FROM: County Counsel M: 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: cc Deputy County Counsel III. FROM: Clerk of the Board TO: (1) Vounty 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 ( )0 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: P By 1986 PHIL BATCHELOR, Clerk, , 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. 11. FRCM: Clerk of the Board 7 0: (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 clai 3 01986 PHIL BATGMWR, Clerk, By , Deputy Clerk 00: County Administrator (2) County Counsel (1) RECEIVED CLAIM AGAII48T THE C0UNTY_!0F'.X0NTTiA;COSTA APR � iy86 PURSUANT TO GOVERNMENT CODE SECTIONS 900 et Q PHIL B TCHEL�R CLERK pTRA F ST PE O1S �S n B BAY CLAIMANTIS NAME PATRICIA SELLARS CLAIMANT'S ADDRESS 3.8 Worral TELEPHONE (415) 757-3588 Antioch, CA 94509 AMOUNT OF CLAIM $ 100 ,000. 00 ADDRESS TO WHICH NOTICZS ARE TO BE SETT Law Offices of Gunnar G. Gunheim 7665 Redwood Boulevard, Suite 200 12/23j85 Post Office- Box 1705 DATE OF. INCIDENT Novato, California 94948 (415) 898-2100 LOCATION OF INCIDETT Sun Valley Mall, Concord, County of Contra Costa, California HOW DID IT OCCUR Airplane crashed into Sun Valley Mall, injuring claimant due to negligence and carelessness of the County, in the operation maintenance, planning, and design of Buchanan Field Airport and in the flight directions and instructions given pilot. DESCRIBE DAPIAGE OR INJURY Burns and injuries to hands, arms and top of head and other injuries as set forth in medical records. Property NAML OF PUBLI a O (S) '6 �§&cffJUffcOR DA1 AGE, IF KNOWN Unknown at this time. ITr' MIZATION OF CLAIM (List items totaling amount set forth above) Medical and Hospital Bills: $ 272 . 82 & continuing Future Medical and Hospital Bills : $ Undetermined at this time. Past and Future Wage Loss and Loss of Earning Undetermined at this time. Property Damage: 218. 50 General Damages : g 100 ,000. 00 TOTAL $ inn 'aai -49 Signed by or on behalf of Claimant � �� ✓� Daniel E. Phillips, Attorney Law Offices of Gunnar G. Gunheim LAW OFFICES OF GUNNAR G. GUNHEIM TELEPHONE 7665 REDWOOD BOULEVARD (415)898.2100 GUNNAR G.GUNHEIM POST OFFICE BOX 1705 APPOINTMENTS AVAILABLE DANIEL E.PHILLIPS NOVATO,CALIFORNIA 94948 IN SAN FRANCISCO Federal Expres Airbill #044893004 March 31 , 1986 Clerk of the Board of Supervisors County of Contra Costa Room - 106 - First Floor 651 Pine Street Martinez, CA 94553 Re: My Clients: Brett Jacobus Patricia Sellars Date of Injury: December 23 , 1985 Gentlemen: Enclosed please find two sets of Original Claims and one set of copies for the above mentioned clients, Against the County of Contra Costa; kindly stamp each copy as being received and then return the copies to me in the enclosed return envelope that I have provided. Thank' you. Yours very truly, Daniel E. Phillips DEP/cc Enclosures t , �a, BOARD OF SUPERVISORS OFNNTRA OOSTA OOO=1 CALF_ IA BOARD ACTION Claim llgainst the County, or bistriet ) "MCE TO CLADrlM An r i 1 29, 1986" governed by the Board of Supervisora, ) The copy o s t 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 No below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Brett Jacbus Attorney: Daniel E. Phillips Gunnar G. Gunheim Law Offices Address: 7665 Redwood Blvd. , Ste. 200 Novato, CA 94948 Amount: $100,000. 00 By delivery to clerk on Date Recei ved:Ap r i 1 1, 1986 By mail, postmarked on 3/31/86 Federal Express airftt r 044895004 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: April 1, 1986 PHIL BATCHED OR, Clerk, By Deputy 0 II. FROM: County Counsel 10: Clerk df the Board of Supervisors (Check only one) 0 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: �- putt' 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 Boards Order entered in its minutes for this date. Dated: APR z 2 1986 PHIL BATCFMOR, 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 oormection 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 29T03. ( ) A warning of claimant's right to apply for leave to present a late claim Was mailed to claimant. DATED: APR 3 0 1986 PHIL BATCHELOR, Clerk, By \..Dl, L .� , Deputy Clerk ce: County Administrator (2) County Counsel (1) RECEIVED APR 1 85 CLAIM AGAINST TILE COUINTY_`OF _coNTJZ7_-C0STA PHIL ATCHELOR OA PURSUANT TO GOVERNMENT CODE SECTIONS 900 tc NT OSIPERSTACV. RS CLAIMANTIS NAME BRETT JACOBUS CLAIM_k1,T'S ADDRESS 1511 #E Schenone Court TEL HONE (415) 682-2117 Concord, CA 94521 AMOUNT OF CLAIM S 100 ,000. 00 ADDRESS TO WHICH NOTICLS ARE TO BE SM%TT Law Offices of Gunnar G. Gunheim 7665 Redwood Boulevard, Suite 200 DATE OF_ INCIDENT 12/23/85 Post .Office-_fox .105 Novato, California 94948 (415) 898-2100 LOCATION OF INCIDETT Sun Valley Mail, Concord, County of Contra Costa, California HOW DID IT OCCUR Airplane crashed into Sun Vallev Mall , injuring claimant due to negligence and carelessness of the County, in the operation maintenance, planning, and design of Buchanan Field Airport and in the flight directions and instructions given pilot. DESCRIBE DAPIAGL QR, INJURY Burns and injuries to hands and arms and other injuries as set forth in the medical records, Propertv Damagge to clothing, etc. and to lost pro er v NAM OF PUBLIC = TEE(S) CAUSININJURY OR DATIAG I� 961IN Unknown at this time. ITEMIZATION OF CLAIM (List items totaling. amount set forth above) Medical and Hospital Bills: $ 399. 48 & continuing Future Medical and Hosptial Bills: $ Undetermined at this time. Undetermined at this time. Past and Future Wage Loss and Loss of Earning C4pacity: Property Damage : 438. 69 General Damages : 100 ,000. 00 TOTAL $ 100 , 838. 17 Signed by or on behalf of, ClaimantGt.� Daniel E. Phillips, Attorney Law Offices of Gunnar G. Gunheim f J BOARD OF SCPFAVISORS OF 03M OMA Oa1NTff. CAI.IIrORlTIA KARD ACTION Maim Against the County, or bi strict ) AOTICE TO Ap r i 1 29 , 19 8 6 governed by the Hoard of Superviaora, ) The copy o a t malled to you is your Routing Endorsements, and Hoard ) 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 wNarnings". Claimants Joanne Gearring Attorneys C. Don Clay DuBois , Hove & Clay Law Offices Address: 1401 Lakeside Dr. Lakeside Plaza, Ste. 700 Amount: Oakland, CA 94612 By delivery to clerk on $35, 000: 00 Date Received: March 31, 1986 By mail, postmarked on March 28 , 1986 I. FROM: Clerk oT the Board of Supervisors TOs County Counsel Attached is a copy of the above-noted claim. Dated: April 1, 1986 PHIL BATCHELOR, Clerk, By Deputy -FROM: County Counsel 70: Clerk 1of 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 Hoard TO: (1) County Counsel, (2) County Administrator ( ) Claim Was returned as untimely with notice to claimant (Section 911.3). IV. BOARD By unanimous vote of Supervisors present (x) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. (� Dated: PHIL BATCHELOR, Clerk, By �A , Deputy Clerk WAR ME (Gov. Code Section 913) Sub3ect 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 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 Hoard's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim 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 R PHIL BATCIEGOR, Clerk, By C,6- , Deputy Clerk oc: County Administrator (2) County Counsel (1) LAW OFFICES DU Bois, HOVE 8 CLAY 1401 LAKESIDE DRIVE LAKESIDE PLAZA, SUITE 700 WILLIAM H. Du Bois OAKLAND, CALIFORNIA 94612 RICHARD E.HovE (415) 835-8000 C.DON CLAY . March 25, 1986 Clerk of the Board of Supervisors Board of Supervisors 651 Pine Street, Room 106 Martinez CA 94553 Re: Joanne Gearring Date of Loss: 2/19/86 To the Clerk of the Board of Supervisors: Enclosed please find one original and three copies of our Claim Against the County of Contra Costa. Upon receipt, please stamp one copy "Received" and return it to our office in the enclosed stamped envelope. Thank you for your courtesy and cooperation in this matter. Very truly yours, DU BOIS, HOVE & CLAY BECKY ATAGUE Secretary to C. DON CLAY /bp Enclosures r t- CLAIM AGAINST THE COUNTY OF CONTRA COS AR-E-,CEIVED MAR 3 1966 1. CLAIMANT' S NAME: JOANNE GEARRING PHIS SATCHEL 2. CLAIMANT' S ADDRESS: 590 Boden Way LLC 'E'�CONT BOAOCOSTAC EFRI �soRs Oakland, California 94617w ep.ty 3. AMOUNT OF CLAIM: $35, 000 4. ADDRESS TO WHICH NOTICES ARE TO BE SENT: C. DON CLAY DU BOIS, HOVE & CLAY 1401 Lakeside Drive Lakeside Plaza, Suite 700 Oakland, CA 94612 5. DATE OF ACCIDENT: February 19, 1986 6. LOCATION OF ACCIDENT: El Portal Drive at the intersection of E/B I-80 exit 7. HOW DID ACCIDENT OCCUR: Claimant was traveling from E/B I-80 off-ramp N/B through the intersection at El Portal Drive with a green traffic signal. Driver of the Sheriff' s car traveling E/B on E1 Portal Drive proceeded : :through a red traffic signal and failed to observe claimant in the intersection. 8. DESCRIBE INJURY OR DAMAGES: Claimant' s vehicle sustained major damage to its front end. Bodily injury: neck, back and shoulder strain. 9. NAME OF PUBLIC EMPLOYEE CAUSING INJURY OR DAMAGE, IF KNOWN: Denise Kreps, Contra Costa County Sheriff 10. ITEMIZATION OF CLAIM: Tobe ascertained $ TOTAL: Signed by or on behalf of Claimant C. 0 Dated: March 25, 1986 Attorney for Cl(- ant JOANNE GEARRING VA 1 . �a Q.AD4 BDARD OF SMWVISORS OF CWU MSTA ODUIdTt, CALIPORBIA BDARD ACTION Claim Against the County, or bistrict ) BOTICE 10 C,LTKW April 29 , 1986 governed by the Board of Supervisors, ) The copy OfWs document =110d to you is your Routing Endorsements, and Board ) notice of the action taken on yoia 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 wWarninW. Claimant: Nellie B. Scott Attorney: Address: 126 Lake Ave. RodeoCA 94572 TTransmittal, Amount: r By delivery to clerk on March 31, 1986 . 731. 89 Date Received: March 31 , 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: Ap r i 1 1 , 1986 PHIL BATCHELOR, Clerk, By Ast-o Deputy a y Knotqles II. OM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) (X). This claim complies substantially with Sections 910 and 910.2. ( ) This Clain 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 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BDARD ORDER By unanimous vote of Supervisors present 00 This claim is-rejected in full. I ( ) Other: I Certify that this is a true and correct copy of the Board's Order entered in its minute �o�lthin date. oo Dated: HUK PHIL BATCHMOR, Clerk, By , Deputy Clerk WARM E (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 thia 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 Boardis action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Boardfs copy of this Maim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. (�� pp DATED: PHIL BATCHELOR, Clerk, By 1 A0-+ w, A , Deputy Clerk OGS rr„rty �rin+in{.*..�+n.. r7\ .._._�-- "- - --• • CY;AIA TO: BOARD OF,zSUPERVISORS OF. CONTRA COSTA-COUNTY • r Insttuctions to Claimant A. Claims relating .to causes of action for death. or for injury 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 ,w --- pr0ented not later than'-one year`- after the.,-accrual of }the cause of -action. Sec. 911. 2 Govt. -Code) B. C aims must be filed with .the Clerk of the Board of �Supervisors = . "- a is office in Room 106, County Administration. Building, 651 Pine Street, Martinez, .CA 94553. Cor mail to. F.O. Box . 911.,: Martinez, CA) If claim is against a .dis•trict 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--cIAim's must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. -72 : at­end of this form. RE: Claim b J )Reserved for Clerk' s filing `s tamps Y ) . RECEIVEI Against the COUNTY OF CONTRA COSTA) MAR X19$6 or DISTRICT) PHIL BATCHELOR Fill i n -name) ) E`ER ONTR OOSTA C VISORS uty The undersigned claimant -hereby makes claim against the Co my of .Contra Costa or the above-named District in the sum of $ 3/ . � . and in support of this -claim represents as follows: ----------------------------------------------------------------------- 1. When did the damage .or injury occur? (Give exact date and hour) " Wh re did the dam a or injury occur? (Include cit and county) 3. How .d' d he damag a or in] Y ur ccu ? (Givefuil details, use extra sheets if required) l [Tc) 4 hat particular act or omission on the part of county or district, officers, servants or employees caused the, injury ;or damage? �,►�t� J�-e.. -�' �G4� ?it� ,,�� Z (over) • �` HILLTOP FORD - • ' 3280 Auto aza ESTIMATE OF REPAIR Phone 222-4444` SHEET NO. OF S RICHMOND, CALIF. 94806 a Complete Service All Makes of Cars R.O. NO. r, 1 te�-�S-,L�%i— —� ar OwnerAddress /pu_r� �—�a Phone 'Make Year4 L5, Serial No. Motor No. Body Sty deage_ License No. L" l��/ Paint No. Trim No. nsurance Co. Adjbsi� / ��• - �..rbona No. File No. • t..REPAIR EPLACE ESTIMATE OF REPAIR COST LABOR HOURS PARTS MISC. SUBLET. lee • � / - .. G Y; The undersigned agrees to complete thea ve repairs ! / c+�/10"r-2--tabor $ / �lG '..`Of this amount the above named insure is to pay Parts ; $ insurance deductible\`, . Misc. $ depreciation Sublet $ work not covered by insurance Sales Tax $ .. DAMAGED or WORN parts removed from car will be junked unless owner instructs us otherwise in writing.It NEW PARTS listed 'r herein or required are NOT available,we reserve the right to REPAIR such damaged or worn parts,where possible,the CHARGE ESTIMATE TOTAL $ for which will be made on an actual time basis at our prevailing labor rate per hour.The above is an APPROXIMATE estimate of repairs required. based on the inspection made. ADDITIONAL parts, or labor, may be required after the work has started, �G which were not evident on the first inspection.SUCH ADDITIONAL LABOR AND MATERIAL WILL BE CHARGED FOR IN ADDITION G(f ADVANCE CHARGES $ TO THE ABOVE.PARTS PRICES SUBJECT TO INVOICE. /�.�� 44 CLU M BOARD OF SUPERVISORS OF O !�T A COSTA OOOM CAL110NIA BOARD ACTION Claim Against the County, or bistrict ) NOTICE TO (LA11KANT April 29 , 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 on 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 "Warnings". Claimant: Kenneth L. Malnborg Attorney: Address: P.O. Box 539 Clayton, CA 94517 Transmittal Amount: Unspecified By delivery to clerk on _ Aoril 1 . 1986 Date Received: Ap r i 1 1, 1986 By mail, postmarked on h�ar G� 25c�Vq t 4 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: An r i 1 1. 19 8 6 PHIL BATCHELOR, Clerk, By &A, - Y, Deputy Cath K ovules II. FROM: County Counsel 70: Clerklof the Board of Supervisors (Check only one) ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to emply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( ) 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 refected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes fQr,§W date. Dated: Ht'K y9 PHIL BATCHIIAR, Clerk, By 0-10 ,• Deputy Clerk WARNING (Gov. Code Section 913) SubJeet 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 DATED: claimant.01986 PHIL BATCHIIAR, Clerk, By � , Deputy Clerk T- W: County Administrator (2) County Counsel (1) CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY I i;tructionsto 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 Cor 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 RE EIVED ) Against the COUNTY OF CONTRA COSTA) NDE or DISTRICT) PHM GATCHECOR C CL GOAR 'gup,Ry1gORS (Fill in name) ) (� i�}`YONJT STA CC) putt, 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 injury occur? (Give exact date and our 7'33� - (An�) .� ____-___�._____________________ ___ 2. Where did t damage or__i jury occur? (Includeci and cou y) _ _ _ _ ___------- ---------------------_---e-:f----_----- _ --_-_-_ _ ______ -4 � 3. How did the damage or injury occur? (Give-full details, use a tr sheets f requite cam, w 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or d a e?„-7"� ver) SERVICE COMMENTS ACCOUNT C NUMBER N o. JNAME wn C/ / Cj r Ir t " ADDRESS •, e: CITY AND aP CODE '/' Gt RHONE (AREA CODE) --_ BOR SHOP CODE CHARGES Moa DONE IIISEARS'WSTA T' II HRAs/ 1VN�LVMEE BALANCE-) -'Owro�RnPASSBw. . CA.a4see= SHOCKS 648 LUSE/OIL CHANGE , QQ .[A CREDfI AMOVAL STATE UQPw N0.H eppi Mb) OIL FILTER- i - TRANSMISSION OIL/ ��/) f/j RITER SERVICE I g OF / YV ALIGNMENT REPAIR - MAKE i f CTDOMETERIKAONG AUGNMEM - rE VENTIFICATION NO. N - -- _ - -ENGINE DIAGNOSIS i TWE IN READY SY , A - - .. , .. vu PARTS REoIX AYES p„TEDD r usTOMEp DATE i EXHAUST SYSTOWMUFHE - TAILPIPE/EXHAUST PIPE R/ ..wrtul ESTWATE ttTQED ESTNV.TE _.. TWE P DAY !!;: i CLiTOMT!CLNGCRD BRAKE SERVICE PAIRS FARIS a, I ,ASOE uBoe p w EERsaN COOLING SERVICE i p It waNE . �. TOTAL TOTAL NO. • (II cq*ke blR)TAX -� �- - SEE WARRANTY ON REVERSE SIDE A WOR TOTAL (Ind.Iw H epplicobla) WO AUTHORIZED BY OTY, DIV.I STOCK NO. UNIT AMOUMCSF SALE DESCRI OF PArs PRICE (CASH PIRCE)' ALL RTS NEW pMERWISE ST D I ,J I NOTICE TO OUR CALIFORNIA CUSTOMERS A buyer of this product in California has the right to have this product serviced or repaired during the.warranty period. The warranty period will be extended for the number of whole days that the product has been out of the buyer's hands for warranty repairs. If.a defect exists within the war- ranty period, the warranty period will not expire until the defect has been fixed. The warranty-period-will also be extended if X This-purchase is made under iny SeamCbarge Account Security the warranty repairs have not been per- TA3 ' Agreement which is incorporated herein by reference.This sale formed due to delays caused by circum- MERCHANDISE is subject to the approval of the Credit sates Department of( "stances beyond.the control of the buyer, Sears,Roebuck and Co.. andudinD+�� ,U,CH,SD BT I or if the warranty repairs did not remedy qO +©- TOTAL AMOUNT the defect and the buyer notifies the aF SALE 'J ; X manufacturer or seller of the failure of the This purchase is made under-T y Discover Cardmember repairs within 60 days after they were °EPOS' Agreement which is incorporated herein by reference and t completed. if, after a reasonable number I authorize the issuer to pay Sears. This Bale is subject to the of attempts,the defect has not been fixed, approval of the Discover card credit Department.RIRCNASEp BAIANCE the buyer may return this product for a re- � BT X placement or a refund subject, in either 16012 SEARS, ROEBUCK AND- CO. -" case,to deduction of a reasonable charge Seam Tire 6 A—r___ for usage. This time extension does not Soars Forms Management SHIPPER COPY WE INSTALL CONFIDENCE affect the protections or remedies the DAY AND NIGHT buyer has under other laws. Couly Counsel 4 CL" p ; ? 986 BOARD OF SUPRR9I9= OF CMIU O=A CALIFORNIA ' UA .94553 . EWM ACTION Claim Against the County, or bistrict ) VMCE TO CLUKANT Ap r i 1 ' 2 9 , 1985 governed by the Board of Supervisors, ) The copy of s t 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 wWarnings". Claimant: Farmers Insurance Group , on behalf_ of its insured, Wentling Studio Attorney: Lynn M. Cresalia Schaefer, Walker, Del artini 6: 11aguire Addrass: 155 11. Redwoo(: Drive; Ste. 250 San Rafael, CA 94903 Hand delivered Amount: Approximately e,',60,000. 00 By delivery to clerk on , A_yi 1 2. 1986 Date Received: April 2 1936 By mail, postmarked on I. FROM: Clerk of the Hoard of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: April 2 , 1986 PHIL BATCHELOR, Clerk, By Deputy Cat v Kn riles II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) - (X) This claim complies substantially with Sections 910 and 910.2. _ ( ) This claim FAILS to o®ply 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 minus for this date. Dated: WR 2 9 1986 PHIL BATCHELOR, Clerk, By �Qs� , 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 to claimant. D DATED: AR- 3 n 1986 PHIL BATC�MDR, Clerk, By J�5-T , Deputy Clerk \ cc: County Administrator (2) County Counsel (1) S FECEIVED CLAIM FOR DAMAGES APR PHIL BATCHELOR To: The Contra Costa County Council LER BOASDOFS ERVISORS TA G . Date: April 1, 1986 The undersigned hereby presents the following claim against the County of Contra Costa in accord with the provisions of Government Code Section 910.- 1 ) Name and Address of Claimant: Farmers Insurance Group, on behalf of its insured, Wentling Studio, Sun Valley Mall, Concord, California 2 ) Mailing address to which notices from the County are to be directed: Lynn f1. Cresalia, Law Offices of Schaefer, Walker , DeMartini & Maguire, 155 No. Redwood Drive, Suite 250, San Rafael, California 94903. 3 ) Date of Incident: 12/23/85 Time of Incident: approximately 7:20 p .rr:. Location of Incident : Sun Valley Mall, Concord, California 4) Description of the Incident or Accident including your reason for believing that the County is liable for your damages: An airplane crashed into the Sun Valley Mall as a result of the County' s failure to properly supervise and control flights and landings at Buchanan Air Field and for negligently permitting the air field and the Sun Valley Mall to operate in close proximity to each other, resulting in damages for injury to personal property owned by the claimant named herein. 5 ) Description of all damages which you believe that you have incurred as a result of the incident: Claimant' s damages include lost merchandise, repair and replacement of carpeting and display cases ; loss due to business interruption 6 ) The name or names of any County employees causing the damages that you are claiming : Claimant herein isnot presently aware of the particular name or names of County employees causing the damages herein claimed. 7) The dollar amount of all damages that you are claiming (please attach all estimates that are available) : Approximately M, 000.00- 8 ) If this is a claim for indemnity, on what date were you served with the underlying lawsuit? Not applicable nn Cresalia Apr 1, 198b n p �C County Counsel CLAIM APR 07 1986 BOARD OF SUPER SOBS OF CONTRACOSTA 2M. CALMMIA - MdFllneZ, CA 94553 BOARD ACTION Claim Against the County, or biatriet ) 1IOTICE TO CLAIMANT April 29, 1986 governed by the Board of Supervisors, ) The copy of-W-97-3 ument mailed to you le 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 wWarnings*. Claimant: Farmers Insurance Group, on behalf of its insured, Pacific Trail Attorney: Lynn M. Cr e s a 1 i a Schaefer, Walker, DeMartini & Maguire Address: 155 N. Redwood Dr. ,Ste. 250 San Rafael CA 94903 Hand delivered Amount: Approximately $25, 000. 00 By delivery to clerk on April 2 . 1986 Date Received: April 2, 1986 By mall. postmarked on I. FROM: Clerk of the Hoard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: An r i 1 2, '1936 PHIL BATCHELOR, Clerk, By Deputy Cathy Kn wles 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: ByiilDeputy County Counsel III. FROM: Clerk of the Board TO: (1) gunty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD SER 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 Hoard's Order entered in its minutes for date. (� Dated: APR 2 J 19�6� 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 to claina DATED: " JptU.1986 Pte, BATGHIIAR, Clerk, By �� Deputy Clerk cc: County Administrator (2) County Counsel (1) RECEIVED CLAIM FOR DAMAGES APR ^� .110486 To:' The Contra Costa County Council PHIL BATCHELOR LU BOAr'f1 F ERVISORS N i 6Y Date: April 1, 1986 ' The undersigned hereby presents the following claim against the County of Contra Costa in accord with the provisions of Government Code Section. 910. 1 ) Name and Address of Claimant: Farmers Insurance Group, on behalf of its insured, Pacific Trail, 1969 Diamond Boulevard, Sun Valley Mall , Concord, California 2) Mailing address to which notices from the County are to be directed: Lynn M. Cresalia, Law Offices of Schaefer, Walker , DeMartini & Maguire, 155 No. Redwood Drive, Suite 250, San Rafael, California. 94903. 3 ) Date of Incident: 12/23/85 Time of Incident: approximately 7 :20 p.m. Location of Incident: Sun Valley Mall , Concord, California 4) Description of the Incident or Accident including your reason for believing that the County is liable for your damages: An airplane crashed into the Sun Valley Mall as a result of the County 's failure to properly supervise and control flights and landings at Buchanan Air Field and for negligently permitting the air field and the Sun Valley Mall to operate in close proximity to each other, resulting in damages for injury to personal property owned by the claimant named herein. 5 ) Description of all damages which you believe that you have incurred as a result of the incident: Claimant' s damages include merchandise lost as a result of smoke and water danage ; loss from business interruption 6 ) The name or names of any County employees causing the damages that you are claiming: Claimant herein is not presently aware of the particular name or names of County employees causing the damages herein claimed. r� • 4; 7 ) The dollar amount of all darnaaes that you are claiming (please attach all estimates that are available) : Approximately $25, 000. 00. 8 ) If this is a claim for indemnity, on what date were you served with the underlying lawsuit? Not applicable Ly M. Cresalia �" Ap it 1, 1986 aAIM BOARD OF SUPERVISORS OF ONM COSTA COMM, CALIFORNIA BOARD ACTION Claim Against the County, or bistriet ) IiOTICE 70 CL&V4ANT April 29 , 1986^ governed by the Board of Supervisors, ) The copy o t s t mailed to you is your Routing Endorsements, and Board ) notice of the action taken an you:' 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 "WarninWiftv GQur�.:£ Claimant: 11r. and Mrs. Mohammed A. Kaify MAR 31 198b Attorney: peter Finck Byrnes , Triay & Reed Martinez, CA' baJ Address: 2030 Franklin St. , 5th floor Oakland, CA 94612 Hand delivered Amount: $1,000,000. 00 By delivery to clerk on March 28 , 1986 Date Received:March 28, 1986 By mall. postmarked on I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: 11;;.rcb 2S, i A n 6 PHIL BATCHELOR, Clerk, By Deputy Ca Knipwl 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 ccmply 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: ol 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 Boardvs Order entered in its minutes for this date. nn Dated: APR 1286 PHIL.BATChMOR 9 Clerk, Byl'.0.- , Deputy Clerk WARNW (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 oonnection 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 Boardfs 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 i, 01986 PHIL BATOMDR, Clerk, By� , Deputy Clerk ce: County Administrator (2) County Counsel (1) Jj,-aA" iv: rsueuw=, ;5 �uxa ur• UV141 AA cU#0*', rWW9Fappiiaation to' w,�• ions to ClaimantVerk of the Board Martinez Califomia94553 Art -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 Mr. and Mrs. Mohammed A. Kaify ) *RECE &D, Against the COUNTY OF CONTRA COSTA) MAR or DISTRICT) V O PH:L BATCHELOR (Fill 1n name ) CLER BOAR O SUPERVI ORS ONTR OSTA CO The undersigned claimant hereby makes claim again auri tra Costa or the above-named District in the sum of $1, 000,000 . 00 and in support of this claim represents as follows: ----------------------------------------------------------- ---- l. When did the damage or injury occur? (Give exact date and-hour---- December 23, 1985, at approximately 8: 36 p.m. �. Where did the damage or injury occur? (Include city and county) Sun Valley Shopping Center, Concord, Contra Costa County, California -T------Kid ------------------------------------ - ---P--------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) While attempting to land, a small aircraft crashed into Sun Valley Shopping Center, causing injuries and damages as set forth below. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Buchanan Field Airport personnel negligently directed, supervised and controlled said attempted landing so as to proximately cause said plane to crash into Sun Valley Shopping Center. (over) 5. What are the names of county or d t officers, servants or- employees causing the damage or injury? Buchanan Field Airport, Concord, Contra Costa County, California its owners, operators, management and personnel ------------------------:--------------------------- -------------------- 6. What damage or injuries do you claim resulted? laive full ,extent of injuries or damages claimed. Attach two estimates for auto damage) Mr. Kaify was trampled by many people following the crash, suf- fering injuries to his neck, ,head, face, shoulders, arms, back and legs. Mrs. Kaify was not only present, but also observed her husband being so trampled, � ikiifferedv� p],ggj,�al injuries and loss of consortium.----------------------------- 1.7-Row-was-the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) The full extent of injuries and damages cannot be computed at this time. The claim will be amended when said amount is ascertained. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Concord Physical Therapy Center, 2485 High School Ave. , Concord, California 94520 Mr. Diablo Hospital rsedical Center, Concord, CA 94520. Dr. R. Muton ------------------------------------------------------------------I------ 9. List the expenditures you made on account of this accident or injury. DATE ITEM AMOUNT Billings from the doctors, hospitals and physical therapists have not yet been submitted 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 Attorne <�� J., // J?" Peter Finck Y - 1 ,.f'�a ^�C'Jcrcar,c.,4-.S i Byrnes, Triay & Reed Claimant' s ature1611 Adelaide Street, #30 2030 Franklin Street, Fifth Floor Address Oakland, CA 94612 Concord, ' CA 94520 Telephone No. (415) 452-136.0 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. " I • CLAIM t BOARD OF SUPERVISORS OF CMU OOSTA COMM, CAI.IIiORNIA BOARD ACTION Claim Against the County, or District ) CE TO CLATKANT Ap r i 1 29, 1986 governed by the Board of Supervisors, ) The copy o s t lad to you is your Routing Endorsements, and Board ) notice of the action taken an yow Claim by the Action. All Section references are ) Board of Supervisors (Paragraph No below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all ffWarningsRopun Counsel Claimant: Rosemarie A. Bruno Attorney: MAR 31 1986 Address: 216 E1 Camino Dr. Martine6 CA 94553 Pittsburg, CA 94565 Hand delivered 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 70:1 County Counsel Attached is a copy of the above-noted claim. i Dated: March 28, 1986 PHIL BATCHELOR, Clerk, By LA Deputy ah, y Kntwles II. FROM: County Counsel TO: � Clerklof the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. i (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 claimantfs right to apply', for leave to present a late claim (Section 911.3). ( ) Other: i Dated: 2 By: (.c c�c Deputy County Counsel III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). i i I IV. BOARD ORDER By unanimous vote of Supervisors present ()() This claim is rejected in full. i I ( ) other: I certify that this is a true and correct copy of the Board's Order entered in its miutes for this date. Dated: PR 9 1986 PHIL BATCHELOR, Clerk, Byo-6-4- , .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 an this claim. See Goverment 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 70: (1) County Counsel, (2) County Administrator i Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to� present a late claim Was mailed to claimant. DATED: PHIL BATQO,OR, Clerk, By , Deputy Clerk oc: County Administrator (2) - County Counsel (1) i =AJJJ TO: BOARD OF SUPFRVIeMRS OF CONTRA CO§*�Xapptication to: Instructions to ClaimantC!erk of the Board Martinez,Catifomia 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 )Reservq for l r 's fil 'ng .stamps ) RECEIVED Against the COUNTY OF CONTRA COSTA) MARLI 1( 1986 or DISTRICT) PHIL enrc►,EtoR IERK B r�Ut S i ISOkb (Fill in name ) a cc RAcasT The undersigned claimant hereby makes claim again t the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ---------------------------------------------=--------------------- ---- 1. en did he damage or injury occur? (Give exact date and hour a c�t ys 2. Where did the damage or in3ury occur? (Include city and county) t 3: How did the damage or injury occur? (Give full details, use extra sheets if required) -- -- --- ----- ------- --- --- - ----------=- ---- --- --- -------- 4. What particular act or omission on the part of county or district �e� officers , servants or employees caused the injury or damage? (over) i 1: 1 , 1 - -- �- -04 - - . -- (90 LCL4 L- i - h . • I 1 GLUM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLAIMANT Ap r i 1 29 , 1986 governed by the Board of Supervisors, ) The copy of this 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��it,�tY COUf1Sg) Claimant: Darrell Jayne Wal decker ! Attorney: John Coker MAR 31 1986 Railroad Ave. Marnnez, CA 94553 Address: Pittsburg, CA 94505 Amount: Undetermined By delivery to clerk on Date Received: March 27 , 1986 By mail, postmarked on March 26 , 1986 I. FROM: Clerk of the Board of Supervisors TO: 1 County Counsel Attached is a copy of the above-noted claim. Dated: March 28 , 1986PHIL BATCHELOR, Clerk, ByD=:, ( Deputy II. FROM: County Counsel TO: ler of t e Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. 06 This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 115 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 , 797, 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 (k ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of 1the Board's Order entered in its minutes for this date. (� Dated; APR 2 g 1986 PHIL BATCHELOR, Clerk, By`%O�,'t ,�tr�� , Deputy Clerk WARNING (Gov. Code Section 1913) 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 shouldjdo so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator I 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 claimantls right to apply for leave to present a late claim was mailed to claimant. DATED: APR 10 1985 PHIL BATCHELOR, Clerk, By , Deputy Clerk ce: County Administrator (2) County Counsel (1) '0A BOARD OF SUPERVISORS OF GQNTRA Ctc s�tiQ �a ttcai:onto G!e .. - .. .. `: rk of the Boa rd Instructions to tlaimant O.BOX " Martinez,Caliiomia 94353 A. Claims relating to causes of action for- death or,:for Injury to _person :or, to personal property or growing must must be -presented not later than the- 100th day.,after ..the accrual .of _the •cause of ,, ection. Maims relating. to :any other cause of. Faction must presented not later than one year after the accrual of the cause t of action. (Sec. 911.2, Govt. Code) m { . 8. ..._ Claims-iaust be filed with the Clerk of the Board. of Supervisors :at :its, office .in ,Room 106, `,County Administration Building; tb51 Pine ; Stre- etic Martinez e ..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 sn. -_ '� -h, ,• ; ..; t - kis . D. 4 If :the claim is against more than one public, entity separate claims must be filed against each public entity. 1 72 = ,E. Fraud. See penalty for fraudulent claims, -,Penal- ,CodeySec. at end of this form. RE: laim by - }Reserved for Clerk's filing stamps RECEIVED Against . the COUNTY OF CONTRA COSTA) or 1l ' C ,f" '9 DISTRICT} PHIL BAzcNE-Lon LERK;.:+ARO OF oLr, VISORS .. (Fillin name } TRA TA Co By The undersigned claimant hereby makes claim Agains e C n of Contra. Costa .or the above-named District .in the sum of and in support of this claim represents as follows:. . I�i__i�bi__—_--i__------tel—i .M1 n 41r____i—__mow_—_---�______—_i___�IIM _Il.fir_ i_i�M ` Mi. :. .When did the d age or Injury occur? (Give exact date and haurT am ge orn3"vey occur tlnclude city and count 3.- Haw�did the damage oriin3ury-occu=? s�Giveu����etail`s�'us"e""extra-' sheets if r qui r ,-�- ,-- „ •,�r.1 /G .� r�. ...- O!r - Z- l t j ,r 4. .What particular act or `omissxofi on the part ofdcounty or dxstr�ct; REcE”" .officers, servants or em to�aees aused the ,i fury or Image?91 " z .�rcl 0 ell {over}. i BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or bistriet ) IWTICE TO CLUMANT April 29 , 1986^ governed by the Board of Supervisors, ) The copy of 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 Superbisors (Paragraph IV, below), to California Government Codes ) given pursuant� to Government Code Section 913 and 915.4. Please note all *Warnings". Claimant: Robert G. Spohr and Wendy L. Wood Attorney: Christopher J. Joy I MAR 311986 Russel & Joy Address: One Kaiser Plaza Ste. 2135 53 Oakland CA 94612 ,� �d���►cZ, Ca Amount: $400, 000. 00 By delivery to clerk on Date Received: March 27 , 1986 By mail, postmarked on March 26 , 1986 I. FROM: Clerk of the Board of Supervisors TO: ! County Counsel Attached is a copy of the above-noted claim. i Dated: March 23, 1986 PHIL BATCHELOR, Clerk, ByL \`,�Px Deputy CathyKno a es II. FROM: County Counsel TO: JClerk of the Board of Supervisors (Check only one) j This claim complies 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 applyifor leave to present a late claim (Section 911.3). ( ) Other: i 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). i IV. BOARD ORDER By unanimous'vote of Supervisors present i ( X) This claim is rejected in full. ( ) Other: I I I certify that this is a true and correct copy of the Board's Order entered in its mink" �or1 11 date. I Dated: y PHIL BATCHIIAR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months from the date of this notice was personally served or deposited in the mail tolfile 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. I 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. I ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: APR .901986 PHIL BATCHELOR, Clerk, By D,0 A, Deputy Clerk cc: County Administrator (2) - County Counsel (1) E-41V NtAR 11 1�-L; PHIL BATCHELOR E K 00 D OF SUPE VISORS CON COSTA Depuc March 26, 1986 TO: ' County of Contra Costa Clerk of Board of Supervisors 651 Pine Street 14artinez, California Robert G. S ohr and Y Wend L J Wood hereby make claim P Y against the County of Contra. Costa for the sum of $400 ,000. 00 and make the following statements in support of the claim: 1 . Claimants ' post- office address is 17 La Encinal , Orinda, California 94563. 2. Notice concerning the claim should be sent to Christopher J. Joy, Russell & Joy, Suite 2135 , One Kaiser Plaza, Oakland, California 94612. 3. The date and place of the occurrence giving rise to this claim are February 17 , 1986 , between the public street El Toyonal and the private street La Encinal , situated in Orinda, California. 4. The circumstances giving rise to this claim are as follows : At about 10:00 p.m. on Monday, February 17 , 1986, the public street known as El Toyonal suffered a landslide which slide has deposited vast quantities of dirt , rocks , mud, trees and otherslide debris on , claimants ' property at 17 La Encinal in Orinda. Such slideloccurred as a result of a dangerous condition of public property on E1 Toyonal and constitute a private nuisance of a continuing and permanent nature. 5 . Claimants ' injuries include: A. Destruction of the backs and side yards of claimants ' property and imperilment of claimants ' residence thereon; B. Dimunition in fair market value of claimants ' real property even if repairs are made to remove slide debris and eliminate danger to structures ; CLAIM r AP � BOARD OF SUPERVISORS OF OWMA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLAIMANT April 29, 1989 governed by the Board of Supervisors, ) The copy of this anent 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 "WarninC00IY Counsel Claimant: Mary L. Robinson MAR 31 1986 Attorney: Martinez, CA 94553 Address: 74 N. Broadway Ave. Apt. D Pittsburg, CA 94565 Hand delivered Amount: Unspecified By delivery to clerk on March 27, 1986 Date Received: March 27, 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 28 , 1986 PHIL BATCHELOR, Clerk, By Deputy Cathy KAowlp.,g II. FROM: County Counsel 70: Clerk of the Board of Supervisors (X (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: 2 By: puty 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 thi date. Dated: APR 9 198 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 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: A PH 3 0 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) - County Counsel (1) C. Mental and emotional distress suffered by claimants ; or. in the alte'native; D. Inverse condemnation of claimants ' property resulting in a total taking thereof by a public entity. 6. The names of the public employees causing the claimants ' injuries are unknown at this time. 7 . They amount claimed as of the date of this claim is $400 , 000. 00. 8. The basis of compilation of the above amount is as follows : A. Removal of slide debris and restoration of back and side yard: $100 ,000.00 B. Dimunition in Fair Market Value after (A) above completed: $150 ,000. 00 C. Mental and Emotional Distress Suffered by Claimants : $150 , 000 . 00 Total $400 , 000 . 00 In the Alternative: i D. Fair Market Value of Property Taken by Inverse Condemnation: $400 , 000. 00 Dated: RUSSELL & JOY By ChristopheJ. o Attorney for Claimants Robert G.G. and Wendy Wood j i BOARD OF MMVISORS OF CONTRA COSTA OOUNTY, CALIP IIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIM April 29, 1986 governed by the Board of Supervisors, ) The copy � ed 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 Ito Government Code Section 913 and 915.4. Please note all "WarniIy Counsel Claimant: Mary L. Robinson MAR 31 1986 Attorney: Martinez, CA 94553 Address: 74 N. Broadway Ave. Apt. D Pittsburg, CA 94565 Hand delivered 'Amount: Unspecified By delivery to clerk on March 27, 1986 Date Received: March 27, 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 28 , 1986 PHIL BATCHELOR, Clerk, By DDeputy -=t KAowles II. FROM: County Counsel 70: Clerk of the Board of Supervisors (X (Check only one) ) This claim complies substantially with Sections 910 and 910.2. 1 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: I I Dated: �3By: 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). 1 IV. BOARD ORDER By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I I certify that this is a true and correct copy ofIthe Board's Order entered in its minutes for thi date. Dated: APR 9 1981 PHIL BATCHMOR, Clerk, By , Deputy Clerk VARNING (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 Hoard Mo. (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 clait. ``11 DATED: 3 0 1986 PHIL BATCHII.OR, Clerk, By t �o , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY J Instructions to 'Claimant A 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 As 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 ) C � r E 1-k A T Against the COUNTY OF CONTRA COSTA) or DISTRICT) (Fill in name) ) PHILBATCHELOa LAn .JA"DT _J aRV"OAS The undersigned claimant hereby makes claim againsLida ra 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) J7 -------------------------------------------.(---------------------------- 2. Where did the damage or injury occur?. Include city and county) 79 N, J!�'OcC, 09SwAi4jp-f .p c� , 3. How did the damage or injury occur? (Give full details, use extra sheets if required) C'on•i yv) Lc Aji-fy SE�62U/ c Es , Z1937�y ,uro. ��� o �c� �EAGL� Wei LE O�IE N WE6ZE i NS��t�'} i'� S R��. L% ( q 6Z��) Nn�K Crao2 d S MA sl, �� �`'-T� M y (j'-6Ak'C� /C�9 '� 3 L rav stA, WA�. O' A M -- ---- --0—'---- -------------------------------------------------------- 4 .--What—particular— actor omission on the part of county or district officers , servants or employees caused he injury .or damage? (over) a • IrIPL�,E��s COMPLETE BODY & FRAME REPAIR rt } 8 1700 NORTH PARKSIDE DRIVE PITTSBURG, CA.94505 • (415) 427.0893 VOID AFTER 30 DAYS :, TOkyw, NAME ADDRESSt (/. DAT H� P tJ Busin hone y— ' MAKE O�F_CCAR YEAR TYPE LICENSE NO. BODY STYLE PAINT NO TRAM NO` J.7 F� INSURED BY ADJUSTER PROD. DATE MILEAGE I.D. NO REPAIR REPLACE ESTIMATE OF REPAIR COST I LABOR .PARTS .SUBLET HOURS . '9 S CUSP ZU i , i , 1 rwY .. 1 ..� . I : TAL REMARKS: :• `Z8 �I HRS. OF LABOR @$ 3g PER HR-:S ;-. PARTS $ INSURANCE DEDUCTIBLE " PAINT MATERIALS$ 3 ;:. _ p �� SUBLET $ - This estimate is based on our inspection and does not cover additional parts or SALES TAX $ labor which may be required after the work has been started. After the work has started, worn or damaged parts which are not evident on first inspection may be discovered. Naturally, this estimate cannot cover such contingencies. Parts ESTIMATE TOTALS prices subiect to change without notice. This estimate is for immediate acceptance. ADVANCE UiARGES S THIS WORK AUTHORIZED BY: -GRAND TOTAL:$ JEST 'HERNANDEZ BODY SHOP _ ST OF AIRS !!!J, AKES A _; ND MODELS MflVIATE , REP k y. � 107 BLISS AVENUE PITTSBURG CALIFORNIA 94565 PHONE 432 3000 Name--..-L c� I I"'S cl�r� — — t 3 Address .�L�� Phe4r a . Make' , .3 o fL Model _ 1 -Si47`. 'cT.r. License S{ +a - rEa?- A«+x, t ; • i Sepal No. Mileage jaar Insured By Estimator ~I Date a Symbol "`FRONT '; ,.;,Labe►Mn. Pam. Symbol LEFT Labor Nn: Parrs Symbol RIGNT," ,Lbor Nrs'` ;►arta' Bumper Fender Fender, Bumper,Rail Fender fz. ;;Fender`Ex Bumper Bracket Fender.Shield �. .J fender Shield „•,.,•z, i gender Mldg `Fender Mldg. p' .."`Bumper Guard - :: .:Heed•emp Headlamp Fn. System -Headlamp,'Door `Headlamp Door ` "Sealed .Beam _..I ,.Sealed_Beam y.,,+•r . ' Cross.Member Cowi a Cowl ) Door-Post or Post A , Wheel i• Door, Front , :`:Door,'Front Cap Doo Lock -`Door lock N ,Hub and Drum'. _.- Door Hinge : Door°Hinge ; . ._ Knuckle Door Glass, Clear Tim { Door Glass, Clear':Tint r. ' Knuckle Sup. Vent Glass, Clear Tint j Vent lass,' ear"Tin% t x r � ,., 'Upper_Cont. Arm•Shaft Door Mld s. Door MIdg. lower Cont...Arm-Shaft Door Handle Door.Handle .1 t } y N• Shock• Center Post { Center Post - rh. 'Windshield Glass-Tint Door, Rear Doo R rr,%•.`Back-Glass Door Glass, Clear Tint . _ { Door'Glass, Clear'Tent Door Mid 'Door Mld . _ 'y Tie`Rod Rocker Panel { Rocker Panel ' a r' ' teen '..Gear `Rocker Mld �. Rocker Mida. Stearin Wheel Sill Plate g Sill Plate Horn:Ring I Floor. I Floor 7 :ir3"�..,. . Gravel.Shield Dog Le ± Do Le M =Parking-Light guar. Inner. Quar: Inner s... { , r - )' Quar. Panel {: Quar: Panel Grille 5�6 Qudr. Mldg 'Quar�'Mldg a <' ,w rr i ' [ a - Quer. Glass, Clear Tint - Quar. Glass, Clear Jin " _t3 0.1:1 1 Quar., Rear Ex { Quar., Rear Ex e Quar. Mldg. { Quar. Mldg sr .... :.• Quar. Pad I :Quar. Pad REAR _ 1r Mitror :b11SC. EAR Horn Bumper. " " {• Instrument Panel Baffle, Side Bumpei Reil _. { Front Seat Cross Bar, Lower -�_:Bumper.Bracket '= Front Seat Ad " -Cross Bar,'iUpper Bumper Guard { -Trim Lock,Plate,-Lower Gravel Shield, Headlinin s - Plete;..Upper lower Panel Top Hood'To I _ %'Floor r132 W _6W "Mood Hinge :Trunk lid `:' ,.' { Tube ", ,` . .... Hood Mldg'.•,.- `,>: Trunk'Lock I Better ` :Mood letter ;; Trunk Handle Point i 1 - Tail LightAir CondensorUndercoat .: ir4 t Radiator Sup. Tail Pipe - Muffler : Polish k 2 Radiaior'Core + Gas Tank + _ „9 { I LsSUM � x* J Radio Antenna 'Frame r Radiator Shout License li ht r, H s ` ` Fan Blaile :. Hub and Drum I Parti':' _ s "Fan'Belt -Back-Up Light _ Wader Pump "'Wheel Shield ; Taz — Motor :Axle Trans larks a S'nn / x Sublet _ TOTAL'$ ... 4'.rfW,'iW£,.�et.:. .'�F'K' ;It*':,.,�.y'>w-.`e`+V:-`�.". W+.":':*hti�'P".'-�u Se,'•u0.-".i,fi+°4. -w;fu y+2 w'..'�'.. .v ie.Y`^�WM-e"n:.'e'Yft,- ..?W:-etlke:t. >W'ze.iA,�s�3$n.•4?':.'=Y'^. n4fvY,iw-:w'iM�....,..T T3'y.P`:'.'a'nT..$=CC.FS.I.??i • - am CONTRA COSTA COUNTY Mary Robinson IDA E r 3/18/86 FROM Administrator's SUBJECT Claim Form Of fice Enclosed is a form for your convenience " in filing a claim for automobile damage. Please return �phe claim and two repair estimates to the office of the Clerk of - the Board of Supervisors for processing. SIGNED PLEASE REPLY H TO DATE ...ti:'�i SIGNED INSTRUCTIONS-FILL IN TOP PORTION,REMOVE DUPLICATE(YELLOW!AND FORWARD REMAINING PARTS WITH CARBONS, TO REPLY, ,FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE.PINK,AND RETURN ORIGINAL 'FoeMir103 Qs I CLAD4 BOARD OF SUPERVISORS Or OMM MSTA OOUN' S GILL 1l BOARD ACTION Claim Against the County, or District ) NMCE TO Q.AD'lAIi1'1' April 29 , 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 on your Claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Govw meat Code Section 913 and 915.4. Please note all SWarnings". Claimant: Jackeline Fontaine COUnty COUnsel Attorney: Barbara L. Lanier MAR 3 11986 1566 Oak View Avenue Address: Kensington, CA 94706 Martinez, CA 94553 Hand delivered Amount: Unspecified By delivery to clerk on March 28, 1986 Date Received: March 28, 1986 By mail, postlmarked on I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. n _ . Dated: PHIL BATCRUDR, Clerk, By Deputy C a7thv Kn w es II. FROM: County Counsel 70:I Clerk o the Board of Supervisors (Check only one) (X) This claim complies substantially With Sections 910 and 910.2. ( ) This claim FAILS to amply substantially With Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: I , I 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). I IV. BOARD ORDER By unanimous vote of Supervisors present (x ) This claim is rejected in full. ( ) Other: 1 I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: APR g i9$6 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 t6 file a court action on this . claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choioe in connection with this matter. If you want to consult an attorney, you should1do so immediately. V. F M: 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. DATEN PHIL BATCHELOR, Clerk, By , Deputy Clerk ce: County Administrator (2) - County Counsel (1) 1 1 BARBARA L. LANIER RECEIVED Attorney at Law 2 1566 Oak View Avenue MARY 1386 Kensington, California 94706 3 PHIL BATCHELOR ERK 6AO SUPrRV S COCOSTA o 4 Attorney for Claimant B JACKELINE FONTAINE 5 - 6 7 8 NOTICE OF CLAIM AdAINST 9 COUNTY OF CONTRA CIOSTA 10 Pursuant to Section 900 et seq of the California Government 11 Code, Notice is hereby given of the existence of a legal claim 12 against that public entity commonly known as COUNTY 13 OF CONTRA COSTA 14 1 . Name and Address of Claimant : JACKELINE FONTAINE, 15 3011 Glynis Drive, Richmond, California. 16 2. Direct all correspondence to Barbara L. Lanier, 17 Attorney at Law, 1566 Oak View Avenue, Kensington, California 18 94706, telephone: 415-527-7070. 19 3. Date, location, and circumstances of occurrence: 20 On December 23, 1985, at Sun Valley Shopping Center Mall, subsequent to a plane crashing into Macy' s Departmnet Store while 21 claimant was customer therein. 22 4. Nature of occurrence giving rise to claim: 23 Claimant is informed and believes that COUNTY OF CONTRA COSTA 24 approved and consented to the placing and operating of Sun Valley 25 Shopping Center Mall in the area of a busy airport area in the V 26 vicinityof Buchanan Field Airport, thereby exposing the members of 27 the public, to which group claimant belongs , to undo risk of harm 28 from potential aircraft collisions. As a result thereof , an I aircraft did collide into Macy 's Department Store on December 23, - 2 1985, causing injury to claimant. 3. 5. Nature and extent of injuries : Injury to the body and 4 shock and injury to the nervous systemiand person of Claimant, 5 the full extent of Claimant ' s injuriesibeing as yet unknown, G but including although not limited to: i Injuries to claimant ' s 7 left side, particularly to her left arm, hip, and thigh, and to 8 her mid to low back. g 10 6. Public employees responsible for injury: i 11 Those public employees who approved and consented to the 12 location and building of Sun Valley Shopping Center Mall in its present location, specific names as yelt unknown. 13 7 . Amount of claim and basis for computation thereof: 14 Claimant has incurred certain medical and dental expenses 15 for treatment to date , the exact amount which has not yet been 16 fully ascertained . Claimant has also suffered general damages 17 due to pain and suffering, and will coIntinue to suffer general I 18 damages in an amount as yet not fully iIAscertained. 20 DATED: i 21 BARBARA L. LANIER Attorney; at Law: 22 23 ' 24 25 I 26 27 I 28 i 1 PROOF OF PERSONAL SERVICE 2 I declare that : 3 I am employed in the County of Contra ,Costa, California. I am 4 over the age of eighteen years and not a party to the within 5 cause . 14y business address is 1566 Oak View Avenue, Kensington ; G California 7 On March 28, 1986 I served the within NOTICES OF 8 CLAIM AGAINST COUNTY OF CONTRA COSTA re JACKELINE FONTAINE, 9 JOANNE FONTAINE, and HOWARD FONTAINE 10 on the COUNTY OF CONTRA COSTA 11 in the said cause , by personally delivlerin; the same to: 12 BOARD OF SUPERVISORS Clerk' s Office 13 COUNTY OF CONTRA COSTA 651 Pine Street Room 1106 14 Martinez, CA 9 +553 r 16 17 18 10 I declare under penalty of perjury that the foregoing is .true 20 and correct , and that this declaration was executed on 21 March 28 , 1986 at Kensington; California I 22 __ { 23 BARBARA L. LANIER Type or print na-m—eT Signatur 24 25 26 27 i 28 CLAIM ' BOARD OF SUMVISOiRS OF CNM COSTA COUNTY, CALIFMM BARD ACTION Claim Against the County, or bistrict ) WMCE TO CLAIMAW Anril' 29 , 1986 governed by the Board of Supervisors, ) The copy Of s ument i071 ed 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 Claimant: Mr, and Mrs . Jamash, and their�5on� please note all wiiarnings~.County Coutm"d Haroon Jamash, a minor MAR 31 1986 Attorney: Peter Finck Byrnes , Triay & Reed CA 9 45c Address: 2030 Franklin St. , 5th floor Martinez, Oakland, CA 94612 Hand delivered Amount: $1, 000, 000. 00 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 TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 28, 19 8 6 PHIL BATCHELOR,, Clerk, By Deputy II. FROM: County Counsel TO:I Clerk o 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: I Dated: By: Lc Deputy County Counsel III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) Other: l i I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. ((�� Dated; 8ER 1986 PHIL BATChMOR, Clerk, ByL;A. , Deputy Clerk WARNIM (Gov. Code Seetionl913) SubJeet 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. 1 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 eopies, of the above claim. We notified the claimant of the Boardis 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 Q R PHIL, BATC[MDR, Clerk, By ` Deputy Clerk_ cc: County Administrator (2) County Counsel (1) SCM TO: BOARD OF SUPERVISORS OF CONTRA CO§9,L5rrf;% F6pplication to: nst:*uctions 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. j 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 Mr. and Mrs. Jamash, and their son ) Haroon Jamash, a minor ) RECEI EIS ) Against the COUNTY OF CONTRA COSTA) 1-4 AR.2 tj`� or DISTRICT) BA OS PHIL BATCHELOR Fill In name ) 6CLiKOFSUPERVISORS yCOSTA C� DeputyThe undersigned claimant hereby makes claim againstn y or Contra Costa or the above-named District in the sum of $ 1,000,000.00 and in support of this claim represents as follows: ---------------------------------------------I-------------------------- l. When did the damage or injury occur? (Give exact date and hour) December 23, 1985, at approximately 8:36 p.m. ----T---- ------------T-------------- -------------------------- damage ------------------------- damage or injury occur? (Iiclude city and county) Sun Valley Shopping Center, Concord, Contra Costa County, California —_------------------------------------------------ -------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) While attempting to land, a small aircraft crashed into Sun Valley Shopping Center, causing injuries and damages as set forth below. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? .Buchanan Field Airport personnel negligently directed, supervised and controlled said attempted landing so as to proximately cause said plane to crash into Sun Valley Shopping Center. (over) C /I BOARD OF SUPERVISORS OF3COSTA MUM CItL BOARD ACTION Claim Against the County, or District ) NOTICE lb CL41KI !' AAA r i 1 29 , 1986 governed by the Board of Supervisors, ) The copy o a t is -to you is your Routing Endorsements, and Board ) notice of the' action taken on your claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarning ". Claimant: Howard Fontaine ounty COunsef Attorney: Barbara L. Lanier MAR 31 1986 1566 Oak View Avenue Address: Kensington, CA 94706 Martinez, CA 94553 Uns ecified Hand delivered Amount. P By delivery to clerk ,on March 28 , 1986 Date Received: March 28, 1986 By mail, postmarked on _ I I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: March 28 , 1986 PHIL BATCHELOR, Clerk, ByN Deputy at now es II. FROM: County Counsel 70:+ Clerk of the Board of Supervisors (Cheek only one) 00 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for i5 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed date and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: I 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). I IV. BOARD ORDER By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I I I certify that this is a true and correct copy of the Board's Order entered in its minute for this date. Dated: APR 1986 PHIL BATCHELOR, Clerk, By ,Deputy Clerk WAWM (Gov. Code Section{913) Subject to certain exceptions, you have only six (6) months flram 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. FIM: 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 yarning of claimant's right to apply for leave to present a late claim Was mailed to claimant. DATED: R.1 n 1986 PRIL BATa04R, Clerk, By , Deputy Clerk ce: County Administrator (2) County Counsel (1) 1 BARBARA L. LANIER Attorney at Law 2 1566 Oak View Avenue RECEIVED Kensington, California 94706 3 MAR Af 1986 4 Attorney for Claimant 1:$SPM- HOWARD FONTA IN E PfN1 dAof sup R if RK 60 Us SUPER � ri coy+a COSI,,c . 6 7 8 NOTICE OF CLAIM AGAINST 9 COUNTY OF CONTRA COSTA 10 Pursuant to Section 900 et seq of the California Government I1 Code, Notice is hereby given of the existence of a legal claim 12 against that public entity commonly known as COUNTY OF 13 _CONTRA COSTA 14 1 . Name and Address of Claimant : Howard Fontaine 15 3011 Glynis Drive, Richmond, California 94804. 1(i 2. Direct all correspondence to : Barbara L. Lanier , 17 Attorney at Law, 1566 Onk View Avenuel, Kensington , California 18 947U6, telephone : 415-527-7070. 19 3. Date, location, and circumstances of occurrence : 20 On December 23, 1985, at Sun Valley ShopPing. Center Mall , subsequent to a plane crashing into Macy' s Departmnet Store while 21 claimant was customer therein . 22 4 . Nature of occurrence giving rise to claim: 23 Claimant is informed and believes that CONTRA COSTA COUNTY 24 approved and consented to( the Enlacing and operating of Sun Valley 25 Shopping Center Mali in the area of a busy airport area in the 26 vicinityof Buchanan Field Airport , thereby exposing the members .of 27 the public, to which grvuE) claimant belongs , to undo risk of harm 28 from potential aircraft collisions .. tis a result thereof , an I . I aircraft did collide into Macy' s Department Store on December 23, 2 1985, causing injury to claimant. 3 5 . Nature and extent of injuries : Injury to the body and 4 shock and injury to the nervous system and person of Claimant , 5 the -full extent of Claimant ' s injuries being as yet unknown, 6 but including although not limited to: Injuries to claimant ' s 7 left small finger, left knee, and mid-back. 8 9 10 6. Public employees responsible for injury: 11 Those public employees who approved and consented to the 12 location and building of Sun Valley Shopping Center Mall iii its present location, specific names as yet unknown. 13 7. Amount of claim and basis for computation thereof: 14 Claimant has incurred certain medical and dental expenses 15 for treatment to date , the exact amount which has not yet been 16 fully ascertained . Claimant has also suffered general damages 17 due to pain and suffering, and will continue to suffer general I 18 damages in an amount as yet not fully ascertained. 19 20 DATED: 21 BARBARA L. LANIER Attorney at La w. 2`l 23 24 25 26 27 28 1 PROOF OF PERSONAL SERVICE 2. I declare that : 3 I am employed in the County of Contra Costa, California. I am 4 over the age of eighteen years and not a party to the within 5 cause . lly business address is 1566 Oak View Avenue , Kensington 6 California 7 On March 28 , 1986 I served the within NOTICES OF 8 CLAIM AGAINST COUNTY OF CONTRA COSTA re JACKELINE FONTAINE, 9 JOANNE FONTAINE, and HOWARD FONTAINE 10 on the COUNTY OF CONTRA COSTA 11 in the said cause , by personally delierinb the same to: 12 BOARD OF SUPERVISORS Clerk' s Office 13 COUNTY OF CONTRA COSTA 651 Pine Street Room 106 14 Martinez , CA 9+553 15 16 17 18 19 I declare under penalty of perjury that the foregoing is true 20 and correct , and that this declaration was executed on 21 March 28 , 1986 at Kensington, California 22 23 BARBARA L. LANIER Type or print name Signature 24 25 26 27 28 A CLUN BOARD OF SUPERVISORS OF CONTRA COSTA COUNIT, CALIFORNIA BOARD ACTION Claim Against the County, or District ) ICE gp CLAVOU April 29, 1986 governed by the Board of Supervisors,) The copy o ed 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 Ito Government Code Section 913 and 915.4. Please note all w" " Claimant: flora Taylor t�1 Counsel Attorney: Robert W. Lazzarini MAR 31 1986 Lazzarini & Frazier martlneZ, CA 94553 Address: 49 Quail Ct. , Ste. 212 Hand delivered Walnut Creek, CA 94596 Amount. $250, 000. 00 By delivery to clerk on March 27 1986 Date Received: March 27, 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: Mar ch 28 , 1986 PHIL BATCHELOR, Clerk, By y Cat K tyles II. FROM: County Counsel TO: I Cler 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 1i 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: oI I Dated: 5 , 7TST By. Deputy County Counsel III. FROM: Clerk of the Board T0: (1) ounty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). - I IV. BOARD ORDER By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) Other: I I I certify that this is a true and correct copy ofithe Board's Order entered in its minut for 1YM date. Dated: A 2 Ott PHIL BATCHELOR, Clerk, Bya ,o , Deputy Clerk 0"2w-,L 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 should1do 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 nt DATED: 4 0 1 986 PHIL BATCHELOR, Clerk, By ��IL , Deputy Clerk �: County Administrator (2) County Counsel (1) CLA11." T0: BOARD OF SUPERVISORS OF CONTRA CO ;, TC 'applicationto: Instructions to iClaimantC'erkofthe Board Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property orgrowing 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 caiuse 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 C1 rk' filing stamps NORA TAYLOR RECEIVPD i C Against the COUNTY OF CONTRA COSTA) :RE 2 7 1986 or DISTRICT) BATCHELOR OF SUPERVISORS (Fill in name ) Tz COSTA The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 250, 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 8 : 30 p.m. -----------T----th - -...-- .,}.------------------------------------------- 2. Where did e-d-ama-. ge or--injury occur? (Include city and county) THE SUN VALLEY SHOPPING CENTER, CONCORD, CALIFORNIA T- -------------------------I------ --- 3 . How did the damage or injury occur? ( i' ve full details , use extra sheets if required) Please see the attached sheet which is incorporated by reference �_l 4 . h'hat particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? (over) employees causing the damage or injury? 6 . P,hat damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Ms. Taylor was injured in a fall brought about by the plane crash and subsequent events._ The exact nature� of her injuries are unknown to claimant at this time. please see the attached sheet which is in.cDrporated --- 7 . How was tt e amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Claimant has inc'tkred; significant hospital, doctor, and counseling bills. The exact amount of these bills and the amount necessary for future treatments is unknown to claimant at this time. 8 . Names and addresses of witnesses, doctors and d hspl` Kaiser Hospital The exact number and names of doctors and witnesses Walnut Creek, CA are unknown to claimant at this time. ------------------------------------------- ----------------------------- 9 . List the expenditures you made o-n account of this accident or injury: DATE ITEM AMOUNT This information is being ascertained at this time. 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 ROBERT W. LAZZARINI I Claimant' s Signature LAZZARINI & 'FRAZIER X611 Adelaide Street, 435 A Professional Corporation Address 49 Quail Court, Suite 212 Concords CA 94520 Walnut Creek, CA 3,4596 Telephone No. (4.15) 934-5000 Telephone No. (4-15) 934-5000 NOTICE Section 72 of the Penal Code provides: "Every person c,-ho , with intent .to defraud, .presents for -allowance or :for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " i CLAIM OF NORA TAYLOR I SUPPLEMENTAL SHEET On -December 23, 1985, at approximatiely 8: 30 p.m. , an aircraft piloted by JAMES MOUNTAIN GRAHAMicrashed into the roof of the Sun Valley Shopping Center , Concord, California. This crash occurred as a proximate . resultl of Contra Costa County' s negligence and carelessness in allowing the shopping center to be built in an area which was unreasonably dangerous due to the then existing and expected future flight activity at Buchanan Field. Contra Costa County failed to require appropriate aircraft warning, safety, flre-fighting equipment and medical treatment .facilities within the Sun Valley Shopping Center . It was foreseeable that a plane would crash into the shopping center causing oil andlfuel fires . Further , the Contra Costa County failed to adequately supervise flight operations and safety procedures at Buchanan Field at the time of the accident. Additionally, Contra Costa County did all of the above I acts and omissions in conscious disregard for the safety of plaintiff and others similarly situated. ) As a result of the injuries claimant received from the above plane crash, Ms . Taylor claims as damages Two Hundred Fifty Thousand and No/100 ($250,000.00 ) Dollars for medical expenses , lost wages, pain and suffering, loss of future earnings , severe emotional distress relating to her witnessing I the plane crash and the subsequent events, and for punitive I damages. jCLAM .-Ve BOARD OF sOPERyIsoRs OF oolm cosrA cotnJ'17r, cAI.IPORNIA t BOARD ACTION Maim Against the County, or bistri ct ) NOTICE TO CLAIM Ap r i 1 29 , 1986 governed by the Board of Supervisors, ) The copy of_t_HF9__d665men_t _9r1ed 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, belor), to California Government Codes ? given pursuant to Government 'Code Section 913 and 915.4. Please note all "Warnings". Claimant: Johnathan L. Crouch Count ! Counsel Attorney: Robert W. Lazzarini MAR 31 1986 Lazzarini & Frazier Address: 49 Quail Ct. , Ste. 212 Walnut Creek, CA 94596 hand delivered Martinez, CP. 94553 Amount: $4, 000,000. 00 By delivery to clerk on March 2-7 . 1986 Date Received: March 27, 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 28, 19 8 6 PHIL BATCHELOR, Clerk, By Deputy a ow 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 920 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: I . I Dated: By: l Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to elailmant (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present (x) This claim is rejected in full. ( ) Other: I I I certify that this is a true and correct copy of Ithe Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By � , Deputy Clerk WARNING (Gov. Code Section ,913) . Subject to certain exceptions, you have only six (6)-months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should1do so immediately. V. FROM: Clerk of the Board Tic: (1) County Counsel, (2) County Administrator f 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 cAKK 61986 DATED: PHIL BATCHELOR, Clerk, ByL�TI , Deputy Clerk l cc: County Administrator (2) County Counsel (1) `y Instructions to lClaimantC•e;kotthe 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 penaltyfor fraudulent clails , .Penal Code Sec. 72 at end oT this form RE: Claim by ) Reserved for Clerk' s filing stamps JONATHAN L. CROUCH ) ) REC;n4 Against the COUNTY OF CONTRA COSTA) 4 MAR 2 7 1966 or DISTRICT) OKI BATCHF!OP (Fill in name ) a ao.,:.'or sur, avi ORS T ✓ti"Z COSTA CO/ Deputy The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum 1 of . $ 4 ,000 , 000 .00 and in support of this claim represents as follow-s : --.- -------------------------------------------- occur? ollows :-------------------------------------------- occur? (Give exact date and hour) December 23 , 1985, at 8 :30 p.m. 2. h'here did the dam-------------- ge or injury occur?- (Include city and county) - The Sun Valley Shopping Center, Concord, California. 3. How did the damage or injury occur? '(Give full details, use extra sheets if required) Please see the attached sheet incorporated by reference. 4 . h'hat particular act or-omission-on the part of county or district officers , servants or employees caused the injury or damage? Please see the attached sheet incorporated b reference . P Y � I (over) employees causing the damage or injury? J------------------------------------------------- (Give------e ---- 176 . •.hat damage or injuries do you claim resulted? (Give full tent of injuries or damages claimed. Attach two estimates for auto damage) Mr. Crouch was extensively burned as a result of the airplane crash. The exact nature and extent of his injuries are unknown to Claimant at this time. Please see the attached sheet which is incorporated by referQr3q_q-------------------------- --------- - --- - --- - -- --- - --- 7 . How .%,as the amount claimed above computed? (Include the-estimated amount of any prospective injury or damage. ) Claimant has incurred: substantial hospital, doctor, and physical therapy bills. The exact amount of these bills and the amount necessary for future treatments is unknown to claimant at this time. 8 . Names and-addresses of witnesses , doctors and hospitals. Alta Bates Burn Center The exact number and names of Doctors and Alta Bates Hospital Witnesses are unknown to Claimant at this time. Berkeley, California Kaiser Hospital Martinez, California - - - -- - - - - ---------------------------- .9-.--L-is-t-th-e--expen----d-it-ures----you----ma-d-e--on---acco----unt of this accident or injury DATE ITEM AMOUNT This information is being ascertained at this time. 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 ROBERT W. LAZZARINI Maiman s Signature LAZZARINI & FRAZIER ��,Io George Crouch., 4018 Lillian Dr, A Professional Corporation Address 49 Quail Court, Suite 212 Concord, California 94521 Walnut Creek, CA 94596 Telephone No. (415) 934-5000 Telephone No. 682-8841 NOTICE Section 72 of the Penal Code provides: "Every person vho, with intent to defraud, .presents for -allowance or :for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account , voucher, or writing , is guilty of a felony. " 1 CLAIM OF NOW 1WCW=-*R SUPPLEMENTAL SHEET On December 23, 1985, at approximately 8: 30 p.m. , an aircraft piloted by JAMES MOUNTAIN GRAHAM crashed into the roof of the Sun Valley Shopping Center, Concord, California. This crash occurred as a proximate resulof Contra Costa County' s negligence and carelessness in It llowin the shopping Y � 9 PP g center to be built in an area which was I unreasonably dangerous due to the then existing and expected future flight activity at Buchanan Field. Contra Costa County failed to require appropriate aircraft warning , safety, fire-fighting equipment and medical treatment facilities within the Sun Valley Shopping Center. It was foreseeable that a plane would crash into the shopping center causing oil andlfuel fires . Further , the Contra Costa County failed to adequately supervise flight operations and safety procedures at Buchanan Field at the time of the accident. Additionally, Contra Costa County Idid all of the above acts and omissions in conscious disregard for the safety of plaintiff and others similarly situated. I As a result of the injuries claimant received from the above plane crash, Mr . Crouch claims asIdamages Four Million and No/100 ($4,000,000.00 ) Dollars for Iedical expenses, lost wages, pain and suffering , loss of future earnings, severe emotional distress relatingto his witnessing the lane crash 9 P and its aftermath, emotional distress for claimant' s witnessing the injuring and burning of lis fiancee' s daughters, and for punitive damages . CLAIM BOARD OF SUMVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Claim Against the County, or bistri ct ) NOTICE TO CLAIMANT April 29 , 1986 governed by the Hoard of Supervisors, ) The copy 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: Larry J. Schultz, parent/guardian ad Liters of County Counsel, Jula Schultz Attorney: Gary P. Vannelli MAR 3 1 1986 Dobbs, Berger, Molinari, Casalnuovo, .Address: Vannelli & Nadel Martinez, CA 94553 One Maritime P1azoL, Ste. 2500 Amount: . San Francisco, CA 94111 By delivery to clerk on $100, 000. 00 Date Received: March 27, 1986 By mail, post rked on rh� 2 h 19, 6 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: March 28 , 1986PHIL BATCHELOR, Clerk, By L Deputy Cath K owles II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) M 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 .l5 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: I . I Dated: S By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claims nt (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors p:^eseit (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 m'ORY61995s date. Dated: PHIL BATCHELOR, Clerk, By`.O�- , 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 do present a late claim was mailed to mart. DATED: AP 3 0 1986 PHIL BATCHELOR, Clerk, By �� , Deputy Clerk ce: County Administrator (2) County Counsel (1) DOBBS, BERGER, MOLINARI, CASALNUOVO, VANNELLI & NADEL ATTORNEYS AT LAW SUITE 2500,THE ALCOA BUILDING (415)362.1940 ONE MARITIME PLAZA TELECOPIER(415)362-5503 SAN FRANCISCO,CALIFORNIA 94111 CABLE:DOBBSLAW March 26, 1986 Clerk Board of Supervisors County Administration Buildinq Room 106 651 Pine Street Martinez, CA 94553 Dear Clerk: Please file the enclosed claim form, stamp the copy and return in the envelope provided. Thank you for your attention to this matter. Very rull ours , Ry VANNELLI GP V/q p 8181L Enclosures 1 CLAIM TO: BOARD OF SUPERVISORS, OF CONTRA COA �Xapplicationto: • Instructions to ClaimantC!erk of the Board Martinez,California94553 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. 11 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 Larry J. Schultz, parent/Guardi.an� ad Litem of Jula Schultz ) RECEIVED Against the COUNTY OF CONTRA COSTA; IV:A.R �t-1 1��J b or DISTRICT) PHIL BATCHELOR (Fill in name ) CLERK BOARD OF SUPE ORS The undersigned claimant hereby makes claim agains o n y o Costa or the above-named District in the sum of $ loo, 000 and in support of this claim represents as follows.- -------- ollows: 1. When did the damage or injury occur? (Give exact date and hour Evening of December 23 , 1985 �.--Were did tie damage or in3i.ry occur. (include city and county) Sun Valley Mall, City of Concord, County of Contra Costa, State of California -r----- ------------------;- ----------------------------- - -- ---- ---- --- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) Private airplane attempting to land at Buchanan Field apparently over shot landing and crashed into Sun. ValleylMall i.njurying claimant, 4. What articular act or omission on the T --- p part of county or district officers, servants or employees caused the injury or damage? Dangerous and defective condition of publilc property{ specifically county airport at Buchanan Field, placed in close proximity to major urban shopping area, constituting a foreseeable risk of incoming and outgoing airflights being caused to crash land/or over shoot centers injuring members of the public, inadequate, inappropriate and ' s ff ' cient control of air traffic to prevent over shooting the landing W%Aer field and crashing into shopping mall. Otlher acts and facts and theories of liability will depend on further discovery. 5. What are the names of county or 'district officers,, servants employees causing the damage or injury? Unknown at the present time. -------------------z-------------------------------- -------------------- 6. What damage or injuries do you claim resulted? laive full extent of injuries or damages claimed. Attach two estimates for auto damage) Personal injuries consisting of cervical, thoracic and lumbar fractures, com ression fracture of the thoracic spine and resulting emotional/' menal d_istr_ess. ---------------------- ---------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Estimated general damages. ------------ -- - - - -- ---- --- ---------- 8. Names and-addres-e--o--witn--se---doctor--and-hospitals. ------------- Unknown at _the .present time. ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Unknown at the present time. Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) orlby,65ine on his behalf. " Name and Address of Attorney Gary P. Vannel li , Esc Dobbs, Berger, Molin ri , Casalnuovo, Attorr1ey Tor aim n Vannelli & Nadel One Maritime Plaza, Suite 2500. One .M �i Plaza, Suite 2500 San Francisco, CA 94111 San Francisco., CA 94111 Telephone No. (415) 362-1940 Telephone No. (415) 362-1940 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. " , BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA EOARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLAIMANT A� it 29 198 6 governed by the Board of Supervisors, ) The copy of t 's document leio 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 Ito Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Dwight T. Campbell �}}�, !^n E '0Imty V'�1I`I�SPri Attorney: MAR 311986 Address: #8 Amelia Way Pittsburg, CA transmittal IvidV11n8Z, CP gQ553 Amount: $500, 000'. 00 By delivery to(clerk on March 27 , 1986 Date Received: Marc27 , 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a bopy of the above-noted claim. Dated: March 28, 1986 PHIL BATCHELOR, Clerk, By Deputy a ;y . owes II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (\A 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 11 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: 40I • I 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 clad t (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present 00) This claim is rejected in full. ( ) Other: I I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OR 2 9 1986 PHIL BATCHMOR, Clerk, ByL�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. 1 You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should1do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimants right to apply for l(e�ave i o Present a late claim was mailed to DATED: A ' 986 PHIL BATCHELAR, Clerk, By .1 . , Deputy Clerk cc: County Administrator (2) County Counsel (1) t . : . BOARD aF snpE '. CLAIM TO; � � RVISORS aF CONTRA CO9* yapprcatsonto Instructions to ClaimantC4e k f t oatd :. Mill rtinei.CalifomIa 94553 - A. Claims relating to causes-of action for 'd ath or for. ,injury to person :or to personal property or growing crops must be .presented not ,later than the -10.0th day after .the .accrual .of the.,;cause,-.of action.. Maims relatingto any other.'cause :of. action must be : presented not dater than one year after the accrual 'of the.' oause of action. tSec. 911.2, 'Govt. Code) ; _, 8. 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....: {.l 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 4gainst 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 R CIN Against the COUNTY OF CONTRA COSTA) Muir.�-7 boo ) or L�.� rc, . �clf. I - DISTRICT) wiEtsATcKrLoR (Fill in name � CLERN�.f)ARO OF EUPLRVISOR$- The undersigned claimant hereby makes claim agai a or-Contra Costa or the above-named District .in the sum of $ l� 0e �.,.,. and in support of this claim represents as follows: a sa a a a as a a a a a a a a a a a aaaaa as a a a a a a aaaa�aa as wawaasa�.�i: as aiaa asa�ra aaa.r When did the damage or injury occur? (Give exact d1te and hour] a�.�--tea - ----aa�.aaa.:aaa..a�:�a nd c;a..ty eie� amage om3ur occur? (Iinclude 'city and county L',G t om'• Co. ra-raa aaaa.-aa--------- .aaa aaa-�-aaaaaaaa-aa as a T aa----aaaaai- 3. How did the damage or injury occur? Give tu�I ,Jtas.� , use extra sheets if required) S'�r'Y / ��d �`, moo, j a-aaa----- a-r aaari��a aaaaaaa�aa.far�.�aaaaaaa'aawai.a�aaaa a�Ta aaT Ea.rar 4. What .particular act or omission on the part of county or district -,officers, , servants or employ es caused the injury or dam/age? '�r- - ��', i (over) CLAIM BOARD OF Summon or C5ffff CDSPA OOONTY, CALUMNIA BOARD ACTION Claim Against the County, or District ) IIOTICE M CLAIMM April 29 , 1986 governed by the Board of Supervisors, ) The copy of this document iUled 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: Vincent W. Bunten Attorney: Address: #4 Bayview Road Crockett, CA 94525 Amount: $262.50 By delivery to clerk on Date Received: April 2, 1986 By mail, postml rked on April 1 , 1986 I. FROM: Clerk of the Board of Supervisors 710: County Counsel Attached is a copy of the above-noted claim. Dated: April 2 1986 PHIL BATCHELOR, Clerk, By Oxx,i ", Yt� Deputy 7a=, Knwes II. FROM: County Counsel M: ( Clerk of the Board of Supervisors (Check only one) (A 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 11 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: • I Dated: 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 Supervises present ( X) This claim is rejected in full. { ) Other: I I I certify that this is a true and correct copy of the Board's Order entered in its ming 1 date. Dated: JPv PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 1913) 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 oourt action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in oonneetion with this matter. If you want to consult an at 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.1 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: claimant. r R 3 0 1986 PHIL BATCMDR, Clerk, By , 9X- , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C 09TRAOW11application to: Instructions to ClaimantC!erk of the Board .O.Box 911 ~ Claims relating causes '6f f Martinez,Califomia94553 A. C g to cause o 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 Districts-should be filled in. D. If the claim is against more than one p Ilic 'entity, separate claims must be filed against each public entity . E. Fraud. See penalty Por fraudulent claims, Penal. Code Sec. 72 at end o this form. RE: Claim by )Reserved for Clerk's filing stamps GlAgai FARR,,.;, inst the COUNTY OF CONTRA COSTA; 9,1986_ or DISTRICT) PHIL BATCoR (Filln name L RK od�tf3' u<i14- RS The undersigned claimant hereby makes claim aga CSU ontra Costa or the above-named District in the sum of $_ :, 6 2 ,50 and in support of this claim represents as follows: �. When did the damage or In3ury occur? (Give exact date and hour] 3/I y/ 86 at 8 :00 PM CREteASEc{� .3103/9Y6 Nookec(' iA }n 4;t 800k�Ng NSR $6001y 902 J_ ----- - WKiere aia-tie damage or Injury-occur? (Include city--and count---y_ CoNtRA COStA Gou+V . Nff-Ntj'oN Ah C; ► ty Hh1gtiNEz , CA1 i f. 3. How did the damage or in3ury occur? Give tul� retails, use extra sheets if required) / / WhEN Adtp5Ed TROM _fAt df tf lfl an/ fAcl L tv f4 c quty ON duty Rgoa-hd -fAg t My c Lo-�'hiNg co"Z cel Not bE founicl. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? UNkAIOINN (over) i a What are the names of un or d ct vfficers servant ori S. Wh t bounty istri � , employees causing the damage or injury? UN kNOw^! 6. What damage or �n3uries do you claim resulted? ZGve dull extent of injuries of damages claimed. Attach two estimates for auto damage) / L o s s Of PFR SOJvNAL C L Df r1/,*A/g 7. Bow was the amount claimed above computed? (Include the estisaated amount of any prospective injury or damage.) BROWN L.F.Af ek jfiekEt � g0•°O.�//-TeAlA66 SAgE CsIzE /q>$#O.°° LFV% ANfS - .�Je-'o0 Coftem PGAId SI?IRf-X15°°, sk'e �s - AR J soeks7l.,"O P o - ----moo 8. Names and addresses of witnesses, doctors and hospitals. - NONE { S. Llst the expenditures you made on account of this accident or zn3ury: DATE ITEM I AMOUNT N oN� Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or 'b some person on his behalf. " Name and Address of Attorney C aimant s S nature �1 8,qvirw R Address .- �CRo�k�ft CA. 9y52 � i Telephone No. Telephone No. 1y0) 7 fl'-• 132 S i i 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, ' oi to any county, town, city district, ward or village board or officer', authorized to allow or pay the same if genuine, any false or fraudulent1claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM BOARD OF SUMVISORS OF CONTRA COSTA .COUNTY, CALn?ORNU BOARD ACTION Claim Against the County, or bistrict ) NOTICE TO Avril 29, 1986 " governed by the Board of Supervisors, ) _ The copy of s anentisailed 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.pursuantito Government Code Section 913 and 915.4• Please note all RWarnings". Claimant: Betty Crater �olmtv Counsel Attorney: Lawrence M. Cohen Kuvara Law Firm MAR 31 1986 Address: P.0. Box 150 San Rafael., CA 94915 mar[Inez, CA 94553 Amount: $100,000. 00 By delivery to clerk on Express mail Date Received: March 27, 1986 By mail, postmarked on March 26, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 28, 1986 PHIL BATCHELOR, Clerk, By &A �puty aKTJowles II. FROM: County Counsel TO: Klerk o 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 lj days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: I f Dated: zysG B Uit-L I 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 IV. BOARD ORDER By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I I certify that this is a true and correct copy of the Board's Order entered in its minutes for thi date. Dated: P R 9 , 1989 PHIL BATCHELOR, Clerk, BY l _ , Deputy Clerk WARNING (Gov. Code Section X913) 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 Boardts 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 accordlance with Section 29703. ( ) A warning of claimantfs right to apply for leave to present a late claim was mailed to claimant. L DATED: APR 3 0 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk ce: County Administrator (2) County Counsel (1) 1 LAWRENCE .M \ ,COHEN, ESQ. a RECEIVED 4, KUVARA LAW FIRM ar. P.O. Box 150 -7 2 Sari Rafael, CA 94915 MARL l i b (4 15) 456-5900 3 PHIL BATCHELOR LERK ARD"SUPERV..TRAquty 5 6 ;I'Inthe Matter'of the Claim"'of ( BETTY CRATER against the CLAIM FOR PERSONAL INJURIES 7 ' COUNTY OF CONTRA COSTA Gov. Code 918 et seq. 8 To,: the Board of Supervisors of Contra Costa County 9 10 Claimant BETTY CRATER, 1356 Battery Street, Richmond, 11 CA. , presents a claim for damages in the .amount of .$10.0 •000 . 00, 12 estimated as of the date of .presentaton of this claim. The 13 following statements are made in reference.:_ to this claim. 14 1 . Notices concerning this claim should be sent to 15 LAWRENCE-_M. C.OHEN, Kuvara Law Firm, P.O. Box 150, San Rafael, CA 16 94915 . 17 2 . The occurence giving rise to this claim took place 18 on or about December 23, 1985 at or near Sun Valley Mall in the 19 County of Contra Costa. The circumstances of the occurrence are 20 as follows: A privately owned airplane crashed into and through 21 the roof of Sun Valley Mall where claimant was a customer severely 22 injuring claimant. 23 3. . The names of the public ' employee (s) causing or 24 contributing to the injuries, damage, and loss ,.for which this 25 claim is made are "unknown" . 26 4 . . The. injuries, damage, and loss for which this claim 27 is made, so far as now known, consist of various abrasions and 28 contusions, soft . tissue injuries to whole body, stomach injuries f/ 1 PROOF OF SERVICE BY MAIL 2 I declare that I am employed in the City of San Rafael, 3 County of Marin, California. I am over the age of eighteen years 4 and not a party to the within cause. My business address is 5 P.O. Box 150 , San Rafael, California. 6 On March 26, 1986 I served the within 7 CLAIM FOR PERSONAL INJURIES 8 9 10 11 on the interested parties i 12 in said cause by placing a true copy thereof enclosed in a . sealed 13 envelope with postage thereon fully prepaid, in the United States . 14 mail at San Rafael, California, addressed as follows: 15 16 Clerk to the BOARD OF SUPERVISORS 17 OF CONTRA COSTA COUNTY 651 Pine 18 Martinez , CA 94553 19 20 *Express Mail 21 22 23 I declare under the penaltl of perjury that the foregoing 24 is true and correct, and that this declaration was executed on 25 March 26 , 1986 at Ian Rafael, California. 26 27 J { SEREN HAL IAN 28 ,j 4 •S 45�+,✓' h- .^ t.::+.. 1 '.:p j t x } C� ..15v4 3" . MaM: i,� `- �+. CLAIM BOARD OF SOPERVISMS OF CONTRA OOSTA OOU?Mt CAL. BOARD ACTION Claim Against the County, or bistri et ) t10TICE TO CLAmm Ap r i 1 29, 1986 governed by the Board of Supervisors, ) The copy of tbis docummt 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 Ito Government Code Section 913 and 915.4. Please note all *WarninW. Claimant: R.H. Macy & Company, Inc. and the Aetna Life and Casualty Company Attorney: Stephen C. Johnson Lillick, McHose & Charles Address: Two Embarcadero Center TT � C* San Francisco, CA 94111 By delriavery�totcTerk on April 3, 1986 Amount: $1, 000, 000. 00 Date Recei ved: Ap r i 1 3, 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: April 3, 1986 PHIL BATCHELOR, Clerk, By n Deputy t y K*6wles II. FROM% County Counsel 70: 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: 14 Dated: . By: a U 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). I IV. BOARD ORDER By unanimous vote of Supervis rs present (X) This claim is rejected in full. ( ) Other: I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: A P R 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 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 tD present a late claim Was mailed to claimant. DATED: A P ?g, PHIL BAMMDR, Clerk, By � K , Deputy Clerk cc: County Administrator (2) - County Counsel (1) RECEIVED . SPR i9�6 I 2 BUCHANAN FIELD 1 LILLICK MCHOSE & CHARLES STEPHEN C. JOHNSON 2 WILLIAM L. ROBINSON JEFFREY A.. BLAIR 3 Two Embarcadero Center San Francisco, California 94111 4 Telephone: (415 ) 984-8200 5 Attorneys :for Claimaints I R. H. MACY & COMPANY, INC. and RECEI�TED 6 THE AETNA LIFE AND CASUALTY COMPANY �l 7 APR 8 CLAIM OF R. H. MACY & COMPANY, ) PHIL BATCHELOR INC. , and THE AETNA LIFE AND ) CLERK OARS OF SUPERVISORS NTR Q'0STA CO 8�-t�.. ..L' 'aputy 9 CASUALTY COMPANY, ) 10 against ) CLAIM FOR DAMAGES (Cal. Gov't Code 910 ) 11 CITY OF CONCORD; and BUCHANAN ) FIELD AIRPORT; -and CONTRA COSTA ) 12 COUNTY. ) 13 , ) 14 15 TO: The City of Concord, Buchanan Field . Airport and , 16 Contra Costa County: 17 You are hereby notified that R. H. Macy Co. , Inc. 18 ( "Macys" ) , whose address is P. 0. Box 7888 , San Francisco, 19 California 94120, and The Aetna Liffe and Casualty Company 20 ( "Aetna" ) , whose address is Two World Trade Center, Suite 21 3620, New York, New York 10048, by and through their attor- 22 neys, Lillick McHose & Charles, Two o Embarcadero Center, 23 San Francisco, California 94111, do hireby. file their written 24 notice of claim for damages against The City of Concord, 25 Buchanan Field Airport and Contra ' Costa . County pursuant 26 to California Government Code Section 910, et seq. , and i allege as follows: 2 1. The names and addresses. of the claimants''. are ; 3 as follows: 4 R. H: Macy Company, Inc. P. O. Box 7888 5 San Francisco, California 914120 6 Aetna Life and Casualty Company Two World Trade Center, Suite 3620 7 New York, New York 10048 g 2. All notices or other communications with respect 9 to this claim should be sent to claimants ' attorneys, Lillick 10 McHose & Charles, Two Embarcadero Center, San Francisco,. 11 California 94111, .Attention: Stephen C. Johnson, Esq. 12 3. On or about December., 23, 1985, a twin engine 13 Beechcraft Baron aircraft on approach to Buchanan Field 14 Airport crashed into the Macys store located in the Sun 15 Valley Shopping Mall, Concord, California. The impact 16 of the crash caused significant structural damage to the 17 Macys store. As a further result of the impact, a fire 18 resulted causing significant damage to the Macys store 19 and the merchandise located therein. As a further result 20 of the impact, Macys was forced to close its business at 21 the height of the Christmas shopping season causing a further 22 loss of profits. 23 4. At all times mentioned her6in, The City of Concord, 24 Buchanan Field Airport and Contra Costa County participated 25 in the engineering, selection, design, construction, mainte 26 nance, repair and use of Buchanan Field Airport. -2- 1 5. At all times mentioned herein, The City of Concord 2 and Contra Costa County participated in the engineering, 3 selection, design, construction, maintenance, repair and 4 use of the Sun Valley Mall, including but not limited to 5 the selection of the construction site near the path of 6 aircraft landing at and taking off from Buchanan Field. 7 6. The acts and omissions of the City of Concord, g Buchanan Field Airport, and Contra Costa County, described 9 in part above, created a dangerous condition of public 10 property and a foreseeable risk that an aircraft would 11 crash on or near the Macys store. The City of Concord, 12 Contra Costa County and Buchanan Field Airport had actual 13 or constructive notice of this dangerous ' condition. The 14 incident alleged herein was a direct and proximate result 15 of the dangerous condition of public property and of the V 16 negligent acts of the City of Concord, Buchanan Field Airport 17 and Contra Costa County described in part above. Those lg entities are also strictly liable to Macys for the damages 19 sustained by Macys alleged herein. 20 7. Aetna provided property insurance coverage and 21 business interruption coverage to Macys. Pursuant to this 22 coverage, Aetna has or will pay claims covering the amount 23 of Macys losses. less the deductible and other policy adjust- 24 ments. As a result of these payments, Aetna will become 25 subrogated to the rights of Macys to the extent of such 26 payments. -3- 1 8. The specific names of The City of .Concord, Buchanan 2 Field Airport and Contra Costa County employees and agents 3 involved in the engineering, selection, design, construction, 4 maintenance, repair, use and control of Buchanan Field 5 Airport and the Sun Valley Mall are not known to the Claim- 6 ants at the present time. The City of Concord, Buchanan 7 Field and Contra Costa County are liable for the acts, 8 omissions and conduct of their employees and agents. � 1 9 9. The full damage to the property of Macys as alleged 10 herein has not yet been determined, but is estimated to 11 be in excess of $1 million. Macys will amend this claim 12 and set forth the exact sum when the same is ascertained. 13 The preliminary figure is based upon the expenses incurred 14 by Macys as a result of the aircraft crash and resultant 15 impact, fire and other consequential damages . 16 Dated: March 31, 1986 LILLICK McHOSE & CHARLES 17 �18 By: � Stephen C. Johnson 19 Attorneys for Claimants R. H. Macy Co. , Inc. and 20 The Aetna Life and Casualty Co. 21 22 23 24 25 26 -4- 1 PROOF OF PERSONAL SERVICE 2 I, Carolyn Wilson, . certify that I am over the age 1 3 of 18 years and not a party to the within action; that 4 my business address is Two Embarcadero Center, San Francisco, 5 California 94111; and that on April 1, 1986, I caused to 6 be personally a true copy of the attached Claim for Damages 7 (Cal. Gov't Code § 910) on the following persons at the 8 addresses indicated: 9 City Clerk City of Concord 10 1950 Parkside Drive Concord, California 94519 Clerk - Board of Supervisors 12 County of Contra Costa 651 Pine Street, Room 106 13 Martinez, California 9.4553 14 Buchanan Field Airport 171 John Glenn Drive 15 Concord, California 94520 16 I declare under penalty of perjury under the laws 17 of the. State of California that the foregoing is true and 18 correct. 19 Executed this lst day of April, 1986, at San Francisco, 20 California. 21 22 23 24 25 26 CLAIM BOARD OF S[JMVISMS OF 0 NTRA a=A OOUIM, CALnMRNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 29, 1986 governed by the Board of Sul-*rvisors, ) The copy of s anent 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: R.H. Macy & Co. , Inc. , and the Aetna life and Casualty Co. Attorney: Stephen C. . Johnson Lillick, McHose & Charles Address: Two Embarcadero Center San Francisco, CA 94111 By de very April 1, 1986 Amount: Unspecified 1 Date Received: Ap r i 1 1, 1986 By mail, postmarked rked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: April 1 . 1986 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel TO: IClerk 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: } I Dated: %C'.��__) Deputy County Counsel . . III. FROM: Clerk of the Board TO: (1) &nty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors pa�esent 0A This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy oftthe Board's Order entered in its minutes for this date. i Dated: PHIL BATCHELOR, Clerk, By(- , Deputy Clerk WARNING (Gov. Code Section 1913) 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 M: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardfs action on this claim by mailing a copy of this document; and a memo thereof has been filed and endorsed on the Boards 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: �3 a 1986 PHIL BAMELOR, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) I LILLICK MCHOSE & CHARLES STEPHEN C. JOHNSON E 2 WILLIAM L. ROBINSON E RECEIVED p.�N JEFFREY A. BLAIR S 3 Two Embarcadero Center APR / 1986 San Francisco, California 94111 Telephone: (415 ) 984-8200 PHU SATCOROR 4IEC EC go�01Rn OF SUP[RWS0*5 IA Attorneys 5 Attorneys for Claimaints R. H. MACY & COMPANY, INC. and THE AETNA LIFE AND CASUALTY COMPANY 7 8 CLAIM OF R. H. MACY & COMPANY, ) INC. , and THE AETNA LIFE' AND ) 9 CASUALTY COMPANY, ) 10 against ) CLAIM FOR DAMAGES (Cal. Gov't Code § 910 ) 11 CITY OF CONCORD; and BUCHANAN ) FIELD AIRPORT; and CONTRA COSTA ) 12 COUNTY. ) 13 ) 14 15 TO: The City of Concord, Buchanan. Field Airport and 16 Contra Costa County: 17 You are hereby notified that R. H. Macy Co. , Inc. 18 ( "Macys" ) , whose address is P. 0. Box 7888 , San Francisco, 19 California 94120 , and The Aetna Life and Casualty Company 20 ( "Aetna" ) , whose address is Two World Trade Center, Suite 21 3620, New York, New York 10048, by and through their attor- 22 neys , Lillick McHose & Charles , Two Embarcadero Center, 23 San Francisco, California 94111, do Hereby file their written 24 notice of claim for damages against The City of Concord, 25 Buchanan Field Airport and Contral Costa County pursuant 26 to California Government Code Section 910 , et seq. , and I allege, as follows : 2 1 . The names and addresses of the claimants are a 3 as follows : 4 R. H. Macy Company, Inc. P. 0. Box 7888 5 San Francisco, California 94120 6 Aetna Life and Casualty Company Two World Trade Center, Suite 3620 7 New York, New York 10048 8 2 . All notices or other communications with respect 9 to this claim should be sent to claimants ' attorneys , Lillick 10 McHose & Charles, Two Embarcadero Center, . San Francisco, 11 California 94111, Attention: Stephen C. Johnson, Esq. 12 3 . On or about December 23, 1985, a twin engine 13 Beechcraft Baron aircraft on approach to Buchanan Field 14 Airport crashed into the Macys store located in the Sun 15 Valley Shopping Mall, Concord, California. The impact 16 of the crash caused significant structural damage to the 17 Macys store. As a further result of the impact, a fire 18 resulted causing significant damage to the Macys store 19 and the merchandise located therein. As a further result 20 of the impact, Macys was forced to close its business at 21 the height of the Christmas shopping season causing a further 22 loss of profits . 23 4 . At all times mentioned here in, The City of Concord, 24 Buchanan Field Airport and Contra Costa County participated 25 in the engineering, selection, desigl, construction, mainte- 26 nance, repair and use of Buchanan Field Airport.- -2- r • 1 5. At all times mentioned herein, The City of Concord 2 and Contra Costa County participated in the engineering, 3 selection, design, construction, maintenance, repair and 4 use of the Sun Valley Mall, including but not limited to 5 the selection of the construction site near the path of 6 aircraft landing at and taking off from Buchanan Field. 7 6. The acts and omissions of the City of Concord, 8 Buchanan Field Airport, and Contra Costa County, described 9 in part above, created a dangerous condition of public 10 property and a foreseeable risk that an aircraft would 11 crash on or near the Macys store. The City of Concord, 12 Contra Costa County and Buchanan Field Airport had actual 13 or constructive notice of this dangerous condition. The 14 incident alleged herein was a direct and proximate result 15 of the dangerous condition of public property and of the r 16 negligent acts of the. City of Concord, Buchanan Field Airport 17 and Contra Costa County described in part above. Those t8 entities are also strictly liable to Macys for the damages 19 sustained by Macys alleged herein. 20 7 . Aetna provided property insurance coverage and 21 business interruption coverage to Macys. Pursuant to this 22 coverage, Aetna has or will pay claims covering the amount 23 of Macys losses less the deductible and other policy adjust- 24 ments. As a result of these payments, Aetna will become 25 subrogated to the rights of Macysi to the extent of such 26 payments. -3- 1 8. The specific names of The City of Concord, Buchanan 2 Field Airport and Contra Costa County employees and agents 3 involved in the engineering, selection, design, construction, 4 maintenance, repair, use and control of Buchanan Field 5 Airport and the Sun Valley Mall are not known to the Claim- 6 ants at the present time. The City of . Concord, Buchanan 7 Field and Contra Costa County are, liable for the acts, 8 omissions and conduct of their employees and agents. 9 9. The full damage to the property of Macys as alleged 10 herein has not yet been determined, but is estimated to 11 be in excess . of $1 million. Macys will amend this claim 12 and set forth the exact sum when tlhe same is ascertained. 13 The preliminary figure is based upon the expenses incurred 14 by Macys as a result of the aircraft crash and resultant Ok 15 impact, fire and other consequential damages . 16 Dated March 31, 1986 LILLICK McHOSE & CHARLES ' 17 18 By Stephen C. Johns6fi 6" 19 Attorneys for Claimants R. H. Macy Co. , Inc. and 20 The Aetna Life and Casualty Co. 21 22 23 24 25 26 -4- I PROOF OF PERSONAL SERVICE 2 I, Carolyn Wilson, certify thlat I am over the age 3 of 18 years and not a party to 'the within action; that 4 my business address is Two Embarcadero Center, San Francisco, 5 California 94111 ; and that on April 1, 1986, I caused to •6 be personally a true copy of the attached Claim for Damages 7 (Cal. Gov't Code S 910) on the following persons at the 8 addresses indicated: 9 City Clerk City of Concord 10 1950 Parkside Drive Concord, California 94519 11 Clerk - Board of Supervisors 12 County of Contra Costa 651 Pine Street, Room 106 13 Martinez, California 94553 14 Buchanan Field Airport 171 John Glenn Drive 15 Concord, California 94520 16 I declare under penalty of perjury under the laws r 17 of the State of California that th foregoing is true and 18 correct. 19 Executed this 1st day of April, 1986 , at San Francisco, 20 . California. 21 22 23 24 25 26 Q , . CN AD4 BOARD OF SUPERVISORS OF QNM 0=A 00MM9 9 CALUMNIA Ex-Officio as the Governing Board of Contra Costa County JUAND ACTION Consolidated Fire District. Claim Against the County, or District ) WMCE 10 CLUMANT April 29, 1986 governed by the Board of Supervisors, ) The oopy of- s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the . Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarnings". Claimant: R.H. Macy & Co. , Inc. , and The Aetna Life and Casualty Company Attorney: Stephen C. Johnson Lillick, McHose & Charles Address: Two Embarcadero Center, Ste. 3620 San Francisco, CA 94111 Ha d d 1�'veoned April 1Af�h Amount: $1, 0 0 0, 00 0. 0 + By deli veryo '{c Date Received: April 2, 1936 By mail, postmarked rked oat I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: April 2, 1986 PHIL BATCMDR, Clerk, By } VDeputy ath K owles II. FROM: County Counsel TU: Clerk of the Board of Supervisors (Check only one) (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: i I Dated: By: L Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to clailmant (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present ( A) This claim is rejected in full. ( ) Other: I I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: APR 91986 PHIL BATCMOR, Clerk, By , Deputy Clerk WARNIM (Gov. Code Secti on 1913) 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 ido 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. DATM: APR PHIL BATaMDR, Clerk, By �' , Deputy Clerk Oc: County Administrator (2) County Counsel (i) 1 LILLICK McHOSE & CHARLES A,PR; �2, STEPHEN C. JOHNSON WILLIAM L. ROBINSON 2 F H!L SA T CHELOR JEFFREY A. BLAIR cLERi,DJAVC'rSUPERVSORS Mputy�sra g Two Embarcadero Center San Francisco, California 94111 4 Telephone: ( 415 ) 984-8200 5 Attorneys for Claimaints R. H. MACY & COMPANY, INC. and 6 THE AETNA LIFE AND CASUALTY COMPANY 7 8 CLAIM OF R. H. MACY & COMPANY, ) INC. , and THE AETNA LIFE AND ) 9 CASUALTY COMPANY, ) 10 against ) CLAIM FOR DAMAGES (Cal. Gov't Code § 910 ) 11 CITY OF CONCORD; and BUCHANAN. ) FIELD AIRPORT; and CONTRA COSTA ) 12 COUNTY; and CONTRA COSTA COUNTY ) FIRE PROTECTION DISTRICT, ) 13 ) 14 TO: The Contra Costa County Fire Protection District: 15 You are hereby notified that R. H. Macy Co. , Inc. 16 ( "Macys" ) , whose address is P. 0. Box 7888 , San Francisco, 17 California 94120, and The Aetna Life and Casualty Company 18 (`Aetna" ) , whose address is Two World Trade Center, Suite 19 3620, New York, New York .10048, by and through their attor- 20 neys, Lillick McHose & Charles, Two Embarcadero Center, 21 San Francisco, California 94111, do hereby file their written 22 notice of claim for damages against The Contra Costa County 23 Fire Protection District pursuant to California Government 24 Code Section 910, et seq. , and allege as' follows : 25 1. The names and addresses of the claimants are 26 as follows : 1 R. x.' Macy Company, Inc. P. O. Box 7888 2 San Francisco, California 94120 3 Aetna Life and Casualty Company Two World Trade Center, Suite 3620 4 New York, New York 10048 .5 2. All notices or other communications with respect 6 to this claim should be sent to claimants ' attorneys , Lillick 7 McHose & Charles, Two Embarcadero Center, San Francisco, 8 California 94111, Attention: Stephen C. Johnson, Esq. 9 3. On or about December .23, 1985, a twin . engine 10 Beechcraft Baron aircraft on approach to Buchanan Field it Airport crashed into the Macys siore located in the Sun 12 Valley Shopping Mall, Concord, California. The impact 13 of the crash caused significant structural damage to the 14 Macys store. As a further result of the impact, a fire 15 resulted causing significant damage to the Macys ' store 16 and the merchandise located therein. As a further result 17 of the impact, Macys was forced tl close its business at 18 the height of the Christmas shopping season causing a further 19 loss of profits. 20 4 . At all times mentioned herein, The City of Concord, 21 Buchanan Field Airport and Contra Costa County participated 22 in the engineering, selection, design, construction, mainte- 23 nance, repair and use of Buchanan Field Airport. 24 5 . At all times mentioned herein, The City of Concord 25 and Contra Costa County participated in the engineering, 26 selection, design, construction, maintenance, repair and -2- I use of the Sun Valley Mall, including but not limited to 2- the selection of . the construction site near the path of 3 aircraft landing at and taking off from Buchanan Field. 4 6. The acts . and omissions of the City of Concord, 5 Buchanan Field Airport, and Contra Costa County, described 6 in part above, created a dangerous condition of public 7 property and a foreseeable risk that an aircraft would 8 crash on or near the Macys store. The City of Concord, 9 Contra Costa County and Buchanan field Airport had actual 10 or constructive notice of this dangerous condition. The 11 incident , alleged herein was a direct and proximate result 12 of the dangerous condition of public property and of the 13 negligent acts of the City of Concord, Buchanan Field 14 Airport, Contra Costa County and The Contra Costa County 15 Fire Protection District described in part above. Those 16 entities are also strictly liable to Macys for the damages 17 sustained by Macys alleged herein. 18 7. Aetna provided property insurance coverage and 19 business interruption coverage to acys. Pursuant to this 20 coverage, Aetna has or will pay claims covering the amount 21 of Macys losses less the deductible and other policy adjust- 22 ments. As a result of these payments , Aetna will become j 23 subrogated to the rights of Macys to the extent of such 24 payments. 25 8. The specific names of The City, of Concord, Buchanan 26 Field Airport and Contra Costa County employees and agents -3- I involved in the engineering, selection, design, construction, 2' maintenance, repair, use and control of Buchanan Field 3 Airport and the Sun Valley Mall are not known to the Claim- 4 ants at the present time. The City of Concord, Buchanan Field and Contra Costa County Y are liable for the acts , 6 omissions and conduct of their employees and agents . 7 9. The full damage to the property of Macys as alleged 8 herein has not yet been determine, but is estimated to 9 be in excess of $1 million. Macy will amend this claim 10 and set forth the exact sum when the same is ascertained. 11 The preliminary figure is based upon the expenses incurred 12 by Macys as a result of the aircraft crash and resultant 13 impact, fire and other consequential damages. 14 Dated: April 1, 1986 LILLICK McHOSE & CHARLES 15 16 By: .. C- Steph n C. Joh on 17 Attorneys for Claimants R. H. Macy Co. , Inc. and 18 The Aetna Life and Casualty Co. 19 20 21 22 23 24 25 26 -4- I PROOF OF PERSONAL SERVICE 2 I, Carolyn Wilson, certify that I am over the age 3 of 18 years and not a party to the within action; that 4 my business address is Two Embarcadero Center, San Francisco, 5 California 94111; and that on April 2, 1986 , I caused to 6 be personally served a true copy of the attached Claim 7 for Damages (Cal. Gov't Code S 910) on the following person 8 at the address indicated: 9 Contra Costa County Fire Protection District c/o Clerk - Board of Supervisors 10 County of Contra Costa 651 Pine Street, Room 106 11 Martinez, California 94553 12 I declare under penalty of perjury under the laws 13 of the State of California that the foregoing is true and 14 correct. 15 Executed this 2nd day of April, 1986 , at San Francisco, 16 California. 17 18 � t 19 20 21 22 23 24 25 26 _ CLAIM BOARD OF SOPEEtVISORS OF CUffff COSTA OOMM, CAL IA BOARD ACTION Apri Claim Against the Canty, or bistrict ) NOTICE TO CLAIKANT governed by the Board of Supervisors, ) The copy of s t 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 Government Code Section 913 and 915.4. Please note all *Warnings - Claimant: Nancy Lucchese, individually and as natural parent of Peter Joseph Lucchese, a minor. Attorney: In Pro-)ria Persona Address: 7 E1 Portal Court Band d-e�livered Clayton, CA 94517 Amount: $50, 000. 00 + By delivery to clerk on April 2 , 1986 Date Received: April 2, 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: I County Counsel Attached is a copy of the above-noted claim. I - Dated: An r i 1 2. _193L PHIL BATCH LOR, Clerk, By I Q-4 Deputy II. FROM: County Counsel TO: I Clerk of the Board of Supervisors (Check only one) (x) This claim complies substantially With Sections 910 and 910.2. _ ( ) This claim FAILS to eemply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimants right to apply for leave to present a late claim (Section 911.3). ( ) Other: I 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). I IV. BOARD ORDER By unanimous vote of Supervisors present ( K) This claim is rejected in full. ( ) Other: I I certify that this is a true and correct copy oflthe Board's Order entered in its minutes for this date. Dated: PHIL BATCHII,OR, Clerk, By , Deputy Clerk WARN= (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months frcm the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 915.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should+do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardis 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 WOMT1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk OC: County Administrator (2) County Counsel (1) 'L'C NANCY LUCCHESE 1 7 E1 Portal Court 2 Clayton , California 94517 Telephone: (415 ) 672-8275 3 PHIL EATCY.F_LCR GLER. p0AR C GF'oUP�Rro vRs In Propria Persona 14 'R osTAo 4 : e � U 5 6 In the Matter of the Claim of : NANCY LUCCHESE, individually and 8 as natural parent of PETER JOSEPH LUCCHESE, a minor , CLAIM FOR PERSONAL INJURIES 9 Claimants 10 vs 11 CITY OF CONCORD, CITY OF PLEASANT 12 HILL, COUNTY OFCONTRA COSTA, STATE OF CALIFORNIA, 13 Respondents. 14 15 Claimant , NANCY LUCCHESE, individually and as natural parent 16 of PETER JOSEPH LUCCESE, a minor , hereby presents this claim to 17 the respondents above-named: 18 1 . The address of claimant NANCY LUCCHESE, individually and 19 as natural parent of PETER JOSEPH LUCCHESE, a mi nor , is 7 E1 Portal 20 Court , Clayton, California 94517 . 21 2 • The address to which claimants desire notices regarding 22 this claim be sent is as follows : Nancy Lucchese , 7 E1 Portal 23 Court , Clayton , California 94517 . 24 3 . The date , place , and other circumstances of the 25 occurrence giving rise , to this claim are as . foll.ows :. On or about 26 December 23 , 1985 , a Beechcraft aircraft piloted by James Mountain 27 Graham, deceased, crashed into the roof of the shopping center 28 known as Sun Valley Mall , located in or near the Cities of Concord -1- ] and/or Pleasant Hill , County of Contra Costa, State of California. 2 Claimant NANCY LUCCHESE was shopping in the mall with her six- 3 year-old son PETER JOSEPH LUCCHESE .at the time of the crash. As 4 a result of the fire caused by the airplane crash , . claimant NANCY 5 LUCCHESE and her minor son PETER JOSEPH LUCCHESE sustained burns 6 and other injuries . 7 Claimants believe and therefor' allege that their injuries 8 were caused proximately , in whole or in part , by the neglgience 9 or otherwise improper conduct of officials , employees , or agents 10 of respondents CITY OF CONCORD, CITY OF PLEASANT HILL, COUNTY OF ll CONTRA COSTA, and STATE OF CALIFORNIA, whose names are not presently 12 known to claimants , in allowing, permitting, authorizing, or 13, otherwise approving the design , installation , - occupancy , 14 construction and building of the shopping center known as Sun 15 Valley Mall in such close proximity to a public airport as to make 16 it reasonably foreseeable that aircraft using the airport would 17 crash into the mall , thus endangering the lives of innocent parties 18 including claimants herein. 19 Claimants further believe and therefore allege that 20 respondents , and each of them, negligently, carelessly, recklessly 21 or otherwise wrongfully owned, operated, maintained and controlled 22 the airport known as Buchanan Field, and fhat such negligence or 23 other wrongful conduct was a proximate cause of the airplane crash 24 on or. about December 23 , 1985 , and claimants ' resulting injuries . 25 4. As a proximate result of the. negligence or otherwise 26 improper conduct of the respondents and/or their officials , agents , 27 or employees , claimant NANCY LUCCHESE and her minor son PETER 28 JOSEPH LUCCHESE sustained burns and other injuries. -2- 1 5 . At the time of presentation. of this claim, the special 2 damages sustained by claimants are unknown. Such damages include 3 but are not limited to medical bills ) wage loss , property damage , 4 and other out-of-pocket expenses . General damages in the amount 5 of $50 , 000 . 00 are also claimed. 6 DATED: April 1 , 1986 . 7 8 NANC L HESE 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- CL Ano BOARD OF SUPERVISORS OF ONM COSTA COUNTY, CAL11MMA BOARD ACTION Claim Against the County, or District ) WOTICE 10 CLADJW April 29, 1986 governed by the Board of Supervisors, ) The copy of 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 pursuanttoGovernment Code Section 913 and 915.4. Please note all wWarnings". Claimant: Mary Louise Perez and Michael F. Wilson II Attorney: Donald A. Jelinek Treuhaft, Jelinek &. Samsel Address: 1919 Addison S t. Berkeley, CA -94704- Amount: 94704mount: $500, 000. 00 By delivery to clerk on Date Received: April 2, 19 8 6Rv mail, postmarked on March 29 , 1986 'trert.# P 136; 853 50 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 2 , 1986 PHIL BATCHELOR, Clerk, By 1ppeut AA a y w es II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (�) This claim complies substantially with Sections 910 and 910.2. - ( ) This claim FAILS to oamply substantially With Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 11 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimantfs right to apply for leave to present a late claim (Section 911.3). ( ) Other: I I Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counslel, (2) County Administrator ( ) Claim was returned as untimely with notice to clad t (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervise s present (1O This claim is rejected in full. ( ) Other: 1 I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AP 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 m 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 Boardis action on this claim by mailing a copy of this document; and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: ARR a n 1986, PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) "rb��uhaft Jelinek & Samsel Robert E. Treuhaft El 1919 Addison Street Donald A. Ielinek Berkeley, CA 94704 William M. Samsel Please mail (415) 841-47 7 reply to: ❑ 1440 Broadway ' Oakland, CA 94612 CLAIM AGAINST PUBLIC ENTITY (415) 452-1300 Attn: County Clerk, Contra Costa County Courthouse Name Of Public Entity: County of Contra Costa, P.O.Box 911, Martinez, CA 94553 1010 Ward St., Martinez, CA 94553 Name and Address of Claimants) : Mary Louise Perez & Michael F. Wilson II 3687 Gettylberg Court Pleasanton, California 566 Send notices to: Treuhaft, Jelinek & Samsel KEIVETE" amsI1rR- KEIVETE" 1919 Addison Street #206 Berkeley, California 94704 APR oZ 1986 (415) 841-4787 PHIL BATCHELOR Place and Date of Occurrence: Sun Valle Mall, Concord, LT!] OFSTU E 'sons .!►... lye?1.�t�eP�tY 12/23/85 Circumstances of Occurrence: An airplane struck the Sun Valley Mall complex, east of the Macy's building. Upon information and belief, the City of Concord negligently authorized the building of the mall near an existing airport. Upon information and belief, the County of Contra Costa negligently operated the nearby airport. Description of Damage Or Loss: Personal injury, medical and other i expenses, lost wages and property damage Total Amount Claimed: $500,000 Breakdown of Amount Claimed: General and Special Damages i Dated: 3/31/86 Signed: Donald A. Jeline TREUHAFT, JELINER & SAMSEL Attorneys for Claimant(s) BOARD OF VIORS OF 03EU OOSTA MMM. CALIFOMIA . BOARD ACTION April -29, 1986 Claim Against the County, or bistriet ) NOTICE TO CLRD W governed by the Board of Supervisors, ) The copy of st your led to you is yo 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 43 and 915.4. Please note all *Warnings". Claimant: Loretta Doss , Vanessa Mitchell, LaShirley Bolton, a minor Attorney: Nicholas H. Rossi 1550 The Alameda, Ste. 204 Address% San Jose, CA 95126 gg � • By de� to ePler�C on April 2 , 1986 Amount: See page 4 of letter. Date Received: April 2, 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: I County Counsel Attached is a copy of the above-noted claim. Dated: r; 1 2 193h PHIL BATCHELOR, Clerk, By I; * Deputy II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) o0 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: I 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). I IV. BOARD ORDER By unanimous vote of Supervisors present ( XQ This claim is rejected in full. ( ) Other: I I certify that this is a true and correct copy oflthe Board's Order entered in its minutes for this date. Dated: ALE 2 q 19Q6 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 way seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should1do 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: Qp R -101986 PHIL BATaMDR, Clerk, By , Deputy Clerk 00: County Administrator (2) County Counsel (1) 1 NICHOLAS H. ROSSI Attorney at Law 2 1550 The Alameda, Suite 204 RECEIVED San Jose, California 95126 3 (40 8) 275-9488 4 Attorney for LORETTA DOSS , APR Z 10086 VANESSA MITCHELL, LaSHIRLEY WL BATCHELOR 5 BOLTON, a minor CLEZKBOW,015UPEMSORS nnii-�, a7R�, t.4 GAJ. 6 7 8 In the matter of the Claim of ) LORETTA DOSS, VANESSA MITCHELL, ) 9 aka VANESSA BOLTON, LaSHIRLEY ) BOLTON, a minor through her ) 10 mother and guardian ad litem ) CLAIM AGAINST PUBLIC ENTITY VANESSA MITCHELL, ) FOR PERSONAL INJURIES 11 ) GOVERNMENT CODE SECTIONS Claimants , ) 910 et al. 12 ) V. ) 1.3 ) COUNTY OF CONTRA COSTA ) 14 ) 15 ) 16 ) 17 TO: Clerk, Board of Supervisors, Governing Board of Contra Costa County 18 19 20 Claimants , LORETTA DOSS , VANESSA MITCHELL (aka VANESSA 21 BOLTONand LaSHIRLEY BOLTON a minor through) . gh her mother VANESSA 22 MITCHELL hereby make claim against COUNTY OF CONTRA COSTA 23 i 24 for the sums of $ 364,800.00 for LORETTA DOSS , $ 365300.00 25 for VANESSA MITCHELL, and '$ 565,500.00 LaSHIRLEY BOLTON and 26 make the following statements in support of the claim: 27 1. The name and post office address of the claimants 28 are as follows : -1- 1 I LORETTA DOSS 2 1848 Sixth Street . 3 Richmond, California 4 VANESSA MITCHELL and LaSHIRLEY BOLTON 5 926 37th Street 6 Richmond, California 914805 7 2. The post officeso which claimants desire notice 8 of this claim to be sent is as follows : 9 NICHOLAS H. ROSSI 10 Attorney at Law 11 1550 The Alameda, Suite 204 12 San Jose, California" 95126 -13 3 . On December 23 , 1985 , Claimants received personal 14 injuries under the following circumstances . 15 a. All three of the aforementioned claimants 16 were in the line waiting to see Santa Claus in the Sun Valley 17 Mall, in the Sun Valley Shopping Center located at 1 Sun Valley 18 Mall in the City of Concord, State of California. At said time 19 and place a plane crashed into the mall scattering pieces of 20 wreckage and fire all over the Mall hitting Claimants , proximately 21 causing each of them neck, back, head injuries, as well as leg, 22 abdomen, arm, stomach injuries and (great mental, physical, emotional 23pain and suffering, including but not limited to nightmares, 24 frequent pains and suffering. 25 26 COUNTY OF CONTRA COSTA i I 27 was negligent in that among other things they negligently and 28 carelessly and recklessly caused the said plane tofly a path I -2- 1 to and from Buchanan Field Airport dangerously close to the 2 shopping area, to fly in foggy conditions , to fly without being 3 maintained, without being properly cntrolled from the Controller 4 Tower, and the Sun Valley Shopping Center Buildings and Airport 5 were permitted and caused to be in a position which created an 6 unreasonable risk of just such a crash.. 7 The negligence, carelessness and recklessness of 8 COUNTY OF CONTRA COSTA _ 9 proximately caused the aforementionel conditions , crash and 10 injuries . 11 5 . So far as is known to claimant; at the time of 12 filing this claim, damages have been incurred as follows : 13 a. LORETTA DOSS 14 Medical bills to' date $ 41800 .00 15 Pain and Suffering, General 16 Damages, $10 ,000 .00 plus 17 $500 .00 per dayto date . $ 60 ,000 .00. 18 b. VANESSA MITCHELL' 19 Medical bills to� date $ 5 , 300 .00 20 Pain and Suffering, General 21 Damages (sums asl above) $ 60 ,000 .00 22 c. LaSHIRLEY'. BOLTON 23 Medical 500 .00. bills tdate $ 5,o 24 Pain and Suffering, General 25 Damages (see above) . $ 60 ,000 .00 26 6 . Claimants do not knot the addresses or the names 27 of the responsible public ,employees involved. 28 7 . At the time of presenEtation of this claim, Claimant -3- 1 claim damages as follows : 2 a. VANESSA MITCHELL (1) . to date $ 65 , 300 .00 3 (2) Estimated Future, Medical, 4 General Damages $ 300 ,000 .00 5 Total $ 365,300 .00 6 b. LORETTA DOSS (1) to date $ 64 , 800 .00 7 (2) Estimated Future, General 8 Damages , and Medicals $ 300 ,000 .00 9. Total $ 3641800 .00 10 c . LaSHIRLEY BOLTON (1) to date $ 65,500 .00 ll (2) Estimated Future, General/ 12 Special $ 500 ,000 .00 13 Total $ 565 ,500 .00 14 15 Dated: �� 1 1.6 17 ICHO S H. ROSSI 18 Attorney for LORETTA DOSS , VANESSA MITCHELL, LaSHIRLEY 19 BOLTON, through VANESSA MITCHELL her Guardian Ad 20 Litem 21 22 23 24 25 26 27 '28 -4- CLAIM BOARD OF SUPSRVI!90RS OF d3M own OOONTY. CALI uffiI_A BOARD ACTION Claim Against the County, or District ) VOTICE 70 tLAr4W April 29, 1986 governed by the Hoard of Supervisors, ) The copy of s t led to you is your Routing Endorsements, and Board ) notice of the "action taken on your olaim 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: Super Soup dba Stone Soup... Attorney: Timothy M. McMahon Archer & McComas Address: 1299 Newell Hill Place, Ste. 300 Walnut Creek, CA 94596 Hand delivered _ Amount: Unspecified By delivery to clerk on April 1, 1986 Date Received: April 1, 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: I County Counsel 'Attached is a copy of the above-noted claim. i Dated: Ap r i 1 1 , 19 8 6 PHIL BATCHELOR, Clerk, By C �.}��wo Deputy _ a _y owes 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: I I Dated: By: 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). I IV. BOARD ORDER By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I I I certify that this is a true and correct copy of the Boardfs Order entered in its mi for four 1s date. Dated: 2 ���000 PHIL BATCHELOR, Clerk, By i , 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 shouldido 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 to claimant. DATED: APR 3 0 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk CC: County Administrator (2) County Counsel (1) LAW OFFICES 2 AaCHER & MCCOIAS " - Z, D A PROFESSIONAL CORPORATION 3 1299 NEWELL HILL PLACE,SUITE 300 n P.O, BOX 8035 APR f WALNUT CREEK,CALIFORNIA 94596 4 (415) 930-6600 pdI uk FE N19 OTA 5 Attorneys for C 1 a ima n t � ..>•G.�-�1�b 6 SUPER SOUP dba STONE SOUP 7 8 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 9 10 11 SUPER SOUP dba STONE SOUP, ) 12 Claimant, ) CLAIM PURSUANT TO GOVERNMENT CODE 13 vs. ) SECTIONS 901 AND 910 14 THE COUNTY OF CONTRA COSTA, ) 15 Respondent. ) 16 17 Pursuant to Government Code Sections 901 and 910 a 18 claim for damages is hereby presented as follows: 19 CLAIM PRESENTED TO: 20 The County of Contra Costa County Administration Building 21 651 Pine Street 22 Martinez, California 94553 CLAIMANT'S NAME AND ADDRESS: 23 Super Soup dba Stone Soup 24 280-A Sunvalley Mall Concord, California 25 CLAIMANT DESIRES NOTICE TO BE SENT TO: 26 Timothy M. McMahon, Esq. 27 ARCHER & McCOMAS 1299 Newell Hill Place, Suitle 300 28 Walnut Creek, California 94'596 -1- 1 DATE OF OCCURRENCE: 2 December 23, 1985 3 PLACE OF OCCURRENCE: . 4 Sunvalley Mall Regional Retail Center 5 Concord, California 6 AMOUNT OF CLAIM: 7 The exact amount is unknown aft this time; however, the current damages are in excess of $5,300.00 and are 8 continuing. 9 MANNER IN WHICH CLAIM AROSE: 10 On the evening of December 23, 1985 a private airplane 11 crashed into the center of the Sunvalley Mall Regional Retail 12 Center while preparing to land at nearby Buchanan Field 13 Airport. The crash, and fire stemming from the ignition of 14 airplane fuel and other flammable materials on and within the 15 mall, resulted in a substantial loss of life and numerous 16 IJ serious and permanent injuries among the shoppers crowding 17 the mall two days before Christmas. 18 Respondent, THE COUNTY OF CONTRA COSTA, has been 19 negligent, and has failed to use reasonable diligence in 20 discharging mandatory duties. in andlabout matters concerning 21 the planning, approval, operation and management of the 22 Buchanan Field Airport and its related flight activities, in 23 that aircrafts are allowed to, or required to, use approaches 24 and flight patterns directly over and in close proximity to 25 the Sunvalley Mall Regional Retail Center. These acts 26 I unnecessarily endanger the lives ofinumerous residents and 27 I 28 the commercial stability of variouslbusinesses, including the -2- 1 claimant, located in and about the mall complex. The 2 negligent management and operation of Buchanan Field Airport 3 exposes the businesses and consumers within the mall complex 4 to the incredibly dangerous potential of being involved in an 5 airplane crash disaster such as the one at issue in this 6 claim. 7 As a result of the disaster of December '23,. 1985, 8 claimant' s property, including commercial stock and 9 foodstuffs, sustained considerable damage. As such, THE ' 10 COUNTY OF CONTRA COSTA has incurred liability for inverse 11 condemnation. 12 In addition to the physical harm to claimant' s stock, 13 claimant has suffered losses in connection with business 14 interruption during the busiest shopping season of the year. 15 Further, claimant has suffered, and will continue to suffer, 16 a reduction in sales and patronage since the disaster. 17 Claimant has suffered permanent damIge in an unknown amount 18 to its growth potential as a commercial establishment and 19 customer patronage and , as such, has suffered permanent 20 damage to its value as a retail enterprise. 21 DATED: April 1, 1986 22 ARCHER & McCOMAS 23 24 By f c EIC I G. U DB G 25 At�torne la' mant SUPER SOUP dba S E SOUP 26 27 28 -3- CL" t. BOARD OF SUPERVISORS OF CMM COSTA COUNTY CALIFORNIA BOARD ACTION Claim Against the County, or bistriet ) NOTICE .10 CLAIMANT April '29, 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 pursuantito Government Code Section 913 and 915.4. Please note all wWarninW. Claimant: Vanessa Mitchell Attorney: Williams M. McCann McCann & Hassan Address: 1500 E. Hamilton Ave. ,#104 Campbell, CA 95008 Hand delivered Amount: $200, 000. 00 + By delivery to f clerk on _ADril 1 , 1986 Date Received: Ap r i 1 1, 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: April 1, 1986 PHIL BATCULOR, Clerk, By ti, Deputy CaE iowles 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 canply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 115 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim onground 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: Af I 1 Dated: By: vYi,, � c�.JDeputy County Counsel III. FROM: Clerk of the Board -TO: (1) CC&Y Counsel, (2) County Administrator Claim was returned as untimely with notice to claimant (Section 911.3). I 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 othe Board's Order entered in its minutes for tis date. fl Dated: APR PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only sixi(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 :i 0 1956 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator Mr . County Counsel (7) McCann & Hassan ATTORNEYS AND COUNSELORS AT LAW 1500 E. Hamilton Ave., No. 104 Campbell,CA 95008 REY HASSAN 1408,377-8787 March 31, 1986 WILLIAM McCANN CO A17*4 Co S-ra COUNTY OF BD. OF SUPERVISORS 651 Pine St. Martinez, CA APR i*iqD a' y P IL BAT"ERIVISOORS ATTN: COUNTY CLERK LERK RooRA C. . CLAIMANT'S NAME: VANESSA MITCHELL AMOUNT OF CLAIM: See Below ADDRESS TO WHICH McCANN & HASSAN NOTICE IS TO BE SENT: 1500 E. Hamilton Ave., x'104 Campbell, CA 95008 DATE OF ACCIDENT: December 23, 1985 LOCATION OF ACCIDENT: Sun Valley Mall City of Concord State of California OCCURENCE - On December 23, 1985, Claimant was shopping in the Sun Valley Mall when an airplane crashed through said mall, which crash spude burning aviation fuel and debri thorughout the Sun Valley Shopping Mall. Claimant contends that the COUNTY OF _ j negligently and carelessly allowed and authorized the construction and/or creation of Sun Valley Mall, knowing from the outset that the location of said mall would be dangerous due to the close proximity to Buchannan Field Airport and knowing the likelihood and/or foreseeability of an air crash, as described above, from planes using Buchnannan Field Airport. That as a proximate result of witnessing said collision and barely escaping death and/or severe bodily injury. claimant was caused to suffer from severe emotional distress. DESCRIPTION OL I NJURY : Severe Emotional Distress; Anxiety; Restlessness ... 1 s _ CLAIM: General Damages Not yet known - In excess of $200,000 as shown according to proof DATED: 51;lls6 WILLIAM M. MCCANN, Attorney for Claimant _2_ DLte BOARD OF SUMVLWRS OF OONPRA COSTA CIMM, CALIFORNIA BOARD AMON Claim Against the County, or District ) 110TICE TO CLAIMANP ALp r it 29, 1986 governed by the Board of Supervisors, ) The copy of-this t led o 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 pursuantlto Government Code Section 913 . and 915.4. Please note all *Warnings". Claimant: Merksamer Jewelers, Attorney: Timothy M. McMahon Archer & McComas Address: 1299 Newell Hill P1. ,Ste. 300 Walnut Creek, CA 94596 'Hand delivered Amount: Unspecified By delivery to' clerk on April 1 , 1986 Date Received: April 1, 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. J L Dated: April_ 1 , 1936 PHIL BATCHELOR, Clerk, By U= I - Deputy y n w es 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 1'I5 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: I I Dated: By: Deputy County Counsel III. FROM: Clerk of the Board . T0: (1) &unty CounsIel, (2) County Administrator ( ) Claim was returned as untimely with notice to clad t (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present 00 This claim is rejected in full. ( ) Other: I I I certify that this is a true and correct copy of Ithe Board's Order entered in its minutes for this date. Dated: APR 2 9 1986 PHIL BATCHELOR, Clerk, By . 4" , Deputy Clerk WARNM (Gov. Code Section 1913) 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 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 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 3 01986 PHIL BATCMAR, Clerk, By , Deputy Clerk ce: County Administrator (2) County Counsel (1) r 1 s ru` u 1 LAW OFFICES 2 ARCHER & MCCOMAS RECEIVED A PROFESSIONAL CORPORATION 3 1299 NEWELL HILL PLACE,SUITE 300 ��� P.O. BOX 6035 � 1, WALNUT CREEK,CALIFORNIA 94596 4 (415) 930-6600 CLERK ROI qD OF Sc P aVf$OflS 5 Attorneys for Claimant By " A cos o. dMr 6 MERKSAMER JEWELERS 7 8 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 9 10 11 MERKSAMER JEWELERS, )� 12 Claimant, ) CLAIM PURSUANT .TO T CODE 13 vs. ) SECT ONSNO 901AND 910 ) 14 THE ,COUNTY OF CONTRA COSTA, ) j 15 Respondent. j 16 17 Pursuant to Government Code Sections 901 and 910 a 18 claim for damages is hereby presen ed as follows: 19 CLAIM PRESENTED TO: 20 The County of Contra Costa County Administration Building 21 651 Pine Street Martinez, California 94553 22 CLAIMANT'S NAME AND ADDRESS: 23 Merksamer Jewelers 24 242 Sunvalley Mall Concord, California 25 CLAIMANT DESIRES NOTICE TO BE SENT TO: 26 Timothy 'M. McMahon, Esq. 27 ARCHER & McCOMAS 1299 Newell Hill Place, Suite 300 28 Walnut Creek, .California 94596 -1- DATE OF OCCURRENCE: 2 December 23 , 1985 3 PLACE OF OCCURRENCE: 4 Sunvalley Mall Regional Retail Center , 5 Concord, California 6 AMOUNT OF CLAIM: 7 The exact amount is unknown at this time; however, the current damages are in excess of $220 ,601.00 and are 8 continuing . 9 MANNER IN WHICH CLAIM AROSE: 10 On the evening of December 23,I 1985 a private airplane 11 crashed into the center of the Sunvalley Mall Regional Retail 12 13 Center while preparing to land at nearby Buchanan Field Airport. The crash, and fire stemming from the ignition of 14 airplane fuel and other flammable materials on and within the 15 mall, resulted in a substantial loss of life and numerous 16 17 serious and permanent injuries among the shoppers crowding - the mall- two days before Christmas. 18 Respondent, THE COUNTY OF CONTRA COSTA, has been 19 negligent, rand has failed to use reasonable diligence in 20 21 discharging mandatory duties in and about matters concerning 22 the planning, approval, operation and management of the 23 Buchanan Field. Airport and its related flight acitivites, in 24 that aircrafts are allowed to, or required to, use approaches 25 and flight patterns directly over and in close proximity to the Sunvalley Mall Regional Retail C 26 enter. These acts 27 unnecessarily endager the lives of numerous residents and the 28 commercial stability of various businesses, including the -2- BOARD OF SUMVISORS OF CNTU COSTA OOUIM, CALUMMIA_ BOARD ACTION A Claim Against the County, or biatriCtOTI ) NCE 10CLAIMANT Pril 1 .1986 governed by the Board of Supervisors, ) The Copy of-S document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your Claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4• Please note all wWarnings". Claimant: Leigh Sheehan Attorney: William M. McCann McCann & Hassan Address: 1500 E. Hamilton Ave. , 104 Hand delivered Campbell, CA. 95008 Amount: $200, 000. 00 + By delivery to Clerk on April 1 . 1986 Date Received: Apr i 1 1, 1986, By mail, postmarked on I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: April 1, 1986 PHIL BATCHELOR, Clerk, By Otw_4 Deputy Cathy KrJowles II. FROM: County Counsel TO: Klerk of the Board of Supervisors (Check only one) (�) This claim complies substantially with Sections 910 and 910.2. - ( ) This claim FAILS to ecmply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for ll5 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: I Dated: By: l�Ct1_,tiQ� Deputy County Counsel III. FROM: Clerk of the Board TO: (1) ffounty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors pa�esent ( X ) This claim is rejected in full. ( ) Other: I I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. J Dated: 2 q 12Q5 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section+ 919 Subject to Certain exceptions, you have only six (6) months from the date of this wtice 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 should1do so immediately. V. FRONS: 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 claimantts right to apply for leave to present a late claim was mailed to claimant. DATED: APR 3 01986 ply, BATMELOR, Clerk, By =0� , Deputy Clerk cc: County Administrator (2) County Counsel (1) a McCann & Hassan ATTORNEYS AND COUNSELORS AT LAW 1500 E. Hamilton Ave., No. 104 Campbell,CA 95008 REY HASSAN (408)377-8787 March 31, 1986 WILLIAM MGCANN CC'N7`ka 60S7)�4 COUNTY OF BD. OF SUPERVISORS �W61VETD- 651 Pine St. Martinez, CA APR 1 PHIL BATCHELOR ATTN: COUNTY CLERK CLERK ARD 'F 'JPWs� NTRA TA y t, CLAIMANT'S NAME: LEIGH SHEEHAN AMOUNT OF CLAIM: See Below ADDRESS TO WHICH MGCANN & HASSAN NOTICE IS TO BE SENT: 1500 E. Ham i 1 ton Ave., *104 . Campbell, CA 95008 DATE OF ACCIDENT: December 23, 1985 LOCATION OF ACCIDENT: Sun Valley Mall City of Concord) State of California OCCURENCE : On December 234 1985, Claimant was shopping in the Sun Valley Mall when an airplane crashed through said mall, which crash spude burning aviation fuel and debri thorughout the Sun Cd STA Valley Shopping Mail. Claimant contends that the COUNTY OF negligently and carelessly allowed) and authorized the construction and/or creation of Sun Valley Mall, knowing from the outset that the location of said mall would be dangerous due to the close proximity to Buchannan Field Airport and knowing the likelihood and/or foreseeability of an air crash, as described above, from planes using Buchnannan Field Airport. That as a proximate result of witnessing said collision and barely escaping death and/or severe bodily Injury claimant was caused to suffer from severe emotional distress. DES RIPTI N QLI U Y : Severe Emotional Distress; Anxiety; Restlessness ... CLAIM: i General Damages Not yet known - In excess of $200,000 as shown according to proof DATED: WILLIAM M. McCANN, Attorney for Claimant I f -2- . 1 aC WARD OF S UMVMM OF 03ffff COSTA 0 MM s CALUKF NIA HOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIKANT April 29 , 1986 governed by the Board of Supervisors, ) The copy of s t iUled to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 . and 915.4. Please note all "Warnings". Claimant: Cheryl Sheehan Attorney: William M. McCann McCann & Hassan Address: 1500 E. Hamilton Ave. , No. 104 Hand delivered Amount. Campbell, CA 95008 By delivery to clerk on April 1, 1986 $300, 000. 00 + Date Received: Ap r i 1 1 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: An r i 1 1- 19 8 6 PHIL-BATCH=R, Clerk, ByDeputy rL II. FROM: County Counsel 10: Clerk of the Board of Supervisors (Check only one) ( ) This claim cemplies substantially with Sections 91!0 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: . I . Dated: By: ! Deputy County Counsel III. FROM: Clerk of the Board 10: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors pcwent (() This claim is rejected in full. ( ) Other: I i I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AER 9, 9 1.9& PHIL BATCHMOR, Clerk, By 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 10: (1) County Co:msel, (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. ` 0 NAS PHIL BATCH=R, Clerk, By� i , Deputy Clerk I cxs County Administrator (2) - County Counsel (1) McCann & Hassan ATTORNEYS AND COUNSELORS AT LAW 1500 E. Hamilton Ave., No.104 REY HASSAN Campbell,CA 95008 WILLIAM McCANN (408)377.8787 rNA April 19 1986 '�C,- REFFIVEID APR ; I�86 COUNTY OF �Go�77 PHiLFiATFLCA CLE'r. ARD OHPERVISOR BOARD OF SUPERVISORS - TRAC TACO 651 Pine Street ' Martinez , CA ATTN: CLERK CLAIMANT ' S NAME ; CHERYL SHEEHAN AMOUNT OF CLAIM: See Below ADDRESS TO WHICH NOTICE IS TO BE SENT : McCANN & HASSAN 1500 E Hamilton Ave. , #104 Campbell , CAI 95008 DATE OF ACCIDENT : December 23 , . 1985 LOCATION OF ACCIDENT: Sun Valley Mull City of CONCORD State of California OCCURRENCE: On December 23 , 1985 , Claimant was shopping in the Sun Valley Mall when an airplane crashed through said mall , which crash spude burning aviation fuel and debris throughout the Sun C�sTU Valley Shopping Mall . Claimant contends that the COUNTY OF D negligently and carelessly allolwed and authorized the construction and/or creation of Sun Valley` Mall , knowing from the onset that the location of said mall would be dangerous due to the close proximity to Buchannan Field Airport and knowing the likelihood and/or foreseeability of an alir crash , as described above, from planes using Buchannan Field Airport.,. That as a proximate result thereof , and because of the confusion which said disaster created , claimant was knocked over by another patron of said shopping mall, and was caused to suffer severe bodily injury. DESCRIPTION OF INJURY: Compressed Vertebrae ; Severe Emotional Distress • -s1 , CLAIM: General Damages : Not yet known - in excess of $300, 000. 00 as shown according to proof DATED:— �/3 � b �it� )'0 vY►-- WILLIAM M. M'cCANN , . Attorney for Claimant_ CLAIM BOARD OF SUPMVISDRS OF QNM COSTA MMM, CAL110MIA «\ BOARD ACTION April -29 , 1986 ' Claim Against the County, or bletrict ) NOTICE TO CLAIMANT governed by the Board of Supervisors, ) The copy of s t 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 *turnings". Claimant: William Sheehan Attorney: William M. McCann McCann & Hassan Address: 1500 E. Hamilton Ave. ,#104 Amort: Campbell, CA 95008 By gelYivery toeclerk on April 1 . 1986 $200, 000. 00 + F Date Received: - April 1, 1986 By mail, postmmarked on I. FROM: Clerk of the Board of Supervisors TO: I County Counsel Attached is a copy of the above-noted claim. Dated: Air i 1 1�6 PHIL BATQHMAR, Clerk, By Deputy Cathy knowles II. FROM: County Counsel TO: Jerk of the Board of Supervisors (Check only one) (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to ccmply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 115 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: cG 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). I IV. BOARD ORDER By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I I I certify that this is a true and correct copy of the Board's Order entered in its minuAn fo5 g date. � , Dated: 2 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 1919 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. l 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 Ido 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 29T03• ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. nn DATED: APR .1 0 M; PHIL BATC[MDR, Clerk, By 06. 1�� , Deputy Clerk cc: County Administrator (2) County Counsel (1) McCann & Hassan ATTORNEYS AND COUNSELORS AT LAW 1500 E. Hamilton Ave.,No.104 Campbell,CA 95008 REY HASSAN (408)377-8787 WILLIAM McCANN March 31, 1986 COM/?c Co-)7_,0. COUNTY OF LONE6RD BD. OF SUPERVISORS REC IVED 651 Pine St. APR � 16 Martinez, CA a PHIL BATCHELOR CLERK ARDF UPERVIS ATTN: COUNTY CLERK B 'TRA STQ�. CLAIMANT'S NAME: WILLIAM SHEEHAN AMOUNT OF CLAIM: See Below ADDRESS TO WHICH McCANN & HASSAN NOTICE IS TO BE SENT: 1500 E. Ham i l ton Ave., *104 Campbell, CA 95008 DATE OF ACCIDENT: December 23, 1985 LOCATION OF ACCIDENT: Sun Valley Mall City of Concord State of California OCCURENCE : On December 23, 1985, Claimant was shopping in the Sun Valley Mall when an airplane crashed through said mall, which crash spude burning aviation fuel and debri thorughout the Sun �;��a Valley Shopping Mall. Claimant contends, that the COUNTY OF negligently and carelessly allowed land authorized -the construction and/or creation of Sun Valley Mall, knowing from the outset that the location of said mall would be dangerous due to the close proximity to Buchannan Field Airport and knowing the likelihood and/or foreseeability of an air, crash, as described above, from planes using Buchnannan Field Airport. That as a proximate result of witnessing said collision and barely escaping death and/or severe bodily injury claimant was caused to suffer from severe emotional distress. DESCRIPTION OL I N JURY : Severe Emotional Distress; Anxiety; Restlessness ... --w.acwnenu-.s_s.�a..mn:-..ua.�,.......-........,,...:.-....,...,......._................... _�_:________...._-.____._—._._.._.__.._.L..._...__ __. __ _.... r General Damages Not yet known - In excess of $200,000 as shown according to proof DATED: i 6 WILLIAM M. MICA , Attorney for Claimant -2- CL ADA BOARD OF SUMVI90RS OF CUEU ODSTA OOMMI CALIP�ItNIA BOARD ACTION Claim Against the County, or bi stri ct ) NMCE 70 CLRTMANT April 29 , 1986 governed by the Board of Supervisors, ) The Copy of s t led to you is your Routing Endorsementa, and Board ) notice of the action taken on your Claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, mow), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarnings". Claimant: Anh On, by & through her Guardian ad Litem,Xuyen. Luong, uyen Luong individually, and Anh• On and Xuyen Luong, heirs of Alexander Luong, deceased. Attorney: John E. Skeath Miller & Hinkle Address: 2007 Hest Hedding St. San Jose, CA 95128 Amount: See para. 5 of letter. By delivery to clerk on Date Received: March 31, 1986 By mail, postmarked on March 27 , 1986 Cert.# 484 825 315 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 1, 1936 _PHIL BATCHE[AR, Clerk, By Deputy cz�tfty ow es II. FROM: County Counsel Tni Clerk of the Board of Supervisors (Check only one) (X) This claim complies substantially with Sections i 0 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: I , I Dated: By: I Deputy County Counsel III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator { ) Claim was returned as untimely with notice to cliimant (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present (x) This claim is rejected in full. ( ) Other: I I .I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. { Dated: AN K 1986 PHIL BATCHELOR, Clerk, By ,.Deputy Clerk WAMME (Gov. Code Section 913) Subject to certain exceptions, you have only six 1(6) months Prem the date of this notice was personally served or deposited in the mail to file it oourt action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your Choioe in ,00rr ction with this matter. If you want to consult an attorney, you,should do so ir®ediately. V. FRONT: Clerk of the Board T+O% (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardis 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 n 0 198f)--MM BATC[MDR9 Clerk, By , , Deputy Clerk cc: County Administrator (2). - County Counsel (1) 1 JOHN E. SKEATH 2 Miller 8 Hinkle 2007 West Hedding Street 3 San Jose, California 95128 (408) 296-4216 4 Attorney for Claimant 5 6 In the Matter of the Claim of: 7 ANH ON, an imcompetent person, ) by and through her Guardian ) 8 ad Litem, XUYEN LUONG, ) CLAIM FOR PERSONAL XUYEN LUONG, individually, ) INJURIES 9 and ANH ON and XUYEN LUONG, ) (GOV. CODE §1910) heirs of ALEXANDER LUONG, ) 10 deceased, a minor, ) 11 Claimants, ) - 12 v. ) V -4-,D 13 COUNTY OF CONTRA COSTA, ) N-1 AIR I�6 CITY OF CONCORD, ) 14 CITY OF PLEASANT HILL, ) PHILDATCHELO� STATE OF CALIFORNIA ) CLER OA UCFSUP VISORS OiT COSTA 15v111V� eputy Respondents. ) 16 ) 17 18 Claimants, ANH ON, an incompetent, 1b and through her Guardian ad Litem, XUYEN LUONG, XUYEN LUONG, individually, and ANH ON 19 and XUYEN LUONG, heirs of ALEXANDER LUONG, deceased, a minor, 20 hereby present this claim to the respondents above-named. 21 1 . The address of claimant XUYEN LUONG is 2485 Krueger Drive, 22 Concord, CA, 94520. Claimant ANH ON is currently hospitalized at Alta 23 Bates Hospital in Berkeley, CA. 24 2. The address to which claimants desire notices regarding this claim to . 25 be sent is as follows: JOHN E. SKEATH, MILLER & HINKLE, 2007 West . 26 Hedding Street, San Jose, CA, 95128. 27 3. The date, place, and other circumstances of the occurrence or 28 transaction giving rise to this claim are as follows: On or about 1 December 23, 1985, a Beechcraft aircraft piloted by James Mountain 2 Graham, deceased, crashed into the roof of the shopping center known 3 as the Sun Valley Mall, . located in Contra Costa County, California, and 4 in or near the cities of Concord and/or Pleasant Hill, California. 5 Claimaint ANH ON was shopping in the mall with her 14-month-old son, 6 ALEXANDER LUONG, at the time of the crash. As a result of the fire 7 1 caused by the airplane crash, claimant ANH ON and her son, 8 ALEXANDER LUONG, were severely burned, and ALEXANDER LUbNG 9 died as a result of his injuries several days later. Claimaint ANH ON 10 is, at the time of presentation of this claim, still undergoing treating for 11 her injuries at Alta Bates Hospital in Berkeley, California. 12 II Claimants believe and therefore allege, that their injuries and the 13 death of ALEXANDER LUONG were caused proximately, in whole or in 14 part, by the negligence or otherwise improper conduct of officials, 15 employees, or agents of respondents COUNTY OF CONTRA COSTA, 16 CITY OF CONCORD, CITY OF PLEASANT HILL, and STATE OF 17 CALIFORNIA, whose names are not presently known to Claimants,, in 18 allowing, permitting, authorizing, or otherwise approving the design, 19 installation, occupancy, construction and building of the shopping center 20 known as the Sun Valley Mall in such close proximity to a public airport 21 as to make it reasonably foreseeable that aircraft using the airport would 22 crash into the mall, thus endangering the lives of innocent parties. 23 Claimants further believe and allege that respondents, and each of 24 f them, may have negligently-, carelessly, recklessly or otherwise 25 wrongfully owned, operated, maintained and controlled the airport 26 known. as Buchanan Field, and that such negligence or other wrongful 27 conduct. was a proximate cause of the airplane crash on or about 28 December 23, 1985, and claimants' resulting injuries. 1 4. As a proximate result of the negligence or otherwise improper 2 C conduct of the respondents and/or their officials, agents, or employees, 3 claimants have been severely injured. The injuries sustained by 4 claimaint ANH ON so far as are known at the present time consist of. 5 l severe burns over the greater portion of her body. The injuries 6 sustained by claimant XUYEN LUONG, claimant ANH ON'S husband, 7 8 consist of the loss of. his wife's society, care, comfort, and affection. 8 The injuries sustained by ALEXANDER W NG consist of severe burns which resulted in his death several days after the accident. 10 5. At the time of presentation of this claim, the special damages 11 sustained by claimants are unknown. Suchdamages include, but are not 12 limited to, medical bills, wage loss, pIlroperty damage, and other 13 out-of-pocket expenses. General damages in the amount of 14 $500,000,000.00 for claimant ANH ON, $100,000,000.00 for claimant 15 XUYEN WONG and $10,000,000.00 for claimants ANH ON and XUYEN 16 LUONG for the death of their son, ALEXANDER LUONG, are also 17 claimed. 18 19 DATED. I 20 VOVN E SKE H orney for Claimants 21 22 23 24 25 26 27 28 PROOF OF SLRVICE BY MAIL . • STATE. OF CALIFORNIA ) ) ss. 2 COU14TY OF SANTA CLAM) 9 I aro a citizen of the United States and a resident of the 4 County aforesaid; I aro over the age If eighteen years and not 5 a party to the within entitled actions my business address is 6 2007 W. Hedding Street, San Jose, CA 95128 . 7 On March 26, 1986 , 19 , I served the within 8 Claim for Personal Injuries (Gov. Code Section 91Q) 9 { 10 11 on the Respondents 12 in said action, by placing a true copy thereof enclosed in a 13 sealed envelope with postage thereon fully prepaid, in the 14 United States mail at San Jose, California, addressed as follows: 15 Contra Costa County City of Pleasant Hill Clerk of the Board of Supervisors City Attorney's Office 16 P.O. Box 911 Attn:l Beth Norton Martinez, California 94553 3300 North Main Street 17 Pleasant Hill , California 94523 18 City of Concord State of California 19 City Clerk State Board of Control 1950 Parkside Drive 926 "J" Street, Suite 316 Concord, California 94519 Sacramento, California 95814 20P 21 22 23 I certify under penalty of perjury that the foregoing. is 24 true and correct. Executed on Marich 26, 1986 at 25 San Jose, California. 26 27 28 ELIZkBETH R. NEEL PROOF OF SERVICE BY MAIL (i1013a, 2015.5 CCP) CL" EDAM OF SOPERVIM Or Ca OOS?A COU"M can"NIA . , BDARD ACTION maim Against the County, or bi stri et ) V IPICE 10 CLd MMW Ap r i 1 29 , 198'6 governed by the Board of Supervisors, ) The copy o s t led to you is your Routing Endorsements, and Board ) notice of thelaction taken an yow 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 UWarnings". Claimant: Diane Evans Attorney: Address: 1738 Clinton Drive Concord, CA 94521 Hand delivered Amount: $50, 000. 00 By delivery to clerk on March 31 , 1986 Date Received: March 31 , 1936 By mail, postmarked an I. FROM: Clerk of the Board of Supervisors 10:1 County Counsel Attached is a copy of the above-noted claim. i Dated: Ap r i 1 1 , 1986 PHIL BATCMM, Clerk, By Deputy II. FROM: County Counsel 10:' 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: I I 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). 1 IV. BOARD ORDER By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I I I I certify that this is a true and correct copy of; the Board's Order entered in its minutr2 oor, this date. Dated: AN �yt�ii�o PHIL BATOMOR, Clerk, By , , -Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have achy six (6) months Aram 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 shouldldo 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 to claimant. DATED: QP��3�i4,��_PHIL BATCHMDR, Clerk, By , Deputy Clerk 001 County Administrator (2) - County Counsel (1) Ca RECEIVED MAR 31 1985 . z• is PHIL BATCHELOR &CLER OA NT CIF OSUPECR SOBS e puny CLAIM OF DIANE EVA NS CLAIM FOR PERSONAL INJURIES VS. COUNTY OF CONTRA COSTA TO: THE CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA YOU ARE HEREBY NOTIFIED that DIANE EVANS,' whose address is 1738 Clinton Drive, Concord, California, 94521 , claims damages from the County of Contra Costa in the amount computed as of the date of presentation of this claim of $50, 000. 00. This claim -is based on injuries sustained by Claimant on or about December 23, 1985, at the Sun Valley Shopping Mall when Claimant was struck and injured by debris and gasoline resulting from the airplane crash at the Macy' s Department Store on said date. The injuries sustained by Claimant, as far as are known as of the date of presentation of this claim, consist of neck and back injuries and emotional distress caused by psychiatric j f trauma. The amount claimed as of the date of presentation of this Claim is computed as follows: Medical Expenses (Approximate) $ 3,000. 00 Wage Loss (Approximate) $ 500. 00 General Damages $46,500. 00 TOTAL $50, 000. 00 All' notices or other communications with regard to this Claim should be sent to Claimant at 1738 Clinton Drive, Concord, California, 94521. DATED: March 31, 1986 DIANE EVANS i -4 CLAN BOARD OF SU VISORS OF CONTRA COSTA COl'1NTt, CALIPORI�IA Ex-Officio as the Governing Board of Contra Costa County BOARD ACTION Consolidated Fire District April- 29 , 198.6 Claim Against the County, or District ) NOTICE TO CLADOWT governed by the Board of Supervisors, ) The copy of 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 N. below), to California Government Codes ) given pursuantlto Government Code Section 913 and 915.4. Please note all "Warnings", Claimant: Macy' s California Attorney: Daniel M. Crawford Carroll , Burdick & McDonough Address: One Ecker Bldg. , Ste. 400 San Francisco, CA 94105 Hand delivered Amount: Unspecified By delivery to clerk on &r i 1 1 . 1986 Date Received: Ap r i 1 1, 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: April 1, 1986 PHIL BATCHIIAR, Clerk, By Deputy Ca v Kn wles 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 1.110 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 ellaim on ground that it Was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: I , 4 Dated: By: Deputy County Counsel h III. FROM:. Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to elailmant (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I I . I certify that this is a true and correct copy of the d's Order entered in its minutes for this date. Dated: APR 2 2-1986 PHIL BATCFMOR, Clerk, By , Deputy Clerk WARNIM (Gov. Code Section j913) Subject to certain exceptions, you have only six (i6) 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 choioe in oonneetion with .this matter. If you want to oonsult 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 notifiled the claimant of the Board's action on this claim by mailing a copy of this document,1and 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 i present a late claim Was mailed to claimant. DATED: „ ,, ,eoG PHIL BATCMDR, Clerk, By i , Deputy Clerk ec: County Administrator (2) Canty Counsel (i) rTJkTM TO: BOARD OF SUPERVISORS OF CONTRA CON*rMNyappfication to: Instructions to ClaimantC!erk of the Board Martinez,California 94553 A. ' Claims relating to causes of action for death or for injury to person or to personal property or growing I 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 tre accrual of the -cause of action. (Sec. 911.21 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. 1 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 )Re sery d g tamps Macy' s California ) RECEI�1 j APR 1986 Against the COUNTY OF CONTRA COSTA) d 1-0 AK ©ATCH LOA ) LCL RAC TIC. ORS 1 or CONSOLIDATED .FIRE DISTRICT) F1 in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time and in support of this claim represents as follows: ---------------------------z--------------------------------------- l. When did the damage or injury occur? (Give exact date and hour] December 23 , 1985, at approximately 8 :30 p.m. ---------- T----------------T- ------ occur?--------(I-----clude------city---and--------county)----- - 2. Where did the damage or in3ury � Sun Valley Shopping Center, City of Concord, County of Contra Costa 3r How did the damage or injury occur? (Give full details, use extra sheets if required) A Beechcraft Baron aircraft crashed into the roof of Macy' s at Sunvalley Shopping Center, killing the pilot, his passengers and several shoppers in the Mall Approximately 80 people were 4. -What o articular act or omission on the a p pert of county or district officers, servants or employees caused the injury or damage? The county, the district and its servantis and employees negligently constructed, maintained, operated and/ori managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. ATTACHMENT CLAIM BY: MACY'S CALIFORNIA . 6. This is a claim for complete and partial indemnity for any recovery- against this claimant that may be had by the following parties listed in Exhibit A (attached) arising out of the accident that occurred on December 23 , 1985. By providing the attached list of potential plaintiffs, claimant does not limit this claim to indem- nity to only these persons named. Rather, this claim for indemnity applies to any damages for any claims made against Macy' s on behalf of any per arising out of this accident. Several plaintiffs have already filed suit against Macy' s and Macy' s anticipates suits will be filed by the persons listed and here may be other persons not listed who may file suit as a result of this accident. This is a claim for compllete and partial indemnity for any and all suits arising from the accident. MACY'S SUN VALLEY MALL CRASH Kaify, Mohamed Lang, Richard Larsen, Pat Lewis, Mack t Lodge, Christina Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, .Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David MACY'S SUN VALLEY MALL CRASH Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph t Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony Ulu MACY'S SUN VALLEY MALL CRASH - Y u f Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward i Seiffert, Gregory Sellars, Patricia . Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FNU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew CLAM BOARD OF SUPERVISORS OF CNM O=A OOMM9 CALMNIA BARD ACTION Claim Against the County, or District ) NOTICE TO CL AIMM Ap r i 1 29 , 1986 governed by the Board of Supervisors, ) The copy of s ument maileoi 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 S':ipervisors (Paragraph IV, below), to California Government Codes ) given uantlto Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Macy' s California Attorney: �M. Crawford Carroll, Burdick & McDonough Address: One Ecker Bldg. , Ste. 400 San Francisco , CA 94105 Hand delivered Amount: Unspecified By delivery to clerk on April 1, 1986 Date Received: April 1, 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors 70: all Counsel Attached is a copy of the above-noted claim. Dated: April 1, 1986 PHIL BATCHELOR, Clerk, By Deputy y no 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. (x) This claim FAILS to comply substantially With Sections 910 and 910.29 and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return cllaim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: I - I Dated: 4 17, 71e6 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 clad t (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present ( k) This claim is rejected in full. ( Other: I I certify that this is a true and correct copy of1the Board's Order entered in its minutes for Is date. Dated: A r 2 9 1 PHIL BATCHELOR, Clerk, By LE, , 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 should1do 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 claimantts right to apply for leave to present a late claim was mailed to claimant. DATED: APR 3 01986 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) TO: BOARD OF SUPERVISORS OF CONTRA COAFAAP�Ppiicationto: r Instructions`-to ClaimantC!erk of the Board Martinet,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 of this form. RE: Claim by )Reserved for Clerk's filing stamps Macy' s California ) RECEI ED Against .the COUNTY OF CONTRA COSTA; APR 1986 or DISTRICT) � 1� EOo L(3ATCHE OR (FillIn name ) ACL R �TRACC TAnc C 41SOR$ �:� ,; ,, The• undersigned claimant hereby makes claim against the! Coun—ty--oT Contra Costa or the above-named District in the sum of $ undetermined at this time and in support of this claim represents as follows: ---------------------------T------------------------------- 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 --------------- occur ? (Include city and county) Sun Valley Shopping Center, City of Concord, County of Contra Costa 3. How did the damage or injury occur? (Give full details use extra sheets if required) A Beechcraft Baron aircraft crashed into the roof of Macy' s at Sunvalley Shopping Center, killing the pilot, his passengers and several shoppers in the Mall. Approximately 80 people were also injured_ - 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. I . ATTACHMENT CLAIM BY: MACY' S CALIFORNIA 6. This is a claim for complete and partial indemnity for any recovery against this claimant that may be had by the following parties listed in Exhibit A (attached) arising out of the accident that occurred on December 23 , 1985. By providing the attached list of potential plaintiffs, claimant does not limit this claim to indem- nity to only these persons named. Rather, this claim for indemnity applies to any damages for any claims made against Macy' s on behalf of any persons arising out of this accident. Several plaintiffs have already filed suit against Macy' s and Macy' s anticipates suits will be filed by the persons listed and there may be other persons not listed who may file suit as a result of this accident. This is a claim for complete and partial indemnity for any and all suits arising from the accident. MACY'S SUN VALLEY MALL CRASH - Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph l Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony MA.CY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard- Larsen, Pat Lewis, Mack Lodge, Christina Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann _ Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, 'Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David l MACY'S SUN VALLEY MALL CRASH + 1 r -Sadler, Kelly. Sadler, Pamela Sadler, Sabrina Santos, Edward i Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FNU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew - �b CLUM BOARD OF SOPERPI90RS OF MPPR COSTA COI)N'1'Y, CAL11UNIA BOARD ACTION Claim Against the County, or bistriet ) pOTICE Z+0 Ap r i 1 29, 1986 governed by the Board of Supervisors, ) The copy of s ument miled 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: Macy' s California Attorney: Daniel M. Crawford Carroll, Burdick & McDonough Address: One Ecker Bldg. , Ste. 400 San Francisco, CA 94105 Hand delivered Amount: Unspecified By delivery to clerk on April 1,_ 1986 Date Received: Ap r i 1 1, 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: April 1, 1986 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel TO: I er a Board of Supervisors (Check only one) ( ) This claim complies substantially :with Sections 910 and 910.2. This claim FAILS to c®ply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 11 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: I I - Dated: By: Deputy County Counsel- III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I - I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.. Dated: A P R 1985 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 1913 Subject to certain exoeptions, 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 chofoe in connection with this matter. If you want to consult an attorney, you should1do 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 lea ve to present a late claim was mailed to DATED: A�tT986 PHIL BATCMDR, Clerk, By 4� , Deputy Clerk cc: County Administrator,, (2) County Counsel (1) O; BOARD OF SUPERVISORS OF CONTRA CC**A Yapp4icationto: Instructions to CliimantC!erkotthe Board Martinez,Califomla 414553 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 oT this form. ***��*::f**:,��:*r����r**,�***�r�rf�r:�*��***•**:****�r:**���**�**��**torr**�*:�* RE: Claim by )Reserved gg Cler ' tamps Macy' s California ) RECEIVED ) Against the COUNTY OF CONTRA COSTA) APR 1986 2--o fff PH:L DA CHELOR or BUCHANAN FIELD AIRPORT DISTRICT) CLER OARD F UPERVISOR �I ,,pp NIRA SA G (Fillin name The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time and in support of this claim represents as follows: l. When did the damage or in3ury 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 ) i Sun Valley Shopping Center, City of' Concord, County of Contra Costa 3. How did the damage or injury occur? (Give full details, use extra sheets if required) A Beechcraft. Baron aircraft crashed intolthe roof of Macy' s at Sunvalley Shopping Center, killing the pilot, his passengers and ,several shoppers in the Mall. Approximately 80 people were alsoinjured__-------- ( --------------------- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or !managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. ATTACHMENT CLAIM BY: MACY'S CALIFORNIA 6. This is a claim for complete and partial indemnity for any recovery against this claimant that may be had by the following parties listed in Exhibit A (attached) arising out of the accident that occurred on December 23 , 1985. By providing the attached list of potential plaintiffs, claimant does not limitithis claim to indem- nity to only these persons named. Rather, this claim for indemnity applies to any damages for any claims made ' against Macy' s on behalf of any persons arising out of this accident. Several plaintiffs have already filed suit against Macy' s and Macy' s anticipates suits will be filed by the persons listed and there may be other persons not listed who may file suit as a result of this accident. This is a claim for complete and partial indemnity for any and all suits arising from the accident. MAY'S SUN VALLEY MALL CRASH - 'Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony I A I MACY'S SUN VALLEY. MALL CRASH - Kaify, Mohamed r Lang, Richard Larsen, Pat Lewis, Mack t Lodge, ,Christina Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David i MA«Y'S SUN VALLEY MALL CRASH - Sadler', Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Shepgie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FNU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew i BOARD OF SMVISORS OF CURD COSTA C WW. CALII�ORl�IA WARD ACTION Claim Against the County, or bistriet ) NOTICE 70 CLRBORP Anril 29 , 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 on your claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code section 913 acid 915.4. Please note all "WAMings". Claimant: Larry Prosper Attorney: Address: 3718 Hillsborough Concord,. CA 94520 Amount: $590. 00 By delivery to clerk on Date Received:14ar ch 31, 1986 By mail, postmarked on March 27 , 1986 I. FROM: Clerk of the Hoard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated.: April 1. 1986 PHIL BATCHELOR, Clerk, By LADeputy Ca Y Knowles II. OM: County Counsel 70:' Clerk o the Board of Supervisors Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. I ()4) This claim FAILS to eamply substantially with Sections 910 and 91.0.2, 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). l ( ) Other: a I I Dated: /O) By:4 Deputy County Counsel III. FROM: Clerk of the Board 70: (1) unty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to cl limant (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present ( � This claim is rejected in full. ( ) Other: I i I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: APR 2 9 19BY PHIL BATCHELOR, Clerk, By I K , 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 thio utter. If you want to oonsult an attorney, you should1do 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 Boardis 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: � 1986 PHIL BATOMDR, Clerk, By �' o� ; , Deputy Clerk CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CO r�S iTl application to: Z Instructions to Claimant Clerk of the Board - P.0.Box 911 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 tihe . 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 governedby 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 9ys�; RECEIV . 3]/ f 04.01/ Against the COUNTY OF CONTRA COSTA) MAR 1986 or DISTRICT) (� P�141ALpk lyT (Fill in name) ) R. e �... A. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ '3 �o. 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 damage or injury occur? (Include city and county) ---------------- ------------------------------------------------------ 3. How did the damage or injury occur. Give full details, use extra sheets if required) � ���Pf�--//►�. YI�L/�,Tj��/ � �,5� 1-,�1✓` �f�s /{� cies o h �_ ---- - I --- --- -- 4. What particuiar act or omission on thepartofcounty or district officers, servants or employees caused the injury or damage? � Tram• f,,�. � � -X AAs �,/to - ,YAO yv JUVENILE DELINQUENCY Similalrly; medical treatment of a minor's physical in- juries and care of a mentally retarded minor come within Father Need Not Pay Support the parent's support obligation, and statutes providing for For Juvenile Son In Custody parental liability to r�.jruburcn,governmental agencies pro- viding such treatment and care have been upheld against Cate as 84 Daily Journal D.A.R. 1473 claims of denial of equal protection. (In re Dudlev (1%6)239 __ Cal.App.2d 401, 404 ct seq.; County of Alameda v. Kaiser (1965)238 Cal.App.2d 815,817-818.) In re JERALD C.,a Person Coming Under the.►uvenile However, relative responsibility statutes have been In. Court Law. validated when the government charges were not for sup- COUNTY OF SANTA CLARA, port which the relative refused or failed to provide but for Plaintiff and Respondent, the cost of maintaining public institutions for public benefit. "A stilatute obviously violates the equal protection clause If It selects one particular class of persons for a HIRAM G., species of taxation and no rational basis supports such 's Defendant and Appellant, classification. (Citations.) Such a concept for the state's S.F.24392 taking of a free man's property manfestly denies him equal ' (Super.Ct.No.64723) protection of the law." (Dept. of Mental Hygiene v. Kir- (Super. (1964) 60 Cal.2d 716, 722'^3-11=11 380 U.S. 194; THE SUPREME COURT OF CALIFORNIA subsequent opn.62 Cal.2d 586); see Myles Salt Co. v. Board Filed April 201984 of Com(1916)239 U.S.478,484.485; Norwood v. Baker(1898) 172 U.S.269, 279 et seq.; Furey v.City of Sacramento (19.79) t The father of Jerald C., a minor, appeals from an order 24 Cal.3d 862, 874-875; Dawson v. Town of Los Altos Hills ^;c'.rin i�r.�7r:e^e*t tp the County of 'rant (Tara fcr (l`a76? 1fi1Cal,3d fi7fi. 58�.? Such tt�ittntinn on the envern- " g r=-.. the costs of the care and support of Jerald while In custody. ment's ability to raise money has Oeen :raced to the Magna Jerald was declared a ward of the court pursuant to Carta and the Petition of Right. (See tenBrock, California's :,. • ; Welfare and Institutions Code section 6021 and was placed In Dual System of Family Law: Its Origin, Development,and ' custody at juvenile hall and boys ranch:He was subsequent- Present Status, Part III (1965) 17 Stan. L. Rey. 614. 643.) To ly committed to the California Youth.Authority.The county charge thIe cost of operation of state functions conducted for sought reimbursement under the provisions of section 903 at public benefit to one class of society is arbitrary and the rate of$265 per month for juvenile hall and boys ranch violates the basic constitutional guarantee of equal protec,- custody for periods prior to September 1980, at the rate of tion of the law.(Id.,at p.639.) $33 per day for 33 days in juvenile hall in October and In accordance with this fundamental principle, it has November 1980, and at the rate of $25 per month for the. been recognized that parents may not be charged for costs subsequent commitment to the California Youth Authority. when adult children are incarcerated in prison or commit- After a hearing, appellant was ordered to pay the above ted to state hospitals for the dangerous. Nor may adult amounts at the rate of$100 per month. children The charged for such incarceration or commitment Section 903 provided: "The father, mother, spouse, or of their ,parents. The cases have reasoned that when in- other person liable for the support of a minor person, the carceration or commitment is for the protection of society, estates of such persons,and the estate of such minor person, it is arbitrary to assess relatives for the expense. (Dept. of shall be liable for the cost of his care, support, and Mental llygiene v. Kirchner, supra, 60 Cal.2d 716, 719-7,20; maintenance in any county Institution in which he is placed, Department of mental Hygiene v. Hawlev (1963) 39 Cal.2d , detained,or committed pursuant to the order of the juvenile 247, 251 ct seq.; Department of Mental }lcgicne v. Bank of court, or for the cost to the county in which the juvenile America(1970)3 Cal.App.3d 949,950 et seq.i court making the order.is located, of his care, support, and In Kirchner the court explained: "Recentl% in Depart- maintenance 1n any other place In which he is placed, de- ment of Mental Hygiene v. Hawley (1963) 59 Ca)_2d 247 (28 tained, or committed pursuant to the order of the juvenile Cal.Rpir. 718, 379 P.2d 22), the department, reiNing upon court. The liability of such persons (in this article called this same section 6650,attempted to collect from a father for relatives)and estates shall be a joint and several liability."3 the costof care,support and maintenance in a state hospital Statutes renuirtre regnonslblp relatives to reimburse for the mentally ill or insane of his son who had been charg- governmental agencies for support have been sustained edu•ith crime,but bciore trial of the criminai issue (anu ob- against claims of denial of equal protection. In Swoap v, viouslylwithout adjudication of that issue) had been found Superior Court (1973) 10 Cal.3d 490, this court upheld by the court to be insane and committed to such state statutes requiring responsible adult children to support hospital, We there held ((pp'. 255.256 (6)1 that '(tihe enact- needy or poor' elderly parents and providing that the ment and administration of laws providing for sequestration children must reimburse the staLc jor support provided by it to the parents.Pointing out that a long tradition of law and a measureless history of societal custom had established the duty of adult children to support :heir poor parents, the court concluded that the duty imposed by the statutes bears a rtional relationship to the accomplishment of the state puXose of relieving the public treasury and that the statutes do not arbitrarily charge one class of society for the cost of public assistance.(10 Cal.3d at pp.502-507.) In re Ricky H. (1970) 2 Cal.3d 513 upheld a statute re- quiring parents to reimburse the state for the costs of counsel In juvenile proceedings• Pointing out that legal assistance essential to protect and preserve the minor's con- stitutional rights comes within the parental support obliga- tion,the court concluded that imposition of parental liability for counsel fees cannot be characterized as arbitrary,or a4` denial of equal protection. (2 Cal.3d at p.518 et seri.) 7­�­iktmgtment of persons in appropriate state institutions— cost of maintaining the state Institution.Including provision I subject of course, to the consitutional guaranties -- who of adequate care for its inmates, cannot be arbitrarily would endanger themselves or others It at large is a proper' charged to one class in the society; such assessment state furiction; being so, it follows that the expense of pro- violates theequal protection clause."(60 Cal.2d at p.720.) viding, operating and maintaining such institutions should While It Is true that section 602 proceedings are not (sqbject to reasonable exceptions against the Inmate or his technically crImInaI4 and commitment n-dtment of a juvenile under estate) be home by the state.' (italics added.) We further the section isnot for the purpose of punishment or a convic- held that recovery could not constitutionally be had against tion(Sec.203; In re Eric J.,supra,25 Cal.3d 522,s31-532; In the father of the-.committed patient. This holding is re Al Ine JD.,'iupra,-14 Cal.3d 557, 567), It Is apparent from dispositive of the issue before Us.Whether the commitment Kirchner and Hawley that these are not determinative fac. is incidental to an alleged violation of penal statute, as in tors.Kirchner involved commitment of a mentally ill person Hawley,or is essentially a civil commitment as In the ins- who wasineither charged nor convicted of crime; although tat case, the purposes of confinement and treatment or In Hawley the child was charged with crime, the criminal care In either case encompass the protection of society from proceedings were suspended at the time of commitment, the confined person, and his own protection and possible there was no conviction, and confinement was not for the reclamation as a productive member of the body politic. purpose �of punishment. As was true In Kirchner and Hence the cost of maintaining the state institution,Including Hawley, commitment under section 602 Is not for the pur- provision of adequate care for Its Inmates, cannot be ar- pose of p�ovldlng support and maintenance for the commit- b1trartly charged to one class in the society; such assess- ted person' but for the purpose of protecting society. ment violates,the equal protection clause." (Department of The county seeks to distinguish Kirchner and Hawley on Mental Hygiene v.Kirchner,supra,60 Cal.2d at pp.719-720.) the ground that the obligation te support a rilnor ch"I'd is a Whatever the basks for other commitments by the common law obligation whereas the obligation to support �an .'� _ juvenile court (see Sec: 300, 601), the purposes of the con- adult child or parent Is a statutory obligation.,However,the finement and treatment in commitments pursuant to sec- duty to reimburse for support and maintenance Imposed by tion 602 Include"the protection of society from the confined section 903 goes beyond the common law duty codified in person."(Dept. of-Mental Hygiene v. Kirchner, supra, 60 Civil Code section 207. Under the later code section the o Cal.2d at p.720:) liability of parents to reimburse third parties who provide The basis f commitment under section 602 Is criminal support applies only where a parent"neglects" to provide conduct. The section provides: "Any person who is under support,and there Is no liability to private parties when the the age of 18 years when he violates any law of this state or child abandons the parent without-cause. (Civ, Code, Sec. of the United States or any ordinance of any city or county of 208.)Section 602 commitments are not based on a refusal or this state , defining crime other than an ordinance failure to'Provide support. Ordinarily the parents are will. establishing a curfew based.solely on age is within the Ing to provide support, but the state by taking custody has jurisdiction of the juvenile courts which may adjudge such deprived them of the opportunity to provide the ordinary person to be a ward of the court." support of their child. Section 202 as amended in 1976 and 1977 established the In seeking reimbursement of expenses incurred In sec. purposes of commitment, stating that protection of the tion 602 commitments,the county is not seeking recovery of tu' public must be considered with the minor's welfare. That experidlres for support of the minor, but expenses for con. section reads: "(a)The purpose of the chapter Is to secure finement for the protection of society. Although parents of for each minor under the jurisdiction of the juvenile court children committed under section 602 are thereby relieved, such care and guidance,preferably In his own home,as will of their ordinary burden of support,the reimbursement pro- serve the spiritual,emotional,mental,and physical welfare vision of section 903 Is not based on such burden but upon the of the minor and the best interests of the state:to protect the governmental cost of confinement.And it Is apparent from public from criminal conduct by minors; to impose on the the reimbuIrsement sought In the Instant case that the minor a sense of responsiblUty for this own acts; to preserve and strengthen the minor's family ties whenever possible, charge were not limited to the reasonable cost of support In a home but included confinement costs. removing him from the custody of his parents only when Moreover. common law and statutory origin furnish no necessary for his welfare or for tht safety and protection of basis for thel urged distinction because the statutory duty to the public; and, when the minor is removed from his own provide support for needy parents and adult children has ex. family, to secure for him custody, care, and discipline as Isted for so long.As pointed out In Swoap v.Superior Court, nearly as possible equivalent to that which should have been supra, 10 C I al.3d 490, It "is abundantly clear that children given by his parents. This chapter shall be liberally con- have generally been subject,lo a duty to support poor strued to carry out these purposes. ( ) (b) The purpose of parents for�a very long time, indeed. It is true, as stated in this chapter also Includes the protection of the public from Kirchner and Boss, that there was no such duty at common the consequences of criminal activity, and to such purpose law.Nevertheless,the duty Is deep rooted and of venerable probation officers,peace officers, and juvenile courts shall ancestry; it!can be traced back over almost four centuries take into account such protection of the public In their deter- to the year 1601, when It emerged as part and parcel of the minations under this chapter"(Italics added.) ElIzabethani Poor Law. (43 Eliz. 1, ch. 2, Sec. vi (1601).)" The purpose of juvenile commitment proceedings "to Professor teInBroek has clearly demonstrated that legal protect the public from criminal conduct by minors" (Sec. liability of relatives(imposed by the Elizabethan Poor Law) 2D2) rehabilitation, and treatment (In re Eric J. (IM) 25 was designed to indemnify the public and to minimize Its Cal-3d 522,531-532; In re Aline D. (1975) 14 Cal.3d 557,567) costs In relieving the poor.' (tenBroek, supra, 16 brings the commitment squarely within the rule of Stan.L.Rev.'257,283.) Kirchner.'"(T)he purposes of confinement and treatment or "This duty,codified in California in IM as section 206 of care.. .encompass the protection of society from the con- the Civil Code in language remarkebly similar to the fined person, and his own protection and possible reclama- Elizabethan IPoor Law, has existed unchanged until the re- tion as a oroductive.momhor nf tho hndv V011tic. Hence the cent 1971 amendment. (See In.4.ante.)The purpose of such legislation Is Identical to that underlying the Elizabethan, Poor Law: 'It has been stated that the"main purpose of the ji statutes seems to be to protect the ptiblic from the burden of d.p�fiction."(In re Gregory K.(1980)A Cal.App.3d 164,168.) .supporting people who have children able to support them," and everle (Duffy v. Yordl, supra, 149' Cal. at P. 142 (citation).' re o de b in parents, ente�personthor atherepaore person Gluckman v. Gaines (1968) 266 Ca1.App.2d 52, 54 (71 not able to worke,beinge of a sufficient abilitie,shall at their owne Cal.Rptr.795)X'(10Cal.3datpp.502.503.) Chardges relelve and maintain everte suche poore person, In that As in Swoap, the long tradition of law and history of manner and accordinge to that rate,as by the Justices of the Peace eocletal custom of a duty to support poor adult children and of that Countie where suche sufficient persons dwell,or the greater parents must be deemed the substantial equivalent of the number p them, at their general hemQuashall fo teltons shad twenty shilling upon paine that everie one of them shall farfelte twenty ahWtng common law duty to support minor children. The duties for everle monthe which they shall falle therein.' Wn. omitted.) may not be distinguished In terms of the state's right to (tenBroek, Catifornia's Dual System of Family Law: its Orion, reimbursement. On the one hand the state, in accordance Development,sad Preeeot status,Put 1(1964)16 Stan.L.Rev.257, with Swoap, may obtain reimbursement for support l allowances paid to or for minors.On the other hand the com- mon benefits to the parents.The state's purpose and the benefits law duty to support minor children does not authorize benefits are for soviet the state to recover the costs of confinement imposed for the provided Red are equal y generally. protection of society and the minor and his rehabilitation. 1 g eq 1 protection challenges, three Court of Under Kirchner those costs may not be recovered when an Appeal decisions have upheld the right of the county to ob. adult is confined for the protection of society, and they may taro reimbursement from the parents of a minor committed under section 602. (In re Steven S. (1981)122 Cal.App.3d 683, not be recovered when minors are placed In custody for the 685-687*y f In re Shaleb (1967) 250 Ca1.App.2d 553, 556 et seq; protection of society. Count o p It Is urged that while the county may not recover the Alameda v. Espinoza (1966) 243 Cal.App, 2d 534 costs of confinement and treatment, it shoidd he permitted 541-544.) The cases sought to distinguish Kirchner and -- to recover costs incurred In supporting and maintaining the Hawley on the grounds that the purpose of commitment is juvenile based on the parental common law duty and cases substantially different from the purpose of commitment of upholding responsible relative statutes In other situations. an adult and that the obligation of a parent to support aminor child is a common law obligation,not a statutory one. Even assuming that it is economically feasible to segregate However neither reason warrants a distinction. As the types of costs borne by the Institutions and to allocate In I a reasonable manner a portion of the costs to each juvenile, demonstrated above, the purpose of the juvenile commit. we must reject the proposed allocation for the following ment under section 602 includes protection of the public, reasons. The allocation would be equally possible in the rehabilitation,and treatment--the same purposes Involved Kirchner and Hawley situations,but neither case permitted In K(rc,hmr and Hawley—and the statutory duty to support the allocation, anti.the allocation would Involve partial needy parents and adult children has existed for so long as repudiation of well-settled principles of law.As pointed out to preclude distinction based on common law and statutory above, the section 903 reimbursement goes beyond the origin. above, as contrary to the views expressed above,In parental duty of reimbursement imposed by section 207 re Steven S., supra, 122 Cal.App.3d 683, In re Shaieb, supra, because there Is no reason to believe that absent commit- 250 CaLApp.2d 553, and County of Alameda v. Espinoza, . ment the parents would refuse or fail to provide the support stipra,243 Cal.App.2d 534,are disapproved. themselves.The purpose of the section 602 commitment Is to The order appealed from is reversed. exercise control over the juvenile for the benefit of society. BROUSSARD,J. The state's purpose is not to provide support and WE CONCUR: maintenance as was true in Swoan v.Superior Court,supra, BIRD,IC.J. 10 Cal.3d 49 (welfare payments), In re Ricky I H., supra, 2 MOSKE J. Cal.3d 513(attorney services),and In re Dudley,supra,239 Cal APP-2d 401 (medical care). CONCURRING OPINTION BY KAUS,J. Our conclusion that the county may not recover Its costs does not mean that parents will be unjustly enriched.One of This litigation has been pending far too long. Since the the greatest misfortunes a parent may suffer is the in. fault is'chiefly,if not exclusively,mine,I shall try to help us carceration of offspring for crime. To imply that the close the book on this case by being brief. avoidance of support obligation balances or exceeds such When the court filed its first opinion,I felt that it painied misfortune would betrary a misguided sense of values. In. with toxo broad a brush.i said so In a concurring and dissen- carcerating the child,the state neither intends nor provides ting opinion in which I was joined by Justice Reynoso.I still feel the same way.My baslc theory Is this: it is undeniable 1.Unless otherwise Indicated, all section references are to the that equal protection principles do not permit us to saddle a Welfare and institutions Code. tiny segment of the public with the cost of protecting society 2.Jerald was born out of wedlock in 1965,and appellant was ad- from persons who, for one reason or another, must be con- judicated the father in 1967 and was ordered to pay&50 per month tined in Institutions.Yet If such a person has someone who is child support.The support order h.,$not been modified.Appellant is legally responsible for supporting him with the necessaries married,and he and his wife have children. of life 1 food, clothing, shelter— I see no reason why the 3. After we granted a rehearing in this case, the Legislaturestate cannot charge the responsible party for whatever he rewrote section 9o3 and amended section 202. (Stats.1993,ch.1135, saves by not having to support the person"on the outside." Sec.1-3,p.—)The new legislation is not applicable to this case. The plurality suggests that such a scheme"would betray a Although the record is not clear,the$25 charge by the county misguided sense of values.Perhaps so,but it Is not for us to while the child is committed to the Youth Authority is apparently an make value judgments concerning legislation which passes attempt by the county to recover the$25 it must pay to the state for constitutional muster.1 each month that the child is committed to the Youth Authority.(Sec. It Iwas may original belief that we already had such 412.)If so.it would seem that the cost is a confinement rather than Y g Y support cost, legislation on the books and that all we had to do was to re- mand these proceedings to the trial court to determine 4.Recently the Court of Appeal acknowledged the"widely held whether the county was attempting to charge Jerald's belie!" that under current practices juvenile court proceedings under section hoz are in reailty criminal proceedings, and that the father for costs which exceeded the reasonable value of his claim that such proceedings are for the protection of thA,minor is i.t. . Parental obligation — In other words, whether the father we should not attempt to bend the statutory frac was being charged for the cost of lncarcerption. i have, plicabie to this case into constitutional shape, however, concluded that the problem is far more com- should leave the Legislature to address sever; i . plicated — substantively and administratively —and that questions in light of the constitutional principles{ the applicable statutory scheme does not lend Itself to an ief- ficient segregation between those costs which, may Accordingly,I concur In the judgment legitimately be charged to the parent and those which are KAUS,J. i the responsibility of the general public.I will briefly explain WE CONCUR: some of the reasons which caused me to change my mind. ' ToREYNOSO,J. begin with, It now seems clear to me that lsolatiga . and disallowing the cost of security would not,in Itself,cure GRODIN,J. all the constitutional problems in this area.The cost of sup- RICHARDSON,J.• porting a minor in a county institution may, in dollars and cents} alien exceed the preexisting support obligation of a RietirmeedntAbaso�ceaJustice of the Supreme Court : particular parent. it is sad but true that from a purely material point of view, for many minors confinement In g'' y Chairperson of the Judicial Council. i juvenile hall is a step up.As noted above,my understanding 1.After we granted a rehearing In this case,the 19s of what equal protection principles—asset forth in Dept.of amended section 202 and rewrote section 903 of the We Mental Hygiene v.Kirchner(1964)60 Cal.2d 716—allow and solutions Code.(States, o t33,ch. InLr Sec.does p.not,of) Y tion—summarized in footnote 5,infra—does not,of c what they forbid, leads to the inevitable conclusion that a the parties to this dispute. parent cannot be compelled to,toot the bill for a minor's im- provement In living standards, when such improvement is 2.A number of decisions demonstrate both the kind triggered by the need to detain the minor for the public char were considered in computing the relevant cost It the applicable statutes and the level of "support pay good.Therefore,any system of exacting from a parent part such computations could yield.In In re Shaleb(1967)25 of the cost of maintaining a minor In a public institution 553, 5%,the judgment— affirmed on appeal—was c must be capable of taking into account at least the approx- follows: "The cost per day for the boy's stay at Juveni lmate level of that parent's support obligation.The statutes August 14 to August 29,1963 was derived from the total in force at the time the order before us was entered are#nef- paining the Juvenile by divided by the tpopulation r.It i cl d d period last computed by the(aunty auditor.It Included ficient tools for such fine tuning. wages of Juvenile Hall staff: superintendent, coups In these statutes, the Legislature had devised a etc.; maintenance and operation; food; and probation straightforward statutory scheme under which each county administrative and accounting charges." In In re Ste, legislatively.determined the total cost of confining the 122 Cal.App.3d 683,685,the costs claimed by Los Angel presumably on the basis of a similar accounting formol- m#nor(Waif,&Inst.Code,SEc.904) and the parent became cumulatingatamonthly rateofi2,4601 obligated to pay the full amount thus fixed(former Sec. 9o3), subject only to remission of sums which the county 3.Both former section 905 and present section 903. 3ac- since September 22,1982(Slats,2982,ch.1276,Sec.5,P._ probably could not collect In the first place. The only fthe Lain provisions'llmittng orders for reimbursement pur. tual issue which could arise under that scheme was the tion 903 to the parent's ability to pay at the time of the at parent's ability to pay. If we were to attempt to mold this lection. while In most cases there may be little diff( crude statutory framework to constitutional imperatives, dollar and cents basis, between the level of the pare each attempt to collect a few hundred dollars could turn into obligation at the time of confinement and his or her ab a complex trial Involving tris questions of classification that obligation at the time of collection,the two concept p g ky q quite distinct. — support vs. security—cost accounting, and the proper level of the parental support obligation 4 It Is anyone's guess mitm4.eni the Juvenilegmosso have to consider whether bet whether under such circumstances the Legislature wouldproviding,in whale or in part deem attempts to obtain reimbursement under section 903 relieve the parents offaany financiallibura�commitme: cost effective. ' Nor would all this litigating bring much light Into this 5. I express no view whether the 1983 legislation r, dark corner of the law. Judicial horizons are necessarily footnote 1, ante,meets constitltional standards. In brit limited b the factual and legal issues whicha�tles choose the legislation: (1) amends section 202 of the Welfare p tions Cade by adding a subdivision which declares the to'frame The Legislature, an the other hand, has a bird's purposes of the Juvenile Court Law is to reaffirm tha eye view of the entire problem and could do much to financial ability, a parent must support a minor chllc simplify cotlectlons while maintaining constitutional Stan- child is removed from the parent's custody;and(2)rev dards, First, having In mind the diverse expenses that are 903 to provide that this continuing responsibility does n( In- actual incurred by the counties and the state in Juvenile In- cost of"Incarceration,treatment,or supervision for I) of society and the minor and the rehabilitation of the mit solutions, it can—subject to Kirchner standards—decide which of these expenses should appropriately be charged to parents. Second, considering the need for careful segrega tion of program costs,the Legislature may want to establish IN RE JERAL.D C.,a Person Coming Ung guidelines, so that all counties will make comparable the Juvenile Court L.aw charges for comparable services.Third—and most vitally COUNTY OF SANTA CLA,RA v.HIRAM -- because the amount that a parent may be charged will S.F.29392 necessarily vary with the parent's circumstances during the minor's confinement,the Legislature may well find that ef- COUNSEL FOR THE PARTIES: ficiency and fairness demand the establishment of a FOR PLAINTIFF AND RESPONDENT: schedule of graduated fees,tailored as near as may be to the Y Counsel,Santa Clara County particular parent's support obligation. (Cf. Swoap v. Superior Court (1973) 10 Cal.3d 490,508-510 (relatives' con- THOMAS WM.CAIN,Deputy • tribut#on scale as embodied In former Sec,12101).) County Government Center,East Wing In sum, although I believe that the state may constitu- 70 West Hedding Street . tionally require responsible parents to pay a part of the cost San Jose,CA 85110 {408)299 22L1 of maintains a minor in a county institution,I conclude that r FOR DEFENDANTAND APPELLANT: Terry A.Greea j . Dreyer,Shulmaq Dubbin,Kraft&Green 111 W.St.John Street 01010 San Jose,CA 95113 (408)298-5217 TRIAL COURT: Santa Clara County Superior Court TRIAL JUDGE: Hoa.J.D.Brokenshire TRIAL COURT NUMBER: f No.64723 3 i t i • I) 1 L i • REFERENCE f•CURRENT ARREARS DATE TYPE OF TRANSACTION NUMBER AMOUNT AMOUNT 01/01/8,6 DELINQUENT , N0 P'AYME T WAS RE EIVED LAST MONTH. CONTACT YOUR COLLECT ONS 'OFFICER WITHIN 5 DAYS T3 RESOLVE THIS MATTER AND AVOID FURTHER DELINQUENCY ACTION. IF "YOU MADE YOUZ PAYMENT FOR LAST MONTH RECENTLY# DISREGARD THIS" NOTICE D E C . E M B E R 1985 J :A N U A R Y .1986 BALANCE SUPPORT, PAYMENTS AND BALANCE -.SUPPORT ARREARS .BALANCE 1ST OF MONTH - PAYMENT DUE ADJUSTMENTS 1ST OF MONTH PAYMENT DUE AMOUNT DUE 90.00 90.00 100.0090.00 90000 • • : • e s COLLECTIONS.ACCOUNT NO.591768 JEAN ROBERTSON 372-4883 DCPftYMENT DUE DATE 01/20/86 D-29(REV.8-79) �S"o, x P�,. rv �ic !f CLAIM BOARD OF SMWVISORS OF CNW MSTA COMM, CALnown BDARD ACTION Claim Against the County, or District ) WnCE TO CLADUM April 29 , 1986 governed by the Board of Supervisors, ) The copy of—Offs—Zodument, mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section referenoes. 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: Joanne Fontaine roi,nt„ counsel Attorney: Barbara L. Lanier MAR 31 1986 1566 Oak View Avenue 94706 Band delivered Address: Kinsington, CA �na�ClneZ, CA 94553 Amount: Unspecified By delivery to clerk on March 28 , 1986 Date Received: March 23 , 1936 By mail,, postmarked on I. FROM: Clerk of the Board of Supervisors 710: County Counsel Attached is a copy of the above-noted claim. Dated: March 28, 1986 PHIL BATCHELOR, Clerk, By Deputy a y KTiowies 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: I , I Dated: By: Deputy County Counsel III. FROM: Clerk of the BoardTb: (1) unty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present ( �) This claim is rejected in full. ( ) Other: I I I certify that this is a true and correct copy of the Board's Order entered in its mint for this date. Dated: OR 1986 PHIL BATCHELOR, Clerk, By L--b-- i , Deputy Clerk WARNING (Gov. Code Section l913) 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 ohoice in connection with this matter. If you want to consult an attorney, you should1do so immediately. V. FRAM: 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 .10 1986 PHIL BATazLOR, Clerk, By , Deputy Clerk ce: County Administrator (2) - County Counsel (1) ct 1 BARBARA L. LANIER Attorney at Law RCEI�TY-±Y1 �/ ED 2 1566 Oak View Avenue Kensington, California 94706 MARS 3 IiSSPM pwk dAlrAtOR 4 Attorney for Claimant IERKb R^o`su► �1Sp1K JOANNE FONTAINE c r R,,cosT , J _ G 7 8 NOTICE OF CLAIM AGAINST 9 COUNTY OF CONTRA COSTA 10 Pursuant to Section 900 et seq If the California Government 11 Code, Notice is hereby given of the existence of a legal claim 12 against that public entity commonly known as COUNTY OF 13 CONTRA COSTA 14 1 . Name and Address of Claimant-: : JOANNE FONTAINE 1J 3011 Glynis Drive, Richmond, California. 162. Direct all correspondence to: Barbara L. Lanier, 17 Attorney at Law, 1566 Oak View Avenue, Kensington, California 18 94706, telephone: 415-527-7070. 19 3. Date , location, and circumstances of occurrence: 20 On December 23, 1985, at Sun Valley Shopping Center Mall, subsequent to a plane crashing into Macy' s Departmnet Store while 21 claimant was customer therein. 22 4. Nature of occurrence giving rise to claim: 23 Claimant is informed and believes that COUNTY OF CONTRA COSTA 24 approved and consented to the placing and operating of Sun Valley 25 Shopping Center Mall • in the area of a busy airport area in the. � 26 vicinityof Buchanan Field Airport, thereby exposing the members of 27 the public, to which group claimant belongs , to undo risk of harm 28 from potential aircraft collisions . As a result thereof , an j aircraft did collide into Macy ' s Department Store on December 23, 2 .1985, causing injury to claimant. -3 5 . Nature and extent of injuries : Injury to the body and 4 shock and injury to the nervous sybtem and person of Claimant , 5 the full extent of Claimant ' s injuries being as yet unknown, 6 but including although not limited to: Injuries to claimant' s 7 right side, right hip, and low back, as well as servere emotional 8 distress due to a servere fall while claimant was nine months 9, pregnant 10 6. Public employees responsible for injury: 11 Those public employees who approved and consented to the 12 location and building of Sun Valley Shopping Center Mall itl its present location, specific .names as' ye�t unknown. 13 7 . Amount of claim and basis for 'computation thereof: 14 Claimant has incurred certain medical and dental expenses 15 for treatment to date , the exact amount which has not yet been 16 fully ascertained . Claimant has also suffered general damages 17 due to pain and suffering, and will colitinue to suffer general 18 damages in an amount as yet not fully ascertained. 19 20 DATE . 21 BARBARA L. LANIER Attorney at Law, 22 23 24 25 26 27 28 1 PROOF OF PERSONAL SERVICE 2 I declare that : 3 I am employed in the County of Contra Costa, California. I am 4 over the age of eighteen years and not a party to the within ri cause. 14y business address is 1566 Oak View Avenue, Kensington ; 6 California 7 On March 28 , 1986 I served the within NOTICES OF 8 CLAIM AGAINST COUNTY OF CONTRA COSTA re JACKELINE FONTAINE, 9 JOANNE FONTAINE, and HOWARD FONTAINE I _ 10 on the COUNTY OF CONTRA COSTA 11 in the said cause , by personally deliferin; the same to: 12 BOARD OF SUPERVISORS Clerk' s Office 13 COUNTY OF CONTRA COSTA 651 Pine Street Room 106 14 Martinez , CA 9 +553 15 16 17 18 19 I declare under penalty of perjury that the foregoing is true 20 and correct , and that this declaration was executed on 21 March 28 , 1986 at Kensington) California 22 23 BARBARA L. LANIER 24 Type or print name Signature 25 26 27 28 A M E N D E D ISOA D OF Qr dMW cm carom. CAL PId Ac= A.nril 29, 1986- Claim Against the County, or bistriet ) NOTICE 70 CLUMW . governed by the Hoard of Supervisors, ) the copy cf-Uffs--d6& t ed to you is your Routing Bodorsements, and Hoard ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below)l, to California Government Codes ) given pursuant to Government Code Section 943 and 915.4. Please note all *WarninWo Claimant: Prints Plus Attorney: Timothy M. Gill. Derby, Cook, Quinby & Tweedt Address: 333 Market St. , Ste. 2800 San Francisco, CA 9410By ` Amounts Unspecified delivery to clerk on Date Received: April 14, 1986 'Pemti1 p$st k�?n2 April 11 , 1986 I. : Clerk of the Board of Supervisors 10: County el Attached is a copy of the above-noted claim. Dated: Ap r i 1 14, 19 3 6 pHIL BATCHELOR, Mark, By Deputy IBMUTTLUS II. : County Counsel 10: Clerk o Supervisors (Check only one) ()4) This claim complies substantially with Sections 910 and 410.2. - ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Hoard 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). ( ) Others I - f Dated: L / By: Deputy County Counsel III. FROM: Merk .of the Hoard los (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 411.3). i IV. BOARD WER By unanimous vote of Supervisors present (X) This claimlis rejected in full. ( ) Other: I I certify that this -" a true and correct copy of the Board's Order en in its minutes for this date. Dated: ago PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNM (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 Goverment Code Section 945.6. f You may seek the advice of an attorney of your choice in owmaction with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: 1(1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boards action on this claim by mailing a copy of this document, and a memo thereof-has been filed and endorsed on the Hoard's copy of this Maim in aceor&6oe with Section 29703• ( ) A warning of claimant's right to apply for leave topresenta late claim was mailed to claimant. DATED: APR 10 1986 PUL, BATQHEIAR, Mark, By , Deputy Clerk cc: County Administrator (2) Canty mel f11 TENT J. CLANCY TIMOTHY M. GILL DERBY, COOK, QUINBY & TWEEDT 333 Market Street, Suite 2800 RECEIVED San Francisco, California 9,4105 , Telephone: (415) 777-05.05 APR Iq 1986 Attorneys for Claimant PRINTS PLUS PHiL BATCHELOR Cl POT 0 C S* RVISORS e Deputy AMENDMENT TO CLAIM AGAINST COUNTY OF CONTRA COSTA (GOVERNMENT CODE `SECTION 910.'6) The claim of Prints Plus is hereby amended by adding the following to section (c) thereof : The .actions of Contra Costa County proximately caused this crash in that Contra Costa County enacted . and administered zoninglregulations allowingBuchanan Field and SunlValley *iall to be located and operated too close to each other, 'and in that Contra Costal County improp- 4 erly constructed and maintained Buchanan Field. Claimant is investigating this matter further, and reserves the right to add additional alle- gations as that investigation pIrogresses . In so amending its claim, Prints Plus does not admit that its original claim was insufficient in any way. DATED: Q�•-�� 1� . 1`1`�� PRINTS- PLUS By DERBY, COOK, QUINBY & TWEEDT By. .r Timothy Gill 1 ' KENT J. CLANCY TIMOTHY M. GILL DERBY, COOK, QUINBY & TWEEDT 333 Market Street, Suite ,2800 , San Francisco, California 94105 Telephone: (415) 777-0505 Attorneys for Claimant PRINTS PLUS CLAIM AGAINST COUNTY OF CONTRA COSTA Claim Under Government Code Prints Plus, a division of Melville Corporation, hereby makes claim against the County of Contra Costa, pursuant to Section 910, Government Code, and states (a) The name and post office address of claimant for purposes of this claim is: Prints Plus c/o Derby, Cook, Quinby '& Tweedt 333 Market Street, Suite 2800+ San Francisco, California 941105 Attention: Kent J. Clancy and Timothy M. Gill (b) The post office address to wh4ch claimant desires notices to be sent is: Prints Plus c/o Derby, Cook, Quinby & Tweedt 333 Market Street, Suite 28001 San Francisco, California 94105 1 Attention: Kent J. Clancy and Timothy M. Gill (c) The claim is for damage to and destruction of stock, inventory, personal property and fixtures in a plane crash into Sun Valley Mall on December 23, 1985. f (d) Stock,, inventory, fixtures and personal property of claimant which were at claimant' s store at Sun Valley Mall were damaged or destroyId by a plane crashing into the Mall on December 23, 1985. (e) The exact names of all persons who may have contrib- uted to the plane crash are unknown to claimant. (f) The amount claimed, as nearly as can be estimated at the present time, is $100, 000. 00. Said sum consists of damage to stock, inventory, fixtures and personal property. Dated: March 28, 1986. PRINTS PLUS By DERBY, COOK, QUINBY & TWEEDT By Timothy M Gill I I 2 - i KENT J. CLANCY TIMOTHY M. GILL � +� DERBY, COOK, QUINBY & TWEEDY _ 333 Market ;,Street, Suite 2800 San Francisco, California 94105 �'�K3� �y�o Telephone: (415) _777-0505 PHIL GATCMcLOR LB , E. ^LOA U"SUVEA OAS Attorneys for Claimant " � A` ;,ty. PRINTS PLUS CLAIM AGAINST COUNTY OF CONTRA COSTA Claim Under (Government Code Prints Plus, a division of Melville Corporation, hereby makes claim against the County of Contra Costa, pursuant to Section 910, Government Code, and state (a) The name and post office address of claimant for purposes of this claim is: Prints Plus c/o Derby, 'Cook, Quinby & Tweedt 333 Market Street, Suite 28001 San Francisco, California 94105 Attention: , Kent J. Clancy and Timothy M. Gill (b) The post office address to which claimant desires notices to be sent is: Prints Plus c/o Derby, Cook, Quinby & Tweedt 333 Market Street, Suite 2800 San Francisco, California 94105 Attention: Kent J. Clancy and Timothy M. Gill (c) The claim is for damage to and destruction of stock, inventory, personal property and fixtures in a plane crash into Sun Valley Mall on December 23, 1985. (d) Stock, inventory, fixtures and personal property of claimant which were at claimant' s store at Sun Valley Mall were damaged or destroyed by a plane crashing into the Mall on December 23, 1985. (e) The exact names of all persons who may have contrib- uted to the plane crash are unknown to claimant. (f) The amount claimed, as nearly as can be estimated at the present time, is $100, 0001. 00. Said sum consists of damage to stock, inventory; fixtures and personal property. Dated: March 28, 1986. PRINTS PLUS By DERBY, COOK, QUINBY & TWEEDT BY Timothy M Gill i l - 2 - I • i }5, AMENDED UJON ARD GF RaMV119M OF CUM OSTA WMM CALZFOR3PIA - - IABD ACTION Claim Against the County, or bistriet ) WnCE 70 CLATKW April 29, 1986 governed by the Board of Supervisors, ) The copy oUthis document malled to you is yaw Routing Endorsementa, and Board ) notice of the action taken an your alai® by the Action. All Section references are ) Board of supervisors (Paragraph I9, below), to California Government Codes ) given pz-suant ito Government Code Section 943 and 915.4. Please note all "Warnings". Claimant: Wilson' s House of Suede and -Leather Attorneys Timothy M. Gill.- Derby, - Cook,. Quinby & Tweedt Address: 333 Market St. , Ste. 2500 Amounts San Francisco, CA 94105By Unspecified delivery to clerk on Date Received: April 14, 1956 By mail, Ttmarked an April 11 , 1986 Cert. P 489 525 248 I. : Clerk of the Board of Supervisors 10: County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 14, 1986 PHIL BATaMM, Clark, By VA LI Deputy yl KNowles II. FROM: County Counsel 10: Clerk of the ERR 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 910.29 and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed'. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: I I Dated: By: Deputy County Counsel III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). . I IV. BOARD OMER By unanimous vote of Supervisors present p,,S am e n d e d ( X) This claimkis rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order enEWR in its minutesR or this date. Dated: AN 9 1986 PHIL BA70MOR, Clerk, By � , Deputy Clerk WARNING (Gov. Code section 913) Subject to oertain exceptions, you have only six (6) aanths loam the date of this Wtioe was personally served or deposited in the mail to file a court action on this Claim. See Government Code Section 945.6. You Cay seek the advice of an attorney of you choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Mark of the Board 10: (1) County Co:aisel, (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 aceordinoe with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. /� DATED:_APR_`�. 19Q_ $=PHIL BAMODR, Clerk, By l� Li , Deputy Clerk on: County Administrator (2) - County Counsel (1) 4KENT J. 'CLANCY TIMOTHY M. GILL DERBY, COOK, QUINBY & TWEEDT 333 Market Street, Suite 2800 RECEIVED San Francisco, California 94105 Telephone: (415) 777-0505 APR i`�1986 Attorneys for Claimant TCHELOR WILSON'S HOUSE OF SUEDE & LEATHER BOARDIL OF SUPER n CLE K BOARD OF SUPERVISORS 1 CON COSTA O. +ti AMENDMENT TO CLAIM AGAINST COUNTY OF CONTRA COSTA (GOVERNMENT CODE SECTION 910. 6) . The claim of Wilson' s House of Suede and Leather is hereby amended by adding the following to section (c) thereof: The actions of Contra Costa Couyty proximately caused this crash in that Contra Costa County enacted and administered zoning regulations allowing Buchanan Field and Sun Valley Mall to be located and operated too close to each . other, and in that Contra Costa County improp- erly constructed and maintained Buchanan Field. Claimant is investigating this matter further, and reserves the right to add additional alle- gations as that investigation progresses. In so amending its claim, Wilson' s House of Suede and Leather does not admit that its original claim was insuffi- cient in any way. DATED: A��.< <�J l`»(o WILSON'S HOUSE OF SUEDE & LEATHER By DERBY, COOK, QUINBY & TWEEDT By I Timot M. G1441 KENT J. CLANCY TIMOTHY M. GILL DERBY, COOK, QUINBY & TWEEDT 333 Market Street, Suite 2800 San Francisco, California 94105 Tel (415) 777-0505 Attorneys for Claimant WILSON' S HOUSE OF SUEDE &. LEATHER CLAIM AGAINST COUNTY OF CONTRA COSTA Claim Under Government Code Wilson' s House of Suede & Leather, a division of Melville Corporation, hereby makes claim against the County of Contra Costa, pursuant to Section 910, Govern lent Code, and states (a) The name and post office address of claimant for purposes of this claim is: Wilson' s House of Suede & Leather c/o Derby, Cook, Quinby '& Tweedt 333 Market Street, Suite 2800 San Francisco, California 94105 Attention: Kent J. Clancy and Timothy M. Gill (b) The post office address to which claimant desires notices to be sent is: Wilson' s House of Suede & Leather C/o Derby, Cook, Quinby & Tweedt 333 Market Street, Suite 2800 San Francisco, California 94105 Attention: Kent J. Clancy and Timothy M. Gill (c) The claim is for damage to and destruction of stock, furniture, inventory, personal property and fixtures im a plane crash into Sun Valley Mall on December 23, 1985. (d) Stock, inventory, furniture, fixtures and personal property of claimant which were at claimant' s store at Sun Valley Mall were damaged or destroyed by a plane crashing into the Mall on December 23, 1985. (e) The exact names of all persons who may have contrib- uted to the plane crash are unknown to claimant. (f) The amount claimed, as nearly as can be estimated at the present time, is $300,000. 00. Said sum consists of: 1. Damage to Stock, Inventory $270, 000. 00 2. Damage to Furnitur�, Fixtures, Personal Property 30 ,000. 00 $300,000.00 Dated: March 28, 1986. WILSON'S HOUSE OF SUEDE & LEATHER By DERBY, COOK, QUINBY & TWEEDT . By Timothy/ M. Ml V 2 - KENT J. CL-ANCY TIMOTHY M. GILL DERBY, COOK, QUINBY & TWEEDY �������� 333 Market Street, Suite 2800 San Francisco, California 94105 Telephone: (4 15) 777-0505 MAR 3( 1986 .Attorneys for Claimant c�E KPHIL Dnmputy CHERBO WILSON' S HOUSE OF SUEDE & LEATHER Dr,T CLAIM AGAINST COUNTY OF CONTRA COSTA Claim Under Government Code Wilson' s House of Suede & Leather, a division of Melville Corporation, hereby makes claim against the County of Contra Costa, pursuant to Section 910, Government Code, and states (a) The name and post office address of claimant for purposes of this claim is: Wilson' s House of Suede & Leather c/o Derby, Cook, Quinby '& Tweedt 333 Market Street, Suite 12800 San Francisco, California 94105 Attention: Kent J. Clancy and Timothy M. Gill (b) . The post office address to which claimant desires notices to be sent is: Wilson' s House of Suede & Leather c/o Derby, Cook, Quinby & Tweedt 333 Market Street, Suite!12800 San Francisco, California 94105 Attention: Kent J. Clancy and Timothy M. Gill (c) The claim is for damage to and destruction of stock, furniture, inventory, personal property and fixtures in a plane crash into Sun Valley Mall on December 23, 1985. i f (d) Stock, inventory, furniture, fixtures and personal property of claimant which were at claimant' s store at Sun Valley Mall were damaged or destroyed by a i plane" crashing into the Mall in December 23, 1985. (e) The exact names of all persons who may have contrib- uted to the plane crash are unknown to claimant. (f) The amount claimed, as nearly as can be estimated at the present time, is $300 , 000. 00. Said sum consists of: 1. Damage to Stock, Inventory $270, 000. 00. 2. Damage to Furniture, Fixtures, Personal Property 30,000. 00 $300, 000. 00 Dated: March 28, 1986. WILSON'S HOUSE OF SUEDE & LEATHER By DERBY., COOK, QUINBY & TWEEDT By I Timothy M. Gi4l 2 - A M END E D � 22 t CL IK BOARD OF WMVISORS (W 'D.:. O=A 000!`:Ti2 CALIt�OttplA BARD AM7W April -29, 1986 Claim Against the Canty, or tdatrict ) VMCE 70 Ct.AIKANT governed by the Ward of Supervisors, ) the copy a tmaTled to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all *Warnings". Claimant: James D. Schluter Attorney: Address: 4562 Appian Way . E1 Sobrante, CA 94803 Transmittal Aril 10, 1986 Amount: Unspecified By delivery to clerk on P Date Received: April 10, 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: April 11, 1986 PHIL BATCHELOR, Clerk, ByLA" Deputy Ca I KAoTkles II. FROM: County Counsel 70: Clerk of the MR of Supervisors (Check only one) (><) This claim oamplies Substantially with Sections 91101 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 910.6). { ) Claim is not timely filed. Clerk should return claim on grand that it was filed late and send ~warning of claimantfs right to apply for leave to present a late claim (Section 911.3). ( ) Other: I I Dated: By: Deputy County Counsel III. FROM: Clerk of the Board 70: (1) ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claim (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present as (X ) This claim)is rejected in full. ( ) Other: I I I oertify that this is a true and oorreet copy of the Board's Order entered in its minutes for this date. Dated: APE 2 9 12RB PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months f1rm the date of this notice was personally served or deposited in the mail to file a 00%v t 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 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 Ia copy of this Maim in accordance with Section 29703• ( ) A warning of claimants right to apply for leave to present a late claim was mailed to claimant. DATED: APR 1, 0 1986 "M BATCHELOR, Clerk, By , Deputy Clerk ce: County Administrator (2) - County Counsel (1) I tee. i}Ff:�s'Ta`."..:a;..:_. - nr. - = ra.:a_.a+v pr.r,rt_. •..-,'x: F pp •.. . St.n. `via ;tint 'Erryy� .� � ap`gc5y+ri r •P"4 .. . y_ `Ir,: r'.1.,, A :+.'. ....`„ i t, '.t�l . ", .' .:t'• �'' ..., ,td j'•.3T ,'�.^-^q; �•.1•a? ' I NOTICE OF INSUFFICIENCY i AND/OR l NON-ACCEPTA14CE OF CLAIM COun ty Counsel 1 i TO: James D. Schluter I. APR 04 1986 4562 Appian Way . E1 Sobrante CA 94803 Ma finer, CA 945rw REQ: Claim of JAMES D. SCHLUTER I P1(.•ase ake Notice :).s follows: ^he claim you presented against the County of Contra Cosi:a or District s governed by the Board of Supervisors fails to comply substantially ,. with the requirements of California Government .Code Section 910 and i. 910 . 2 , or is otherwise insufficent 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 not-ices to be .sent. x 3 . The claim fails to state the xhalx, place laatx=:KXXx43XVl X% x=== of the occurrence or transaction which gave rise to the claim asserted. (See below) 4 . The claim fails to state the name (s) .of the public employee (s)' aus. ng._..the injury, damage, or' -loss;. �k►raoa�r: _ _ -_� 5. The claim fails to state the amount ,claimed as of the date of presen•t.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 give the street name, and, if, possible a _ ress where this occurred. RECEIVE vicTOR J. WESralAN, County Counsel APR @P 1;86 By:U_ Deputy ounty Counsel R �NTIRA OSTA CAS—) c • ,., � f�ii� ATE OF SERVICE_ BY f411IL DS1012, 1013a, 2015. 5;IEvid.C. §§641 , 664) My business address is the County Counsel' s Office of Contra Costa county, Co.Admin.Bldg. , P.O. Box 69, Martinez, California 94553, and I am a citizen of the United States, over 18 years of age, employed i..^. Contra Costa County, and not a partyto; this action. I served a. re-copof--this- Notice of Insufficien' 4` ` -' - --- _ Y Cy-�`nd/or Poon='Accep,�aaca ..c f;.: Claim by placing it in an envelope (s) addressed as shown above (which is/arc place (s) having delivery service by U.S. !ta ;..l) , which. envelope (s) war then sealed and postage fully prepaid thereon, and thereafter was, nn this day depc::aited in the U.S. Mail at Aiartinez/Concord, Contra Ccsta County, California. certify under penalty of perjury that the foregoing is true and ` c)irect. April 3, 19RF , ' at ^tartinez, California. Cc: Clerk of the Board of Supervisor (original) Administrator (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. IC. §5910; 910.2 , 910.4 , 910.8) .� (� )-/9iZRy's )Pm slimvec s 3 i !% wHY. IQL � I N �/.'�i Jf;'. .. ' ,".�:..�.'�_a_.�'�i.71�_. .'7�i....-�c;.�s.x,.�.�iZ"".`�., f,iz -�'.�:x(.��':'.'_.^�°i ,"k=. {: . . s!f�. :`.'.,'"r�•.3:"!�.��ti..'.:�, ., ,. , ........ CLAIM TO: BOARD 'JF SUPERVISORS OF CONTRA COSTA COUNTY • y Instructions to Claimant A.• Claims relating to causes of action for death or 'fof 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 ALZ&�Against the COUNTY OF CONTRA COSTA) MIAN Zl iydu or �• �' C DISTRICT) PHIL BATCHELO,I Fill in name) ) CLE BOAR FSSUPERVISORS ONTRThe undersigned claimant hereby makes claim agai 'Q"' ZaIntra Costa or the above-named District in the sum of $S'f,(j 1-,re2);cAL CAl4,Z- and in support of this claim represents as follows: ------------------------------------------------------------------------ d 1. When did the amage or injury occur? (Give exact date and hour) ----------- -=------------------------------------------------------- 2. Where did the damage or injury occur. (Include city and county) -- - - - - - -------- ---------- ------------------------- How ----------- -- - ---- How did the damage or injury occur? (Give full details, use extra sheets if required) - ----------- - ------------------------------I ---------------------------- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? (over) l �. • 1 ne�t �, �� .. ��- �i _ �� ��i�- � � V i� / -.�.. ��/}/ // �D^�y .' .. _., / ' '/J�`�D,�,�A/ II ' ti�fiL` __ _._ ._______ __.__.... .., L- ..�r, t� `y�y; �r� ------. -----------�.._...-'----...-'-----__.__-�_---�-�-� _.-'----�-I'---�--_...__....__._' - -'--�--------------'------.__._._ ._ CONTRA COSTA COUNTY TO Jim . Schluter I DATE 3/12/86 Administrator' s Claim Form FROM SUBJECT Office Enclosed is a form. for your convenience in filing a claimi Please return LZe completed form to the office of the Clerk of Board of Supervisors for processing. SIGNED PLEASE REPLY HERE TO DATE SIGNED INSTRUCTIONS-FILL IN TOP PORTION,REM E UPLICATE(YELLOW)AND FORWARD REMAINING PARTS WITH CARBONS. TO REPLY,(FILL IN VER PORTION AND SNAP OUT CARBONS. RETAIN yj TRIPLICATE(PINK)AND RETURN ORIGINAL FORM W03 Qs u hk _ 1 AMENDED ` APR .. 10 7986 CLUX BOARD OF SUPERVISORS OF CUM OMA OMMSGL_ aftez, CA Claim Against the County, or tdatrict ) yMCE To aADUM April 29 , 1986 governed by the Board of Supervisors, ) The copy a t malc to you is yow Routing Endorsements, and Hoard ) notioe of the action taken en your claim by the Action. All Section references ars ) Board of Supervisors (Paragraph IV$ below), to California Government Codes ) given purrsuarnt to Government Code Section 913 and 915.4. Please note all wwarninwe Claimant: Robert .Widick Attorney: Marvin K. Lewis Lewis & Lewis Address: 690 Market St., Penthouse Hand delivered San Francisco, CA 94104 1 April 10, 1986 ` Amount: ;40, 000. 00 + By delivery to clerk on Date Received: April 1 10; 19 8 6 By mail+ Postamaf ked on I. : Clerk of the Board of supervisors Ta: County Counsel Attached is a copy of the above-noted claim. April i l 10, 19 8 6 PHIL BATCHELOR, Clerk, By Dated: p Deputy now es II. : County Counsel TO: 'erk o supervisors (Check only one) C�0 This claim complies substantially with sections 9101 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: I Dated: 2� By: -P 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 411.3). I IV. BOARD ORDER By unanimous vote of Supervisors present ms ( X) This elaimAis rejected in full. ( ) Other: I I • I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 413) Subject to certain exceptions, you have only six (b) 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 445.6. 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 Hoard 70: (1) County Couausel, (2) County Administrator- Attached dministratorAttached 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 Maim in accordance with Section 29703. ( ) A warning of claimant's right.to apply for leave to present a late cl aim was wiled to claimant. DATED:_ A P R .10 1986 PUL BATCHELOR I Clerk, By N-A� , Deputy Clerk M. County Administrator (2) - CountyCou mel (1) i u , AMENDED CLAIM AGAINST COUNTY OF CONTRA COrRE RECEIVED CLAIMANT'S NAME: ROBERT WIDICK X01988 ATCHELOR CLAIMANT' SADDRESS: 394 Schooner Wa �oFwlEO. !Pittsburg, CA 9456 (415) 432-8269 ADDRESS TO WHICH NOTICES ARE MARVIN K. LEWIS, ESQ. TO BE SENT: LEWIS & LEWIS 690 Market Street, Penthouse San Francisco, CA 94104 Telephone: (415) 421-7616 WHEN DID THE DAMAGE OR INJURY OCCUR? December 23, 1985 at approximately 8 :30 p.m. WHERE DID THE DAMAGE OR INJURY OCCUR? Sun Valliey Mall in Concord, California and Buchanan Airport DETAILS OF OCCURRENCE: The County of Contra Costa, allowed permitted and ratified the building of the ISun Valley Mall, a populated shopping mall in close p roximitylto the Buchanan Field Airport. On December 23, 1985, a Beechc raft plane crashed into the Mall The County was negligent in causing the crash; 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 to the airport, for the inadequate and outdated landing and directional navigation systems, for the actions which caused and contributed to the injuries to plaintiff and others. The County of Contra Costa is liable for the acts, omissions and conduct of its agents and employees. j 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. NAMES OF COUNTY OFFICERS, SERVANTS OR EMPLOYEES CAUSING DAMAGE: 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 claim and complaint. DAMAGES CLAIMED: Serious lbodily and mental injuries, including a fractured thumb and sprained wrist. COMPUTATION OF CLAIMED AMOUNT: Medical bills to date, loss of wages to date, and pain and general damages. NAMES AND ADDRESSES OF WITNESSES, DOCTORS AND HOSPITALS: Investigation is underway. EXPENDITURES ON ACCOUNT OF THIS ACCIDENT OR INJURY: Investigation is underway. AMOUNT OF DAMAGES CLAIMED: $ 40,000.00. DATED: March 31, 1986 LEWIS & LEWIS BY `j MARVIN K. LEWIS CLAIM AGAINST COUNTY OF CONTRA COSTA CLAIMANT'S NAME: ROBERT WIDICK t CLAIMANT' S ADDRESS: 394 Schooner Way Pittsburg, CA 94565 (415) 432-8269 ADDRESS TO WHICH NOTICES ARE MARVIN K. LEWIS, ESQ. TO BE SENT: LEWIS & ILEWIS 690 Market Street, Penthouse San Francisco, CA 94104 Telephone: (415) 421-7616 WHEN DID THE DAMAGE OR INJURY OCCUR? December 23, 1985 at approximately 8:30 'p.m. WHERE DID THE DAMAGE OR INJURY OCCUR? Sun Valley Mall in Concord, California and Buchanan Airport DETAILS OF. OCCURRENCE: The County of Contra Costa, allowed permitted and ratified the building of they Sun Valley Mall, a populated shopping mall in close proximity, to the Buchanan Field Airport. On December 23, 1985, a Beechcralft plane crashed into the Mall The County was negligent in causing lthe crash; 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 inclose proximity to the to the airport, for the inadequate and outdated landing and directional navigation systems, for the actions which caused and contributed to the injuries to plaintiff and others . The County of Contra Costa is liable for the acts, omissions and conduct of its agents and employees. . EIVED PHU 3ATZH4074 LE K ` TRA C TA c'riVISO 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 too be built in such close proximity to Buchanan Field Airport and as such are liable for punitive and exemplary damages . NAMES OF COUNTY OFFICERS, SERVANTS OR EMPLOYEES CAUSING DAMAGE: Plaintiff is unaware of said employees at this time, and therefore is idlentifying them as DOES 300 to 350. When such names are, discovered plaintiff will amend by way of amending the claim and complaint. DAMAGES CLAIMED: Serious bodily and mental injuries. COMPUTATION OF CLAIMED AMOUNT: Estimated. NAMES AND ADDRESSES OF WITNESSES, DOCTORS AND HOSPITALS: Investigation is underway. EXPENDITURES ON ACCOUNT OF THIS ACCIDENT OR INJURY: Investigation is underway. AMOUNT OF DAMAGES CLAIMED: $•4 ,000 .00. DATED: March 31 , 1986 LEWIS & LEWIS BY MARVIN K. LEWIS 'l AMENDED ;` lA.AII'1 BOARD OF OF 03M 0DSTA COMM2 2 CALII+OR_pIA BOARD ACTION Claim Against the County, or bletriet ) liM6F. TO CLAIIrlW April 291986 w governed by the Duird of Supervisors, ) The »py • s You to 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 lWarnings" Claimant: Gloria Etzler ou;ty Counsel Attorney: Fred F. Cooper APR 18 1986 Tribune Tower, Ste. 800 Address: 13th and Franklin Streets 1�8ftIfleZ; GA 945J3 Oakland, CA 94612 T�alTmi clerk on April 14, 1986 Amount: $200, 000. 00 BY vwT to Date Reoei v"r i 1 - 14, 1986 By.mail,, postmarked an I. FROM: Clerk o the Hoard of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: April 17, 1986 Pgu, BATCHELOR, Clerk, Byti\ �pY U3w es II. FROM: County Counsel 70: Clerk 'of e Board of Supervisors (Check only one) (/16 This claim complies substantially With Sections 910and 910.2. ' ( ) This claim FAILS to o®ply substantially with Sectijons 910 and 910.2, and We are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it Was filed late and send Warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: I Dated: By: 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): I IV. BOARD ORDER By unanimous vote of Supervisors present as o.�►Qn ded (Y) This clabt &is rejected in full ( ) Other: I. I I ncertify that this is a true and correct copy of the Board's Order entered in its miAF'�s9r19� s date. Dated: PHIL BATCHELOR, Clerk, By L4 , Deputy Clerk WARNING (Gov. Code Section 1913) Subject to owtain 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 an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in oorrmtion with this matter. If you want to consult an attorney, you shouldido so immediately. V. FROM: Clerk of the Board 10: (1) County Caa:sel, (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:AP RbB6 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: comty Administrator (2) County Counsel (1) t E VJ ATTORNEY AT LAW TRIBUNE TOWER SUITE 800 13T-- AND FRANKLIN STREETS OAKLAND,ULRORNM 94612 SIMONE S. HARLESS (415) 893-4884 Legal Assistant County Counsel APR 11 1986 Martinez, CA 94553 April 10, 1986 Ms. Vicki Finucane RECEIVED c/o County Counsel P.O. sox 69 APR �`A1986 Martinez, California 94553 RPHIL�ATCMELOR E: ETZLER �QLERK ARO OF SUPERVISORS RS TA Il' tiT� TRA alp-STA� . Dear Ms . Finucane: ey . .....•.. .. :v, . , I enclose claim supplements for Harry M. Etzler and Gloria Etzler. Let me know if you need further information. Vetruly y urs, red . Cooper FFC:mdh ENC. . . SUPPLEMENT TO CLAIMS 1. Gloria Etzler supplements her claim: . a. Injury is to her head, neck, back, both knees b. Amount claimed is loss of wages and earnings capacity $50,000. 00, medical $50,000.00, general and pain and suffering $.100,000.00.. 2. Harry M. Etzler supplements his claim: a. Injury is to his stomach, head, neck and shoulders. b. Amount claimed is loss of wages and earning capacity $50,000. 00, medical $50,000.00 general and pain and suffering $100,000. 00. l SIGNED BY 'CLAIMANT: GLORIA T ER RECEIVED APR 1986 PHIL BATCHELOR CLER ARD F SUPERVISORSt \� NTRA �TA�CO. � A FRED F COOPER ATTORNEY AT .LAW TRIBUNE TOWER SUITE 800 13TH AND FRANKLIN STREETS OAKLAND,CALIFORNIA 94612 SIMONE S. HARLESS (41S) 893-4884 Legal Assistant March 26, 1986 Clerk Board of Supervisors ' County Administration Building 651 Pine Street Martinez, California 94553 RE: GLORIA EZTLER Gentlemen: I enclose original and two copies of Claim of Gloria Eztler. .Please stamp one copy and return it to me in the self addressed stamped envelope enclosed Please keep the other two copies for processing. 4Vetruly yours, red Coo r FFC:mdh ENC. c 'FOCTI D CLAIM AGAINST THE COUNTY .OF CONTRA COSTA MAR R 1'g 1 - PHIL BATCHELOR I. CLAIMANT'S NAME (print) : Gloria Etzler c� RKiOARACFSUPcRVIjORS COtr' COSTA • Deputy 2. CLAIKANT'S ADDRESS: 1515-40th Avenue, Oakland, California 94601 (address) (City) (State) (Zip Code) 3. A:�101'\'T OF CLAIM $2 0 0, 0 0 0 ..0 0PHONE N0. 261-0116 4. ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT FROM LINES 1 and 2: (print) Fred F. Cooper, Attorney at Law (Name) Tribune Tower, 13th •& Franklin (Street of P.O. Box Number) Oakland, California 94612 (City) (State) (Zip Code) S. DATE OF ACCIDENT/LOSS: December 23, 1985 , approximately 8: 30 p.m. 6. LOCATION OF ACCIDENT;IOSS. Sun Valley Mall in Concord, California and Buchanan Field Airport 7. HOW DID ACCIDENTiLOSS OCCUR: The County of Contra Costa allowed, permitted ' and ratified the building of the Sun Valley Mall a populated sho in mall in close proximity to Buchanan Field Ail;port. On December 23, . 1985 , a Beechcraft plane crashed into the mall. The County was negligent in causing the crash; the County is liable under strict (continued) S. DESCRIBE INJURY/DAMAGE/LOSS: Investigation .under way presently. 9. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY/DAMAGE/LOSS, IF KNOWN: Investigation underway presently. 10. ITEMIZATION OF CLAIM (list items totalling amount set forth above): Investigation under way presently. S S TOTAL. $ 11. Signed by or on behalf of Claimant: 12. Dated: :.r' d" v :.�., •t ..:fi .nrk..�.��r- ...e , a".4'S,.., t.�Y�"' �t°r ":tet � zn F {4'Z. ey-""":,,tea - _.. � . .' w» '�K' #„`�"'.: i Claim to Contra Costa County Board of Supervisors — Gloria Etzler Continuation of No. 7: liability for the cau'e 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 Isafety 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. :;.-5'11,..:in.'s.. ,-,ss..-..x;2='. f AM E N D E D CLUM BOARD OF SQPSItVISORS OF MM CMA OMM, CALIIM_ IA BARD ACTION April 29, 1986` Claim Against the County, or District ) JIMCE 70 CLAIIKW - 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 on your claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4• Please note all uWarnings". Claimant: Harry M. Etzler 'set Attorney: Fred F. Cooper pPR b 1986 Tribune Tower, Ste. 800 Address: 13th and Franklin Streets N�8�1t1eZ,GA 9455 Oakland, CA 94612 Transmittal Amount: $200,000,00 By delivery toclerk on April 14, 1986 Date Received: April 14, -19 UG6 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: April 17 1986 PKI, BATCH=R, Clerk, By Deputy ; y lqnowies II. FROM: County Counsel TO: LClerk of the Board of Supervisors (Check only one) 0 This claim complies substantially with Sections 910 and 910.2. - ( ) This claim FAILS to amply 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 clad t (Section 911.3). IV. BOARD WER By unanimous vote of Supervisors present ( X) This claimlis rejected in full. ( ) Other: I I certify that this is a true and oorrect copy of the Board's Order entered in its minutes for this date. Dated: APE 2 9 128fi, PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section X913)'. Subject to certain exceptions, you have only six (16)-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 ratter. If you want to consult an attorney, you should Ido so immediately. V. FROM: Clerk of the Board Ta: (1) County Counsel, (2) -County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document; and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimantfs right to apply for leave to present a late claim was mailed to claimant. DATM: APR .9 0 1986 PHIL BATC10DR, Clerk, By i4L , Deputy Clerk oc: County Administrator (2) County Counsel (1) t FRED.F. COOPER J ATTORNEY AT LAW Y V TRIBUNE TOW�R SUITE 800 13t-- AND FRANKLIN STREETS OAKLAND.CALIrORNIA 94612 SIMONE S. HARLESS (415) 893-4884 Legal Assistant 'County Counsel APR 1986 Martinez, CA 94553 April 10, 1986 Ms. Vicki Finucane [RICEIVED c/o County Counsel P.O. Box 69 APR 1986 Martinez, California 94553 RE: ETZLER PHIL BATCHELOR K ARO F SUPERVI RS AA TA CO ..... Dear Ms. Finucane: I enclose claim supplements for Harry M. Etzler and Gloria Etzler. Let me know if you need further information. Ve f, truly. y urs, I red Cooper FFC:mdh ENC. U SUPPLEMENT TO CLUMS . 1. Gloria Etzler supplements her claim: +� a. Injury is to :her head, neck, back, both knees b. Amount claimed is loss of wages and earnings capacity ..$50,000.00, medical $50,000. 00, general and pain and suffering $100,000.00. 2. Harry M. Etzler supplements his claim: a. Injury is to his stomach, head, neck and shoulders. b. Amount claimed is loss of wages and earning capacity $50,000.00, medical $50, 000.00 general and pain and suffering $1001000.00. SIGNED BY CLAI14ANT: RRY M. -TZLER RECEIVED APR !q 1986 PHIL BATCHELOR CLERK AROOF UPERVISORs C NTRA TA Q C� ^ V `. FRED F. COOPER VJPATTORNEY AT LAW TRIBUNE TOWER SUITE 800 _ 13t-- AND FRANKLIN STREETS OAKLAND,CALWORNIA 94612 SIMONE S. HARLESS (415) 893-4884 Legal Assistant County Counsel APR 11 1986 Martinez, CA 94553 Apri1 . 10, 1986 Ms. Vicki Finucane RECEIVED c/o County Counsel P.O. sox 69' APR l� 1986 Martinez, California 94553 RE: ETZLERPNIL�ATc►+Elo� F SUPERYI R$ RA TAO• dy . �ERW" R* . .......... nAty Dear Ms . Finucane: I enclose claim supplements for Harry M. Etzler and Gloria Etzler. Let me know if you need further information. Vetruly y urs, red Cooper FFC:mdh ENC. SUPPLEMENT TO CLAIMS 1. Gloria Etzler` supplements her claim: +I a. Injury is to :her head, neck, back, both knees b. Amount claimed is loss of wages and.earnings capacity .$50,000.00, medical $50, 000. 00, general and pain and suffering $100,000.00. 2. Harry M. Etzler supplements his claim: a. Injury is to his stomach,. head, neck and shoulders. b. Amount claimed is loss of wages and earning capacity $50,000.00, medical $50,000.00 general and pain and suffering $100,000.00. a16 SIGNED BY CLAIMANTa f RRY M. TZLER ap RECJSUPER APR PHIL BA �MTRA J SUPPLEMENT TO CLAIIMS 1. Gloria Etzler supplements her claim: t: a;. a. Injury is to :her head, neck, back, both knees b. Amount claimed is loss of wages and.earnings 6apacity ..$50,000.00, medical $50,000. 00, general and pain and suffering $100,000.00. 2. Harry M. Etzler supplements his claim: a. Injury is to his stomach, head, neck and shoulders. b. Amount claimed is loss of wages and earning capacity $50,000.00, medical $50,000.00 general and pain and suffering $100,000.00. SIGNED BY CLAI14ANT: RRY M. r TZLER RECEIVED APR 14 1986 PHIL BATCHELOR nCLERKQOARA UPERv1$ORS 1 `�CyYN7RA TA C 2. t t: u? . L i♦ FRED F. COOPER • ATTORNEY AT LAW ' TRIBUNE TOWER SUITE 800 13T-- AND FRANKLIN STREETS , OAKLAND,CALIFORNIA 94612 SIMONE S. HARLESS (415) 893-4884 Legal Assistant March 26, 1986 Clerk Board of Supervisors County Administration Building 651 Pine Street Martinez, California 94553 RE: HARRY M. EZTLER Gentlemen: I enclose original and two copies of Claim of Harry M. Eztler. Please stamp one copy and return it to me in the self addressed stamped envelope enclosed. Please keep the other two copies for processing. V y trulyurs, ed Cooper FFC:mdh ENC. CLAIM AGAINST THE COUNTY OF CONTRA COSTA 1. CLAIMANT'S NAME (print): Harry. M. Etzler 15151 - 40th Avenue Oakland California 94601 2. CLAIxMNT'S ADDRESS: ' - (address) (City) (State) (Zip Code) 3. A.*OUNT OF CLAIM $ 2 0 0 ,0 0.0. 0 0 PHONE NO. 261-0116 4. ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFRENT FROM LINES an (print) Fred F. Cooper., Attorney at Law '�`�ig� (Name) ACL, +.�� _...L Tribune Tower, 13th &--Franklin MAR �� ���� (Street or P.O. Box Number) Oakland, California 94612 PHIL GATCHPLO� (City) (State) (Zip Code) L[ CO OF'�U?=:4VICORS - ON A COSTA B _ oep� 5. DATE ember .23 , 1985, approximately 8: 30 p.m. M 6. LOCATION OF ACCIDENT, LOSS: Sun Valley Mall in Concord, California and Buchanan Field Airport 7. . HOW DID ACCIDENTiLOSS OCCUR: The County of Contra) Costa ailowed,permi t-tPci and ratified the building of the Sun Valley Mall , a populated shoppincL mall in close proximity to Buchanan Field Airport. On December '23 , 1985, a Beechcraft plane crashed into the mall . The Countv .was negligent in causing the crash; the County is liable under strict (continued) 8. DESCRIBE INJURY/DAMAGE Investigation , under way presently, 9. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY/DAMAGE/LOSS, IF KNOWN: Investigation- under way presently. 10. ITL•MIZATION OF CLAIM (list items totalling amount Be , forth above): Investigation under way presently. . $ f $ • I $ TOTAL $ 11. Signed by or on behalf of Claimant: PA 12. Dated: r Mara #F ' ' pN Claim to Contra Costa County Board of Supervisors - Harry M. Etzler Continuation of No. 7: 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 system, 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 Claim to Contra Costa County Board of Supervisors - Harry M. Etzler Continuation of No. 7: 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 system, 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. ArIENDED BOARD OF SUPERVISORS OF OMM COSTA ODMM CALMMNM BOARD ACTION Claim Against the County, or District ) NOTICE TO CLADRM April 29 , 1986' governed by the Board of Supervisors, ) The Copy o s tmailed to Tou is >ovr 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: Cary Lodge Attorney: Marvin K. Lewis Lewis :& Lewis Address: 690 Market St. ,Penthouse San Francisco; CA 94104 Hand delivered Amount: $4, 000, 000- 00 By delivery to clerk on larch 31, 1986 Date Reoei ved: March 31, 1986 By mail, postmarked an 1 FROM Clerk of the Hoard of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 1, 1986 PHIL BATCHEM, Clerk, By Deputy a, hy KUdwies II. OM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) (x) This claim oomplies substantially with Sections 9110 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: I Dated: By• c��!c Deputy County Counsel III. FROM: Clerk of the Board 70: (1) &nty Counsel, (2) County Administrator { ) Claim was returned as untimely with notice to claimant (Section 911.3). C IV. BOARD ORDER d By unanimous vote of Supervisors present (X) This claimlis rejected in full. ( ) Other: f I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. (� Dated: APR1986 PHIL BATCHELOR, Clerk, By 9-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 ohoioe in oorrmtion With this matter. If you want to consult an attorney, you should1do so immediately. V. FRW: Clerk of the Board 70: (1) County Coiasel, (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 n 1�PHIL BATOMDR, Clerk, By L:a , Deputy Clerk oat County Administrator (2) Co mtv r-ft in-nal f i t AMENDED CLAIM AGAINST COUNTY OF CONTRA COSTA CLAIMANT'S NAME: GARY LODGE CLAIMANT' S ADDRESS: 3429 Gregory Drive West Pittsburg, CA 94565 (415) 458-4532 ADDRESS TO WHICH NOTICES ARE MARVIN K. LEWIS, ESQ. TO BE SENT: LEWIS & LEWIS 690 Market Street, Penthouse San Francisco, CA 94104 Telephone: (415) 421-7616 WHEN DID THE DAMAGE OR INJURY OCCUR? December 23, 1985 at approximately 8 :30 p.m. WHERE DID THE DAMAGE OR INJURY OCCUR? Sun Valley Mall in 'Concord, California and Buchanan Airport DETAILS OF OCCURRENCE: The County� of Contra Costa, allowed permitted and ratified the building of the {Sun Valley Mall, a populated shopping mall in close p roximitylto the Buchanan Field Airport. On December 23, 1985, a Beechcraft plane crashed into the Mall The County was negligent in causing the crash; 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 to the airport, for the inadequate and outdated landing and directional navigation systems, for the actions which caused and contributed to the injuries to plaintiff and others . The County of Contra Costa is liable for the acts, omissions and conduct of its agents and employees. EC IVED MAR 3 1966 3 '. IS PHIL BATCHELOR CLW SOA�9=eputy S %AVONT A 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. NAMES OF COUNTY OFFICERS, SERVANTS OR EMPLOYEES CAUSING DAMAGE: 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 claim and complaint. DAMAGES CLAIMED: Serious bodily injury, mental injuries and negligent infliction of emotional distress. COMPUTATION OF CLAIMED AMOUNT: Estimated. NAMES AND ADDRESSES OF WITNESSES, DOCTORS AND HOSPITALS: Investigation is underway. EXPENDITURES ON ACCOUNT OF THIS ACCIDENT OR INJURY: Investigation is underway. AMOUNT OF DAMAGES CLAIMED: $14,000,000.00. DATED: March 31 , 1986 LEWI & LEWI BY MARVIN K. LEWIS -2- CLAN BARD (ff' SDMVISORS OF CUM COSTA COMM. CALIFO IA BOARD ACTION Claim Against the County, or District ) yMCE 70 CLADMT April 29 , 1986 governed by the Board of Supervisors, ) The copy s document W119d to lou 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 wWarnings". Claimants Cindy Lodge Attorney: Marvin K. Lewis Lewis & Lewis Address: 690 Market St. , Penthouse San Francisco, CA 94104 Hand delivered Amount: $4,000, 000- 00 By delivery to clerk on March 31, 1986 Date Received: March 31, 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TOi County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 1, 19 8 6 PHIL HATWELOR, Clerk, By ` w�� Deputy CZE-hy KVowles II. FROM: County Counsel M1 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: ! .l Dated: By: w L Deputy County Counsel III. FROM: Clerk of,the Hoard 70: (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 0�5 o�k.onae,a ( X) This claimAis rejected in full. ( ) Other: I certify that this is a true and correct copy oflthe Board's Order entered in its minfor," date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNM (Gov. Code Section 913) Subject to oertain exceptions, you have only six 1(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 should1do so immediately. V. FROM: Clerk of the Board . 70: (1) County Counslel, (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 Hoard'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. i DATED:_ APR 3 01986 PHIL BAmiwt, Clerk, By , Deputy Clerk cc: County Administrator (2) Countv CounRPI [11 ' rTA EIVED AMENDED CLAIM AGAINST COUNTY OF CONTRA C PHtA TCHELOR L*LKSI vCF ST PE VISORS eputy CLAIMANT'S NAME: CINDY LODGE CLAIMANT'S ADDRESS: 3429 Gregory Drive 11 West Pittsburg, CA 94565 (415) 458-4532 ADDRESS TO WHICH NOTICES ARE MARVIN K. LEWIS, ESQ. TO BE SENT: LEWIS & LEWIS 690 Market Street, Penthouse San Francisco, CA 94104 Telephone: (415) 421-7616 WHEN DID THE DAMAGE OR INJURY OCCUR? December 23, 1985 at approximately 8:30 p.m. WHERE DID THE DAMAGE OR INJURY OCCUR? Sun Valley Mall in Concord, California and Buchanan Airport DETAILS OF OCCURRENCE: The County of Contra Costa, allowed permitted and ratified the building of the Sun Valley Mall, a populated shopping mall in close proximity to the Buchanan Field Airport. On December 23, 1985, a Beechc raft plane crashed into the Mall The County was negligent in causing the crash; the County is liable under strict liability for the cause of the occurrence. DOES 300 to 350 were employees and agents hof 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 to the airport, for the inadequate and outdated landing and directional navigation systems, for the actions which caused and contributed to the injuries to plaintiff and others. The County of Contra Costa is liable for the acts, omissions and conduct of its agents and employees. y 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. NAMES OF COUNTY OFFICERS, SERVANTS OR EMPLOYEES CAUSING DAMAGE: Plaintiff is unaware of said employees at this time, and therefore is identifying them as DOES 300 to 350. When such names are discove red plaintiff will amend by way of amending the claim and complaint. DAMAGES CLAIMED: Se riousi bodily injury, mental injuries and negligent infliction of emotional distress. COMPUTATION OF CLAIMED AMOUNT: Estimated. NAMES AND ADDRESSES OF WITNESSES, DOCTORS AND HOSPITALS: Investigation is underway. EXPENDITURES ON ACCOUNT OF THIS ACCIDENT OR INJURY: Investigation is underway. AMOUNT OF DAMAGES CLAIMED: $4,000,000.00.. DATED: March 31, 1986 LEWIq & LEWIS I BY MARVIN K. LEWIS -2- AMENDED 4. R .TM C BOARD OF SDMVISORS OF CUM COSTA OOMM. CALIPORiQIA WARD ACTION Claim Against the County, or bistriet ) WMCE 70 cLLTKANT April 29 , 1986 governed by the Hoard of Supervisors, ) The copy o s t 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 Goverment Code Section 913 and 915.4. Please note all wdarnings". Claimant: Julie Lodge, a minor, by the through her parent, Cindy Lodge, to be appointed guardian ad Litem. Attorney: Marvin K. Lewis Lewis & Lewis Address: 690 Market St. ,Penthouse San Francisco, CA 94104 Hand delivered Amount: $4, 000, 000. 00 By delivery to clerk on March 31, 1986 Date Received: March 31, 1986 By mail, postmarked on I. FROM: Clerk of the Hoard of Supervisors TOi County Counsel Attached is a copy of the above-noted claim. Dated: April 1, 1986 PHIL BATC M, Clerk, By ! Deputy a y Khowles II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (X) This claim eemplies substantially with Sections 910 and 910.2. ( ) This claim FAILS to ecmply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for `5 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send Warning of claimantfs right to apply for leave to present a late claim (Section 911.3). ( ) Other: I ! I 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 Qd By unanimous vote of Supervisors present 0„S arv-,en C� ( X) This claims rejected in full. ( Other: I I certify that this is a true and correct copy of1the Board's Order entered in its minute for date. Dated: NN 29198 PHIL BATCHELOR, Clerk, By NkAll L=L ,Deputy Clerk WA (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 Goverment 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. FRONT: Clerk of the Board 70: (1) County Coiassel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document; and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: APR PHIL BATCEAR, Mark, BY i ,. Deputy Clerk W: County Administrator (2) - County Counsel (1) I AMENDED CLAIM AGAINST COUNTY OF CONTRA COSTA CLAIMANT'S NAME: JULIE LODGE, a minor, by and through her parent, CINDY LODGE, to be appointed guardian Ad litem, CLAIMANT'S ADDRESS: 3429 Gregory Drive West Pittsburg, CA 94565 (415) 458-4532 ADDRESS TO WHICH NOTICES ARE MARVIN K. LEWIS, ESQ. TO BE SENT: LEWIS &' LEWIS 690 Market Street, Penthouse San Francisco, CA 94104 TelephoIne: (415) 421-7616 WHEN DID THE DAMAGE OR INJURY OCCUR? December 23, 1985 at approximately 8:30 p Im. WHERE DID THE DAMAGE OR INJURY OCCUR? Sun Valley Mall in Concord, California and Buchanan Airport DETAILS OF OCCURRENCE: The County of Contra Costa, allowed permitted and ratified the building of the Sun Valley Mall, a populated shopping mall in close proximity to the Buchanan Field Airport. On December 23, 1985, a Beechc raf t plane crashed into the Mall The County was negligent in causing the crash; 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 to the airport, for the inadequate and outdated landing and directional navigation systems, for the actions which caused and contributed to the injuries to plaintiff and others. The County of Contra Costa is liable for the acts, omissions and conduct of its agents and employees. RECE.IVED MAR 31 1966 3' 1 PHIL BATCHELOR CLEK CO RD OF SUPERVISORS ON COSTA eputy I A Contra Costa County, Buchanaln 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 is such are liable for punitive and exemplary damages. NAMES OF COUNTY OFFICERS, SERVANTS OR EMPLOYEES CAUSING DAMAGE: 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 claim and complaint.l DAMAGES CLAIMED: Serious bodily injury, mental injuries and negligent infliction of emotional distress. COMPUTATION OF CLAIMED AMOUNT: Estimated. NAMES AND ADDRESSES OF WITNESSES, I DOCTORS AND HOSPITALS: Investigation is underway. EXPENDITURES ON ACCOUNT OF THIS ACCIDENT OR INJURY: Investigation is underway. AMOUNT OF DAMAGES CLAIMED: $4,000,000.00. DATED: March 31, 1986 LEWIS & LEWIS BY uz, MARVIN K. LEWIS i I -2- I i AMENDED ' a- C[.AIl�1 BOARD OF WMVI90RS OF CMM COSTA �0D =. CALIPORNIA ZUARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLUMA1pT April X, 1986- - governed by the Board of Supervisors, ) The copy or this document M&119d to yov 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 Goverment Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all Warnings". Claimant: Christina Lodge, a minor, by and through her parent, Cindy Lodge, to be appointed guardian Litem Attorney: Marvin K. Lewis Lewis & Lewis Address: 690 Market St. , Penthouse San Francisco, CA 94104 Handldelivered Amount: $4, 000, 000. 00 By delivery to clerk on March 31, 1986 Date Received: March 31, 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TOi County Counsel Attached is a copy of the above-noted claim. Dated: Apr i 1 1, 19 8 6 PHIL BATCHELOR, Clerk, By Deputy Yn II. OM: County Counsel TO:i Clerk of the Board of Supervisors (Check only one) ,y/ 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 for115 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: i -i 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 ORDEyt By unanimousvote of Supervisors p-went aS ome nde-d ( X) This elaim�is rejected in full. ( ) Other: I I certify that this is a true and correct copy of the Board's Order entered in its mintfor this date. (� Dated: AR 2 9 19gu PHIL BATCHELOR, Clerk, By r , Deputy Clerk NARNM (Gov. Code Section 1913) 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 ohoioe in connection with this matter. If you want to consult an attorney, you ghoul,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 aomr-dance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed mant DATED:� APR 3 01986 PHIL BATCHELAR, Clerk, By l:�- , Deputy Clerk Aft• Iw\ . - ._. AMENDED CLAIM AGAINST COUNTY OF CONTRA COSTA CLAIMANT'S NAME: CHRISTINA LODGE, a mino r, by and through her parent, CINDY LODGE, to be appointed guardian ad litem, CLAIMANT'S ADDRESS: 3429 Gregory Drive . West Pitjtsburg, CA 94565 (415) 458-4532 ADDRESS TO WHICH NOTICES ARE MARVIN K!. LEWIS,. ESQ. TO BE SENT: LEWIS & LEWIS 690 Market Street, Penthouse San Francisco, CA 94104 , Telephone: (415) 421-7616 WHEN DID THE DAMAGE OR INJURY OCCUR? December 23, 1985 at approximately 8: 30 p.m. WHERE DID THE DAMAGE OR INJURY OCCUR? Sun Valley Mall in Concord, Calif o rriia and Buchanan Airport DETAILS OF OCCURRENCE: The County of Contra Costa, allowed, permitted and ratified the building of the 'Sun Valley Mall, a populated shopping mall in close p roximityito the Buchanan Field Airport. On December 23; 1985, a Beechc raft plane crashed into the Mall The County was negligent in causing the crash; 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 to the airport, for the inadequate and outdated landing and directional navigation systems, for the actions which caused and contributed to the injuries to plaintiff and others. The County of Contra Costa is liable for the acts, omissions and o u_ t o its agents and employees. - - ECEIVED MAR -S le 6. 3:15 PHIL BATCHELOR CLE OAR"OFSUPER 1$ORS IAD eputy b 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. NAMES OF COUNTY OFFICERS, SERVANTS OR EMPLOYEES CAUSING DAMAGE: 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 claim and complaint. DAMAGES CLAIMED: . Serio I us bodily injury, mental injuries and negligent infliction of emotional distress. COMPUTATION OF CLAIMED AMOUNT: Estimated. NAMES AND ADDRESSES OF WITNESSES, DOCTORS AND HOSPITALS Investigation is underway. EXPENDITURES ON ACCOUNT OF THIS ACCIDENT OR INJURY: Investigation is underway. AMOUNT OF DAMAGES CLAIMED: $4,0 0,000.00. DATED: March 31, 1986 LEWIS & LEWIS BY -- (z MARVIN K. LEWIS f -2- ' A M E N u BOARD OF or � OD6TA �N'!?. CALIFOBIPIA WARD ACTION Claim Against the County, or District ) vmCE m Ci.Amw AP r i 1 *29 ', 19 8 6 governed by the Board of Supervisors, ) The copy ceVTsFt mailed to you is your Routing Endorsements, and Board ) notice of the action taken on yaw claim by the Action. All Section referenoes are ) Board of Supesviaors (Paragraph We bels+), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all vWaMIAW. Claimant: Donald Ray Andrade- and Judith Ann Andrade Attorneys Norris and Norris , P. C. 2566 MacDonald Avenue Address: Richmond, CA 94804 Amount: Unspecif ied By delivery to clerk on Date Reeei ved: Ap ri 1 14, 1986 By mail, postsmarked on Ap r i 1 10, 1986 and j. Arrii il, iVdb. Clerk o the Board of Supervisors TO: JCounty el Attached is a copy of the above-noted claim. Dated: April 14, 1936 PHIL BATC HELDR, Clerk, By Cl.- IJV ' Deputy y &140W.Les II. FROM: County Counsel TO: 'Clerk o 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 910.6). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: i I I Dated: By: L-c_ Deputy County Counsel III. FROM: Clerk of the Board TO: (1) ty Counsel, (2) ,County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I N. BOARD ORDER By unanimous vote of Supervisors present (x) This claimAis rejected in full. ( ) Other: I i • I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. r� Dated: APR 1986 PHIL BATCHELOR, Clerk, ByL;o`, , , Deputy Clerk WARNM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date eP tide notice was personally served or deposited in the mail to file a cornu action an tbis claim. See Government Code Section 945.6. You may seek the advice of an attorney of your ohoioe in oonrMtian with this matter. If you want to consult an attorney, you should do so immediately. Y. 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'a 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'a right to apply for leave to present a late claim was mailed to claimant. DATED: A P R 3.� 19A6�PUL BATQ�IAR, Clerk, By� _ , Deputy Clerk f RECEIVED APR 14 1985 PHIL pATCMEIOR CIE 1 80AROOF SUP gVISORS ONT STA TO: Clerk of the Board of Supervisors °sem CONTRA COSTA COUNTY P.O. Box 911 Martinez, California 94553 DONALD RAY ANDRADE and JUDITH ANN ANDRADE hereby make first amended claim against Contra Costa County, for the sum of one million dollars ($1, 000, 000.00) and make the following statements in support of the claim: 1. Claimants' post office address is 121 Sweeney Court, E1 Sobrante, California, 94803 . 2 . Notices concerning the claim should be sent to Norris and Norris, P.C. , 2566 Macdonald Avenue, Richmond, California, 94804 . 3 . The date and place of the occurrence giving rise to this claim are January 4, 1986, on the Dam Road, located in an unincorporated portion of Contra Costa County east of the boundary of the City of Richmond, 3230 feet East of Tri Lane C/R, East of Kennedy Grove. j 4. The circumstances giving rise to this claim are as follows: At the above time and place, SAMANTHA ANDRADE, the daughter of the claimants herein, was driving in an eastbound direction on the Dam Road which road was in a dangerous condition due to fallen rocks and boulders along the side of the road and the presence of a temporary concrete wall surrounding the rocks and boulders which occupied the right hand shoulder of the eastbound lane in which SAMANTHA ANDRADE was proceeding. The road was further in a dangerous condition as a result of the "banking" of the curve leading up to the accident site from the east. SAMANTHA ANDRADE was killed when an oncoming car veered into her lane and she was unable to avoid the collision as a result of the obstruction and the shoulder. Claimants are informed and believe and thereon allege that there were other and further dangerous conditions on the road including but not limited to signing, posted speed limits, design and maintenance of the roadbed and thatieach dangerous condition of said road and roadway and adjoining areas was a proximate cause of the accident leading to the death of the claimants' daughter, SAMANTHA ANDRADE. 1 � I CLAV BOARD OF 9DPOYISORS OF CMTU OOSTA COMM. CALIF+OttNIA MM ACTION April 22 , 198Es Claim Against the County, or District ) NOTICE 70 CU IKANT s governed nd the Board of rsemerits and Hoard ) The notice of the action taken on your claimof—W—ado=mt isailed to byby the Is yow Routing Endo , ) Action. All Section references are ) Board of Supervisors (Paragraph We below), to California Government Codes ) given pursuant !to Government Code Section 913 and 915.4. Please note all *Warnings". Claimant: Donald Pay Andrade and Judith Ann Andrade Attorney: kichard E. Norris Norris& Norris Address: 2566 MacDonald Richmond, CA 94804 Amount: $1, 000, 000. 00 By delivery to clerk on Date Received: April 7, 1986 mail, postmarked on A.Dr it 3 , 1986 ert. P 7311146 369 I. FROM: Clerk of the Board of Supervisors TO: JCounty Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 7, 1986 PHIL BATCHELOR, Clerk, By *V,'L l�ln�f!1���Q�.� Deputy curny II. FROM: County Counsel TO: JClerk of the Board of Supervisors (Check only one) j ( ) This claim complies substantially with Sections 910 and 910.2. 00 This claim FAILS to oamply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days .(Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply� for,leave to present a late claim (Section 911.3). ( ) Other: I I Dated: By: Deputy County Counsel III. FROM: Clerk of the Hoard TO: (1) Kunty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I I IV. BOARD ORDER By unanimous vote of Supervisors present as W,%,P-,"A Q. M This claba kis rejected in full. ( ) Other: ' I i I certify that this is a true and correct copy of1the Board's Order entered in its minutes for this date. Dated: 1`; ? o �i PHIL BATCHELOR, Clerk, BY L , Deputy Clerk WARKM (Gov. Code Section1913) 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 an this claim. See Government Code Section 945.6. I You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you shouldldo 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: APP 3 0 1986 PHIL BA amm, Clerk, By Cb- , Deputy Clerk i cc: County Administrator (2) County Counsel (1) 1 LAW OFFICES RICHARD E. NORRIS NORRIS AND NORRIS MELANIE REYNOLDS NORRIS' A PROFESSIONAL CORPORATION COLIN J. COFFEY 2566 MACDONALD AVENUE TELEPHONE SUSAN K. NORRIS 415 235-3568 RICHMOND, CiALIFOANIA 94804-1832 OF COUNSEL - DOUGLAS C. STRAUS CERTIFIED FAMILY LAW SPECIALIST April 3, 1986 Clerk of the Board of Supervisors CONTRA COSTA COUNTY P.O. Box 911 Martinez, CA 94553 RE: Contra Costa County & Andrade, Donald & Judith Dear Clerk: Enclosed please find a first amended claim against the County of Contra Costa which I am filing on behalf of my clients. Please acknowledge receipt of the same by file stamping the enclosed extra copy of the first amended claim and returning the same to our office in the enclosed envelope. Thank you for your time and attention to this matter. Very trul� yours, I NORRIS D =n:ssen IS By Deboral Secretary /dlj Enclosures RECEIVED TO: Clerk of the Board of Supervisors APR 1385 CONTRA COSTA COUNTY P. BOX 911 PHIL BATCHELOR C1FI1K�ORF SVP VISORS' OSTA Martinez, California 94553 . . ty DONALD RAY ANDRADE and JUDITH ANN ANDRADE hereby make first amended claim against the State of Cali€ornia, Department of Transportation (CALTRANS) , for the sum of one million dollars ($1, 000, 000. 00) and make the following statements in support of the claim: 1. Claimants' post office address is 121 Sweeney Court, El Sobrante, California, 94803 . 2 . Notices concerning the claim should be sent to Norris and Norris, P.C. , 2566 Macdonald Avenue, Richmond, California, 94804 . 3 . The date and place of the occurrence giving rise to this claim are January 4, 1986, on the Dam Road, located in an unincorporated portion of Contra Costa County east of the boundary of the City of Richmond, 3230 feet East of Tri Lane C/R, East of Kennedy Grove. 4. The circumstances giving rise to this claim are as follows: At the above time and place, SAMANTHA ANDRADE, the daughter of the claimants herein, was driving in an eastbound direction on the Dam Road which road was in a dangerous condition due to fallen rocks and boulders along the side of the road and the presence of a temporary concrete wall surrounding the rocks and boulders which occupied the right hand shoulder of the eastbound lane in which SAMANTHA ANDRADE was proceeding. The road was further in a dangerous condition as a result of the "banking" of the curve leading up to the accident site from the east. SAMANTHA ANDRADE was killed when an oncoming car veered into her lane and she was unable to avoid the collision as a result of the obstruction and the shoulder. Claimants are informed and believe and thereon allege that there were other and further dangerous conditions on the road including but not limited to signing, posted speed limits, design and maintenance of the roadbed and that leach dangerous condition of said road and roadway and adjoining areas was a proximate cause of the accident leading to the death of the claimants' daughter, SAMANTHA ANDRADE. 1 5. Claimants' injuries are the loss of their child, physical, and emotional distress related thereto and damages. 6. The names of the public employees causing the claimants' injuries are unknown to claimants at this time. 7. The claimants' claim as of this date is one million dollars ($1, 000.000. 00) . �. 8. The basis of the computation of the above amount is the best estimate of the attorney for claimants. DATED• 7 NORRIS 'AND WORRIS BY RIC RD E. NORRIS Attorneys for Claimants 2 •. J LAW OFFICES. ;✓✓- RICHARD E. MORRIS NORRIS AND NORRIS MELANIE REYNOLDS NORRIS A PROFESSIONAL CORPORATION TELEPHONE COLIN J. COFFEY 2566 MACDONALD AVENUE (415) 235-3568 RICHMOND, CALIFORNIA 94804-1833 OF COUNSEL DOUGLAS C. STRAUS March 20, 1986 Clerk of the Board of Supervisors CONTRA COSTA COUNTY P.O. Box 911 Martinez, CA 94553 RE: Contra Costa County & Andrade, Donald & Judith Dear Clerk: Enclosed please find a claim against the County of Contra Costa which I am, filing on behalf of my clients. Please acknowledge receipt of the same by executing the bottom of this letter and returning the same to our office in the enclosed envelope. Thank you -for your time and attention to this matter. Very trulylyours, NORRIS AND N IS By Deborah� Jenssen Secretary /dlj Enclosure I acknowledge receipt of the above claim. I I r � E RECEIVED MAR a-51986 PHIL BATCHELOR CLE OAR SUPERVIS AS TO: Clerk of the Board of Supervisors NTRA STA O. CONTRA COSTA COUNTY P.O. Box 911 Martinez, California 94553 DONALD RAY ANDRADE and JUDITH ANN ANDRADE hereby make claim against Contra Costa County for the sum of one million dollars ($1, 000, 000. 00) and make the following statements in support of the claim: 1. Claimants' post office address is 121 Sweeney Court, E1 Sobrante, California, 94803. 2. Notices concerning the claim should be sent to Norris and Norris, P.C. , 2566 Macdonald Avenue, Richmond, California, 94804. 3 . The date and place of the occurrence giving rise to this claim are January 4, 1986, on the Dam Road, located in an unincorporated portion of Contra Costa County east of the boundary of the City of Richmond. 4. The circumstances giving rise to this claim are as follows: At the above time and place, SAMANTHA ANDRADE, the daughter of the claimants herein, was driving in an eastbound direction on the Dam Road which road waslin a dangerous condition due to fallen rocks and boulders along the side of the road and the presence of a temporary concrete wall surrounding the rocks and boulders which occupied the right hand shoulder of the eastbound lane in which SAMANTHA ANDRADElwas proceeding. The road was further in a dangerous condition as a result of the "banking" of the curve leading up to the accident site from the east. SAMANTHA ANDRADE was killed when an oncoming car veered into her lane and she was unable to avoid the collision as a result of the obstruction and the shoulder. Claimants are informed and believe and thereon allege that there were other and further dangerous conditions on the road including but not limited to signing, posted speed limits, design and maintenance of the roadbed and that each dangerous condition of said road and roadway and adjoining areas was a proximate cause of the accident leading to the deaih of the claimants' daughter, SAMANTHA ANDRADE. , 1 l 5. Claimants' injuries are the loss of their child, physical, and emotional distress relatedIthereto and damages. 6. The names of the public employees causing the claimants' injuries are unknown to claimants at thii time. 7. The claimants' claim as of this date is one million dollars ($1, 000. 000.00) . 4 8. The basis of the computation of the above amount is the best estimate of the attorney for claimants. DATED• �J'z--) NOR3 IS AND NORRI BY RICHARD E. NO IS Attorneys for Claimants 2 A M E N D E D BOARD CF SUPERVISORS CF 03M C=A amw, CALII+O�IA - BARD ACTION Claim Against the County, or bistriat ) IVTICE TO CLAIM W April 2 9 1986 governed by the Board of Supervisors, ) The copy of-W9 document i0led to you is yaw Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references a,m ) Board of supervisors (Paragraph I9, beim+), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4• Please note all `Warnings*. Claimant: Virginia Lui bin '6u-.- 1 Attorney: Lawrence James s' Less APR 10 1986 Less , Weaver ,&' Winer Address: 580 Market St. , Ste. 400 Mftnel, CA 9 San Francisco ,. CA 94104 4553 Amount: $4,000, 000. 00 By delivery to clerk on Date Reeeiv* Ap r i 1 9 , 1986 By mail, postmalrked on April 7 , 1986 I. FROM: Clerk of the Hoard of Supervisors 70: County Counsel Attached is a oopy of the above-noted claim. Dated: April 10, 1986 MIL. BATOMM, Clerk, By peputy Gamy w es II. FROM: County Counsel 1b: Clerk o e Board o 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 claimantfs right to apply ifor leave to present a late claim (Section 911.3). ( ) Other: Dated: By: c.c Deputy County Counsel III. FROM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator ( ) Claim was returned , untimely with notice to claimant (Section 911.3). i IV. BOARD WER By unanimous vote of Supervisors present r,#-s an,e.r,dQ d ( X) This alai" rejected in full. ( ) Other: t I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 1986 PHIL BATCHMOR, Clerk, By , Deputy Clerk L�L WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (b) months from the date of this notice was personally served or deposited in the mail to file a court action on thio 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 notififed the claimant of the Boardls action on this claim by mailing a copy of this document, and a memo thereof has been tiled and endorsed on the Board's copy of this Maim in accordance With Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATM:_ APR 1986 PHIL BATQMAR, Clerk, By LOLm��� , Deputy Clerk cc: County Administrator (2) County Counsel (1) + SUPPLEMENT TO CLAIM Attached hereto and marked as Exhibit "1" is the original claim filed on behalf of VIRGINIA LUI on March 27, 1986. - On April 4, . 1986, a Notice of Insufficiency was forwarded to the offices of claimant ' s attorney indicating that the Claim was insufficient becausel the Claim failed to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computlation of the amount claimed and the Claim fails to give an adequate description of the injuries or damages sustained. ad, The original Claim is hereby supplemented as follows: 1 . Four Million Dollars ( $4,000,000.00) . Medical treatment for VIRGINIA LUI is continuing. Wage loss for VIRGINIA LUI is also continuing. 2. Severe burns, emotional and psychological distress and a leg and knee injury requiring casting. DATED: April 7, 1986 LESS, WEAVER & WINER i l BY: Lawr a Jamess s RECEIVED ---- APR I 196 PHIL 4ATCMEL0" CLERBOARD SUPELISONS NTROStA C� l ORIGINAL Instructions to Cla i,._.mtC!erk of the Board � v3/�':nQ .jly Ii06 Martinez Calitomia94553 ' A. 'Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) ` B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine, Street, Martinez , California 94553. C. If claim is against a district governed. by the Board of Supervisors, rather than the County, the name of the District should be filled in. - D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end oTthis form. !ffltf�* ltAftict*1RRlf**�!A**!!Rl��***!*#Af••!!i*!!!!!!Rt*t!!!!!A!*!!!!!!!! RE: Claim by )Reserved for Clerk's filing stamps VIRGINIA LUI ) ECP ED ) Against the COUNTY OF CONTRA COSTA) MAR -a71 d� or DISTRICT) -3.. -30 Fill i n name PHIL BATCMELOn CLER !lCAR SUPEHVI ORS `JTR OSTA Co The undersigned claimant hereby makes claim algains Y ra Costa or the above-named District in the sum of $ and in support of this claim represents as foIllows: ————————-——————------------1--------------- —--————————T—:—————————————— ——————————————--— ——— ---— 1 . When did the damage or injury occur? (Gilve exact date andiourj December 23, 1985, approximately 8: 30 p.i. ———————————T———————————————— —————————�•I——————————————————-- - 2. where did the damage or in3ury occur? (Include city and county i Sunvalley Mall in Concord, California and Buchanan Field Airport 3T How d10 the damage or injury occur? (Gile full details, use extra sheets if required) The County of Contra Costa allowed, permitted and ratified the building of the Sunvalley Mall , a populated shopping mall in close proximity to Buchanan Field Airport. On December 23, 1985, a Beechcraft plane crashed into the mall . I The County was negligent in causing the crash; the. County is liable under strict (continued) 4----------------------------------------------;---------------------:----- . what particular act or omission.. on the part of county or district officers , - servants or employees caused the injury or damage? See answer to No. 3, above. 'ORIGINAL (over) E)Xfi F"HiP T 5; • What are the name- of county or district off? -yrs, servants or employees causing�he damage or injury? Pl.a'intiffs are unaware of said employees at this time, and, therefore, are identifying them as Does 300 to 350. When such names are discovered, plaintiffs will amend by way of amending the complaint. 6. what damage or injuries do you claim resulted? ZGive full extent of injuries or damages claimed. Attach two estimates for auto damage) Serious bodily and mental injuries 7. How was the amount claimed above computed? (Include the-estitnate-a amount of any prospective injury or damage.) Estimate. 6. Names and addresses of witnesses, doctors and hospitals. Investigation underway preseintly. , --------------------------------------------------- --------- 9 . List the expenditures you made on account of this accident or in3ury: DATE ITEM AMOUNT Investigation underway presently. Govt. Code Se 910.2 provides: "The im si � on d by a laimant SEND NOTICES TO: (Attorney) orb so a erh half. " Name and Address of Attorney Lawrence James Less, Esq. Claim s S1 na re LESS, WEAVER & WINER 89,3 Mal ibt/ Dl'bi ve 580 Market Street , Suite 400 J Addr ss San Francisco, CA 94104 Concord 1 ' ornia 9 Telephone No. (415 ) 989-8200 \Telephone No. i NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village' board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " i • Claim to Contra Costa County Board of Supervisors: Continuation of No. 3: liability for othe 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 Sunvalley 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 plaintiffs 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 1 j PROOF OF SERVICE BY MAIL 2 3 I declare t.hat. I am employed in the County of 4 San Francisco, State of California.' I am over the age of art to the within cause; m 5 eighteen years and not a party y 6 business address is 580 Market Street, Suite 400 , San Francisco, 7 California 94104 . 8 On April 7, 1986 , I served the within 9 SUPPLEMENT TO CLAIM 10 on thearties listed below in said b placing a true P Y P 9 11 copy thereof enclosed in a sealed envelope with postage 12 thereon fully prepaid, in ;,the United States Mail at 13 San Francisco, California addressed as follows: 14 15 Clerk of the Board 651 Pine Street , #106 16 Martinez, CA 94553 17 Vicki J. Finucane Deputy County Counsel 18 P.O. Box 69 Martinez , CA 94553-0006 19 20 21 22 23 I declare .under penalty of perjury that the foregoing 24 is true and correct. Executed on ' April 71' 1986 25 at San Francisco, California. 26 27 Paula TorgersorL 28 i I _ AMENDED 2� CLRI14 BOARD OF SOPPY OF'CUM CIMA 000NPf, CALIFORNIA -' April,-29', 1986 Claim Against the County, or bistriet ) MnCE TO CLk7AWT governed by the Board of Supervisors, ) The copy Led to you is Your Routing Endorsementa, and Hoard ) notice of the action taken on your claim by the Action. All Section references are ) Board of supervisors (Paragraph I9, below), to California Government Codes ) given p:asuantlto Government Code.Section 913 and 915.4. Please not OOk wings e Claimant: Virginia Lui APR 1 O , Attorney: Lawrence ,lames. Less 986 Less_ , Weaver & Winer Address: 580 Market. St. , Ste. 400 • San Francisco;. CA 94104 �Tr���r o clerk on April 9 , 1986 wont• $4, 000, 000. 00 . By mail harked an ` Date unreadable Date Received: April 9, 1986 . postmarked I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: An r i 1 10 1, 9 6 PH31 BATMMLOR, Clerk, By II. FROM: County Counsel 70: 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 11 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning •of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: I I Dated: 6 By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) ty Counsel, (2) County Administrator ( ) Maim was returned as untimely with notice to elaii nt (section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present as a„nended (X) This elaimkis rejected in full. ( ) Other: I I _ I certify that this is a true and correct copy of the Board's Order entered in its minutes for 1t�k�,.g date. Dated: 2 i��6b PHIL BATCHELOR, Clerk, By � , Deputy Clerk WARNING (Gov. Code Section 914) Subject to oertain exceptions, you have only six (6)'month3s 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 CaaLsel, (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 documem, land a memo thereof has been filed and endorsed on the Board's copy of this Claim in aceordanee with Section 29703. ( ) A warningofclaimant's right to apply for leave to present a late claim was mailed t DATM: K ;i U1986 PAIL BATCF=R, Clerk, By �,N , Deputy Clerk cc: County Administrator (2) - County Counsel (1) v SUPPLEMENT TO CLAIM Attached hereto and marked as Exhibit "1" is the original claim filed on behalf of VIRGINIA LUI on March 27, 1986. On April 4, 1986,. a Notice of Insufficiency was forwarded to the offices of claimant 's attorney indicating that the Claim was insufficient because the Claim failed to state the amount . claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of - compultation of the amount claimed and the Claim fails to give an a1dequate description of the injuries or damages sustained. The original Claim is hereby supplemented as follows: 1 . Four Million Dollars ($4,000,000.00) . Medical treatment for VIRGINIA LUI is continuing. Wage loss for VI-RGINIA LUI is also continuing. 2. Severe burns, emotional and psychological distress and a leg and knee injury requiring casting . DATED: April 7; 1986 LESS, WEAVER & WINER f wUA* RECEIE L'awra Jamess e s APR 1986 - -- - - - -:. PHIL QATCHELOR CLER BOAR OF SUPERVISO NTR A STA. 0. L1,r.�'-. ♦v: ......-.... va vvca.a.. �...._— -- —I- ---- --r �.Uillvrrgurara��,uc�uunw. Instructionsto Clai► �ntC•e;k of the Board 4 MioG Martinez.California 94553 Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at 'its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a' district governed by the Board of Supervisors# rather than, the County, the name of the District should be filled in. - D. If the claim is against more than one public entity, separate claims must be filed against each public entity) E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end his form. t*tttttt •ttttttttirtttttttttttttlltttttttltttttttAtttttttttA•ttt*tt*tltt••t RE: Claim by ) Reserved for Clerk's filing stamps VIRGINIA LUI ) E� O'D Against the COUNTY OF CONTRA COSTA] IV';Nll -a-71 u 0 or DISTRICT) -y 3 O (Fill in name PHIL DATCHELcn CLER 'CaR SUPERx6jra ?1TR O$TAc The undersigned claimant hereby makes claim agains Costa or the above-named District in the sum of $ and in support of this claim represents as follows: T--.------------------Wh-en-d-id--h-e-dam-a-g-e-o-r-injury occur? (Gve-------------------- ---- exact date and hour] December 23, 1985, approximately 8:30 p.m. --------- "r------------.�—_.—T---••---••------�•I-------�.�------------•• ---- . 2. where did the damage or injury occur? (Include city and county] Sunvalley Mall in Concord, California aril- Buchanan Field Airport 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 Sunvalley Mall , a populated shopping mall in close proximity to Buchanan Field Airport. On December 23, 1985, a Beechcraft plane crashed into the mall .I The County was negligent in causing the crash; the. County is liable under strict (continued) ------ _ _ _ _ _ _ i ------------ ---- 4 . what particular act or omission on the part of county or di5strict officers , servants or employees caused the injury ' or damage? See answer to No. 3, above. (over) ORIGINAL 5; what are the name- of county or district off4 --srs, servants or employees causing,,—he damage or. injury? u Plaintiffs are unaware of said employees at this time, and, therefore, are identifying them as Does 300 to 350. When such names are discovered, plaintiffs will amend by way of amending the complaint. 6.- What damage or in)UN; do you claim resulted? ZGiverfull extent of injuries or damages claimed. Attach two estimates for auto damage) Serious bodily and mental injuries - --- 7. How was the amount claimed above computed? (Include the estimate amount of any prospective injury or damage.) Estimate. ---------------------------------------------------------- --------------- 6. Names and addresses of witnesses, doctors and hospitals. Investigation underway presently. 9. List the expenditures you made on account of this acca.dent or �n3ury: DATE ITEM. AMOUNT Investigation underway presently: !!**!!!!llrt #!!*!!t**#!**!!#*******************A*!***********AA*RRA*AAA*AAA Govt. Code Se 910.2 provides: "Theim si d by a laimant SEND NOTICES TO: (Attorney) orJb so a ers on Ure x3ehalf. " Name and Address of Attorney Lawrence James Less, Esq. I Claim s Si na re LESS , WEAVER & WINER 893 Malibu/D*hjve 580 Market Street, Suite 400 % I Addr ss San Francisco, CA 94104 Concord li orrri 944 Telephone No. (415) 989-8200 Telephone No. ***AAA*!*!A!****t******!***!**A********AAAA*AAA*AAAAAA*AAAAAAAAAAAA•«**AAS 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 to Contra Costa County Board of Supervisors: Continuation of No. 3 : liability for othe cause of the occurrance. 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 Sunvalley Mall in close proximity to the. airport, for the inadequate and outdated landing and directional navilgation systems, for the other actions which caused and contributed to the injury to plaintiffs 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. Y2j PROOF OF SERVICE -B- 2 3 I declare that I am employed in the County of i 4 San Francisco, State of California. I am over .the age of 5 eighteen years and not a party to the within cause; my 6 business address is 580 Market Street, Suite 400 , San Francisco, 7 California 94104 . 8 On April 7, 1986 , I served the within 9 SUPPLEMENT TO CLAIM 10 on the parties listed below in said cause by placing a true 11 copy thereof enclosed in a sgaled envelope with postage 12 thereon fully prepaid, in ...,the United States Mail at 13 San Francisco, California addressed as follows : 14 15 Clerk of the Board 651 Pine Street, #106 16 Martinez , CA 94553 17 Vicki J. Finucane Deputy County Counsel, 18 P.O. Box 69 Martinez, CA 94553-0006 19 20 21 22 23 I declare under penalty of perjury that the foregoing 24 is true and correct. Executed on April 7, 1986 25 at San Francisco, California. 26 27 1 71 28 Paula Torgerso QUAIL •1U: bUAkW OF SUPERVISU1(-b Ur' LU TIUt UL'lR-4-(hrf4?1cMi applicationto: Instructions to ClaimantC•erkoithe 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 relatingto 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 filing stamps VIRGINIA LUI ) ' ECIQ WED Against the COUNTY OF CONTRA COSTA; or DISTRICT) Fill a n name PHIL BATCHELOR CLER rCAR SUPERVI ORS NTR OSTA CO The undersigned claimant hereby makes claim against Y ra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------ •------------••-T-T--------------- ------- -----and------- --- 1. When did the damage or injury occur? (GiieIexact••date hour•• December 23, 1985,' approximately 8:30 p.m. ---------_-T----------------T-T------------••-i--_----T------------------ 2. Where did the damage or injury occur? (I`clude city and county) Sunvalley Mall in Concord, California and Buchanan Field Airport ---- •------------------- -- - ---� - - - --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 Sunvalley Mall , a populated shopping mall in close proximity to Buchanan Field Airport. On December 23, 1985, a Beechcraft plane crashed into the mall. I The County was negligent in ----causing the crash; the County is liable under strict (continued) ----------------------------------L-------------------------- 4 . what particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? See answer to No. 3, above. I (over) ORIGINAL i ' I 5. • What are the names of county or district officers, servants or Emp�loyees •causing ,the damage or injury? Plaintiffs are unaware of said employees at this time, and, therefore, are identifying them as Does 300 to 350. When such names are discovered, plaintiffs will amend by way of amending the complaint. 6. What damage or injuries do you claim resulted? ZGive full extent of injuries or damages claimed. Attach do estimates for auto damage) Serious bodily and mental injuries ------------ ------------------------------------------------------- --- 7. How was the amount claimed above computed? (Include the estimate amount of any prospective injury or damage. ) Estimate. I 6. Names and addresses of witnesses., doctors and hospitals. Investigation underway presently. ----------------------------------------------------r-------------- r—t-- 9. List the expenditures you made on accountof this accident or injury. DATE ITEM I AMOUNT Investigation underway presently. Govt. Code Se910.2 provides : "TheC04- im si d by e. laimant SEND NOTICES TO: (Attorney) or ;b so a ers on xv r1ehalf. " Name and Address of Attorney I � Lawrence James Less , Esq. I Claim s S1 na re LESS, WEAVER & WINER 893 Malib D ve 580 Market Street, Suite 400 Addr ss San Francisco, CA 94104 `� Concord li ornia 9 Telephone No. (415 ) 989-8200 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. " i i ,Claim to Contra Costa County Board of Supervisors: Continuation of No. 3: i I liability for othe cause of the occurrance. 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 Sunvalley Mall in close proximity to thel airport, for the inadequate and outdated landing and directional navigation systems, for the other actions which caused and contributed to the injury to plaintiffs 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 builti in such close proximity to Buchanan Field Airport and as such are liable for punitive and exemplary damages. I i Claim to Contra Costa County Board of Supervisors: Continuation of No. 3: liability for othe 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 Sunvalley 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 plaintiffs 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 I I r A M E N D E D BOARD OF 9UMVISORS OF ONA 0MA COUFff, CALIPUFNIA BOARD ACr= April -29, 1986 Claim Against the County, or biatrict ) VMCE TO CLAIIrlW governed by the Board of Supervisors, ) The copy of a tmailed to you is your Routing Endorsementa, and Board ) notice of the action taken on your olaim by the Action. All Section references are ) Board of Supervisors (Paragraph I9, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note{ W66Q sW. Claimant: Kenneth Lui APR 10 1986 Attorneys Lawrence James Less Less, Weaver & Winer Martinez, CA 94553 Address: 580 Market St. ,Ste. 400 San Francisco, CA 94104 Transmittal April '9 , 1986 Amount: $4000, 000. 00 By delivery to clerk on Date Received: April 9, 1986 By mail, postmarked an /Date unreadable I. FROM: Clerk of the Board of Supervisors TO: Canty Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 10, 1986 PHIL BATCHELOR, Clerk, BY OLDeputy -C—athy K owles II. FROM: County Counsel 10: Clerk ofBoard of Supervisors (Check only one) (,x) This claim complies substantially with Sections 9101 and 910.2. ( ) This claim FAILS to oomply 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). a ( ) Other: i I 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). i IV. BOARD ORDER By unanimous vote of Supervisors present (X ) This claimkis rejected in full. ( ) Other: I I certify that this is a true and correct copy of the Board's Order entered in its minutesRfor9t date. Hy n Dated: AA�� 2 PHIL BATCf�.OR, Qerk, l:a , Deputy Clerk NARNING (Gov. Code Section 913) Subject to certain exoeptions, you have only six (6) months from the date cif 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,iand a memo thereof has been filed and endorsed.on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of elaimantts right to apply for leave to present a late claim was mailed DATED: Hr 7986 PHIL BATQjEAR, Clerk, Byn ! , Deputy Clerk i CC: County Administrator (2) - County Counsel (1) SUPPLEMENT TO CLAIM Attached hereto and marked as Exhibit "1" is the original claim filed on behalf of KENNETH LUI on March 27, 1986. On April 4, 1986, a Notice of Insufficiency was forwarded to the offices of claimant 's attorney indicating that the Claim was insufficient because the Claim failed to state the amount claimed as of the date of 'presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed and the Claim fails to give an adequate description of the injuries or damages sustained. The original Claim. is hereby supplemented as follows: 1 . Four Million Dollars ( $4,000,000.00) . Medical treatment for KENNETH LUI is continuing. Wage loss for KENNETH LUI is also continuing . 2. Severe . burns, emotional and psychological distress. DATED: April 7, 1986 -LE WEAVER & NER Lv1tiCA Y RECEIVE � BY: Lawr c Jamess Le APR `� 1986 PHIL BATCHELOR { CLERKOARD F SUPERVISOR$ NTRA TA CO. i i I CLAIM '1U: b�' 1) OF SUPERVISUiLb Ur: L INTA �:"I�{�rf 1 fapplicationto: Instructions to ClaimantC!erkolthe Board 1 1 Q ,T f y /f io G Martinet,Calitomia 94553 A. Claims relating to causes of action for death or for injury to personvor 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 this form. RE: Claim by ) Reserved for Clerk' s filing stamps KENNETH LUI ) EC DIED Against the COUNTY OF CONTRA COSTA) MAR ell ob ) 3'•30 or DISTRICT) PHIL BATCHELOR CLERK SOAR FSUPER Fill in name ) NTR COSTAC OA$ The undersigned claimant hereby makes claim against the County of ontra Costa or the above-named District in the sumiof $ and in support of this claim represents as follows: ---------------------------i----------------=---------------------- --�� 1 . When did the damage or injury occur? (Give exact date and hour] December 23, 1985, approximately 8:30 p.im. 2, where-did-the damage or injury occur? (Include city and county3 Sunvalley Mall in Concord, California anld Buchanan Field Airport 3. How did the damage or injury occur? (Give fu1S details, use extra sheets if required) The County of Contra 'Costa allowed, permitted and ratified the building of the Sunvalley Mall , a populated shopping mall in close proximity to Buchanan Field Airport. On December 23, 1985, a Beechcraft plane crashed into the mall . l The County was negligent in _causing the crash; the County is liablle under strict (continued) 4 . What -articular act or omission ---------------------uT--- --- P on the part of county or district officers , servants or employees caused the injury or damage? See answer to No. 3, above. ORIGNAL (over) 5. what are the name`,,_,bf county or district offi_..�ars, servants or - employees causing the damage ,or injury? Plaintiffs are unaware of said employees at this time, and, therefore, are identifying them as Does 300 to 350. When such names are discovered, -plaintiffs will amend by way of amending the complaint. 6. what damage or in]uries do you claim resulted? ZGive full .extent of injuries or damages claimed. Attach two estimates for auto damage) Serious bodily and mental injuries ------------ ----------------------------------- --_-1--------N--N-- --- 7. How was the amount claimed above computed? Include the estimate amount of any prospective injury or damage. ) Estimate. f -- 8. Names and addresses of witnesses, doctors and hospitals. Investigation underway presently. �. List the expenditures you made on account� of th;s accident or �niury: . DATE ITEM AMOUNT I Investigation underway presently. **�*tAttft•ttt*t�f*****t***RA*ft*�A*f****Rf*ti►t**A��**�R*!**t*tt�AA*tA**f* Q Govit. Code Sec. 910.2 rovides: " claims ned by a claimant SEND NOTICES TO: (Attorney) o b some son On h behalf. " r Name and Address of Attorney Lawrence James Less , Esq. I e R ant s nature LESS, WEAVE & WINER / 893 Ma Drive 580 Market Street, Suite 400 dres San Francisco, CA 94104 Conc d C lifo is 4518 Telephone No. (415) 989-8200 ��—Segh6 _ No. *:•w��t::•.•���e*:�«:t,►+e:sxt��**��:*�**tt�r**�wIR*.:***��+r��e*rrt*�twt�t�i►*ft�ttft� NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, c resents for allows p neor 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 to Contra Costa County Board of Supervisors: Continuation of No. 3 : liability for othe cause of the occurrance. 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 Sunvalley 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 plaintiffs 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 build in such close proximity to Buchanan Field Airport and as such are liable for punitive and exemplary damages. j PROOF OF SERVICE BY MAIL 2 3 I declare that I am employed in the County of 4 San Francisco, State of California. I am over the age of 5 eighteen years and not a party to the within cause; my 6 business address is 580 Market Street, Suite 400 , San Francisco, 7 California 94104 . 8 On April 7, 1986 I served the within 9 SUPPLEMENT TO CLAIM 10 on the parties listed below in said cause by placing a true 11 copy thereof enclosed in a sealed envelope with postage 12 thereon fully prepaid, in ..the United States Mail at 13 San Francisco, California addressed as follows : 14 15 Clerk of the Board 651 Pine Street, #106 16 Martinez, CA 94553 17 Vicki J. Finucane Deputy County Counsel 18 P.O. Box 69 Martinez, CA 94553-0006 19 20 21 22 23 I declare under penalty of perjury that the foregoing 24 is true and correct. Executed on L--April 7, 1986 25 at San Francisco, California. 26 27 ` [. Paula Torgerson 28 �. AP1E ".IDED l � as f CLAIM �• BOARD OF SMWVISORS OF OMM OMA COMM CAL. IA BOARD ACTION Claim Against the County, or hatriet ) VMCE TO CLADNW Anril 29; 1986 governed by the Board of Supervisors, ) The copy of b t led to you is yaw Routing Endorsements, and Board ) notice of the action taken an your claim by the Action. All Section referenow are ) Board of Supervisors (Paragraph No below), to California Government Codes ) given pursuant to Government Codeaapp ��33 and 915.4. Please note all *iiarniniry Gotmsei Claimant: Kenneth Lui APR 10 1986 Attorney: Lawrence Jamess Less Less , Weaver &.Winer N�Brtinel, GA 945 Address: 580 Market St. , Ste. 400 San Francisco , CA 94104 Amount: $4,000, 000. 00 By delivery to clerk an Date Received:April 9 , 1986 By mail, postmarked an . April 7 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: April 10, 1936 pHIL BATOMM, •Clerk, By i Peputy y ow es II. FROND: County CounselTb: Clerk o 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: I Dated: 6 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). I IV. BOARD ORDER By unanimous vote of Supervisors present. OC) This claim is rejected in full. ( ) Other: I I I certify that this is a true and correct copy of the Board's Order entered in its minu eems�,,fordate. Dated: r K 2 91191 PHIL BATCfIDAR, Clerk, %��AAL , 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. f 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 ao 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 an the Hoard'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: ADR 2 .Nn BATM1OR, Clerk, By , Deputy Clerk Cc: Canty Administrator (2) - Canty Counsel (1) LESS, WEAVEiR BC WINEtc ATTOENEYS AT LAW SUITE 400 LAWRENCE JAMES LESS 580 MARKET STREET OF COUNSEL A PROFESSIONAL CORPORATION SAN FRANCISCO,CALIFORNIA 9, A BRIAN H.GETZ ROBERT N.WEAVER (415)989-8200 JOHN D.WINER April 7, 1986 Clerk of the Board 651 Pine Street, #106 Martinez, CA 94553 Re: Supplements to Claims Dear Clerk: Enclosed please find three Supplement to Claim forms in the matter of Lui v. Graham, et al . Kindly file the original and return the endorsed filed copy t,o this office in the envelope provided. If you have any questions regarding this matter, please do not hesitate to contact this office. 1 Very truly yours, LESS, WEAVER & WINER Paula Torgerson Secretary Pt Enclosures SUPPLEMENT TO CLAIM Attached hereto and marked as Exhibit "1" is the original claim filed on behalf of KENNETH LUI on March 27, 1986. On April 4, 1986, a Notice of Insufficiency was forwarded to the offices of claimant 's attorney indicating that the Claim was insufficient because the Claim failed to state the amount claimed as of the date of presentation, the estimated amount of any prospective injulry, damage, or, loss so far as known, or the basis of computation of the amount claimed and the Claim fails to give an adequate description of the injuries or damages sustained. The original Claim is hereby supplemented as follows: 1 . Four Million Dollars ( $4,000,000.00) . Medical treatment for KENNETH LUI is cIontinuing. Wage loss for KENNETH LUI is also continuing. 2. Severe burns, emotional and psIIychological distress. DATED: April 7, 1986 LE WEAVER & NER (wv«c BY: L'awr c Jamess Le RECEIVED APR � 1986 PHIL 9ATCHELOR CLERK QARQOF SUFERVI R$ n ORIGINAL ULhir. '1'u: 'li OF SUPE RViSUItS ur LUN't'x "IRrti}iKapplicationto: C . �+ Instructions to ClaimantVerk of the Board 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 theistrictshould 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 KENNETH LUI ) 9ECV E D UNAI� Against the COUNTY OF CONTRA COSTA) MAR jdb 3'•30 or DISTRICT) PHIL BATCHELOR CLERK SOAR FSUPERORS (Fill i n name ) NTRY COSTA C �+r The undersigned claimant hereby makes claim against the tounty of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: -T-1. When did the damage or injury occur? (Give exact date and hourf---- December 23, 19851 approximately 8:30 p.m. 2. Where did the damage or in ury occur? Include cit and count Sunvalley Mall in Concord, California anld Buchanan Field Airport -T---H- ------------------- 3. - --------------- ----- --T ;------------ ow--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 Sunvalley Ma111 , a populated shopping mall in close proximity to Buchanan Field Airport. On December 23, 1985, a Beechcraft plane crashed into the mall . i The County was negligent in ----causing the crash; the County is liable under strict (continued) 4 . Whatarticular act or omission o - - -- P n the part-o--f--coun---ty-- -or d:istrict- T --- officers , servants or employees caused the injury or damage? See answer to No. 3, above. ORIGINAL (over) . �H 12--;�IT 5. , What ,are '1-he name�.bf county, or district offi__.:rs, servants or employees causing the damage or injury? Plaintiffs are unaware of said employees at this time, and, therefore., are identifying them as Does 300 to 350. When such names are discovered, plaintiffs will amend by way of amending the complaint. -----••--- -- ------T-Z--T-------�•-- T------- T------------------ !;W- 31 6. what damage or inures do you claim resulZGive full extent of injuries or damages claimed. Attach two estimates for auto damage) ' Serious bodily and mental injuries ------------ ------------------------------------------------------- -- 7. Bow was l.he amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Estimate. -- — --z------------------ S. m Naes and addresses of witnesses, doctor-s and hospitals. Investigation underway presently. 9. List the expenditures you made on account of this accident or ln3ury: DATE ITEM AMOUNT Investigation underway presently. Govt. Code Sec. 910.2 rovides: " claims ned by a claimant SEND NOTICES TO: (Attorney) ot b some Pkeson on h behalf. " 4 - Name and Address of Attorney sw�/�� Lawrence James Less, Esq. aimhnt s nature LESS, WEAVER & WINER 893 Ma u Drive 580 Market Street, Suite 400 ' dre s San Francisco, CA 94104 Concord, C lifo is 4518 Telephone No. (415) 989-8200 \'�----Te!1p�4Ta . No. art*,►t*♦•�R*�,Osie****�r�**,r**��*****+r*�r��**�***,rf***tr,t****t*caret,►*#*�*�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 to Contra Costa County Board of Supervisors: Continuation of No. 3 : liability for othe 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 Sunvalley 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 plaintiffs 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. 1 PROOF OF SERVICE BY T1AIL 2 3 I declare that I am employed in the County of 4 San Francisco, State of California. I am over the age of 5 eighteen years and not a party to the within cause; my 6 business address is 580 Market Street, Suite 400 , San Francisco, 7 California 94104 . 8 On April 7, 1986 „ I served the within 9 SUPPLEMENT TO CLAIM 10 on the parties listed below in said cause by placing a true 11 copy thereof enclosed in a sealed envelope with postage 12 thereon fully prepaid, in :the Unite d States Mail at 13 San Francisco, California addressed as follows: 14 15 Clerk of the Board 651 Pine Street, #106 16 Martinez, CA 94553 17 Vicki J. Finucane Deputy County Counsel 18 P.O. Box 69 Martinez, CA 94553-0006 19 20 21 22 23 I declare under penalty of perjury that the foregoing 24 is true and correct. Executed on April 7, 1986 25 at San Francisco, California. 26 27 28 Paula Torgerson i I CLAIM TU; bUARD OF SUPERVISUtts Ur' UIJ 'x '1A "104_- i�Kapplicationto: instructions to ClaimantC•erk of the Board i `4if; e SA,/06 f.� Martinez,Calitomia 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing I 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 Adminisitration Building, 651 Pine Street, Martinez , California 94553. i 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 ) Reser ed for .Clerk's filing stamps KENNETH LUI ) EQ I� Against the COUNTY OF CONTRA COSTA) MAR 2:71`��b ) 3'•30 or DISTRICT) PHIL BATCHELOR CLERKc7CAR (SUPER ORS (Fill I n name ) NTR COSTA C Putt The undersigned claimant hereby makes claim against the ounty of Contra Costa or the above-named District in the sumIof $ and in support of this claim represents as folllows: ----------------------------r---------------- -------------------- ---- 1. When did the damage or injury occur? (Give exact date and hour] December 23, 1985, approximately 8:30p- --- I. PP Y P. ! , — ———————— T— ————————————T—-————————————————————————————————————————— 2. Where aid the damage or injury occur? (Include city and county) Sunvalley Mall in. Concord, California and Buchanan Field Airport —'r————— •—————— ----- --------------------------- ---------------————————————————————————--3 ——-— ——————--—-- detai . How did the damage or injury occur? (Give full- ls use extra sheets if required) The County of Contra Costa allowed, permitted and ratified the building of the Sunvalley 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; the County is liable under strict (continued) 4. What particular act or omission on the part of county or or officers , servants or employees caused th`e injury or damage? See answer to No. 3 , above. I to RIGt INAL (over) 5�. What are the names of col;nty or district officers, servants or employees causing the damage or injury? Plaintiffs are unaware of said employees at this time, and, therefore, are identifying them as Does 300 to 350. When such names are discovered, plaintiffs will amend by way of amending the complaint. . What damage or in3uries do you claim resulted? ZGive full extent of injuries or damages claimed. Attach two estimates for auto damage) Serious bodily and mental injuries ------ ----------------------------------------------------------- 7. o -R w was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Estimate. 6. Names and addresses of witnesses, doctors and hospitals. Investigation underway presently. ---------------------------------------------- -----s-----s--------s-�s---- 9. List the expenditures you made on account of this accident or in3ury: DATE ITEM AMOUNT Investigation underway presently. 1 Gott. Code Sec. 910.2 rovides : " claim s ned by a claimant SEND NOTICES TO: (Attorney) o by some son on h behalf. " Name and Address of Attorney Lawrence James Less , Esq. I a1 Ant s nature LESS, WEAVER & WINER 893 Ma u Drivel 580 Market Street, Suite 400 1 A74 dre s San Francisco, CA 94104 Conc rd C lifo Lia %451818 Telephone No. (415) 989-8200 \� - -e_I arhC 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, of 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. " r Claim to Contra Costa County Board of Supervisors: Continuation of No. 3 : liability for othe 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 Sunvalley 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 plaintiffs 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 Iin such close proximity to Buchanan Field Airport and as such are liable for punitive and exemplary damages. i 4 A11, EdDE D CLUM BOARD OF SMVIS OF � COSTA COMM a CALIFO IA �t BOARD ACTION Claim Against the County, or District ) IiOTICE 70 CLAIKAXT April 29; 1986 governed by the Board of Supervisors, ) "e copy a ti0led to you ie your Routing Endorsemeents# 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 VWarninW. Claimant: Kenneth M. Lui, a minor COunty Counsel Attorneys Lawrence James Less APR 10 198fi Less , Weaver & Winer Address: 580 Market S t. ,Ste. 400 San Francisco, . CA 94104 fi Amount: $4, 000, 000. 00 By delivery to clerk on Date Received: April 9, 1986 By mail, postmarked on Al2ril 7 , 1986 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: A-Pr i 1 10 , 193.6 PHIL BATOMM, Clerk, By ti �1n' eputy Ca hv inowles 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 amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act .for li 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: f Dated: 75 By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) Ckunty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimlant (Section 911.3). I IV. BOARD ORDER By unanimous vote of Supervisors present (�O This elaiAls rejected in full. ( ) Other: I I I certify that this is a true and correct copy of the Board's Order entered in its minu fort date. �� Dated: R 2 9 PHIL BATCHELOR, Clerk, I , 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 10: (1) County Co:a:se1, (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,*d a memo thereof has been filed and endorsed an 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 3 01986 PHIL BAMMDR, Clerk, By , Deputy Clerk cc: County Administrator (2) - County Counsel (1) !'Ln1r14 lu: bu U OF SUPERV16ux5 ur' (.:vNTlil r applicationto: Instructions to ClaimantC!erkoftheBoard " f Martinez Celitomia94553 A. Claims relating -to causes of action for death or for injury to person or to personal property or growing! lcrops 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. 21 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. trrtrrrrrrrrrrrrrrrr�r*rf�+►*r*+rt**r**r*rrr��tt.*tt�r*r�**t�ftt+t*rtetr***t** RE: Claim by ) Reserved for Clerk's filing stamps KENNETH M. LUT , a minor b; his _ guardian Ad Litem, KENNETH LUI RECIVED� Against the COUNTY OF CONTRA COSTA) [AAR XTii 66 or DISTRICT) PHIL DATCHELO� Fill In name ) 6 `ERC TRDA F'Taco'so S 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: ---------------------------------------------=------------------- ----h'hen did the damage or 1n�ury occur? (Give exact date and hour] December 23, 1985, approximately 8:30 p.m. . -------••---•r---•..---...---.---�•-T-T--------------I�..----------------- ---- 2. k'here did the damage or injury occur? (Include city and county3 'I Sunvalley Mall in Concord, California and Buchanan Field Airport - ------------------------------------------- ------ ------------ 3. Y.ow did the damage or injury occur? (Givie full details, use extra sheets if required) The County of Contra Costa allowed, permitted and ratified the building of the Sunvalley Mall , a populated shopping mall in close proximity to Buchanan Field Airport. On December 23, 1985, a Beechcraft plane crashed into the mall . I The County was negligent in causing the crash; the County is liable under strict (continued) 4 . khat articular act or omissio ------------------ n -----T----" Pon the parof county or district officers , servants or employees caused thi injury or damage? See answer to No. 3, above. .. I I (over) J ORIGINAL OF% IT 5. What are the name ?f county or district off Drs, servants or employees causing he damage or injury? Plaintiffs are 4inaware of `said 'emoloyees ajt this time, and, therefore, are 'identifying, them as Does 300 to 350. When such names are discovered, plaintiffs will amend by way of amending the complaint. 6. -what-damage or ries do you claim resulted? Give fuii extent of injuries or damages claimed. Attach two estimates for auto damage) Serious bodily and mental in)uries 7. Bow was-the amount Claimed above computed? (Include the estimates amount of any prospective injury or damage. ) Estimate. ------------- 8. Names and addresses of witnesses, doctorsiand hospitals. Investigation underway presently. 9. List the expenditures you made on account of this accident or �n3ury: DATE ITEM AMOUNT Investigation underway presently. Govt. Code Sec. 910.2 provides: "Th claims ned by imant SEND NOTICES TO: (Attorney) or b some PeMon on Asbehalf." Name and Address of Attorney ++�►� Lawrence James Less , Esq. ` C ant S $1 ature LESS, WEAVER & WINER 893 Mal Drive 580 Market Street, Suite 400 Ad e s San Francisco, CA 94104 Concord ali€ornia 94518 I Telephone No. X415) 989-8200 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, orlto 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 to Contra Costa County Board of Supervisors: Continuation of No. 3: liability for othe cause of the occurrance. 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 Sunvalley - Mall in close proximity to the lairport, for the inadequate and outdated landing and directional navigation systems, for the other . actions which caused and contributed to the injury to plaintiffs 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 l 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 1 i S• 1 1 PROOF OF SERVICE BY MAIL 2 3 I declare that I am employed in the County of 4 San Francisco, State of 'California. I am over the age of 5 eighteen years' and not a party to the within cause; my 6 business address is 580 Market Street, Suite 400 , San Francisco, 7 California 94104 . 8 On April 7, 1986 , I served the within 9 SUPPLEMENT TO CLAIM 10 on the parties listed below in said cause by placing a true 11 copy thereof enclosed in a sealed envelope with postage 12 thereon fully prepaid, in the United States Mail at 13 San Francisco, California addressed as follows: 14 15 Clerk of the Board 651 Pine Street , #106 16 Martinez, CA 94553 17 Vicki J. Finucane Deputy County Counsel 18 P.O. Box 69 Martinez , CA 94553-0006 19 20 21 22 23 I declare under penalty of perjury that the foregoing 24 is true and correct. Executed on April 7, 1986 25 at San Francisco, California. 26 27 28 Paula Torgerso LESS, WEAVER 8c wINEiR ATTORNEYS AT LAW SUITE 400 LAWRENCE JAMES LESS 580 MARKET STREET OF COUNSEL A PROFESSIONAL CORPORATION SAN FRANCISCO,CALIFORNIA 941014 BRIAN H.GETZ ROBERT N.WEAVER (415)989-8200' ! JOHN D.WINER April 7, 1986 Vicki J. Finucane Cee�ty(10.1117W Deputy County Counsel APR P.O. Box 69 0 6 1985 Martinez , CA 94553-0006 Nftne2, �'A9 Re: Lui v. Graham, et al. 9553 Dear Ms. Finucane: Enclosed herewith please find a copy of the Supplement to Claim filed in this action. This document supplies the information which you require pursuant to your Notice of Insufficiency.. I have filed three such documents, one for Kenneth M. Lui , a minor, one' for Kenneth Lui and one for Virginia Lui . Please advise if any further information is required . from my offices at this time. It is my understanding that all such claims are being denied as a matter of course. I would appreciate it if you would forward the denial letter to my offices so that I can serve the Complaint filed herein. Very . truly yours, L , WEAVER & WINER RECEIVED APR 1986 w PHIL BATCHELOR I Lawrence ames Less CLERK BOARD OF SUPE V SOBS 111 CONj COSTA C Enclosures SUPPLEMENT TO CLAIM Attached hereto and marked as Exhibit "1" is the original .claim filed on behalf. of KENNETH M. LUI , a minor, on March 27, 1986. On April 4, 1986, a Notice of Insufficiency was forwarded to the offices of claimant 's attorney indicating that the Claim was insufficient because the Claim failed to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed and the Claim fails to give an adequate description of the injuries or damages sustained. The original Claim is hereby supplemented as follows: 1 . Four Million Dollars ( $4,000,000.00). Medical treatment for KENNETH M. LUI , a minor, is continuing . 2. Severe burns, emotional and psychological distress. DATED: April 7, 1986 L , WEAVER & WINER 'VL•.'y�-J}ti�ti -� % 0.W tnn�r✓` � RECEIVEDBY: L r ce James Less APR � 1986 PHIL BATCHELOR CLERK69A )OF SU/ERVI RS NTRA�STA CO. la 1�: ry i C!erk of the Board Instrtldtigns to Claimant Martinez.Calitomia 94553 n. Claim 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 fine 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 Districtshould 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 or this form. RE: Claim by ) Reserved for Clerk's filing stamps KF.NNF.TH M. LUT , a minor by his RECE ,� uardian Ad Litem, KENNETH LUI Against the COUNTY OF CONTRA COSTA) I-AAR a-TiHbi or DISTRICT) PHIL SATCHELOPI (Fill i n name ) EDWMI R 9 The undersigned claimant hereby makes claim against the County of Contra Costa or t_he above-named District in the sumlof $ and in support of thisclaimrepresents as follows: 1 . When did the damage or injury occur? (Give exact date and hour] December 23, 1985, approximately 8: 30 pJm. 2. k'here ala the damage or injury occur? (Include city and county Sunvalley Mall in Concord, California and Buchanan Field Airport 3T. -- -- ---------------- Pow inuy L (Give dull details, use extra sheets if required) The County of Contra ;Costa allowed, permitted and ratified the building of the Sunvalley 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; the County is liable under strict (continued) 4 .- What particular act or omission on the part of county oz district officers , servants or employees caused the injury or damage? See answer to No. 3, above. ORIGI (over) lNAL t employees causing �t.he damage or injury? -Plaintiffs are unaware of said employees at this time,. and, therefore, are ider' tifying . them as Does 300 to 350. When such names are discovered, plaintiffs will amend by way of amending the complaint. --r-R--z------------- -..--------- 6. What damage or injuries do you claim resulted? ZGive uYY extent of injuries or damages claimed. Attach two estimates for auto damage) I . Serious bodily and mental injuries -I - --- --- --- 7.__Sow_was the amount claimed above computed? (Include the estimates amount of any prospective injury or damage. ) Estimate. 8. Naiaes and addresses of witnesses, doctors and hospitals. Investigation underway presently. . ----------------------------------------------- --- -------------- - ---- 9. List the expenditures you made on account of this accident or in3U DATE ITEM AMOUNT Investigation underway presently. tt«ttt#ttttt#*####t#*«#tttt*«*«t#««!*««««««*««t*•«�««**«««�*«R•««RA�lR!*t* Gott. Code Sec. 910.2 provides: "Th claims ned by imant SEND NOTICES TO: (Attorney) orb some pemon on His elf." Name and Address of Attorney Lawrence James Less, Esq. I C ant' s S1 aturd LESS, WEAVER 6 WINER 893 alAw Drive 580 Market Street, Suite 400 Ad#e` s San Francisco, CA 94104 Concord- ali€or-gia 94518 Telephone No. (415) 989-8200 Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. ".. Claim, to Con'tra, Costa County Board of Supervisors: Continuation of No. 3: ff liability for othe cause of the occurrance. 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 Sunvalley - 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 plaintiffs 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 J 1 PROOF OF SERVICE BY TIAIL 2 3 I declare .that I am employed ,in the County of .4 San -Francisco, State' of California. I am over the age of 5 eighteen . years .and not' a .party to the within cause; my 6 business address is 580 14arket Street, Suite 400 , San Francisco, 7 California 94104 . . 8 On April 71 1986 , I served the within. 9 SUPPLEMENT TO CLAIM 10 on the . parties listed below in said cause by placing a true 11 copy . thereof enclosed in a sealed envelope with postage 12 thereon fully prepaid, in .the United States 1,1ail at 13 San Francisco, California addressed as follows : 14 15 Clerk of the Board 651 Pine Street, #106 16 Martinez, CA 94553 17 Vicki J. Finucane Deputy County Counsel 18 P.O. Box 69 Martinez, CA 94553-0006 19 20 21 22 23 I declare under penalty of perjury that the foregoing 24 is true and correct. Executed on j April 7, 1986 25 at San. Francisco, California. 26 27 28 Paula Torgerso i M, lam: bUARD OF SUPERVIbUlt5 Ur' C:UN•1'ttA U"RJ_-(�r,�i�t applicationto: C!erk of the Board x - Instructions to Cflaimant `��r'� Q ��,/ /pio 6 mama 21i Martinez,California 94553 A. Claims ielatirig to-causes of action for death or for injury to person or to personal property or growing crops must be presented not later thanthe 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 oT this form. i *teticatttt** tt1t*ftRi,**+tit*1t�,t1t1t**lkir**.teltttt**�*,tlttrtrt,*fret*1t***tc��**,t+tAtA**!ir*ir RE: Claim by ) Reserved for Clerk's filing stamps KFNN .TH M. LUII a minor br his ) --� guardian Ad Litem, KENNETH LUI ) ECI ED_ g ) DIS � ^ ^ J Against the COUNTY OF CONTRA COSTA) MAR XV9db' or DISTRICT) PNtL GATCHELOR (Fill i n name ) s LER c ARD TRA ���6TACO 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 . -- - -------------I-------------------- - - 1.--W-hen----did----the---damage--------or--injuryT--- occur? (Give exact date and hour- ] --- December 23, 1985, approximately 8:30 p.m. ----------------------------T--------------------------y----------y) ---- 2. k'here did the damage or injury occur? (Include cit and count Sunvalley Mall in Concord, California and Buchanan Field Airport -T----.---- -------------- - ------------------ ow ----- --- - -ow 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 Sunvalley 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; the County is liable under strict (continued) 4 . what pArticular act Or omission on the part of county or district - officers , -servants or employees caused t injury or damage? See answer to No. 3, above. (over) ORIGINAL What( a.r6 -,.;the names of county Or' district officers, servants or employees . causing the damage or injury? Plaintiffs are unaware of said employees at this time, and, therefore, are identifying them as Does 300 to 350. When such names are discovered, plaintiffs will amend by way of . ame_n_ding the complaint. What damag-e or injuries do you claim resul�te�? ZGiv-e full extent of injuries or damages claimed. Attach two estimates for auto damage) Serious bodily and mental injuries ------------ --------------- ---------------------------------�- 7. flaw was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Estimate. 8.- Names and addresses of witnesses, doctorsiand hospitals.' - Investigation underway presently. 9. List the expenditures you made on account of this accident or in3ury: DATE ITEM AMOUNT Investigation underway presently. Govt. Code Sec. 910.2 provides : "Th laim sJNned by aimant SEND NOTICES To: (Attorney) or by some pe*on on h' s behalf. " t Name and Address of Attorney ( ^�� Lawrence James Less, Esq. C ant s Si LESS, WEAVER & WINER 893 Mal Drive 580 Market Street, Suite 400 Ad e s San Francisco, CA . 94104 Concord- a1-3€or a 94518 Telephone No. (415) 989-8200 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. " r � . MAS Claim to Contra Costa County Board of Supervisors: Continuation of No. 3 : liability for othe cause of the occurrah ce. 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 Sunvalley - 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 plaintiffs and others. The County of Contra Costa is lilable 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. P I A M E N D E D 2 . CLAIM BOARD OF SUPERVISORS OF Com'A OMA OMM-9 CAL11001A Claim Against the County, or tdatriet ) VMCE TO C[.1DONT April 29, 1986 governed by the Board of SUpervisors, ) The COPY Ws t ed 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 ITP below), to California. Government Codes ) given pursuant to Government Code Section 913 and 915.4. Flease note all !'marring. Claimant: Mario Salvatore Jones Attorney: Morris & Norris , P. C. 2566 MacDonald Ave. Address: Richmond, CA 94804 Amount: Unspecif ied By delivery to.clerk on Date Received:April;a 14, 1986 By mail, postmarked On April 11 , 1986 I. OM: Clerk of the Board of Supervisors 70: County Ui=el Attached is a copy of the above-noted claim. Dated: April 14, 1986 pHB, BATCHELDR, Clerk, By �vw Deputy a yKndwits II. M. County Counsel 10: Clerk of the aR 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 910.6). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section, 911-3). ( ) Other: Dated: J By: 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 ODER By unanimous vote of Supervisors present o.s 0,-r V%er h d e d (X) This cla*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� s date. Dated: uPHIL BATCHELOR, Clerk, By L , Deputy Clerk WARNIM (Gov. Code Section 913) Subject to oertain exoeptlow. you have only six (6) months from the date ce this notice was personally served Or deposited in the mail to file a court aetion,on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your ohoioe 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 Cow-sag (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 ori the Board's copy of this Claim in accordance with Section 29703. U ) A warning of claimant's right to apply for leave to present a,late claim was mailed to claimant. DATED:_ APR 9 0 N PBII. BATaom, Clerk, By �� , Deputy Clerk Cc: County Administrator (2) County Counsel (1) RECEIVED APR N 1986 PHIL BATCHELOR MCLK10 OF SUPERVISORS CoN COSTA TO: Clerk of the Board of Supervisors Deal„ CONTRA COSTA COUNTY P.O. Box 911 Martinez, California 94553 MARIO SALVATORE JONES hereby makes a first amended claim against Contra Costa County, for the sum of one million dollars ($1, 000,000.00) and make the following statements in support of the claim: 1. Claimant's post office address is 1100 Howe Avenue, Sacramento, California, 95825. 2 . Notices concerning the claim should be sent to Norris and Norris, P.C. , 2566 Macdonald Avenue, Richmond, California, 94804. 3 . The date and place of the occurrence giving rise to this claim are `January 4, 1986, on the Dam Road, located in an unincorporated portion of Contra Costa County east of the boundary of the City of Richmond, 3230 feet East of Tri Lane C/R, East of Kennedy Grove. 4 . The circumstances giving rise to this claim are as follows: The claimant was a passenger in a vehicle driven by SAMANTHA ANDRADE and was driving in an eastbound direction on the Dam Road which road was in a dangerous condition due to fallen rocks and boulders along the side of the road and the presence of a temporary concrete wall surrounding the rocks and boulders which occupied the right hand shoulder of the eastbound lane in which claimant was proceeding. The road was further in a dangerous condition as a result of the "banking" of the curve leading up to the accident site from the east. MARIO SALVATORE JONES was . injured when an oncoming car veered into her lane and she was unable to avoid the collision as a result of the obstruction and the shoulder. Claimant is informed and believes and thereon allege that there were other and further dangerous conditions on the road including but not limited to signing, posted speed limits, design and maintenance of the roadbed and that each dangerous condition of said road and roadway and adjoining areas was a proximate cause of the accident leading to the injuries of claimant. 1 . . t cLAnK EDAM OF 9DPERVI90RRS OF CNM 00STA ODMM, CRLI KMU . �Ait'D ACTION Claim Against the County, or District ) Bm`ICS TO CL TI�lA1Pf Ap r i 1 22 ; 1986- governed by the Board of Supervisors, ) The copy of s docinent naled to you is Your Routing Endorsements, and Board ) notice of the action taken on yam' claim by the Action. All Section references are ) Board of Supervisors (Paragraph I9, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWaMinW* Claimant: Mario Jones Attorney: Richard E. Norris Norris & Norris Address: 2566 MacDonald Avenue Richmond, CA 94804 - Amount: $1, 000, 000. 00 _ 1, 000, 000. 00 _ By delivery to clerk on Date Received: April 7, 1986 By mail postmarked on' An r i 1 3, 1986 Cert .�; P 731 146 370- I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 7 , 1986 pHIL BATCgMM, Clerk, By 0ti Deputy a v Knowles Ii. FROM: County Counsel 1b: Clerk of the Board of Supervisors (Check only one) !. ) This claim complies substantially with Sections 910 and 910.2. _ 0<) 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: ( t.. 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 DRDER By unanimous vote of Supervisors present as ( X) This claimAis rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for ' s date. Dated: , ' 9 14PHIL 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 We 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 to claimant. DATED:- APR 3 0 19$6 PHIL BATOMAR, Clerk, By b- , Deputy Clerk ec: County Administrator (2) County Counsel (1) CLAIM BOARD OF SUPERVISORS OF O r A TSTA TERM, CALnKNQ 11RD ACTION Claim Against the County, or hstriet ) NMCE 70 Q.ADIW April `22 , 1986" governed by the Hoard of Supervisors, ) The copy of a t led to Tau le your Routing Endorsementa, and Hoard ) notice of the action taken on yow claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, bels►), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarninp*. Claimant: Mario Jones Attorneys Richard E. Norris Norris & Norris Address: 2566 MacDonald Avenue Richriond, CA 94804 Amount: $1, 000, 000. 00 - By delivery to clerk on Date Received: April 7 , 1986 By mall, postmarked on April 3 , 1986 Cert ,�-. P 731 146- 37T- 1. 46. 37I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 7 , 1986 PHIL BATCHELOR. Clerk, By �,ti-SV� Deputy =.y Knowles II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) t ) 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 910.6). ( ) 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: / i - 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 aS o,,nn�n Ae,d ( X) This claisAis 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 9 1T�b PHIL BATCHELOR, Clerk, By Lo" , 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 an this claim. See Goverment Code Section 945.6. You'say 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. FRMS: Clerk of the Board 10: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We ratified 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 29T030 ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: APR 3 0 1986 PHIL BATCHELOR, Clerk, ByiL -, Deputy Clerk cc: County.Administrator (2) County Counsel (1) ' LAS,/ OFFIC'ES' RICHARD E. NORRIS NORRIS AND NORRIS '4M ELAN I£ REYNOLDS NORRIS` A PROFESSIONAL CORPORATION COLIN J. COFFEY TELEPHONE 2566 MACDONALD AVENUE SUSAN K. NORRIS I3415) 235-3568 1CHMOND, CALIFORNIACALIFOBNIA 94804-1832 OF COUNSEL - DOUGLAS C. STRAUS - *CERTIFIED FAMILY LAW SPECIALIST April 3, 1986 Clerk of the Board of Supervisors CONTRA COSTA COUNTY P.O. Box 911 Martinez, CA 94553 RE: Contra Costa County & Jones, Mario 9 Dear Clerk: Enclosed please find a first amended claim against the County of Contra Costa which I am filing on behalf of my client. Please acknowledge receipt of the same by file stamping the enclosed extra copy of the first amended claim and returning the same to our office in the enclosed envelope. Thank you for your time and attention to this matter. Very truly yours, X55 NORRIS NORRIS By Deborah Jenssen Secretary /dlj Enclosures a RECEIVED TO: Clerk of the Board of Supervisors APR 1386 CONTRA COSTA COUNTY P.O. Box 911 p4a sATCME).G* cLeRK Martinez, California 94553 01 °0 �� ,sows MARIO SALVATORE JONES hereby makes first amended claim against the State of California, Department of Transportation (CALTRANS) for the sum of $1,000, 000.00 and makes the following statements in support of the claim: 1. Claimant's post office address is 1100 Howe Avenue, Sacramento, California, 95825. 2 . Notices concerning the claim should be sent to Norris and Norris, P.C. , 2566 Macdonald Avenue, Richmond, California, 94804. 3 . The date and place of the occurrence giving rise to this claim are January 4, 1986, on the Dam Road, located in an unincorporated portion of Contra Costa County east of the boundary of the City of Richmond, 3230 feet East of Tri Lane C/R, East of Kennedy Grove. 4. The circumstances giving rise to the claim are as follows: The claimant was a passenger in a vehicle driven by SAMANTHA ANDRADE and was driving in an eastbound. direction on the Dam Road which road was in a dangerous condition due to fallen rocks and boulders along the side of the road and the presence of a temporary concrete wall surrounding the rocks and boulders which occupied the right hand shoulder of the eastbound lane in which claimant was proceeding. The road was further in a dangerous condition as a result of "banking" of the curve leading up to the accident site from the east. MARIO SALVATORE JONES was injured when an oncoming car veered into the lane in which he and SAMANTHA ANDRADE were traveling and SAMANTHA ANDRADE was unable to avoid the collision as a result of the obstruction and the shoulder. Claimant is informed and believes and thereon alleges that there were other and further dangerous conditions on the road including but not limited to signing, posted speed limits, design and maintenance of the roadbed and that each dangerous condition of said road and roadway and adjoining areas were a proximate cause of the accident leading to the injuries of claimant. 1 5. Claimant's injuries are: physical injury to claimant's arm and hand as well as other portions of claimant's anatomy. 6. The names of the public employees causing the claimant's injuries are unknown to claimant at this time. 7 . The claimant's claim as of this date is $1,000,000.00. 8 . The basis of the computation of the above amount is the best estimate of the attorney for claimant. �6 DATED: NORR AN NORRIS BY R CHARD E. NORRIS Attorneys for Claimant 2 LAW OFFICES RIC*I=;ARO E. NORRIS , N,01R$IS AND 2i0I4IRIS MELANIE-REYNOLDS NORRIS A PROFESSIONAL CORPORATION 1 COLIN J. COFFEY 2566 MACDONALD AVENUE 15)235.356 ' (415 235.3568 RICHMOND, CALIFORNIA 94804-1833 OF COUNSEL DOUGLAS C. STRAUS March 20, 1986 Clerk of the Board of Supervisors CONTRA COSTA COUNTY P.O. Box 911 Martinez, CA 94553 RE: Contra Costa County & Jones, Mario Dear Clerk: Enclosed please find a claim against the County of Contra Costa which I am filing on behalf of my client. Please acknowledge receipt of the same by executing the bottom of this letter and returning the same to our office in the enclosed envelope. Thank you for your time and attention to this matter. Very truly yours, "j, ` . NORRISANON RRIS By Deborah enssen Secretary /dlj Enclosure I acknowledge receipt of the above claim. RECEIVED MAR Q5198b TO: Clerk of the Board of Supervisors Contra Costa Count PHIL ATCHELOR County CL BOAR SJPERVIS S P.O. Box 911 ONTR OST O. Martinez, California 94553 MARIO SALVATORE JONES hereby makes claim against Contra Costa County for the sum of $1, 000, 000. 00 and makes the following statements in support of the claim: 1. Claimant's post office address is 1100 Howe Avenue, Sacramento, California, 95825. 2 . Notices concerning the claim should be sent to Norris and Norris, P.C. , 2566 Macdonald Avenue, Richmond, California, 94804 . 3. The date and place of the occurrence giving rise to this claim are January 4, 1986, on the Dam Road, located in an unincorporated portion of Contra Costa County east of the boundary of the City of Richmond. 4. The circumstances giving rise to the claim are as follows: The claimant was a passenger in a vehicle driven by SAMANTHA ANDRADE and was driving in an eastbound direction on the Dam Road which road was in a dangerous condition due to fallen rocks and boulders along the side of the road and the presence of a temporary concrete wall surrounding the rocks and boulders which occupied the right hand shoulder of the eastbound lane in which claimant was proceeding. The road was further in a dangerous condition as a result of "banking" of the curve leading up to the accident site from the east. MARIO SALVATORE JONES was injured when an oncoming car veered into the lane in which he and SAMANTHA ANDRADE were traveling and SAMANTHA ANDRADE was unable to avoid the collision as a result of the obstruction and the shoulder. Claimant is informed and believes and thereon alleges that there were other and further dangerous conditions on the road including but not limited to signing, posted speed limits, design and maintenance of the roadbed and that each dangerous condition of said road and roadway and adjoining areas were a proximate cause of the accident leading to the injuries of claimant. 5. Claimant's injuries are: physical injury to claimant's arm and hand as well as other portions of claimant's . anatomy. 1 6. The. names of the public employees causing the claimant's injuries are unknown to claimant at this time. 7. The claimant's claim as of this date is $1, 000, 000.00. S. The basis of the computation of the above amount is the best estimate of the attorney for claimant. DATED: r t NORRI1 IqJAND NORR S BY RI D E. N RRIS Attor eys for C aimant 2 CLUN BOARD OF SUralO=A ODDI iT, CAL_IFDRiPId MUD ACTION Claim Against the County, or bistriet ) MCE W C[JIII�lA14'!'April 29, 1986 11 governed by the Board of Supervisors, ) The Copy Led to you is your Routing Endorsements, and Board ) notice of the action taken on 7cua claim by the Action. All Section references are ) Board of Supervisors (Paragraph IY, below), to California Government Codes ) given pursuant to Goversment Code Section 43 and 915.4. Please note all *Warnings". Claimant: Patricia Okerse Memsic. and. John Memsic � Attorney: Robert Famulener Brown & Finney Address: One Maritime P1aza,Ste. 1200 San Francisco , .CA 94111 Transmittal Amounts $200, 000. 00 By delivery to clerk on April 28, 1986 Date Received: April 28, 1986 By mail, postmarkedIon April '23— 1986 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. ._ Dated: April 25, 1986 PHIL BATCMM, Clerk, BY Deputy catW Kno a s II. County Counsel ln: Clerk o e Supervisors (Check only one) (x) This claim oamplies substantially with Sections 910 and 920.2. ( ) 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 910.6). ( ) Claim is not timely filed. Clerk should return claim an ground that it was filed late and send warning of claimant's right to applylfor leave to present a late claim (Section 911.3). ( ) Other: I I Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Maim was returned as untimely with notice to Claimant (Section 911.3). i IV.• BOARD ONDER a a� By unanimous vote of Supervisom prersent ( x) This ela*is rejected in full. ( ) Other: I certify that this is a true and correct copy oflthe Board's Order entered in its _minutes for Wffi date. Dated: APR 2 9 1986 PHIL BATOMOR 9 Clerk, By'JrL , Deputy Clerk WARNM (Gov. Code Section 913) 9ubjeet to certain exoeptions, 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 ehoioe in omrmtion with this matter. If you want to oonsult an attorney, you shoulddo so immediately. V. FROM: Clerk of the Hoard 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Hoard's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed an the Board's copy of this Maim 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 10 1986 PAIL HATCMDR, Clerk, By Deputy Clerk UJB BROWN & FINNEYI A PROFESSIONAL CORPORATION ROBERT M GROWN ONE MARITIME PLAZA FRANK H FINNEY - MICHAEL K BROWN THE ALCOA BUILDING. SUITE 1 250 ROBERT K FAMULENER SAN FRANCISCO. CALIFORNIA 941 11 I (415) 392-2255 Ceulty Cuupsel APR 2 4 1986 April 23, 1986 Martinez, CA 84553 I Ms. Vicki Finucone Deputy County Counsel c/o Clerk of the Board of Supervisors County Administration Bldg. , Rm. 106 651 Pine Street Martinez, CA. 94553 I • Re: Claim by Patricia Okkerse Memsic and John Memsic Dear Ms. Finucone: i Enclosed please find claim forms in the above-captioned matter which contain the date of occurrence of December 16, 1985. I I Thank you for your courtesy and cooperation in this regard. i Sincerely yours, Robert Famulener RKF:ee Enclosure i i I i i i SUPPLEMENTAL TO RD OF SUP—E .- -k OF CONT_ C ^ern �}r rn a ry^� pplication to: Ins tractions to Clz i mantC'`: of the Board a z l P� e .S71 'J//0 Martinez,California 94553 A. CIai.rrLs 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 anter the accrual-o` the cause -of action. Claims relating to any other cause of action must be Presented not l46er..,than. one year after the accrual of the-cause of action. (sec. 911. 2, Govt. Code) i B. Claims must be filed with the Clerk- of the Board of Supervisors at, its o=Tice in room 106 , County Administration Building, 651 Pine Street, Ma_tinez , California 94553. C. If claim _s against a district governed by the Board of Supervisors, ra.her than tie Cou-nty, the. name of the District should be� filled in. D. if the claim is acairst -lore than one public entit-V, separate claims must be riled against each public entltV. E. Fraud. See penalty for fraudulent clams,! Penal Code Sec. 72 at end of tris form. RE: C1ai-n by ) Reserved for Clerk' s fi ling stamps Patricia Okkerse Memsic and ) - John_ Memsic ) - i Again s t ) WALNUT CREED or D STR_-C:T) (F i 11 in name) ) The• ur_QeiJ_gnec cla;mint he=ebv makes cla .a acai nst the County of Contra COSta Or `*?e above-na-aed DiStr.ict in the U-1-11 OT S200 , 000 and in support of t1iS C1a_su _erJ=e52n'S a5 .Oi;iOWS_ --------------:_ ------------------------- _____ _____ 1. en did the da n. or _njuTv occur? (Gide ex=ct date and hour) ---- December 16, 1985-; 0730 i ----------------------------------------------'-------------------------- 2_ ivnere di d the damage Or injury Occur? (!r_clude ci tv and county) Taylor Blvd. , NIB 50 ' south of Pleasant Hill Road overpass in an unincorporated area of Contra Costa County. 1 O V ---------------------------*�-u_ occ-r? Give------- 3_ HOw aid the damage Or injury u-?-- (-z-- _ull details, use extra sheets -5 -f required) Claimant has no merry of the accident. The County of Contra Costa is referred to State of California Traffic Collision Report w12-249 frm which it anvears that vehicle 4!2 collided with claimant's vehicle. The driver of vehicle 12 xray have been! tmcert�a.in as to the fog lane, speed Limit, traffic lane markers or road conditions. r ----------- ---------------------- ----------------------- particular _ 4 .--what particularact Or Omi5510n On the part o-F col}�7ty Or d1StrlCt--- OiTiCers , servants Or em-olOVees caused`` the injury . o; da-mage The design and maintenance of the fog lane and traffic lane neirkers which are taithiih -the control of the County of Contra Costa are not clearly delineated.-The`-speed limit as set for tine antici- pated and present traffic conditions is excessive. The design and maintenance of the roadway, which is in the capacity and control of the County of Contra Costa, is negligently designed and/o: unsafe for reasonably foreseeable traffic conditions. I (over) 1 I Flhat are the nai. s of county or district o. _cers, servants or— . ;'employees causing the damage or injury? Such names are unknown to claimants at this time. ------------------------------- --------------------�---- ----------- 6. what -.damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) i See attached. - ----------------------------------------------------------------------- 7-: How was the amount claimed above computed? (Include tree estimated amount of any prospective injury or da_mage. ) From available medical. biLs, cost _of replacement (property damage) , gross wage information from claimant's knowledge and records. Patricia Memsic's medical care is continuing and it is unreas- onable to estimate any,aimunt in prospective injuries'or dams es at this time. Her wage loss is conf'i n,,,nom_�-Tphn Meu sj cLa-1Qs,-,. 1�or�ium_is 1.ikewise_c_on�in_u_i_ng-------------------- 8. Names and 'addresses of Witnesses, dOCtO=s 'rid hosD-LL--- Duane Chapman Gene Richards John Muir Hospital Nicholas J. Pryer Contra Costa County Hosp. 11220 Golf Links Rd. 1601 Ygnacio Valley Rd. 2230 Channing Way 2500 Alhambra Avenue Oakland, CA 94605 Walnut Creek, CA 94598 Berkeley, CA 94704 Martinez, CA 94553 ------------------------------------------------------------------- ------ 9. L15t file eXDenditures you made on account O_ this accident or injury: DATE I TEM, AMOUNT U-NT 12/85-1/86 Sigel & Wixsen body scan $859 .00 1/22/86 John Muir Hospital $4 ,105`. 00 1/86 New Volvo station wagon - $17, 000. 00 12/85-3/86 lost wages approx. $2200/mo. $7,500. 00 approx. #at at#$atm#**aF*f ac at**i#aE#at ac at*at ac$*#*#***icat*iz�c*#ic*at#at*at#**tf##at###x#at*atat#atic##ati Govt. Code. Sec. 910.2 proLT�des . "The claim signed by `ale claimant SEND NOTICES TO: (Attorney) or by. , some person on his behal=. " Name and'Address of A Corney ' R0E3E T'FAfk7UL+=NFR Robert K. Famulener, Esq. Claimant's S i gra titre Brown & Finney One Maritime Plaza, Suite 1200 One Maritime Plaza, Suite 1200 Address San Francisco, CA 94111 San Francisco, CA 94111 Telephone No_ fd151 3q2_3904 Telephone No. (415) 392-3904 NOTICE Section 72 of the Penal Code provides: "Every person kho, with intent to defraud, presents -or ellowance or for payment to any state board or officer, or . to any county, town, city distric�, ward or, vii?age board. or officer, authorizes to allow or pay the same if genuine, "any. false or fraudulent alai«, bill , account, voucher , !-or- writing is guilty of a felony. " (6) What damage or-`injur*i es do you claim resulted? (Give full extent of injuries or damages claimed . Attach two estimates for auto damage. ) Claimants ' car was totally destroved . Property damage = @ $17, 000. Patricia Memsic suffered 2+ broken vertebrae in her back, a 5 " laceration to. her head; numerous contusions and was hospitalized for 9 days . She is being treaded for . short term memory loss and receiving physical therapy . Current medical specials are @ $12 , 000 and continuing . Wage loss is @ $7 , 500 and continuing. She has incurred pain and suffering in the amount of $150,000. John Memsic has loss of consortium in the approximate amount of $25, 000. PROOF OF SERVICE .BY MAIL - C.C.P. 1013 (a) , 2015 . 5 .i I am a citizen of the United States, employed in the City and County of San Francisco, over the age of 18 years, and not a party to the within action. My business address is One Maritime Plaza, Suite 1200, San Francisco, California. On April, 15, - 1986, I, served the foregoing document: SUPPLEMENTAL CLAIM on the other parties in this action, by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows : Clerk of the Board of Supervisors County Administration Building, Room 106 651 Pine Street Martinez; CA 94553 I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California o April 15, 1986. �Q Marsha Ric A M E N D E D CLUX BOARD OF SMyI90RS OF 03M A COSTA OOWff CALIF IA BDARfl A(.'lTON claim Against the County, or bistriet ) NMCE 1+0 CLADlAZQ'!' April 29, 1986 governed by the Board of Supervisors, ) The copy a t led to you is your Routing Bndorsementa, and Hoard ) 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 91504• Please note all *Warnings". Claimant: Patricia Okkerse Memsic and John Memsic County Counsel Attorneys Robert K. Famulener Brown & Finney APR 18 1986 Address: One Maritime Plaza, Ste. 1200 San Francisco, CA 94111 Nmartlnez, CA 94553 Amount: $200, 000. 00 By delivery to clerk on Date Received: April 17, 1986 By mail, postmarked, on April 15 , 1986 I. FRONT: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 18, 1986 pHIL BATCHELOR, Clerk, By � Deputy II. FRONT: County Counsel 70: 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: Z44" . Dated: 5 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 WER 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: -- °�, I q 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. 4See Government Code Section 945.6. You may seek the advice of an attorney of your choice in oonneetiornw+1th this matter. If you want to oonsult 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 oopy 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:C 30 1 On L PHIL BATC1M OR, Clerk, By , Deputy Clerk ac: Caa:ty Administrator (2) County Counsel (1) BROWN &, FINNEY A PROFESSIONAL CORPORATION ROBERT M BROWN ONE MARITIME PLAZA FRANK H FINNEY MICHAEL K BROWN THE ALCOA BUILDING. SUITE 1250 ROBERT,K FAMULENER SAN FRANCISCO. CALIFORNIA B41 1 1 (415) 3B2-2255 April 15, 1986 Ms. Vicki Finucone Deputy County Counsel c/o Clerk of the Board of Supervisors County Administration Building, Room 106 651 Pine Street Martinez, CA 94553 Re: Claim of Patricia Okkerse-Memsic and John Memsic Dear Ms . Finucone: Enclosed please find "Notice of Insufficiency and/or Non- Acceptance of Claim" which you forwarded to our office by mail dated April 4, 1986. Also enclosed please find the amended or supplemental claims which are being submitted on behalf of Patricia Okkerse-Memsic and John Memsic. The mistakes in the original claims were through the mis- take, inadvertence, and excusable neglect of this office in that a similar claim was mailed to the State of California, but the "State of California" contained in paragraphs 3 and 4 was not changed to "Contra Costa County" . These changes have been made. on these supplemental claims. In addition, the date on which the accident occurred was not December 16 , 1986 as previously set forth in paragraph 1, but rather December 16, 1985 . For similar reasons , the lost wages referenced in para- graph 9 did not commence on "12/86" , but rather on "12/85" . Finally, I have enclosed a copy of the State of California traffic collision report for your ,easy reference with regard to this matter. If I may be of any further assistance with regard to this matter, please do not hesitate to contact me. Sincerely yours, BROWN & FI �A b Robert K. amulener mr NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE Or CLAIM TO: Robert K. Famulener Brown & Finney One Maritime Plaza, Suite 1200 San Francisco CA 94111 Re: Claim of PATRICIA OKKERSE MEMSIC and JOHN MEMSIC Please 7ake Notice as follows: The claim you presented against the County of Contra Costa or District. governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910. 2, or is otherwise insufficent for the reasons checked below: 1. The claim fails to state the name and post 'office address of the claimaint. 2 . The claim Jfails 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 thecircum- stances of the occurrence or transaction which gave rise to the claim asserted. (See 0) 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. 5. The claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation, of the amount claimed. 6. The claim i's not signed by the claimant or by some person on his behalf. x 7.. Other: The claim fails to state what particular act or omission on the part of the county gave rise to t e claim asserted. VICTOR J. WESTMAN, County Counsel Deputy Younty Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§1012, 1013a, 2015 . 5; Evid.C. §§641 , 664) My business address is the County Counsel ' s Office of Contra Costa Countv, Co.Admin.Bldg. , P.O. Box 69, Martinez, California 94553, . and I am a citizen of the United Sates, 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-Acceptance of Claim by placing it in an envelope (s) addressed as shown above (which is/are place (s) having delivery. service by U.S. rl�i; l) , which envelope (s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day depc):.ited in the U. S. .Mail at Martinez/Concord, Contra Ccsta County, California. - certify under penalty of perjury that the foregoing is true and correct. Datecl: April 4 , . 1986 at ?--lartinez , California . cc : Clerk of the Board of Supervis (original) Administrator (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. C. §5910, 910 . 2 , 910 .4 , 910 . 8) r t> SUPPLEMENTAL r.LAIM 70.- BOARD OF SUPERVISORS OF CONTRA C0§_T-�;r 9Yapplicationto' Instructions to ClaimantC!e.k of the Board Martinez,Califomia94553 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 filing stamps Patricia Okkerse- Memsic and ) John Memsic ) ECEI r. .IED Against the COUNTY OF CONTRA COSTA) APR 1'1' 1986 or DISTRICT) TCHELOR (Fill in name PHIL 11 Of SUPER ) CL K 60 Rt•F SUPERVISORS CON COSTA QD. .. .. . .. . ......... The undersigned claimant hereby makes claim against Tolinty or ConTra Costa or the above-named District in the sum of $ 200, 000 and in support of this claim represents as follows: ------ ------------------------- ------------------- 1. Wh-en---did----the---damage--------or--injury o = ccur? (Give exact date and hour) December 15 , 1985; 0730 -----------T--------------2. Where did .the damage o-r--i-nj--u-r-y-o-c-c-ur------n--c--ude---c-i-t-y--and---c --co-u_-n-ty)----- Taylor ----Taylor Blvd. , . N/B 50 ' south of Pleasant Hill Road overpass in an unincorporated area of Contra Costa County. 3. How did the damage or injury occur? (Give full details, use extra . sheets if required) Claimant has no memory of the accident. The County of Contra Costa is referred to State of California Traffic Collision Report #12-249 frcm which it appears that vehicle #2 collided with claimant's vehicle. The driver of vel-dcle #2 may have been uncertain as to the fog lane, speed limit, traffic lane markers or road conditions. 4. What particular act or omission on the part of county or district officers , servants or employees caused the in 'ur or dama e? The design and maintenance of the fog lane and traffic lane markersy which are �vIthin,the control of the County of Contra Costa are not clearly delineated. The speed limit as set for the antici- pated and present traffic conditions is excessive. The design and maintenance of the roadway, which is in the capacity and control of the County of Contra Costa, is negligently designed and/or' unsafe for reasonably foreseeable traffic conditions. (over) { 5: What are the names of county or district officers, servants or--,--- employees causing the damage or injury? Such names are unknown to claimants at this time. - ---------------------------- -------------------------- " b-.--What-- --damage-------or---injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached. 7-7:- H----ow-was------the--------amount--------claimed---above--------computed?------,---(Include---lune --------------- the estimated amount of any prospective injury or damage. ) From available medical bills, cost of replacement (property damage) , gross wage information from claimant's knowledge and records. Patricia Memsic's medical care is continuing and it is unreas- onable to estimate anyamount in 1Q9r� se injuries Qr dama Ws at this time. Her wage loss is in� Tc�hn Mems um is hkewlse c_o_nEIaL!2ng-------------------- S. Names and addresses or witnesses, doctors and hospitals. Duane Chapman Gene Richards John Muir Hospital _Nicholas J. Pryer Contra Costa County Hosp. 11220 Golf Links Rd. 1601 Ygnacio Valley Rd. 2230 Channing Way 2500 Alhambra Avenue Oakland, CA 94605 Walnut Creek, CA 94598 Berkeley, CA 94704 Martinez, CA 94553 ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 12/85-1/86 Sigel & Wixsen body scan $859 . 00 1/22/86 John Muir Hospital $4 ,105. 00 1/86 New Volvo station wagon $17,000 .00 12/85-3/86 lost wages approx. $2200/mo. $7,500. 00 approx. Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b o e . erson on his behalf. " Name and 'Address of Attorney - _ Robert K. Famulener, Esq. Claimant' s Signature Brown & Finney One Maritime Plaza, Suite 1200 One Maritime Plaza, Suite 1200 Address San Francisco, CA 94111 San Francisco, CA 94111 Telephone No. (41s) 392-3904 Telephone No. (415) 392-3904 NOTICE Section 72 of the Penal. Code provides: "Every person who, with intent .to defraud-, .presents for allowance or for payment- to any state boardor 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. " (6) What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed . Attach two estimates for auto damage. ) Claimants ' car was totally destroyed . . Property damage = @ $17, 000. Patricia Memsic suffered, 2+ broken vertebrae in her back, a 5 " laceration to her head, numerous contusions and was hospitalized for 9 days . She is being treated for short term memory loss and receiving physical therapy . Current medical specials are @ $12 , 000 and continuing . Wage loss is @ $7 , 500 and continuing . She has incurred pain and suffering in the amount of $150, 000. John Memsic has loss of consortium in the approximate amount of $25, 000. PROOF OF SERVICE BY MAIL - C.C.P. 1013 (a) , 2015 . 5 I am a citizen of the United States, employed in the City and County of San Francisco, over the age of ' 18 years, and not a party to the within action. My business address is One Maritime Plaza, Suite 1200, San Francisco, California. On April 15, 1986, I served the foregoing document: SUPPLEMENTAL CLAIM on the other parties in this action, by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows : Clerk of the Board of Supervisors County Administration Building, Room 106 651 Pine Street Martinez, CA 94553 I. declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California on April 15, 1986. Marsha Rice }-t�s„'-z t"" arr �.`•'E✓'�. �" +�'"`�. --�:_ xr- *'r � r s.;�,L�. :�' a r�i a + s"sero r--�r7 _� s..4: �c w`. -ascC.-krYC' '.t��,.i T•7-;� 1"I: 'k....�Y.,..w+.--'1'" -a .s .' .xr..ot;�' ..s+.+..�.»...-..i �: -� -y. �,y .`+h ...I i=-'•� Y - -_•.E--ry� .•1-y-t•-_ �y fir- t� „` t�, �?. f- f �: �_ � - . 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J$F ir+t� �-� OQ' 042- .� :� Y :,� ill 6'i+DtiS b8t2+OM UTIT •7tPitbG` `' ter:� � ri y '� E3 F a{:ALIFORMSA 3ATIVELSUPPLEMENTAL PAGE F ORIGINAL INGIO[NT' TIMI moo) NGIG NuM9[R t ••][`•ONt TYPt fu PPL[M[NTAL (•%••APPLIC At Lt� j}. � ��y iR RATIVE �COLL/SION REPORT ❑ BA UPDATE ❑ FATAL ❑ NIT & RUN UPDATE >•�,�-•w1. r6f- J!_ )PPLEMENTAL ❑ OTHER: - ❑ HA2. MATURIALS ❑ SCHOOL 9U3 ❑ OTHER: 7V NTY)JYO/CIAL O RIOT RPT.p1iTRICT)06AT CITATION NYMY[R 1- f DMIfV�Jt fTATt NIGH WAY R[LAT[O •!L J. ❑ YES 5 NO - <'y It v Ir r;A., .: ry . 20 —., :t r=' � '! � i- �yJ �.�� i• J r-t-- 'S_✓ ,.t`L•s.^I:.: 'f , ;`• ,� r�'e,�"�*� T J�•f? �� � 0.l ` .�_,�. �^ ��i.1� i71- le toq V/7 Q. '✓P C l L2, ! LJ�'! ! {,l — !�>r�r d- 10 y w. 1✓ I�%1 v..:. 'I Jr� �. �•- �J M;r //�I,/' y�j�►Jl�/ L� //^� ��J'' 4 J/�� +'� }-� /�/,%. r' � �/j{, I r 7 Y ! � l.• /"r�J l�� �- r.i S- /fS C� 1 t +►'� �" �J• ,"-�• (•, � ,/� s%�.J ��- �.. �,•, w w'cS/i a1 q NAMt - 1.0,NUMttR MO, �O/AY j',YR, R[VIf Wf R•!NAME MO. DA• �'r�• 1 (Rev 112-84ON4►O 042 Use previous editions until depleted. Pb 322 "? y CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COWM9 CALI]MRNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAMW An r i 1 29, 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 Goverment Codes ) given pursuant to Goverment Code Section 913 and 915.4. Please note all ffWarnings" Claimant: Patricia Okkerse Memsic and John Memsilc Coun , Counsel Attorney: Robert K. Far? ilener MAR 31 1986 Brown & Finney Martinez, GR 9485 Address: One Maritime Plaza, Ste. 1200 San Francisco, CA 94111 Amount: $200, 000. 00 By delivery to clerk on Date Received: March 27 , 1986 By mail, postm ked on March 26 , 1986 t I. FROM: Clerk of the Board of Supervisors TO: i County Counsel Attached is a copy of the above-noted claim. Dated: March 28 , 1986PHIL, BATCHELOR, Clerk, ByDeputy Li4nn�� II. FROM: County Counsel TO: Jerk o ;t a 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 11,5 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: 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 ofithe Board's Order entered in its minutes for this date. Dated: PHIL: BATCHELOR, Clerk, By , Deputy Clerk WARNING :(Gov. Code Sectionl1913) 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 Goverment 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 shouldldo so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (i) j CbAIM TO: BOARD OF SUPERVISORS OF CONTRA CO**Q Yappiication.to: a 1 Instructions to ClaimantVerk of the Board 44010-le 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. 911.21 ,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 f -Clerk's filing stamps Patricia Okkerse remsic and ) John P4emsic ) RECEIVEL Against the COUNTY OF CONTRA COSTA) 11986 Walnut Creek ) PHIL OATCHELOn Or DISTRICT) CL 130ARDOFSUPERVISORS Fill in name ) ccr; C`OSTAo. Dmuty The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 200 , 000 and in support of this claim represents as follows.. 1. When did the damage or in3ury occur? (Give exact date and hourT December 16 , 1936; 0730 �-——-------——--------————--——————----— Where did the damage or in3ury occur? (Include city and county)---- ounty)---- Taylor Blvd. , N/B 50 ' south of Pleasant Hill toad overpass in an unincorporated area of Contra Costa County; —T————————--—————————--———— --------------- --------------—--- -----i —--——T————--————--—-- 3. How did the damage Or injury occur? (Give full details, use extra sheets if required) Claimant has no memory of the accident. The State of California is referred to State of California Traffic Collision 'Report #12-249 frau which it a6pears that vehicle #2 collided with claimant's vehicle: The driver of vehicle #2 may have been uncertain as to the fog lane, speed limit, traffic lane markers or road conditions. officers servants or employees caused the 4. What particular act or omission on the part of county or district The design and maintenance of the f lane injury Qr damale� gn fog ane and traffic lane markers which are thin the control of the State of California are not clearly delineated. Thelspeed limit as set for the antici- pated and present traffic conditions is excessive. The design and maintenance of the roadway, which is in the capacity and control of the State of California, is negligently designed' and/or unsafe for reasonably foreseeable traffic conditions. (over) I • (6 ) What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed . Attach two estimates for auto damage. ) Claimants ' car was totally destroyed . Property damage = @ $17, 000. Patricia Memsic suffered 2+ broken vertebrae in her back, a 5 " laceration to her head, numerous contusions and was hospitalized for 9 days . She is being treated for short termlmemory loss and receiving physical therapy . Current medical specials are " @ $12 , 000 and continuing . Wage loss is @ $7 , 500 and continuing . She has incurred pain and suffering in the amount of $150, 000. John Memsic has loss of consortium in the approximate amount of $25,000. PROOF OF SERVICE BY MAIL - C.C.P. 1013 (a) , 2015. 5 I am a citizen of the United States, employed in the City and County of San Francisco, over the age of 18 years, and not a party to the within action. My business address is One Maritime Plaza, Suite 1200, San Francisco, California. On March 26, 1986, I served the foregoing document: CLAIM on the other parties in this action, by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: a Clerk of the Board of Supervisors County Administration Building Room 106 651 Pine Street Martinez, CA 94553 I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California on March 26, 1986. rs a Rice i APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT April 29, 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: Robert Salas Rodriquez Attorney: Peter W. Alfert Hinton & Pashkowski Address: 2940 Car_lino Diablo, Ste. 300 ' Walnut Creek, CA 94596 Hand delivered Amount: $250, 000. 00 + By delivery to Clerk on April 2, 1986 Date Received: April '2, 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Applin ion to File Late Claim. April 2 1986 DATED. P PHIL BATCHELOR, Clerk, By �Q- 4 Deputy II. FROM: County Counsel TO: Clerk- of the Board of Supervisors v The Board should grant this Application to File Late Claim (Section 911.6). ( ) The Board should deny this Application to File Late.Claim (Section 911.6). DATED: 9& VICTOR WESTMAN, County Counsel, By_�LL/ . ZCA�,,/_A sputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) OQ This Application is granted (Section 911.6). (- ) This Application to File Late Claim is denied (Section 911.6). ' I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. -� DATE: APR 2 9 1986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Goverment 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 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 Boardfs 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 3 0 1986 PHIL BATCHELOR, Clerk, By Q- W-��� Deputy I V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. i County Counsel, By County Administrator, By { i i APPLICATION TO FILE LATE CLAIM 1 H I NTON & PASHKOGVSKI A Professional Corporation 2 2940 Camino Diablo, Suite 300 Walnut Creek , CA 94596 Telephone: (415 ) 932-6006 `H"P•ATC"r`°� 3 CLER J'7R OF SUFI U� �S�l" hTRA ST CO 4 Attorneys for claimant `� `4 5 6 7 ROBERT SALAS RODRIQUEZ, 8 Claimant , APPLICATION FOR LEAVE TO 9 PRESENT LATE CLAIM ON -vs- BEHALF OF CLAIMANT 10 (Govt . Code §911 . 4 ) STATE OF CALIFORNIA and 11 COUNTY OF CONTRA COSTA, 12 Respondents . 13 14 TO: STATE OF CALIFORNIA AND COUNTY OF CONTRA COSTA: 15 1 ) Application is hereby made, pursuant to 16 Government Code Section 911 . 4 , for leave to present a late 17 claim founded on a cause of action for personal injuries which 18 occurred on April 3 , 1985 , for which a claim was not presented 19 within the 100-day period provided by Section 911 . 2 of the 20 Government Code. For additional cirlcumstances relating to the 21 cause of action , reference is made to the proposed claim 22 attached to this application. 23 2 ) Claimant , ROBERT SALAS RODRIQUEZ, is a minor of 24 the age of 15 years , born on October130 , 1970 , and at all 25 times related to the cause of action.� has been a ward of the 26 Contra Costa County Superior Court and under the supervision i 27 of the Contra Costa County ProbationliDepartment . I 28 3 ) The lawfirm of HINTONi & PASHKOWSKI has been I requested by the Superior Court of Qontra Costa County to 2 represent claimant respecting the injuries and damages which 3 are the subject of the attached claim. 4 4 ) Pursuant to Government Code section 5 911 . 6 (b ) (2 ) , respondents are required to grant this 6 application by reason of claimant ' s minority. Additionally , 7 respondents are estopped , by reason 'of claimant ' s status as. a 8 ward of the court , to deny this application. 9 Said minor was isolated inl the desert at Rite of 10 Passage facility for the 100 days following his injury and due 11 to the fact that he was in the custody and control of the Rite 12 of Passage facility , he was physically and mentally unable to 13 present claims within 100 days of his injury. Furthermore , by 14 reason of said minor ' s mistake , inadvertence, surprise and I 15 excusable neglect , claims were not filed within 100 days of 16 his injury. 17 5 ) This application is being presented within a 18 reasonable time after accrual of his cause of action and the 19 State of California and County of Contra Costa are not 20 prejudiced by the late claim. 21 WHEREFORE, it is respectfully requested that this 22 application be granted and that the attached proposed claim be 23 received and acted on in accordance with Sections 912 . 4 and 24 913 of the Government Code. 25 DATED: April 2 , 1986 k&E PASHKOWSKI 26 27 AL RT 28 1 PROPOSED CLAIM 2 TO: STATE OF CALIFORNIA and COUNTY OF CONTRA COSTA 3 YOU ARE HEREBY NOTIFED that ROBERT SALAS RODRIQUEZ, 4 whose address is c/o HINTON & PASHKOWSKI , a Professional 5 Corporation , 2940 Camino Diablo Suite 300 , Walnut Creek , 6 California 94596 , claims damages from STATE OF CALIFORNIA and 7 COUNTY OF CONTRA COSTA in the amounts, computed as of the date 8 of presentation of this claim, of $250 , 000 . 00 . 9 This claim is based on personal injuries sustained 10 by claimant on or about April 3 , 1985 , at a .juvenile facility 11 located in the Nevada desert known as "Rite of Passage" where 12 he had been placed by respondents . 13 Claimant received the injuries and damages 14 complained of when he was assaulted , battered and thrown to 15 the ground by a Rite of Passage staff person causing a 16 fracture of claimant ' s arm. Claimant also has suffered and 17 continues to suffer emotional distress as a result of his 18 placement at said facility , and the ' care and supervision he 19 received therein. The State of California and County of 20 Contra Costa failed to have an adequate inspection system to 21 determine the fitness of Rite of Passage. -Claimant ' s injuries 22 and damages occurred due to and were proximately caused by the 23 carelessness and negligence and other acts and omissions of 24 the STATE OF CALIFORNIA and COUNTY OF CONTRA COSTA and their 25 employees in placing claimant at thelRite of Passage facility , 26 in failing to. investigate the said facility adequately , in 27 failing regularly to visit the facility in order to assess 28 I t 1 claimant ' s placement and well-being,1 in failing to provide or 2 causing to be provided adequate medical and psychological 3 counselling services for claimant , in failing to discharge 4 their mandatory duties to conform Rite of Passage to minimum 5 stnadards imposed by state , county and federal regulations , 6 and in placing said minor in said facility which was not 7 properly licensed under state , county and federal regulations . 8 The names of the public employees causing claimant ' s 9 injuries under the described circumstances are unknown to 10 claimant but known to respondents. 11 Damages incurred to date of presentation of this 12 claim are computed as follows : 13 General damages $250 , 000 . 00 14 Special damages According to proof 15 Claimant expects additional medical expenses to be 16 incurred in a presently unascertained amount . 17 Total amount of claim as of the date of presentation 18 of this claim is $250 , 000 . 00 . 19 All notices or other communications with regard to 20 this claim should be sent to claimant at HINTON & PASHKOWSKI , 21 a Professional Corporation , 2940 Camino Diablo , Suite 300 , 22 Walnut Creek , California 94596 . 23 24 DATED: April 2 , 1986 HINTON & PAHSKOWSKI 25 i ,- 26 by P AL ERT 27 28