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MINUTES - 04081986 - 1.11
r 1 C*" BOARD OF SUPERVISORS OF cwm COSTA aCxmar, CALIFORNIA _ 11!! BOATS ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 8, 1986 gwierned by the Hoard of Supervisors, ) The oopy.,,of this t mailed to you is your Routing Endorsements, and Board } notice of the action takers ou-your claim by the Action. All Section references are } Board of Supervisors (Paragraph NO bolow), to California Government Codes } given pursuant to Government Code Section 913 Vi and 915.4. Please note all "Warnings". Claimant: ELYETTE LE PETITCORPS Countv Counsel Attorney: Euvara Law Firm MAR 11 19$6 Address: P.0. Box 150 Martinez, GA 94553 San Rafael, CA 94915 Amount: $5, 000,000. 00 + - By delivery to clerk on Date Received: March 6, 1986 By mail, postmarked on March 4.,_ 1 q8 6 I. FROM: Clerk of the Hoard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: *parr;, lo 1986 IL BATCHELOR, Clerk, By I AA " Deputy An Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( } This claim complies substantially with Sections 910 and 910.2. (}�) This claim FAILS to comply substantially With Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$). ( ) 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: 7 Deputy County Counsel III. FROM: Clerk of the Board TO; (1) County CounsoL (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV HOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( } Other: I certify that this is a true and correct co y of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By �. , Deputy Clerk WARNING (Gov. Code Section 913) . Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action an 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 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 11___ 19$6 PHIL BATtHZ.,OR, g1erk, By 4 VL.LmuLnDeputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CLAIM AGAINST THE COUNTY OF CONTRA COSTA Charter Section 7.703 and Government Code Sections 910 to 911.2 require that all claims must be presented to the CONTROLLER or to the CLERK OF THE BOARD OF SUPERVISORS within 100 days from the date of accident ir. i -idant_ .._ CLAIMANT'S NAME: Elyette Le Petitcorps MICR 411886 CLAIMANT'S ADDRESS: 1855 Trinity Avenue, #13, lnut C,,� „�� A TELEPHONE: (415) 932-6180 Lf RK$ F,)OCSU Rv 0n WORK TELEPHONE: none a c R cosi c AMOUNT OF CLAIM: see below ADDRESS TO WHICH NOTICES ARE TO BE SENT: KUVARA LAW FIRM, P.O. Box 150, San Rafael, CA 94915. DATE OF INCIDENT: February 11, 1986 LOCATION OF INCIDENT: Ygnacio Valley Rd./Oakland Blvd. , Walnut Creek HOW DID IT OCCUR: Claimant (a pedestrian) was run over by a car while crossing the street. DESCRIBE DAMAGE OR INJURY: Claimant sustained closed head injury, fractured left clavicle and right upper arm and went into a coma. GIVE LICENCE NUMBER IF A VEHICLE IS INVOLVED: 1LPT 458 (CA) . NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Not applicable. ITEMIZATION OF CLAIM (List items totalling amount set forth above) : Medical Expenses $ Unknown General Damages $ 5.000.000.00 $ $ S TOTAL $ 5,000.000.00 plus ed. exp. Signed by or on behalf of Claimaint NEAL KUVARA, ESQ. •I 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 5, 1986 I served the within 7 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 8 9 10 11 on the interested parties 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 THE BOARD OF SUPERVISORS 16 COUNTY OF CONTRA COSTA 651 Pine 17 Martinez, CA 94553 18 19 20 21 22 23 I declare under the penalty of perjury that the foregoing 24 is true and correct, and that this declaration was executed on 25 MARCH Sr 1986 at San Rafael, California. 26 C/� 7 27 SERENA HAI#JIAN 28 r C BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 8 , 198'6 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: DAIUNY LAWRENCE CURRENT County rviL%e► Attorney: MAR 12 1986 Address: 1518 Esmond Avenue Martinez, CA 94553 Amount: Richmond, CA 94801 By delivery to clerk on , 5, 000. 00 Date Received: 11arch 12, 1986 By mail, postmarked on March 11. 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 12 , 1986 PHIL BATCHELOR, Clerk, By ° Deputy n Cer elli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) ounty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct co y of theard's Order entered in its minutes for this date. Dated: APR 0 81986 PHIL BATCHELOR, Clerk, By L` v- , Deputy Clerk, WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months from the date of this notice was personally served or deposited in the mail to file a court action, on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimants right to apply for leave to present a,late claim was mailed to claimant. DATED: ARg 11 19$6 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel. (1) CLAIM CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY f Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual . of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) _ C. If claim is against a district governed by the Board of- ,Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by .Z.3.� C� XV6 ) Reserved for Clerk' s filing stamps �ayv� l4wRdwiG� �'tdl�R6N� � �"" �1 �O �S/�'10 /L� /C�rGL►/KoNG� G4�►7 RECEIVED ♦ ED Against the COUNTY OF CONTRA COSTA) 14AR 12 1386 or DISTRICT) Ni BATCNCOR (Fill in name) ) €RKa �&STU'pE QRS C n ACJSiA The undersigned claimant hereby makes claim against the Coun y o ontra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------ l. When did the damage or injury occur? (Give exact date and hour) plq" S 2. -Where did the damage or injury occur? (Include city and county)- /Q�G�,,•�c.vs1, C.p//fit a (�,o S7�a �o w�I�J -----H - ------------------------------------------------------- 3. ow---d-id--the-----damage or injury occur? (Give full details, use extra sheets if required) We, Wei. 1-OVolut,p W o, Q i'�CGiaror/ QN OR W4141 7Jo 4Ca060'/ 7I'G/w /fi'G A o".Ai . W 4e-W'FICC ilaA C1114AfV^S P�ys;c 4! f aT'�"1' f� •�y X 44 4M� V W - - 4 . What particular act or omission on the part of county-or district--- officers , servants or employees caused the injury or damage? (over) *�Tk7at are the names of county or district officers, servants._oru .c.> 1 employees causing the damage or injury? -- ---- ------ -- ------------------------------------------------------ 6.--What-damage-or-injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) -1tlFer - - ---- - - -- -- - -- --- --- - - ------------------ - --------- -- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury.: ...,...-...,,...DATE ITEM AMOUNT 3 I S ---�.-»-•-M -'-- Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: �Attorne ) or by some person Qn his behalf. " Name and Address of Attorney laimant`s Signature dr. ss ell Telephone No. p` � Telephone No. �CY NOTICE Section 72 of the Penal Code provides: ".Every person 'who, with intent to defraud, presents for allowance or for payment to any `state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM BOARD OF SUMVISORS OF 05ffff CDSTA OOOiM, CAMONIA BOARD ACTION Claim Against the County, or bistriot ) NOTICE TO CLAIM April 8 , 198-6 governed by the Board of Supervisors, ) The copy of Ws document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), . to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all Warnings*. . Claimant: LP.URO LAGPAMEN Attorney: flounty Counsel Address: 1432 Greenfield Circle MAR 0 5 1986 Pinole, CA 94564 maronez, CA 94553 Amount: Pinole, By delivery to clerk on Date Received: March 4, 1986 By mail. postmarked on M r ch 1 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 4. 1986 PHIL BATCHIIAR, Clerk, By RA Deputy Ann Cervelli' II. FROM: County Counsel M: Clerk of the Board of Supervisors (Check only one) f ) 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 m: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous. vote of Supervisors present (�) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of thed's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, L.i M, ; , Deputy Clerk WARNIriG (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 oourt 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 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 claimant. DATED: APR 111986 PHIL BATCHIILOR, Clerk, By(:A �, , Deputy Clerk M: County Administrator (2) County Counsel (1) CLAIM , CLAIM T6.' BOARD OF SUF�ERVISORS OF CONTRA COSTA COUNTYL�� i Instructions to Claimant 3 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box -911, Martinez, CA) C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps L-auro L aadamek) ) RECEIVED Against the COUNTY OF CONTRA COSTA) M/YR or DISTRICT) nn�e..rr►��oR (Fill in name) ) •�s rorSU' $ co co:i� The undersigned claimant hereby makes claim against the CounTy097f Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------ d l. When did the amage or injury occur? (Give exact date and hour) ------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) T dna tZ ccuA.� i� ot- ,, fK) �'5 ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) T}- UJrA5 � Nov m l vJ 0D r� .X W 45 oWl on BS M Nn,4"L) Z( rv� SPI' de,;Ivc�� �S fibra%+e, WaQ. X Oiroje, �. 4"- �40 le-. d r�ot sem ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? e. 90-�Kote, ofJ no-� have, ac41 p�, o bVWPA au ' (n�wtm �no�p ns�s o-F `�- ola�9 pr. (over) 5. -„What are the names of county or`district officers,, servan,ts::cDrr. :. <��_ : 1 employees causing the damage or injury? � �dY��"V0. C gas�u. Sir�Q� U1'1al►'��Ma/1 C� l�e�pa;r'}rh tjy�`— ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto d t m e, r�1 �A e. rec�eiie& o- ��a�• 3 �y c has 4m+ u�heeL CCn Cr,sp,,µ�u,��'” d w�U. �ee� awhe.e�, a��gnrJ,lo�' a. TV\e, n51kk Print wt\ul r-tm was 6941 d wA ek 'I"h e. u)k bQart Mik3i-j ----------------------------------------P--- ---------------------� - 7. How was the amount claimed above com uted. (Include the estimated a�a�t amount of any prospective injury or damage. ) dire,- 40 .00 Aeel-bearincd mpac i - Ic5 0c> +ire. V-��- IoO.D(o Pric Why& 0AtgA�n _ C. .0 zS bapr.�d d2al�r �pv iCQs ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury. AMOUNT s `at1`.• r -.C. � 7t***�*•k*�C****�C******7k***�**'k*******lti7�"A'*7k�C'k**'k***'k*'A'********7�'*�'**!t***'k***** i Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Claimant' s Signature Address Telephone No. Telephone No. ************************************************************************** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " r , 11 `1 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT Apr i 1 8 , 1996 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: ARTHUR FAVTCETT and JANENE FAWCETT Attorney: Douglas E. Lord Attorney at Lasa f,ac+'itV Counsel Address: 3220 Blume Drive, Suite 116 MAR 12 1986 Richmond, CA 94806 By delivery to clerk on Amount: Unspecified Mart net, CA 9053 Date Received: March 12, 1986 By mail, postmarked on liar c 11 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: llarch 12, '1986 PHIL BATCHELOR, .Clerk, By Deputy II. FROM: County Counsel TOP 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 fc->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 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 eo y of the Board's Order entered in its min} � r this date. Dated: H :L' PHIL BATCHELOR, Clerk, By A Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) OA warning of claimant's right to apply for Leave to present a late claim was mailed to claimant. DATED: APR 111986 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM ,j I CLAIM AGAINST THE COUNTY OF CONTRA COSTA ARTHUR FAWCETT and JANENE FAWCETT herewith present a claim against the COUNTY OF CONTRA COSTA on behalf of themselves in the sum of $50 ,000, plus special damages. Claimants direct that all notices in connection with this claim be sent to claimants in care of DOUGLAS E. LORD, Attorney at Law, 3220 Blume Dr. , Suite 116 , Richmond, California, 94806. CLAIMANTS ' ADDRESS: 4171 Garden Lane E1 Sobrante, California PLACE OF OCCURRENCE: 4171 Garden Lane El Sobrante, California DATE OF OCCURRENCE: February 3 , 1986 SAID CLAIM ARISES FROM THE FOLLOWING CIRCUMSTANCES: The COUNTY OF CONTRA COSTA negligently permitted the drainage ditches and culverts near claimants ' house to back up and cause water to overflow throughout their home. ITEM, NATURE AND EXTENT OF DAMAGES OR INJURIES : Mental Anxiety: Claimants were greatly inconvenienced and ex- perienced great mental anxiety and distress as a result of the flooding damage. Damages or costs incurred so far: Claimants were required to expend a great deal of time draining the water from their home, remove their rugs and personal items. Cost to date is unascertained. Special damages: Amount as yet unascertained. DATED: March 10 , 1986 RECEIVED MAR I7- 1366 1 )r&- - DOUGL E. ORD, A ney PHt SA?CME1OR for C imanIts IER� AACOS1A so. S B d Receipt of the above claim is hereby acknowledged this day of March, 1986 . MAIN L4il BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE; TO CLAIMANT April 8, 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: KATHLEEN TERBORG and DANIEL TERBORG County Counsel Attorney: Jon P. Tons ing, Esq. MAR 12 1986 Tonsing, Heimann & Huddleston Address: 315 Diablo Road, Suite 222 Martinez, CA 94553 Danville, CA 94526 By delivery to clerk on Amount: $100, 000. 00 Date Received: March 12, 1986 By mail, postmarked on 1 ARF, I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 0 !j Dated: March 12 . 1986PHIL BATCHELOR, Clerk, By4- Deputy n Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). Other: Dated: 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 ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct c y of the Fd's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, 1, ��e. � , Deputy Clerk WARNING (Gov. Code Section 913 Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) k warning of claimant's right to apply for leave to present a late claim was mailed DATED:toA"b86 PHIL BATCHELOR, Clerk, By� � `1r , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM .....•x e.--•�.+..rn•-r-Leu...._z _...___..._.. ...._...�....�..-._��rn--..-.�....-e... ...-.. 1 JON P. TONSING DENNIS J . TONSING, ESQ. 2 TONSING, HEIMANN & HUDDLESTON Attorneys at Law 3 315 Diablo Road, Suite 222 Danville, California 94526 RECEIVED 4 Telephone: (415) 820-5155 5 Attorneys for KATHLEEN TERBORG t01AR r- 1386 and DANIEL TERBORG PHIL sATca��oa 6 ecK a �^r�r sure oa, C11A COSI. 9 if r 7 8 In the Matter of the Claim of 9 KATHLEEN TERBORG, and NOTICE OF CLAIM AGAINST 10 DANIEL TERBORG, COUNTY OF CONTRA COSTA Claimants, 11 VS. 12 CONTRA COSTA COUNTY, CALIFORNIA 13 / 14 15 KATHLEEN TERBORG and DANIEL TERBORG hereby present this 16 claim to CONTRA COSTA COUNTY, STATE OF CALIFORNIA, pursuant to Government Code section 910. 17 18 1 . Names and addresses of the claimants are as follows : KATHLEEN TERBORG 19 16711 Marsh Creek Road Clayton, California 94517 20 DANIEL TERBORG 21 16711 Marsh Creek Road Clayton, California 94517 22 23 2. The name and address to which claimants desire notice of this claim to be sent is : 24 JON P. TONSING, ESQ. 25 TONSING, HEIMANN & HUDDLESTON 315 Diablo Road, Suite 222 26 Danville, California 94526 27 3. Description of Claim: 28 On December 6 , 1985 , KATHLEEN TERBORG drove east- 1 bound on Marsh Creek Road, within the County of Contra Costa. 2 Her six month old infant, DANIEL TERBORG, was a passenger 3 in the vehicle. She proceeded eastbound into a curve which 4 was marked by lines indicating that a vehicle traveling in 5 either direction may legally pass another vehicle by moving 6 into the left side of the roadway in order to overtake the 7 slower vehicle. 8 William Eugene Taylor, driving westbound on Marsh Creek 9 Road, passed a slower vehicle , by entering the oncoming lane 10 of traffic . Taylor' s car remained in the lane provided for 11 eastbound traffic -as it proceeded .westbound into the curve. 12 As a result, Taylor ' s vehicle struck TERBORG' s , causing 13 TERBORG' s vehicle to be totalled. 14 By reason of the negligent conduct of CONTRA COSTA 15 COUNTY in failing to properly and safely mark the curve with 16 proper lines , signs , or other warning devices on Marsh Creek 17 Road, approximately 2. 3 miles west of Deer Valley Road, so 18 that approaching vehicles are made aware of the limited vision 19 afforded by this curve , Taylor unsafely passed a slower vehicle 20 and struck KATHLEEN TERBORG' s car. KATHLEEN TERBORG and DANIEL 21 TERBORG received personal injuries as a result of this accident, 22 the extent of which are presently unascertainable. Claimant 23 KATHLEEN TERBORG has suffered property damage in an amount 24 which has not presently been ascertained. 25 Claimants hereby claim One Hundred Thousand Dollars 26 27 28 -2- 1 ($100, 000.00) in damages for personal injuries and property 2 damage sustained as a result of the conduct of CONTRA COSTA 3 COUNTY and any of its employees. 4 DATED: March 10, 1986 5 TONSING, HEIMANN & HUDDLESTON 6 7 8 BY F.v T NEI-DJU 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 1 PROOF OF SERVICE BY MAIL 2 3 I declare that I am a citizen of the United States , 4 over the age of 18 years , and not a party to the within cause ; my 5 business address is 315 Diablo Road , Suite 222 , Danville , 6 California 94526 . On March 11 1986 , I served the 7 foregoing document by placing the same in a sealed envelope with 8 postage thereon fully prepaid , in the U .S . mail at Danville , 9 California , addressed as below. 10 I declare under penalty of perjury that the foregoing 11 is true and correct and that this proof of service by mail was 12 executed on March 11 1986 . 13 Document (s ) Served: 14 15 NOTICE OF CLAIM AGAINST COUNTY OF CONTRA COSTA 16 Mailed To: 17 18 Board of Supervisors Contra Costa COunty 19 651 Pine - Room 106 Martinez, California 94553 20 21 22 23 24 25 � 26 SUSAN E . BURROUGHS 27 28 CLUM BOARD OF SOPERVISORS OF CONTRA COSTA COUNTY, CALIFOTWA BOARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLAIMANT April 8, 1986 governed by the Board of Supervisors, ) The copy of_Ua_9c66TwWt 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: 1,1ICHAEL V. MC FEE County Counsel Attorney: MAR 12 1986 Address: 212 Gregory Lane Apt. 24 Martinez, CA 94553 Pleasant Hill, CA 94523 �mo�t $562. 97 By delivery to clerk on Date Recei ved: March 7, 1986 By mail. postmarked on Ma r r•h A r 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 11, 1986 PHIL BATCHELOR, Clerk, ByRDeputy nn Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 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. BOARD ORDER By unanimous vote of Supervisors present ( ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct c9py of the d's Order entered in its minutes for this date. � . . ti`��`�� � Dated. APR 0 PHIL BATCHIIAR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 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 warming of claimant's right- to apply for leave to present a late claim was mailed to claimant• 1' DATE°:—.O R R 1 l 1966 PHIL BATCHELOR, Clerk, By( ;� v -�,_N-A� , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM JLAI4 TO: BOARD OF .SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 (or mail to P.O. Box 911, Martinez, CA) C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps Michael V. McFee ) RECEIOED Against the COUNTY OF CONTRA COSTA) ��R , or DISTRICT) PM eAtc►�i (Fill i n name) ) C R COSiA The undersigned claimant hereby makes claim against the Couyontra Costa or the above-named District in the sum of $ 962- 97 and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) January 28, 1986 at 2130 2. Where did the damage or injury occur? (Include city and county) Hidden Valley Road, North of St. Stephens, Orinda; .CA -- ---------------------------------------- ----------------------- 3. -How--did the damage or injury occur? (Give full details, use extra sheets if required) While driving down Hidden Valley Road I went over a bump. I drove back and I found a manhole cover missing. My left front under carriage was damaged and I reported it to the Police. - ------------------------------------------------------- 4-.---What----particu--------lar act or omission on the part of county or district officers , servants or employees caused the injury or damage? Missing manhole cover. (over) 5.� vat are the names of county or district officers, servants_-mr 1, employees causing the damage or injury? Public Works Department - -- ------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached estimate by State 'Farm Insurance ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) State Farm Estimator did the report. Damage was estimated at $562. 97. 8--.--N---ames------and---addresses----------of-----witnesses------,-------doctors------and--hospitals---------------------- N/A ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: t,,...,..._._,D11T�..........-... ITEM AMOUNT INILAI „ r 3 --=--- --b -- -- ~ Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Y A t�--��_ , Claimant' s Signature 212 Gregory Lane, Apt. 24 Address Pleasant Hill , CA 94523 Telephone No. Telephone No. 689-1735 �fT NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill , account, voucher, or writing, is guilty of a felony. " STATE*IF'CALIFO Nf,A TRAFFIC COLLISION REPORT—Property Damage Only Original to officer;copy(ies) to involved party(ies) SP/+EGiwL GIIO'N'OiT10N8 X SI R CITY ` Z;ICIAI.DISTRICT NUMBER J. COUNTY REPORTING DISTRICT Se ATS REPORTING OFFICER COLLISION OCCUR RHD ON``: '' MO. DAY YEhR TIME 2.00NCiC ' / ^Oi FiCHR I.D. "VIL) ` /Vki s .,: r', P yi.^`�"•,.- '_..•/ter G. S LJ AT I N T$i(..TIOP WITH �, DAY OF WEEK` TOW AWAY - STATE ,V_ ELATED #LES Sri b • \ . _ D VHS U NO 1773 YEi ❑'ND ' t PNONE NUMBER, SK TCN PARTY NAME FIRST, IDOL., LASTI ♦ , Y rf DRIVER ADORES{ y•titITV ZIP CO ^• _ f ' :"1/'\.1� cJ"nI i C ,�.t•4/. ���71�I� i J� I �� �r INDICATE PEO. DRIVER yy1r.KNh6^UMlEW STATS iiRTNDATK fax TR NORTH ;;-K C.VEN VEN TR MAKE/MODEL LICENSE NUMBER STATE VEN,TY PE •ICTC. COLON / DIRECT, OF ON JACWOS4 STREET OA NI NWAV SPEELIP 41T LI1T ❑ TRAVEi JJ 1 ' /1 j S" r! ( L/ 4/ /` OTXER V11 /tj DAMAGE RE MOY E.iT TO PARTY NA E FIR 4T,MIDDLE,LAST - PNONE NUMSff" PY / 2 ORIVHR ADORE tt CITY ZIP COOK NARRATIVE/MISCELLANEOUS _ PEO. DRIVER 4/..ICKN9e NVMBER '.. STATE 01RTNDhTE PRO Vi" VEX YR MAKE JMODHL LICENSE NUMBHR STATE VBX.TYPEMir ❑ T� ■ICYC. COLOR DIRECTION 4F ON/ACROSS STREET OR HIGHWAY) SPHED LIMIT ❑ TRAVEL OTHER VENIC LE DAMAGE REMOVED TO R , AGE tHx NAME ADDRESS PHONE NUMBER PARTY NO. W ❑ O D = AGK sex NAME ADDRESS PNONK NUMSKR PARTY NO. r a a0 D PROP. NAME ADDRESS DAMAGED PROPERTY OWNHR IMPORTANT — READ CAREFULLY Keep this report. This is your record of this accident. To comply with California Vehicle Code SVG) Section 20002 (duty where property damaged), you must either: a. Give the owner of-person in charge of such property the name and address of the driver and owner of the vehicle; or in the absence of the owner, b. Leave a written notice in a''conspicuous.place on the other vehicle or damaged property, giving the name and address of the driver and owner of the vehicle involved and a statement of the circumstances. This information is necessary for the completion of your state SR-1 Form, Report of Traffic Accident, and your insurance report. VEHICLE CODE SECTION 16000 The driver of a vehicle, involved in an accident resulting in damage to the property of any ONE party in excess of the amount stated in VC Section 16000 or in the injury or deathof any person MUST submit a SR-1 Form to the California Department of Motor Vehicles within 15 days. Note: Failure to comply may result in suspension of your driver's license. Form SR-1 may be obtained from the Department of Motor Vehicles, the California Highway Patrol, any police station, motor vehicle club, or insurance agent. If city or state property is damaged, you will be contacted regarding possible liability. CAT[ OF COLLI/loll - �X Time (S►OO) "etc Mulassm � O/IICRR I.D. RYwRRw ►AOK 1[O. L DAT 1 AL•� 3. (�. T [ Q 11( 4•--+�' �•J+- r� �Y A..� G� S1�w�C,�. 1 � d Y c r .LIQ C i. GI Yf GC]aA I1 5• G '�'''1 Q.Rb�1 � .� V ! ,�~: }1 Ciy ` I�/ U ��d Y �tl1TY✓4 `� t Q,r 7. 9. 10, 11. 12. '3 14. 15. 16. 17, 1e 19, 20. 21. « 13 24 25 26 27. 2e .wt.•w[►Y ti•.�[ �I.e.nu►�R[w ro. awe vw. 'w[vl[r[w's..wrc 4�.0. ow. .w C — STATE FARM MUTUAL INSURANCE COMPANY =: PLEASANT HILL SERVICE CENTER " 333 CIVIC DRIVE P. 0. BOX 4011 CONCORD, CA 94524 (415) 687-7600 A4 LOG 2200326 DATE 02/14/86 CLAIM# 05 1232 224 POLICY# INSURED MC FEE, MICHAEL CLAIMANT : . LOSS DATE 01-28-86 TYPE OF LOSS COL /D v ' INSP DATE 02-14-86 LOCATION PHSC Trr: ESTIMATOR DERRY MOORE COMPANY �1 0Y r .. NAME MC FEE m ADDRESS 287 BOYD RD z �� m�) CITY STATE PL HILL, CA mx, ZIP PHONE 689-1735 y c� 4:u v CO LIC# IMAM 383 VIN JHMAD7430FC063725 ENG/COLOR _ _ MILEAGE 018095 -- CONDITION 18095-CONDITION ACCT'NG CTL # M CROW E=NEW PART EC=ECONOMY PART EU=SALVAGE PART E P=SEE PAL REPORT P=CHECK I=REPAIR/ALIGN/SUBLET L=REFINISH N=ADDITIONAL LABOR OPERATION TE=PART/PARTIAL REPLACE ET=LABOR/PARTIAL REPLACE IT=LABOR/PARTIAL REPAIR n AA=APPEARANCE ALLOWANCE RP=RELATED PRIOR DAMAGE UP=UNRELATED PRIOR DAMAGE �r 1985 HONDA ACCORD 4 DOOR SEDAN H1213A OPTNS B/L X r t -i Cn5 mr - OPTIONS: SHADED WINDSHIELD GLA55 AIR CONDITIONING Trri �' OP COE AC DESCRIPTION MFG. PART NO. PRICE Ad% HOURS R c>x = E 187 BB9 PANEL,ROCKER LT 111941 69.48 5.9 1 m r ;st L 187 PANEL,ROCKER LT REFINISH 1.2 4 �_ T E 197 PANEL ROCKER INR LT 186300 43.87 2.0 1 x " I 588 PAN,FLOOR REPAIR/ALIGN 2.0* 1 m Z G D 4 ITEMS << %= m< FINAL CALCULATIONS & ENTRIES `W GROSS PARTS 113.35 on OTHER PARTS -4 "< � T _Y PAINT MATERIAL 19.20 = H th r PAP.TS TOTAL 132.55 d r D Z TAX ON PARTS & MATERIAL @ 6.50% 8.62 n 6C r'i Z O LABOR RATE REPLACE HAS REPAIR HAS 4: ~~ _� 1-5HEET METAL 38.00 7.9 2.0 376.20 2-MECH/ELEC 38.00 -FRAME � r3 o 4-REFINISH 38.00 1.2 45.60 Z c m m. n D =45-PAINT MATERIAL 16.00 ; x' r_ LABOR TOTAL 421.80 crc.s+��� + O �N Z TAX ON LABOR x T 1�1 D c o SUBLET REPAIRS S` Z .. m s m m TOWING & STORAGE r. a :� v ; GRO55 TOTAL 562.97 > > gip' LESS: DEDUCTIBLE 250.00- Orn T v c G NET TOTAL 312.97 ' ' ' rn ADP # AUDATEX (A4) LOG 2200326 DATE 02/14/86 14:08:57 028 "NOTICE - REPAIRS TO THIS VEHICLE MAY REQUIRE SPECIFIC WELDING EQUIPMENT AS RECOMMENDED BY THE MANUFACTURER" ------------------------------------------ ------------------------------------ j n D a; v (n c: in MAR 12 1986 HOARD OF SUPERVISORS OF OONTRA msTA OOONTi• CALIP�RNIA � 94 - � ��� 553 Claim Against the County, or District ) NMCE TO CLAIMANT An r i 1 8. 1986 governed try the Hoard of Supervisors, ) The copy of-this &cwent mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all *Warnings". Claimant: TAURUS BUILDING COMPANY, ERNEST J. MOSHER, MARIE L. MOSHER. STEVEN R. POSHER, SUZANNE PARRISH MOSHER , THE ERNEST J. MOSHER Attorney.. DEFERRED COMPENSATION PLAN,TAURUS BUILDING COMPANY DEFINED BENEFIT Paul M. Koenig PENSION TRUST Address: Attorney at Law One raiser Plaza, Suite 1320 Amount: Oakland, CA 94612 By delivery to clerk on $7, 500, 000. 00 + CERT P082010759 Date Received: March 10, 1936 By mail, postmarked on 1a r rh h, 1 A R h I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: March 11 , 1986 PHIL BATajELOR, Clerk, By ��,o) Deputy Ann Cervell , 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 910.29 and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By. ;� Deputy County Counsel ' III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV BOARD ORDER By unanimous vote of Supervisors present (% ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct co of the d's Order entered in its minutes for this date. Dated: AP 0 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date oz 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 '1ft4WftV%t DATED: 1 198fi PHIL BATL�ffiAR, Clerk, By �� , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM PAUL M. KOENIG ATTORNEY AT LAW ORDWAY BUILDING. SUITE 1320 ONE KAISER PLAZA OAKLAND, CALIFORNIA 94612 AREA CODE 415 451-4790 March 6, 1986 Clerk of the Board. of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, California 94553 Re: Claim of Taurus Building Company, et al Dear Sir/Madam Clerk: Enclosed is an original and two copies of a claim being filed on behalf of the Taurus Building Company, Ernest J. Mosher, Marie L. Mosher, Stephen R. Mosher, Suzanne Parrish Mosher and the Taurus Building Company Defined Benefit Pension Trust. Would you please file the original and return an endorsed filed copy to me in the enclosed envelope. Thank you for your attention to this matter. Yours ery truly, Paul M. Koenig PMK:blg RECEIVED MAR IU 1986 l PAI wtolt lERIt !:. /3f RvISO4i IRA CO " 4 RECEIVED SAAR 10 1966 ►Mll EATCMELOR RK B Pn OF 5 5 CRP!) COSTA V CLAIM OF: TAURUS BUILDING COMPANY, ERNEST J. MOSHER, MARIE L. MOSHER, STEPHEN R. MOSHER, SUZANNE PARRISH MOSHER, and the TAURUS BUILDING COMPANY DEFINED BENEFIT PENSION TRUST, Claimants, CLAIM FOR INJURY TO REAL PROPERTY, INVERSE vs. CONDEMNATION, INJURY TO PERSONAL PROPERTY AND FOR EAST BAY MUNICIPAL UTILITY PERSONAL INJURIES DISTRICT, CITY OF PINOLE, CONTRA COSTA COUNTY Defendants. TAURUS BUILDING COMPANY and ERNEST J. MOSHER hereby present this claim to the EAST BAY MUNICIPAL UTILITY DISTRICT, THE CITY OF PINOLE, and CONTRA COSTA COUNTY, pursuant to Government Code, Section 910. 1. The names of the claimants are as follows: TAURUS BUILDING COMPANY ERNEST J. MOSHER MARIE L. MOSHER STEVEN R. MOSHER SUZANNE PARRISH MOSHER THE ERNEST J. MOSHER DEFERRED COMPENSATION PLAN The address of the claimants is: 12981 San Pablo Avenue P.O. Box 5010 Richmond, California 94805. 1 2. The post office address to which the claimants desire notice of all further notices and communications relating to this claim is as follows : To claimants in care of PAUL M. KOENIG, Attorney at Law, One Kaiser Plaza, Suite 1320, Oakland, California 94612. 3. Cla"imant TAURUS BUILDING COMPANY is a California corporation, which is the owner and developer of certain real property in the City of Pinole commonly known as Tracts 6463, 6464, 6624 , 6625 and 6626 as -shown on the Map recorded on October 7, 1985, in Map Book 295, at pages 5 through 28 , in the Official Records of Contra Costa County (hereinafter referred to as "said property. ") 4. Claimants ERNEST J. MOSHER, MARIE L. MOSHER, STEPHEN R. MOSHER and SUZANNE PARRISH MOSHER are the shareholders and owners of said Claimant TAURUS BUILDING COMPANY and one or more of said Claimants and Claimant TAURUS BUILDING COMPANY DEFINED BENEFIT PENSION TRUST are owners of obligations secured by deeds of trust on said real property. 5. On November 27, 1985, and continuing thereafter, a hill and earth on said property eroded and slid causing substantial damage to said real property and to said project and venture. Claimants are informed and believe and thereon allege as follows: that Defendants, and each of them, had a duty to properly design, build, construct, inspect, maintain, repair, oversee, require repair and removal, and remove a certain reservoirr, the concrete shell therefor, and other conditions caused thereby, on the hill above the Claimant TAURUS BUILDING COMPANY' S property; that Defendants, and each of them,, failed to perform said duties; 2 that Defendants are strictly liable for the damages herein alleged; that Defendants were negligent and careless in performing said duties; that said breaches, occurrences and damages constitute trespasses on said property; that said breaches , occurrences and damages constitute a continuing nuisance; and that as a result of such failures, and of such negligence and carelessness, said reservoir leaked and allowed water underground which water and leakage caused said slide and damage. 6. So far as is known to Claimants, at the time of filing this claim, the damages to said real property, development and venture, are believed to exceed $7,500,000, estimated as follows: for the cost to repair said slide damage estimated to be $500,000 or more : -damages t.o..ra-id-:.read- _prope.r.ty; project-,-lo-strvalue, unsaleability and loss of profit estimated .to be . $.5,000,000 or more ; and further , said. re.servoir either has to be removed, or repaired so-- that no further leakage- or other conditions causing such slides will occur and the expense therefore is unknown but could well be in excess of $2 , 000 , 000. The exact amount of the damages are not known at this time but when the damages are known, Claimants will amend to insert the true sums herein if necessary.. 7. Further, by reason of said acts said private property and project have been taken for public use, and Claimants have received no compensation for such taking and damage as required by law, including but not limited to under in California Constitution, Article I, Section 19. The fair value of said property and project is 510 , 000000 through November 27 , 1985 . Further, additional costs continue to be incurred which have and will increase the damages incurred. 3 8. Further, said damage has caused severe mental anguish and emotional distress to Claimants ERNEST J. MOSHER, MARIE L. MOSHER, STEPHEN R. MOSHER and SUZANNE PARRISH MOSHER, in that since said damage they have had fear and anxiety about the project, the damage and the cost to repair the same, the unsaleability and diminished value of said project, and loss to and of their financial security, along with loss of sleep and damage to health. The amount of such damages and injuries to said individual claimants, including but not limited to emotional distress and mental anguish, caused by said damage, is unknown at this time, but is expected to be in excess of $1 ,000 , 000 . When such true sums are known, Claimants will, if necessary, amend to insert said true sums herein. 9. Claimants do not know the names of the persons acting for the Defendants who are or were responsible for designing , constructing , inspecting , repairing, maintaining, requiring maintenance or removal of the reservoir and conditions or removing the reservoir , for the land and water conditions, and for such taking. Dated: March 6, 1986. ia�ul M. Koenig , At orney for Claimants TAURUS BUILDING COMPANY, ERNEST J. MOSHER, MARIE L. MOSHER, STEVEN R. MOSHER, SUZANNE PARRISH MOSHER, and the TAURUS BUILDING COMPANY DEFINED BENEFIT PENSION TRUST 4 PROOF SERVICE BI MAIL STATE OF CALIFORNIA ) ss COUNTY OF ALAMEDA ) I am a citizen of the United States and have an office the county aforesaid. I am over the age of eighteen years and not a party to the within entitled action. My business address is One Raiser Plaza, Suite 1320, Oakland, California 94612. On March 6, 1986, in said action or matter, by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid for mailing first class in the United States mail at Oakland, California, addressed as follows: East Bay Municipal Utility District ' Attn: Cleik-of" Board' P. O. . Box 24055 Oakland, California 94614 Attn: Insurance & Claims - - - City Clerk City of Pinole 2131 Pear Pinole, California 94564 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, California 94553 Executed on March 6, 1986, at Oakland, California. I, Paul M. Koenig, declare under penalty of perjury that the foregoing is true and correct. iu BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or bistrict ) NOTICE To CLAn4W April 8, 1986 governed by the Board of Supervisors, ) The copy of_Uffst mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all *Warnings*. Claimant: CHARLENE SELBY County Counsel Attorney: MAR 12 1986 Address: 942 Mohr Lane Martinez, CA 94553 Concord, CA 94518 Amount: $275. 64 By delivery to clerk on Parch 7 1986 CERT P066905245 Date Received. By mail, postmarked on Marr,h S r 1 9q6 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: A i a r r h 11 1 c 6 PHIL BATCHELOR, Clerk, By ° Deputy n Cervelli II. FROM: County Counsel 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: 41 By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the B d's Order entered in its minutes for this date. Dated: in PHIL BATCHELOR, Clerk, By t� L-,j . 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 attor ey 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 paesent a late claim was mailed to claimant. DATED: APR 11 19RS PHIL BATCHIIAR, Clerk, By ` -�s , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CPAIM fro: BOARD .OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) _ C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name .of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps ) RECEIVED Against the COUNTY OF CONTRA COSTA) MAR I 1986 or DISTRICT) �e�xa A�o�woe Fill in name) ) c r co:r o S,, The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ .;7 02 rfJ • Coo and in support of this claim represents as follows: ------------------------------------------------------------------------ d 1. When did the amage or injury occur? (Give exact date and hour) -----------T------------------------------------------------------t ----- 2. Where did the damage or injury occur? (Include city and county) oa k Rd d t_os Cv LnVq - r. ----- RCEk , C19,, 0—ow7-kCosrA CoLtwnf, i _ ------------------------------------------- ------------------ 3. How did the damage or injury occur? (Give fulli details, use extra sheets if required) Br puvvy oN 7reigr 6LIio. � R1Ght- L,f�NE, M9 FrOyr- FRSs E->v yG7 to/1•r-CL &):E YVI- 10v 1'D d e e p gko �N .he r-1 qhs- L-Arvc , ORAStYvIy TRAM R ,Mf ° Lq prF �' Al T LV h� -e- e M o N U rv� -----P- -=- - --- ESP--- -- - -L'--- -- 4 . What articular actor omission on the art of county or district officers servants or employees caused the 4,ury or damage?E ' Rvo WAkN�iv dF 0 lye L.Cs 0, b t►1� I�G��C�. CbNDpfjD/VS, �T wA.s 7',"i,T om , A nAiNI41 yT)4CFt,L�ou�:.►✓� p��y w L �,00k„v� Foy My Tf-i%v1 �211r �U�, hcut,S�c esS�)-�h�r� Lgtee- +Wc h p 1-C Lver� "oivwy five ,,�etg h�b eo s (�h,L� fl`t L' MCAT►ani ��2� o bserv�d SereR�L Pe.00Q_ R�YV �NTa �h� hoLe �, Q,9YrS LATEi2 2 N,0T�Ct,0 7'h4T �j,9,eQ/EeS dee- Aac.. � D /V(over) E71 7)4<6-n 5i6E DF 'f he hd/e_• CNCLo5ED Ar_G7 j�7- �-�'1 � I�elCATid•21 5.-� What are the names of county or district officer-.s,. 1searvants.icar� ', \= I employees causing the damage or injury? CorvrR� C vsrt A C='vu n�r�,f P L61 i" leo� K ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed., Attach two estimates for auto damage) N7r M t�f 1PRoAV r U*e e 4 ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amo�znt of any prospective injury or damage. ) I , -)N7't ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ----------------------------you------made---on-------account-----of---this--------accident-----or---n------ 9. List the expenditures ijury: k...--.»..---�A'P� ..........,_ .._:., ITEM AMOUNT Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of AttorneyQ�,L�rcc/ Claimant' s ignat re yya y)t Address Sys Telephone No. Telephone No. 2111 'le� doZ'W ************************************************************************** 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. " 5FiLrHLKL7 rUN I LAG-HUNUA i BODY SHQP , �•� 1300..Cb&ord,Ave. P.O.Boz"6006 80NDrl1 PONTIAC CONCORD,CAL.94524 Phone 825-8000 ESTIMATE OF REPAIRS AS LIS D F0,A LABOR 44"AXERIALS- VERBAL AGREEMENTS NOT B DING" NAME �% ADDRESS DATE J MAIZE OF CAS pYEAR TYPE LICENSE NUMBER MILEAGE MOTOR NO. SERIAL NO. INSURED BY _ JADIUSTER JINSPECTO PHONE HOME q /y BUSINESS Symbol FRONT L. His- Parts Symbol LEFT L. His. Parts Symbol RIGHT L. His. Parts MISCELLANEOUS L. His. Parts Bumper Fender Fit. Fender Fit. Fender Shield Fender Shield Fender Mldg. Fender Mldg. Bumper Gd, Head Lamp 'Head Lamp Bumper Bkt. Head Lamp Dr. Head Lamp Dr." Frame o Sealed Beam Sealed Beam Park Lamp Park Li ht 'Ft.System Cowl-Dash Cowl-Dash Windshield T Stabilizef.L11 C Door Front Wheel f.0 Door Front Door Hinge A,/ 40 Door Glass T Hub Ca i V' v Door Hine C Door Glass T C Door Mldg. Knuckle Door Rear Knuckle Supt. Door Mldg. Lr. Cont. Arm Door Handle Up. Cont.Arm Door Rear Shock Center Post r LL Door Glass T Spr ing C Steering Wheel Door Mldg. Horn Ring Center Post Rocker Panel Door Glass T Gravel Shield C Rocker Mldg. Gi Ile Door Midg. Floor & W-Hs . Rocker Panel Quar. Glass Rocker Midg. Ouar. Panel Floor &W-Hsg. Ouar. Ext. uar. Panel Ouar.Mld . Hood Top Quar, Ext. Fender Hood Hinge Quar.Mldg. Hood Mldg. Fender Ornament, Emb..... - Locb, Plate, Up. Tail Lamp Authorization to repair Lock Plate, Lr. REAR Tail Lamp Given by Horn Bumper Mis'lan'ous Baffle Upper Inst. Panel ff�� Baffle, Side Bumper G'rd. Ft. Seathis. at S•'T Z �� Baffle, Lower Bumper Br'ket. Ft. Seat Ad". `. .... ... . . .. Rad. Sup. Trim Parts Rad. Core Top Sublet -. 60 Rad. Hoses Gravel Shield Tire 32 Sales Tax Fan Blade Belt Frame •••.•.•• • •• .• Wpump& Pul' . Gas Tank TOTAL b(f Motor Mts. Tail Pipe Battery Advance Chgs., ..... .... Trans. Linkage Lower Panel � . Floor Outside M rror Grand Total •..I.....••.•.. Trunk Lid I Antenna 1 97 Discount Trunk Hine YPaint Off r Depreciation Trunk Lock "" " '" NET TOTAL Wheel ................ A—Align N—New OH—Overhaul S—Straighten or Repair EX—Exchange RC—Rechrome Signed: 100-72207 NORICK OKLAHOMA CITY ESTIMATE OF REPAIRS LEHNIE"R'•S' �h '���� 1851 Galindo Street • P. O. Box 5398 iMotes Phone 685 4481 oioSMoaI.i ..Jeep CONCORD,CALIFORNIA 94524/� 1 // NAME AD�q� �o�r cr ��� 7 ID MAKE OF VEHICLE YEAR TYPE LICE ty0. `- . MILEAGE AL PI (7 N0.) L 17107 r,X'WoforR ArV7J/7t J} 7 A _1y INSURED BY ADJUSTER INSPECTOR PHONE HOME BUSINESS SYM.���SYM. Labor Labor Labor . Hours PARTS SYM. Hours PARTS SYM. Hours PARTS Bumper Fender Fender, Bumper Rail Fender Ornament Fender Ornament Bumper Brkt. Fender Shield Fender Shield Fender Midg. Fender Mldg. Bumper Gd. Headlamp Headlamp Frt.System Headlamp Door Headlamp Door Frame Sealed Beam Sealed Beam Cross Member Cowl Cowl Door,Front Door, Front Wheel lDoor Lock Door Lock Hub Cap Door Hinge Door Hinge Hub&Drum Door Glass. Door Glass . Knuckle Vent Glass I Vent Gla3s Knuckle Sup. Door Mldg.. Door Midg. Lr.Cont.Arm-Shaft Door Handle" Door Handle. License Frame-Brkt. Center Post Center Post Up. Cont.Arm-Shaft Door, Rear Door, Rear Shock Door Glass Door Glass Windshield Door Midg. Door Midg. Rocker Panel Rocker Panel Tie Rod Rocker Midg. Rocker Mldg. Steering Gear Sill Plate Sill Plate Steering Wheel Floor Floor Horn Ring Frame Frame Gravel Shield Dog Leg Dog Leg Park. Light Quar. Panel Quar. Panel Grille Quar. Mldg. Quar. Mldg._ Quar.Glass Quar. Glass Fender, Rear Fender,Rear Fender Mldg. Fender Midg. Fender Pad Fender Pad Mirror Inst. Panel Horn Bumper Front Seat Baffle,Side Bumper Rail Front Seat Adj. Baffle, Lower Bumper Brkt. Trim Baffle, Upper Bumper Gd. lHeadlining Lock Plate,Lr. Gravel Shield Top Lock Plate, Up. Lower Panel Tire Hood Top Floor Tube Hood Hinge Trunk Lid Battery Hood Mldg. Trunk Lock y Paint CC) Hood Letters Trunk Handle Undercoat Ornament Tail Light jPolish Rad. Sup. Tail Pipe IMisc. Materials Rad. Core Gas Tank AUTHORIZATION FOR REPAIRS. You are hereby authorized to make the above Radio Antenna Frame specified repairs. Rad. Hoses Wheel ffey1&IZ �' Signed Fan Blade Hub&Drum f abor Hrs. d'" s D Fan Belt Back Up Lite Parts $ UU Water Pump Wheel Shield Wrecker Service—$ Motor License Frame—Brkt. Tax $ 17,r.,*, ti'n Sublet $ q Orgill! A—Align N—New OH—Overhaul S—Straighten orftepair EX—Exchange RC—Rechrome U—Used s This estim to is based on lowest possible cost Ggng:sten�-with quality work, and as such,.is TOTAL S guarantee Items not covered by this estimate or lndgen will be additional. FORM ER-1002-C 44-791 NORICK OKLAHOMA CITY.LOS ANGELES SAN FRANCISCO ..CHICAGO KINGS WN..N.C. - s� BOARD OF SmwVISOAS OF c3ffU COSTA Comm, CALIP+ORNIA BOARD ACTION Claim Against the County, or bletriet ) IWICE TO CLAIMANT April 8 , 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all 'Warnings*. Claimant: SGT. LEVY ALEXANDER County Counsel Attorney: MAR 12 1986 Address: 524 South 17th Street Richmond, CA Martinez, CA 94553 Amount: $200. 00 By delivery to clerk on Date Received: March 7, 1986 By mail, postmarked on no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. q- 11 Dated: March 11, 1986 PHIL BATCHELOR, Clerk, Byo Deputy r C rvelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (�r) 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) ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). V. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct co y of the d's Order entered in its minutes for this date. Dated: 8PR 0 8 1986 PHIL BATCHELOR, clerk, By Deputy Clerk WAR?iW (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 DATID:to c"" . 1986 PHIL BATaMWR, Clerk, By vN Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CJAI�4 ZO:, BOARD OF SUPERVISORS OF CONTRA COP*rRWXapplicationto: Instructions to ClaimantClerk of the Board .O.Box 911 - Martinez.Califomia 94553 A. Claims relating to causes cf 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, 551 Pine Street, Martinez,' California 94553, C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the Distript should be filled in. D. if the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end o his form. RE: Claim b )Reserved for Clerk's filing stamps HA— RECEIVED Against the COUNTY OF CONTRA COSTA) MAR q 1986 or DISTRICT) ftNP1910121 ATCH11041 F1 In name ) rAC R. 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: date and hou-_wwwrr wwww �: When did the amage or in0ury occur? (Give exact ere. did�damag or injury occur? (Include city and county) &Z. e )CzaG' 3. How`d�d-the- amag or injury occur? ZGiveuletasIs,-use extra sheets if re ' ed) - !!__.._.T !_!____-wlw_!! 4. What particular act or omiss'.on on -the part of county strict officers, servants or employees caused the injury or damage /> T� .� , (over) 7tla,44�. 5. What are the names of county or district officers, servants or employees -causing the damage or injury? 6. What damage or injuries do you aim resulted? ZGive rull extent of injuries of damages claimed.- Attach two estimates for auto damage) ----------------------------- ---------------?. How was the amount claimed above computed-----n--ud--th--e-s-i-m--a-t-ed--- . amount of any prospective injury or damage.) ----------------------------------------------------------------�------�-- B.. Names and addresses of witnesses, doctors and hospitals. -- -----------�. ------------------- Lrt-the-e~xpeadtres you made on account of this accident or injury: IME ITEM AMOUNT . Govt. rode Sec. 910.2 provides: M "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his half." Name and Address of Attorney Claimantlib Signat r f A dress �J Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: -"Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer', authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony." CLAIM BOARD OF SUPPERUSORS OF CUM COSTA COMM, CALI]MMA BOARD ACTION Claim Against the County, or bistrict ) JVrICE TO CLAIMANT An r i l- 8, 19 8 6` governed by the Board of Supervisors, ) The oopy o a 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 "iT "01 ty'Counsel Claimant: PATRICIA COLLEEN ABRIE ' MAR 12 1986 Attorney: Cooper and Arquedas 2134 Allston Way Martinez, CA 94553 Address: Berkeley, CA Amount: $700. 00 - $900. 00 By delivery to clerk on Date Received: Parch 11, 1986 By mail, postmarked on ;gra rr h R. 1096 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Parch 11, 19 8 6 PHIL BATCHELOR, Clerk, By a Peputy Ann CerveI II. FROM: County Counsel TO: Clerk of the Board or supervisors (Check only one) 00 This claim complies substantially with Sections 910 and 910.2. - ( ) This claim FAILS to comply substantially with Sections 910 and 910.29 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 �f ) 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 f r this date. Dated: APR 0 19 PHIL BATCHELOR, Clerk, By2, tii 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 oourt action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to oonsult an attorney, you should do so immediately. V. FROM: Clerk of the Board 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: 0 1���gs�_PHIL BATCHELOR, Clerk, By � , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM • r ' ,T0: BOARD OF SUPERVISORS OF CONTRA CC**cF4?WV'app1icatton to: Instructions to ClaimantC'•erk of the Board P.0.Box 911 ` Martinez.Califomta 94353 A. Claims relating to causes" of action for death or for injury to person .or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. 'Claims relating to any other cause of action must be presented not later than one year after the accrual of the Cause of action. (Sec. 911.21 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 di trict governed by the Board of Supervisors, rather than the County, the name of the Distript should be filled in. D. If the claim is against ore 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. RE: Claim by }Reserved for Clerk's filing stamps 5F _; RECEIVED Against the COUNTY OF CONTRA COSTA) MAR 111 1386 Pl l BATCKIOR or DISTRICT} L:RK10A,Eli UYg� R;Co►:* st�c p ,(Fill in name ? $ .. *. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of- $ 7 -I.tq. and in support of this claim represents as follows: I. When did the�damageloz in3ury occur? (Give exact date and hourf �:� W�iere �i tie �amagewo=_ a- 3ury occur? {Include city and county 'I) C'tQ5v-CV,"A t7A k 1._ C.O 3. Bow did the damage�or in3ury occur? �Gi`v'e"�u�S �etaiSs,�use extra . sheets if required} L00 �. What particular act or omission on the part of county or district officers, servants or employees caused the injury or .damage? I 1 0 J - VAA Y. _ _y� ,N1esLJ ,C7J -ts-� (over) 5. What are the names of county or district officers, servants or employees causing the damage or. injury? A Lt ,rrr..r rr wr wrwww Trw Twww w rw wwww,rrwwwwr ww •. ww rwwwwww�w..rwwr 6. What damage or tn�uries do you claim resulted? ZGtve full extent of injuries oir damages claimed. - Attach two estimates for auto damage) t70W wwrrwrrrrrwrwrwrw rw rrr wrr.ow=,wwrrwrw.�rrrrrs�.rww..wr�wr�.a...rrwwrw wrr�,wrsrr rrw �. How was the amount claimed above computed? (Include the estimated amount ,of any prospective injury or damage.) r wwwwrrwitnew wwwwwwww ww rwwrw rww wr ww wrrwwww�rwwwwwr wr wNames andwaddresses of wses, doctors and hospitals. �. wrw iwY1`w�w�il�s•F =�r�l==`�w 111��,wrwwwww wrw w illrww�wlYl wYr•,Lint the .expendaturesu .ou mad% on account of th swaccident or injury: ITEM AMOUNT � ,, ��,.�.�.� ,, `��cs�^�u�nrd �_ 7—moi► f Govt. Code Sec. 910.2 provides, "The claim signed by the clairiani': SEND NOTICES T0: (Attorney) or by some person on his behalf, r Name and Address of Attorney `�{c1.cx► „4, Claimants Signat re Adder�?S Telephone No. 'Telephone No. `znct Section 72 of the Pedal Code provic es; '.Every person who, with inten': to defraud, pre `ents 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 ©r pay the same if genuine, any false or fraudulent claim, bill, account, voucher or writing, ;is guilty of a felony." I.NC�S . -.__...Ci w cjq�P-PE, (DA a--vi v,,� Jaz)pcf:z-;�l -wa-s w. o.ob Atk --- _ -apoAi \sa,* r A 1 m- j. 525-8144 Call ET01. ALBANY JEWELERS WATCHES-DIAMONDS-MOUNTINGS w MANUFACTURING&R£FAIRtNO 823 SAN PABLO AVE. ALBANY, CALIF. 94706 U VOL) Mn. Olt/fi�� • `BGG �"s'z'`"C�'e-.�' 't'r ,�t""T" mak.-�..• - v c �.- C �" . � °� �-�. �� a �� e 'S �... ..J � i - � y �, � _. . �_ . �� .. - �.;,1� _. _. .._ a ...1-_., J.. ..._..R `.:%". ��' 1 ; .-.: + � ' �. . .. _' ._ .. � r - __ .. � ... `�1-- _. - . ._. _ _ _ _ � �� ..... _ _.... _ _ _ � _...?.. - ... I�i • +' .. .� e i _, ._ ..tri►.; . '� - --._. .. _ _ � - i. � �. .1 � � ...�.... j . - � � ..' f - _. � .. r. � - .. _.. .. ...._". _._ __ __ ...�.. i' . � _ � _ ... _ -. ...... -. .. _ ... :. .l ,s ... a •.\ � �.�"..... . _. -:. � ..... ,_tel ,�_ ` • .. .-.. _ �_.��\'� � � .. � � � 4� ,,. `.\, ". .. � � \ \" I • � _ 1' t ... `.\` 1 " BOARD OF SUPERVISORS OF CUM COSTA COMM, CALIFOWIA BOARD ACTION Claim Against the County, or bi strict ) NOTICE TO CLAIMANT April 8, 1986- governed 986- governed by the Board of Supervisors, ) The oopy of-It-hFa—document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all *WarnInW. Claimant: DAN TOR.AIN Holland Sims & Cohen County Counsel Attorney: Gregory M. Haynes , Esq. Address: 703 Market Street, Suite 309 MAR 12 1986 San Francisco, CA 94103 Amount: $200, 000. 00 By delivery to clerk on Martinez, CA 94553. Date Received: March 10, 1986 By mail, postmarked on March 8, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a Dopy of the above-noted claim. Dated: March 11 t 1986 PHIL BATCHELOR, Clerk, By0 a Deputy n Cerve i II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. _ ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (% This claim is rejected in full. ( ) Other: I certify that this is a true and correct c9py of the Board's Order entered in its minute& Po� this date. Dated: PPR UU 19$ PHIL BATCHELOR, Clerk, ^ 1,l Deputy Clerk WARNIIMG (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 oourt 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 aimant. DATED: APR 1 1 1986 PHIL BATQH:ELAR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM i HOLLAND, SIMS & COHEN ATTORNEYS AT LAW JAMES L. SIMS 703 MARKET STREET, SUITE 309 MICHAEL C. COHEN SAN FRANCISCO, CALIFORNIA 94103-2108 GEORGE HOLLAND GREGORY M. HAYNES (415) 495-7179 FAITH 1. MITCHELL March 7, 1986 Clerk of the Board of Supervisors RECEIVED 651 Pine Street Martinez, CA 94553 Dear Clerk of the Board of Supervisors: MAR ID 1986 P !L BATCHELOR su CLM AGAINST CONTRA COSTA COUNPY LER COUNTY RA Co AIM OF c o5 B Claimant's Name: DAN TORAN Amount of Claim: $200 ,000 .00 Address to which notices are to be sent: HOLdAND r SIMS & COHEN GREGORY M. HAYNES, ESQ. 703 Market Street, Suite 309 San Francisco, CA 94103 Date of Accident: 12/8/85 Location of Accident: 1300 Rumrill Street, RicYmiond, CA How did the accident occur: Contra Costa County failed to maintain a garage gate door in a safe manner. Dan Toran walked through the gate and slipped and fell. Describe injury or damage: Dan Toran has suffered a broken wrist. Name of public employee or employees causing injury of damage, if known: UNKNOWN Itemization of claim: Medical Expenses: UNKNOWN General Damages: $200,000 TOTAL: $200,000 r, Signed by or on behalf of imant• �`_ "Att rn fo Claimant CLUX BOARD OF SUPERVISORS OF CONTRA COSTA COUN►fZ, CALIFORNIA BOARD ACTION Claim Against the County, or biatriet ) NOTICE 70 CLAIKANT Ap r i 1 8, 19 8 6 goveniied by the Board of Supervisors, ) The copy of-thFs--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 *Warm ". Claimant: DAN TORAH ��;;���nunsei Attorney: Holland, Sines & Cohen MAR 12 1986 Gregory M. Haynes , Esq. Address: 703 Market Street, Suite 309 ,viijamez, CA 94553 San Francisco, CA 94103 Amount: $200, 000. 00 By delivery to clerk on Date Received: March 10, 1986 By mail, postmarked on March 8. 1986 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. fl, Dated: March 11, 1986pHIL BATCHELOR, Clerk, By Deputy An`b rProal 1 i 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 c®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). V. BOARD ORDER By unanimous vote of Supervisors present ( ) This claim is rejected in full. ( ) Other. I certify that this is a true and correct co y of the BWd1s Order entered in its minutes for this date. Dated: APR 0 8 3386 PHIL BATCHELOR. Clerk, By Deputy Clerk WAMME (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 DATED:to6 X986 PHIL BATCHELOR, Clerk, ByQL k�-C-Y , Deputy Clerk ce: County Administrator (2) County Counsel (1) CLAIM t 1 ITOLLANJI /-�, SIMS & l.•0]:I] N ATTORNEYS AT LAW ' i JArw£5 L. 5{MS 743 MARKET STREET. SMITE 30Sd MICHAEL C. COHEN SAN VIZANCISCO, CALIFOriNIA 94103-2108 GEORGE HOLLAND (415) 495-7179 GREGORY M. HAYNES FAIl'H 1. MITCHELL i March 7, 1986 Clerk of the Board of Supervisors 651 Pine Street Martinez, CA 99553 Dear Clerk of the Board of Supervisors: CLAIM AGAINSP CONTRA COSTA COUNi'Y ,..; . Claimant's Name: DAN TORAN Amount of Cl.ahn: $200 ,000 .00 'HSL BATCHELOR OA )A f !+stWfs Address to which notices are to be sent: ��+� �So9 J, Hom.Arm, SIMS & COHEN CZBWRY M. F3AYNES, ESQ. 703 Market Street, Suite 309 ' San Francisco, CA 94103 Date of Accident: 1-2/8/85 Location of Accident: 1300 Rumrill Street, Richmond, CA i How did the accident occur: Contra Costa County failed to maintain a garage gate door in a safe manner. Lean Toran walked through the gate and slipped and fell. Describe injury or damage: Dan 11bran has suffered a broken wrist. Name of public employee or employees causing injury of damage, if known: UNKNCWN Itemization of claim: i Medical Expenses: UNICNCMN general Damages: $200,000 "AL: $2 O,.00b V Nl 75 1 1 r 2 1 l_-t E) iM BOARD OF SUPERVISORS OF OONTRA COSTA COUNTrg CALIF+dRWIA BOARD ACTION Claim Against the County, or bistrict ) NOTICE TO CLAIMANT April 8, 198-6 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: AARON LONG Attorney: County Counsel Address: 4651 James Avenue MAR 12 1986 Castro Valley, CA 94546 Martinez, CA 9453 Amount: Unspecified By delivery to clerk on Date Received% March 10, 1986 By mail, postmarked on Marrh 7- 1 ARh I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. / D Dated: March 11, 1936 PHIL BATCHELOR, Clerk, By -0 Deputy A n Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (X) This claim complies substantially with Sections 910 and 910.2. - ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and Fre 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: 7T 11M By: c� Deputy County Counsel III. FROM: Clerk of the Board MI. (1) ounty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( Other: I certify that this is a true and correct cc of the Board's Order entered in its minutes for this date. Dated: AER 0 PHIL BATCHELOR, Clerk, By L.i �.L ` , , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a latrre, claim was mailed to DATED: APR claimant 1 1986 PHIL BATCHELOR, Clerk, By , ti �C�� , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CI,kIM TP: BOARD OF SUPFRVISQRS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 (or mail to P.O. Box 9.11, 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 RECEIVED Against the COUNTY OF CONTRA COSTA) MAR tD 1366 or DISTRICT) (Fill in name) ) rM rcHR 11C . T suPE RS N A 51AC The undersigned claimant hereby makes claim Ay o Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ----W1. h----------=--------------------------------------------------------- en did the damage or injury occur? (Give exact date and hour) u �ccU d OY1 lj('ua1' ZI,e6 of Qep�4�t�2�,a f R wpm Jke . i ------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) ( "�C�c�el �'k' (moi C'dv�tfa C,os Coves -----H ---------------------------------------------- 3. ow---did-----the----d-amage------or--injury occur? (Give full 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 dama e? C�'� �� liG(, �GaCI✓lC� �r��d CPLD) CG�t,I GSC (over) 5. ' What are the names of county or aistrict officers, :.ser_vants ter.,.; ,4 ! employees causing the damage or injury? 6. -What damage-or injuries do-you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage} , .f5' Ood amd ro-6 s`2 rk f~ J etaf;1 lA fes est d oW d- ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------ - ------------------------------------------------------------ 8. Names- --and--- addresses of witnesses, doctors and hospitals. WV 61* M & Ieft PUV Opol oto -------------------------------------------------------------------- -- 9. List the expenditures you made on account of this accident or injury: ITEM - AMOUNT t rle_ P014q UP_+ -44-2 .-..:�,...._r........� ` .,_.�.�.. Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (,Attorney) or byp so e Irson on his behalf. " Name and Address of Attorney 'man ' Signature v� Address 15 i X24 t-LG D / ggSW� Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " a Ila 4 . Wd goe j�rL Fit lG� 114f 4C �'�` 601 } ���\ fes. /'� �� /J ���,,, /� /- ' /_�. jam. ( �'� f � '�fi�' �1, _++ . i� . ,_1 �- ��� '�; ,;. � �� �� 1{ ' ' �1 l ��'- i� �� , f ;' EC 1�, / f' ,� ; ,� ,,: )[ ,> �_. / � ,���` ,f ,, f�i` i' % ,'% f%� � �/ f l � , � �� �.� � � � f ��� j//f! c` 17 � _�, 1 � � { ,� �- /pod A�GtO VOID AFTER '30'DAYS REPAIR- 1100Y 8 PAINTING SPECIALIST ESTIMATE CASTRO VALLEY ALAMEDA 3142 Castro Valley Blvd. 2405 Eagle Avenue 1'1 1452 ` - IPark 8 Eagle) �] ��/6 O 581-5 3 521-1570 Dote v apti r � Cor Owner— I Address 0 Home Phone Make V Vi Y00191 License No Type � Mileage Business Phone I.D. Adjuster Phone Insurance Co. Inspector Labor Labor . labor Symbol � Hours PARTS SymbolRaw Hours PARTS Symbol Hours PARTS Bumper Fender Front Fender, Front Bumper Brkt. Fender Shield Fender Shield Fender Mldg. Fender Midg. Headlamp Bumper Gd. Headlamp Headlamp Door Frt. System Headlamp Door Sealed Beam Frame Sealed Beam Cowl Cross Member Cowl Door, Front Door, Front Door Hinge Wheel Door Hinge Door Glass Hub Cap Door Glass Vent Glass Hub 8 Drum Vent Glass Door Mldg. Knuckle Door Mldgs. Door Handle Knuckle Sup. Door Handle Center Post Lr. Cont. Arm-Shaft Center Post Door, Rear License Frame-Brkt. Door, Rear Door Glass Up. Cont. Arm-Shaft Door Glass Door Mldg. Shock Door Mldg. Rocker Panel Windshield Rocker Panel Rocker Midg. _ Rocker Mldg. Sill Plate Tie Rod Sill Plate Floor Steering Gear Floor Frame Steering Wheel Frame Dog Leg Horn Ring Dog Leg Quar. Panel ' Gravel Shield Quar. Panel Quar. Mldg. Park. Light Quar. Mldg. Quar, Glass Grille Quar. Glass Fender, Rear VJ Fender, Rear Fender Midg. t'\'7 Fender Mldg. Fender Pad �7L_ Li Fender Pad Mirror Inst. Panel Horn Bumper Front Seat Baffle, Side Bumper Rail Front Seat Adj. Baffle, Lower Bumper Brkt. Trim Baffle, Upper Bumper Gd. Headlining Lock Plate, Grovel Shield Top Lock Plate, 0 Lower Panel Tire Hood Top III, -C; Floor Tube Hood Hinge Trunk Lid Battery Hood Mldg. Trunk Lock Paint Ornament Trunk Handle Undercoat Rod. Sup. Taillight Polish Rad. Core Tail Pipe Misc. Materials Radio Antenna Gas Tank T Rad. Hoses Frame Fan Blade Wheel AUTHORIZATION FOR REPAIRS Fan Belt Hub 8 Drum You are hereby authorized to make the above Water Pump Back Up Light specified repairs. Motor Mts. License frame—Brkt. Signed Labor Hrs. $ Ports $ Wrecker Service—$ A-ALIGN N-NEW OH OVERHAUL S-STRAIGHTEN OR REPAIR EX-EXCHANGE c RC-RECHROME U-FOR USED PARTS S-REBUILT Tax S Sublet` This estimate is based on lowest possible cost consistent with quality work, and as such, is guaranteed. Items not covered by this estimate or hidden will be additional. $ TOTAL $ ' �w ,. WII 11 J H M Auto Body Painting Specialists (JIT)ATENDRA M. VORA OWW License JAH112222 Phone 20531 Mission B1.vd. 415-276-0744 Hayward,CA 94541 G D C ; Across From Creekside Shopping Center 3 . � c,2 ms s 2- o ��ss 1 • � �� ,,.�. t CLAMi HOARD OF SUPERVISORS OF CONTRA COSTA OOl?N'1R, CALIFORNIA BOARD ACTION Claim Against the County, or District ) POTICE TO CLAIMW April 8, 1596 goven'ied by the Board of Supervisors, ) The copy of Iffis 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, bela+)s to California Government Codes } given pursuant to Government Code Section 913 Claimant: EDMUND L. REGALIA and 915.4. Please note all *WarninW. Attorney: County Counsel Address: 1950 Whitecliff Court MAR 12 1986 Walnut Creek, CA 94596 Amount: $371. 99, By delivery to clerk onar in �94553 ._P.T.. Date Received: March 11, 1986 By mail, postmarked on March 10, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: ATear ch 12, 19 8 6PHIL BATOEMDR, Clerk, By n � Deputy CerVelli. II. FROM: County Counsel 70: Clerk of the Hoard of Supervisors (Check only one) 00 This claim complies substantially With Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it Was filed late and send Warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( } Other: Dated: 8 By: Deputy County Counsel III. FROM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator ( ) Claim Was returned as untimely With notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present A(( This claim is rejected in full. ) Other: I certify that this is a true and correct co y of the Board's Order entered in its minutes for this date. Dated: APR 0 81986 PHIL BAT0MOR, Clerk, By L.L ` ' , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in correction with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance With Section 29703. ( } A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: APR 1119AR PHIL BATCMDR, Clerk, By��: De�i•.��r-c� puty Clerk cc: County Administrator (2) County Counsel (1) CLAIM �%CL-Avi',� TO: BOARD OF SUPEWVISORS 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 Car mail to P.O. Box 9.11, 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 ) RECEIVED Against the COUNTY OF CONTRA COSTA) MAR 11 1986 or DISTRICT) •HIL BATCHELOR (Fill in name) ) ER Co h COO,S1$A ► RS The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ :3 7/: 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) --------------------------------------------------!-a------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) 7 ' r,- �vt 'f- .��q ear) 'C�6t_7 ycf rr1Gl '� cuv �Gir.f h�b �� wfivr; a'cimu� cli��ef. �,�^� o✓t� u� /�, -� ___ 4 What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? (over) /�/�''� �/�' �!/Y1 ui�t�(� � /�i�'1¢JiJ�'..�'c='G� �y /��SU✓Z'l't-9C •,5., What are .the names of county 'or district officers,-- servants--+drL :x•= �- 1 employees >causing the damage or injury? ----------------------------------- ------------------- a What damage or injuries do you claim resulted. (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) c? '�Jnat� �` /"e� zt.� br//S ark el0sPel, ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) S--o # �- ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ��itL� �u� Ci�'uu✓s �-��"� /c�/a����� �� ole ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: ITEM AMOUNT Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his bJe,half " Name and Address of Attorn Claimant's Sig ature-- Address " Telepie No. Telephone No. q_3 q- — 3i-3 ********************************************************* *************** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " �p Lesser. The Hertz Corporation EXCHANGE VEHICLE EXCHANGE RA WALNUT CREEK CAR WASH 2172 NORTH MAIN STREET f. WALNUT CREEK,CA. 94596 Rental Agnament No I offt PHONE:1415)939-2971 1242 1111111 &Voy FOR EMERGENCY ROAD SERVICE ; CALL COLLECT:(415)877-3788 STALL NO. TIME j =Q s k IN Cry,NO. > a _ OUT do - VEHICLE NO. RE TURNE O TO C I T Y/ST TEtA A O O tt ee 1C.. �"y O 0 3 2414 4 1 rs, VEHICLE LIC.NO. STATE -PREPARED BY COMPUTED By co yyam' U j.3 3 1 a'O VEH.MAKE—BODY STYLE RATE CLS.RATE PLAN OUT RATE PLAN IN CL 1974 _ TD 1f tt,,t� tt �/ht 'L L U rt W 1r R L V L OWNING CITY/ST.IVEM,CLS, _ p 'p sy e3:CLUS NO; c aiitAMT.tt ; fDAYS - low �,O FORM OF PAV CASH ON RET. OTNER;IDENTIF)C�►T 16N " PEN x RA.HAI s6 ti P. r,a .,� * .L 1 MILEAGE -rr ! _ (� ,_ a, <. "4 I Via% t OUT YY DRIVER'S LICENSE NO STATE EXPIRES r WKS. - U •.. _ IS I, �t I DRIVEN E« HOME/BUSINESS ADDRESS - HOME/BUSINESS PHONE NO. t MILES 4F MILES y _ IALLOWFOI _ N a•, CHARGED CITY/STATE v wZ ZIP CODE REFUELING SERVICE CHARGE [ 0 Co C1 PER O GAPE LLON C Co VEHICLE TO BE RETURNEDTD(CIT T TEI OC.NO. DATE DUE > i P. TANK N FUEL OUT FUEL IN ? SUB AL E t CVEHICLE RENTED AT(CI V/STATE) +s' i,{ AREA6 LOCATION NO. VOUCHERICERTIFICATE NO. ' WALNUT CREEK,CA." �"' 1242-20 Ctx'.'.. I.T.NO. SUBTOTAL CL ro " ' o z � CII I. d CU"OMER ELECTS TO RETURN VEHICLSW(TH',,LkSS FUEL THAN WHEN RATE CONDITIONS a Fu LI HIED,'REFUELING SERVICE CHARGE WIL SE1411ADE. � SERV.CHG. _ Vah(c et ahall NOT be Operated by any pere0n except Cua[omor end following • MINIMUM RENTAL CHARGE H E Aut zed Operstora who`Yimt be veRdiy Uce#sed to drive and'hsir#I Customer's ONE RENTAL DAY(24 HOURS) prior permlraion:parsons 21008 r ever who�00\rleliApere o?-Customer+immediate • RATES DO NOT INCLUDE `at o) family and permanently reside In Customers'household; ornployer,i=nor, REFUELING SERVICE CHARGE SUBTOTAL E E 'axeput{va officer.o'r, regular dm%ayse 'of Oustorr, r;,,add7fbn�1l ulhorized C: 7 oper>ato}(s)app�pvtaii by Lessor In wrltlag,ALL HAROESSUBJECTO RUDIT. FOR THIS RATE TO APPLY: TAX I VEHICLE IS RENTED UPON TERMS AND.CONDITIONS ON THIS-PAGE AND UPON E ()(> REVERSE SIDE.CUSTOMER REPRESENTS HE/SHE HAS READ,UNDERSTANDS AND THE MINIMUM RENTAL 6.51yo i ( e • AGREES WITH ALL SUCH TERMS AND CONDITIONS. PERIOD IS i DAYS. aLuneunsLMLNr W r; ______ ( OW(Par Gov) ; C 1 f / VEHICLE MUST BE RETURNEDr.1J/ ! � $3 ---_-______-- --_- ACCEPT DECLINE rCOLLISION DAMAGE WAIVER(CDW).BYINITIALS, '-:-e i #r ;-ter•. L3.«.: s':. PAI(DAILY) X X Customer accepts, at refs shown, or deciirtasVEMCLE MUST BE RETURNED Lessor's weiyer of Customer's responsibility for TO RENTING CITY Up to s'iza!-I1!A10_._:JL_-.______of accidental `c'• / -` CUSTOMER AGREES TO PEC(DAILY) W vehicle damage due to collision or rollover,per Par. CHANGEIN RATE CLASS " an Reverse Side.COW IS NOT INSURANCE, $ ACCEPT DECLINE PERSONAL ACCIDENT INSURANCE (PAI). BY RESERVATION DATA - P X X NI71AL3, Customer accepts, at rate shown, or - TOTAL i A /'declines PAI.If Customer accepts PAI,Customer CHARGES rG. acknowledges reading SUMMARY of Coverage I I `' •,mita fumished at rental. MI SC, pt 'ACCEPT OfCtrNE ERSONAL EFFECTS COVERAGE (PEC). It PEC Xava(labts,Customer,BY INITIALS,accepts,at rate shown,or declines PEC.Customer acknOwledgei HESE R`V ATION I.D.NO. ' c C i reading SUMMARY of Coverage Limits fumished rantal. NET DUE ) as €C C REFERRAL SOURCE RES. CLASS ' REFUND DEPOSIT DEPOSIT' $ $ ;.( - -(N Any) p EXPLANATION PAID By f ti' NET DUE C: Renta! 1242 REFUND RECD SV ORB DATE p0 NOT PAY FROM THIS COPY Agreement No. =� I/j ALL CHARGES SUBJECT TO AUDIT - 4-1•26(37—w , TZ Direct all inqulrieS to: P4 BOX 226CORPORATION OKLAHOMA CITY,OKLAHOMA 73126 Hertz. . e#1 way to rent a car- Rental a - . Q /� r � R-ental Agreement a 'WAIF HERTZ MATURES THE EXCITING FORD THUNDERBIRD. Lessor(as identified on reverse side)rents Vehicle'(as described on reverse side)to Cus- (ii)If Customer purchases fuel during rental,refueling service charge shall be rate tomer,subject to the terms and conditions of this Agreement,and in consideration thereof, per gallon set forth on reverse side,multiplied by Lessor's estimate of number of Customer agrees to the following. gallons required to refill Vehicle fuel tank(estimate made by reading Vehicle fuel i RESPONSIBILITY FOR PAYMENT gauge and using average of Vehicle manufacturer's specified tank sizes for This Agreement consists of all the terms and conditions on this page and on reverse side, Vehicle's car class); whether printed or written.'Customer"means the person(s)signing this Agreement,and `"' c. p D, O 9 9 9 (c)COLLISION DAMAGE WAIVER(CD�V CHARGES:If applicable,computed at daily any other party to whom the charges incurred are billed,with Lessor's consent,at the -_ _. _ charge set forth on reverse side.Daily charge is due for each tuff or partial rental day; express direction of such party or the person(s)signing this Agreement, all being (d)PERSONAL ACCIDENT INSURANCE (PAI) and PERSONAL EFFECTS COVERAGE jointly and severally liable for such charges. (EU)CHARGES.If applicable,computed at daily charge set forth on reverse side. 2. VEHICLE REPAIRSIWARRANTY DISCLAIMER Daily charge is due for each full or partial rental day, Vehicle is Lessor's property. This Agreement is a bailment contract only for use of (e)TAXES:Applicable sales,use and excise taxes,and any amounts charged by Lessor. Vehicle.While Vehicle is od�rarrtal to Customer,Customer is not Lessor's agent for any as reimbursement for taxes paid; purpose.Any service to or replacement of a part or accessory to Vehicle during rental (f) COLLECTION AND VEHICLE RECOVERY EXPENSES: Lessor's costs, including. must have Lessor's prior approval. Customer acquires no rights other than to use reasonable attorneys'fees,incurred in collecting charges due from Customer pur- Vehicle in accordance with this Agreement.LESSOR MAKES NO.WARRANTY OF ANY suant to this Agreement or in recovering Vehicle which has been abandoned by KIND,NATURE OR DESCRIPTION,EXPRESS OR IMPLIED,AS TO MERCHANTABILITY Customer or seized by governmental authority as a result of Customer's actions; OR FITNESS OF VEHICLE FOR ANY PARTICULAR PURPOSE. (g)FINES AND OTHER EXPENSES:Fines,penalties,forfeitures,court costs and other 3. RESPONSIBILITY FOR VEHICLE CONDITION/RETURN/REPOSSESSION expenses that may be assessed against Lessor which are due by reason of Customer shall return Vehicle to Lessor in same condition as received,except for or- Customer's possession or use of Vehicle;and dinary wear,to location where rented or to such location as set forth on reverse side (h)OTHER CHARGES: Drop-off charges, if applicable,,if Vehicle is not returned to on the due date specified,but in no event more that.30 days after cgmr-ncement of .. renting location,and other charges,if applicable,for other services supplied by Lessor. rental. 4 Vehicle is not returned to such location on due date and thereafter ERRORS:All charges are subject to audit.If,upon audit,an error is found,Customer shall delivers or mails to Customer,at address set forth on reverse side,a demand to return pay corrected charges.If,upon audit,an error is.found,Credit Card Customer authorizes Vehicle to Lessor at such location,"Lessor may repossess Vehicle at any time thereafter Lessor to rcorrect such charges,including changing any charge card invoices signed at Customer's expense.Lessor reserves right to repossess Vehicle at any time without by Customer,to reflect correct charges,with written notice of correction to Customer. demand,at Customer's expense,if Vehicle is illegally parked,used for an illegal purpose, B. NO LIABILITY FOR PROPERTY -'or apparently abandoned.Customer waives prior notice,pre-seizure hearing and receipt Lessor is not responsible for loss of or damage to any property left,stored,loaded or of judicial process as a prior condition to Lessor's repossession.In eveN at any Vehicle transported by Customer or any other person in or upon Vehicle,any service vehicle, replacement for any reason,Lessor may,at its option,terminate this Agreement and premises of Lessor,or left with any agent or employee of Lessor at any time or place rent any replacement Vehicle under the terms of a new agreement prior to,during or after the rental,including any property in Vehicle repossessed in 4. LOSS OR DAMAGE TO VEHICLE/COLLISION DAMAGE WAIVER(COW) accordance with provisions of this Agreement,regardless of cause,except that resulting If Vehicle is lost or damaged while on rental, whether or not due to Customer's solely from Lessor's negligence. Customer and Authorized Operator(s) release, fault,Customer shall pay Lessor on demand the amount of such loss or damage at pre- indemnify and hold Lessor,its agents and employees harmless from any claim for loss vailing retail price plus Lessor's related expenses,except as follows: of or damage to such property. (a)PHYSICAL DAMAGE-If Vehicle is used in accordance with all terms and conditions g. LIABILITY COVERAGE _ of this Agreement,Customer,is not responsible for loss of or damage to Vehicle Lessor provides liability cov§rage for Customer and any Authorized Operator(s), in arising from causes other than collision or rollover(such as fire,theft,windstorm, accordance with standard provisions of a basic automobile liability insurance policy as flood or not). . required in jurisdiction in which Vehicle is operated,against liability for bodily injury (b)COLLISION OR ROLLOVER-B Vehicle is used in accordance with all terms and con- including death I imits$100,000 each person,$300,000 each accident)and'property ditions of this Agreement, Customer's responsibility for loss of or damage to damage(limit$25,000)arising from use or operation of Vehicle as permitted by this Vehicle due to collision or rollover is: Agreement. Coverages hereunder shall automatically conform to basic regtdrements (i) LIMITED to maximum amount set forth on reverse side;or of any'No Fault'law which may be applicable,but do not include'Uninsured Motorist' (it)WAIVED by Lessor if Customer accepts Collision Damage Waiver at time of rental by or supplementary'No Fault', or other optional coverage;and Lessor and Customer initialing COW'ACCEPT'box on reverse side.COLLISION DAMAGE WAIVER IS hereby reject,to extent permitted by law,inclusion of any such coverage.In event that LESSOR'S WAIVER OF CUSTOMERS RESPONSIBILITY;IT IS NOT INSURANCE. coverage is imposed, by operation of law,for the benefit of any person other than IF CUSTOMER PERMITS USE OF VEHICLE BY PERSONS OTHER THAN AUTHORIZED Customer or any Authorized Operator(s),then limits of such coverage shall be minimum. OPERATOR(S)AS DESCRIBED HEREIN,OR USES OR PERMITS USE OF VEHICLE IN requirements of the financial responsibility law or other applicable statute of state or VIOLATION OF PARAGRAPH 5 HEREOF,OR OFF A PAVED ROAD AND/OR IN A RECK- other jurisdiction in which accident occurred.Lessor warrants that to extent permitted LESS,GROSSLY NEGLIGENT,ABUSIVE OR WANTON MANNER,CUSTOMER SHALL BE by law liabilitycoverage described in this Paragraph 9 is primary with respegt to any LIABLE FOR ALL LOSS OF OR DAMAGE TO VEHICLE UPTO ITS FULL VALUE,WHETHER other insurance available to Customer,or any Authorized Operator(s). Customer and OR NOT CUSTOMER HAS ACCEPTED COLLISION DAMAGE WAIVER. Authorized Operator(s)shall indemnify and hold Lessor, its agents and employees 5. PROHIBITED USES OF VEHICLE harmless from and against all loss,liability and expense whatsoever in excess of limits Vehicle shall NOT,under any circumstances,be used for any of following purposes or of liability provided for herein,as a result of bodily injury,death or property damage under any of following conditions,all being WITHOUT LESSOR'S PERMISSION: caused by or arising out of use or operation of Vehicle. (a)to carry persons or property for hire; COVERAGE`IS VOID IN MEXICO-Customer must obtain Lessor's written authorization (b)to propel or tow any vehicle,trailer or other object; and purchase liability and property damage insurance before entering Mexico. (c)in any race,test or contest; Upon request,Lessor shall provide Customer with proof of coverage and Vehicle owner- (d) wner(d)for any illegal purpose; ship required by Canada. (e)to instruct an unlicensed person in operation of Vehicle: Customer shall promptly report all accidents involving Vehicle to Lessor and. if (f) if Vehicle is obtained from Lessor by fraud or misrepresentation; necessary,,to police.Customer and Authorized Operator(s)shall deliverAo Lessor all (g)to carry persons other than in passenger compartment of Vehicle; papersof-any kind received by such party relating to any such accident.Customer and (h)loading Vehicle beyond its rated capacity;or Authorized Operator(s)Will cooperate fully with Lessor in completing accident reports (i) while under the influence of alcohol or other intoxicants like drugs or narcotics. and in investigation and defense of any claim or lawsuit relating to any such accident. PROHIBITED USE OF VEHICLE VIOLATES THIS AGREEMENT,VOIDS COW AND ALL andauthorizeLessortoobtainfromanygovemmentalauthorityhavingjurisdictionthere- LIABILITY AND INSURANCE COVERAGE,MAKES VEHICLE SUBJECT TO IMMEDIATE of any record of any violation-of-law citation issued as a result of any such accident RECOVERY BY LESSOR AND MAY MAKE CUSTOMER RESPONSIBLE FOR ALL LOSS 40.PARKING AND TRAFFIC VIOLATIONS OF OR DAMAGE TO OR CONNECTED WITH VEHICLE, REGARDLESS OF CAUSE, IN , ;,. Customer shalt be responsible for and pay all parking and traffic-violation fines and pen- CLUDING BUT NOT LIMITED TO LESSOR'S EXPENSES. alges arising oN of use of operation of Vehicle by Customer or any Authorized Operator(s), 6. PAYMENT OF CHARGES _and agrees to pay,or indemnify and hold Lessor harmless in event Lessor pays,such All charges and other amounts billed pursuant to this Agreement are payable by Cus- fines and penalties on behalf of Customer,and to reimburse Lessor for all,its collection tomer(i)in cash at conclusion of rental,or(ii)if a credit card acceptable to Lessor is and other expenses,including attomeys'fees,relating to same. used,upon Customer's receipt of applicable statement or invoice,in accordance with. Customer and Authorized Operator(s)authorize Lessor, in connection with claimed the terms of such statement or invoice. CREDIT CARD CUSTOMER AUTHORIZES violations of parking or traffic laws arising out of use or operation of Vehicle by Customer LESSOR TO PROCESS-A COEDIT CARD VOUCHER(IF APPLICABLE)IN CUSTOMER'S and/or any such Authorized Operator(s),to release to any governmental agency having NAME FOR CHARGES AND CONSENTS TO RESERVATION OF CREDIT WITH CARD jurisdiction thereof any information relating to Customer or any such Authorized ISSUER FOR AN AMOUNT EQUAL TO ESTIMATED CHARGES DUE. Operator(s)which Lessor has in its possession. 7. COMPUTATION OF CHARGES - - 11.ASSIGNMENT As provided in Paragraph 6 herrwf, Customer shall pay lessor the sum of: This Agreement and Vehicle cannot be assigned or transferred by Customer.Any attempt (a)TIME AND MILEAGE CHARGES:Computed at daily/weekly or other rate set forth to do so is null and void. on reverse side(mileage determined by reading Vehicle odometer);charges are Q.WAIVER/MODIFICATION OF TERMS computed on the basis of a 24-hour rental day,with extra hours'rate set'forth on re- No term or condition of this Agreement may be waived or modified as to Lessor except verse side charged for each hour and/or any part of an hour in excess of a rental by a writing signed by Lessor's authorized representative who has been expressly r day before Vehicle is returned,until such hourly charges equal applicable daily rate. authorized to do so by Lessor, (b)REFUELING SERVICE CHARGES:If Vehicle is returned with less fuel than when 13.LIABILITY OF LESSOR rented,Customer shall paya refueling service charge determined as follows: Lessor shall in no event be liable ter any indirect,special or consequential damages in (i) H Customer does not purchase fuel during rental,refueling service charge shall connection with or arising out of fumishing,performance or use of Vehicle. be rate per mile set forth on reverse side,multiplied by miles traveled(deter- This Agreement constitutes the entire agreement between Lessor and customer. mined by reading Vehicle odometer),or PLEASE SEE FURTHER TERMS AND CONDI IONS ON REVERSE SIDE(3ie5i 4019 02b8 .500.3 24.1.4 53155 4 19 7o{r$6-v ISA Y G W E N 0 a L f N W REGALIA DACE I � I H NO. IDENTIFICATION REG./DEPT. TAKE[� USrj'/`a�' SEND❑ , QUAN. DESCRIPTION UNIT COST AMOUNT WALNUT CREEK DATSUN INC I. IrALNUT GEEK C1! I 096,7:'2 i THIS FURN TD The issuer of the card identaled on this eam b wlhorizad to pay tM sera m sMrr es TmAL SUI!TOTAL upon proper presamatiat.I promise to pay such Total gagldhet with ern aher due thenal(subject to and in accomance With the Agreement goendhg the asp of sudr Card: 1 PUR ASER.SIGNNERE TAX SAL SLIP TOTAL IMPORTANT: RETAIN T OPY FOR STATEMENT VERIFICATION SAnTFERF•U.S.Pat.4,403,793 E&��y i ERNISSAN PEUGEOT• PARTS 2659 N.Main Street, WalnuKreek,-CA*4596 14151936.1744 i I INVOICE CUSTOMER DATE NUMBER NUMBER NAME ADDRESS I QTY. PART NUMBER/DESCRIPTION BIN LIST NET AMOUNT s ... i . i i i i I V Ell. CASH CH; WHSL RTL INTL OTR AN BOLD,! ,,l7 P.O.NO. 1i!! /,';'•'r S r t j t?c xfi GROSS a• NO RETURNS WITHOUT THIS INVOICE, NO RETURNS ON ELECTRICAL - 20%HANDLING CHARGE ON RETURNED ITEMS. OR SPECIAL ORDERED ITEMS, SUBTOTAL LIMITED WARRANTY The only warranties applying to this partial are those which may be offered by the manufactures The TAX •*- t� ,I selling dealer hereby expressly disclaims all warranties,either express or implied,including any implied j warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any y other person to assume for ii any liability in connection with the sale of this part(s)and/or service.Buyer shall not be entitled to recover from the selling dealer any consequential damages,damages to property PAY THIS_AMOUNT _ damages for loss of use,loss of time,loss of profits,or income,or any other incidental damages- i j; 1284-07961-1-2(AA-33331 NORICK OKLAHOMA CITY - NORICK.'OKLAHOMA Cm Z! ❑ m 0 >. Dm (n Z 1 ro Or Zo z a m {,A m m N m z a NO m o a cn1 �;•P r cA 0 cc; � b to z a a n. C rGal > z ro , 'Tl DD y m p 'n rJ Ir r , m m m C-1 M �'' �• m 0 r c'O D Oro Rp y °m lT W 7C r m En w w n "�o W �l C• y M s �' - ro TI Ct C. -1 m z Oc ° D O Av.o z c Mn M O D 'd . .N O 6 r,++0 '40n D - r m otr D M m m � (R�i - 3 2 y m -J, m F. m 0 m 0D co co D X cffiVwFmmm7mm�0moKm.mmo 0o >0 -40 mm- mp z FO -� omv 20 0 3 0<- 9 m y mm m m� >;o�°°c y Dv o 3���^ m� Z cn O o-.mm,wo ..!.o C1 p mm vD m »Hv-��,3w3H D ZZ � - cm mo m y 2 4� m 1 n.. m.�^m > .2 m - =O 3 IR c a?o mm om > �( � mmffiao3��m 0 p 1 5z m O 77 r (� w 0 m o-mmwmd.D QR ° ro, 3�mv�m<- ffi v Z �> 0 v ism»omaomms< >> c m p Z Da < D c famffi���mmm p w. -40 < 9 a 67 ac y mm'?UmNE�'o.m m D 3 Z 0 v a�a3o-Q�m yC O R V m »mow m om m �omom� mm `+1 ro V �D T D N �DOO�O,9m»7�D ~ 41 O �O�mOC M m O Cb T . 0 zj -n m p (�IM > 0> D nLAT �mm .aAc�Ct c c Dm-i z� i p °z DoX:E m� OO gWmm N °� z z c� N°° m r O 3 r Eft m Z O—1 1z D m D n D C D L' C W 17 0 y CD r Z In A -4 m � D A U D 0 cm» m D r p nDfTi �, f!� r r. U) i 2 c D 7Cz� °f a X T m N 1 _I Z D rn y — m y D D `� m z .' co U) m 0D mD T� D �W _1D gro DO DO To (� r Im CO Dv 9r =D �p0 =D ma m� rS 2 c m m �C zC ZZ mD 0), mx rZ rZ m2 Z a ,"Q 2 �� tmn--1 m rZ 1 rT r r 7J 4) L) o m G (j, z. Nm m DO gp' D1* Am m i •� 0 C vl cz r D mO O p .� /y� 1 m (A-1 yr� r Z O, u1 0) Z M N 1 > ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Cr e V D r t Z D rk.ti F-. — Y IS The only warranties applying to this part(s) are those which T Y ' i i- _- ; { ` a . may be :offered by the manufacturer. The selling dealer our charges for labor are not based on actual me- ' chanics time, but are;established by multiplying`.our ; hereby expressly disclaims all warranties, either express or f I retail.labor rate by industry time allowances or, our implied, including any implied warranties of merchantabil- own r� dgment of the time to be charged; ( j it or fitness fora articular purpose, and neither assumes "You,will be charged no more than the estimated price ` y : p, p rp ; approved by you However, if we discover that-di;ffer- norauthorizes any other person to assume for it-any liabil-'- -=-- ent dr additional repairs are indicated 'ybu will be con- it; in connection with the sale of this parts) a11d1or service, tact� fq�l your advance approual of a revised estimate." Buyer shall not be entitled 'to recover from the selling } I . . �e c- have any questions, pleasbntect our service E dealer any consequential damages, damages to property manaI - f i I r. ger F "damages for loss of use, loss of profits, oraincome, or•any- ------ — j y 1 other incidental damages. - W - L 1. Customer is hereby notified that the said property is not in- 7. Said Dealer is authorized to deliver the vehicle described herein _.§ured"or rotected 6 the amount.of the .actual cash.value-..__ or-any of_its contents t, an P y y person presenting this receipt. r..: thereof, or-otherwise,'against loss occasioned by theft, fire or 8. In addition to any and alI,;other`le' remedies available, I -•vandalism while the property remains with the dealer. _ ._..... . __ - authorize Said Dealer to have`a :lien"on the vehicle%described -2. Customer states no articles of personal property have been left herein for all charges for repairs,:including laborand 'parts, in,:the-vehicle and dealer is not-responsible for inspection storage and/or towing, and toienfor`ce such lien, SaidiDealer is thereof. hereby expressly authorizedto sell said-vehicle at public auc-_ tion after giving a twenty (20) day-written notice 6y certified ,3 The dealer is 'not responsible for ;unavailability of parts or mail to the legal owner, registered,owner, and Department of. delays in parts shipment beyond dealer's`control. - Motor Vehicles of intent to do so..On the sale date, the vehicle '-4.-D_ue"to:the type of service requested some repairs must be sublet. shall be sold to the highest:`cash bidder and the proceeds of sale must be used first to satisfy the lien plus storage costs and 3. All charges for repairs including labor and materials furnished costs incident to sale,and the balance shall be forwarded-to the -'-are due and payable simultaneously with the delivery of the legal owner, or :if none, to the ;registered owner; ;or 'if the within described vehicle or prior to delivery upon the expiration address is unknown,it shall be�forwarded to the Department of of three (3). days after notice that the repairs have-been com- Motor Vehicles. pleted. Notice shall be deemed to'have been given upon the deposit in the United States mail, postage prepaid, of written Said expenses for sale'shall also include a reasonable attorney's notification to that effect addressed to the customer at the fee, which may be necessarily iricurred. I S. address given on the reverse 'side hereof. 9. If any such charges remain unpaid.for thirty (30) days after: 6. If the vehicle described herein is not called for within three (3) such request for payment, Said 'Dealer may also refer such f days-,after such notice is,given,.a storage charge of $5.00 per charges to its attorneys for collection-and the customer will pay a reasonable its, day will be made-for each day thereafter. attorney's fee. 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 warranty period, the warranty will not expire until the- def ect-=_has-been Jixed. The warranty :period will also: be_ extended if the warranty repairs have not been ,performed due to delays caused by 'ci'rcumstances�beyorid the f control of the buyer, or if the warranty repairs did not remedy the^defect and the buyer 3.:. _ _.__-__.._.__ - _._.._ notifies the manufacturer or`sellef of1he failure-of the -repairs within 60 days after they • , were completed. If,--after a reasonable number of attempts-, ,the defect has _not been 4ixed, the buyer may return -this roduct for--a-re laceme.nt or-a r6fuhd;subject, in either Y Y P.--. p � J _ case, to deduction' -of a reasonable,charge for usage.' Thin_ time.extension does not .affect the protections or remedies the-buyer has under otherl laws a } aA3)g x, 11 BOARD OF SUPERVISORS OF-COiBTRA COSTA OOMMs CALIFORNIA BOARD ACTION Claim Against the County, or bistriet ) IMIC TO q,pIKANT April 8, 1985 govenied by the Board of Supervisors, ) The copy of-thFa-dwument mailed to you is your Routing Endorsementa, 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: GEORGE MALANEY and ANN MALANEY County Counsel Attorney: Donald K. Bussiere, Esq. Address: Weinberg, Campbell & Stone MAR 1 2 1986 765 Bridgeway Martinez, CA 94553 Sausalito, CA 94965 By delivery to clerk on Amount: Sausalito, CERT P. 618 270 310 Date Received: March 11, 1986 By mail, postmarked on Parch 10 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 12 , 1986 PHIL BATCHELOR, Clerk, By Deputy nn Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. - ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). SIV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. X' ' Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: APR 0 $ 12Q5 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 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 DATED:to l h9f PHIL BATCHELOR, Clerk, By �-v`1r�' , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM 1 WEINBERG, CAMPBELL & STONE Including Professional Corporation , 2 765 Bridgeway Sausalito, California 94965 3 Telephone (415) 331-1517 4 Attorneys for Defendants and Cross-complainants GEORGE 5 MALANEY and ANN MALANEY 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 ALLSTATE INSURANCE COMPANY, NO. 280785 INC. , 11 Plaintiff, 12 CLAIM FOR COMPARATIVE vo INDEMNITY 13 DENNIS C. WOODRUFF, BECKY L. 14 WOODRUFF, GEORGE MALANEY, ANN MALANEY, ROBERT SHEETS, 15 and DOES I to XXX, inclusive, 16 Defendants. RECEIVEM 17 MAR 1( 1.386 18 GEORGE MALANEY and ANN MALANEY, 'PH((OAU-NELON ,Su ECK$0A?!f%0, 011 co RACOSI 19 Cross-complainants, LchICTI'l—NIS.193 20 ve 21 DENNIS WOODRUFF, BECKY WOODRUFF, ROBERT R. SHEETS, COUNTY OF CONTRA 22 COSTA, HAROLD BICKER, WANDA RICKERr ROBERT FLORESt FRANCIS FLORES, GENE 23 REINDL, WILLIAM and CLARA GILBERTr and ROES 1 through 50, inclusive, 24 Cross-defendants. 25 26 TO THE COUNTY OF CONTRA COSTA.- 27 1. CLAIMANTS 28 NAME : George Malaney and Ann Malaney 1 2. CLAIMANTS 626 La Paloma Road ADDRESS : E1 Sobrante, California 2 3. AMOUNT OF CLAIM: Contingent and unknown at this time; 3 claimants seek indemnity for damages claimed in Allstate v. Woodruff, Contra 4 Costa County Superior Court Action No. 280785 (see attached copy of Complaint) . 5 4. ADDRESS TO WHICH Donald R. Bussiere, Esq. 6 NOTICES ARE TO Weinberg, Campbell & Stone BE SENT: 765 Bridgeway 7 Sausalito, California 94965 8 5. DATE OF Complaint filed on December 30, 1985; OCCURRENCE: Complaint served on January 16, 1986; 9 Date of underlying incident/landslide (approximately) January 1, 1983. 10 6. PLACE OF At or near 4601 Driftwood Court, E1 11 OCCURRENCE: Sobrante, Contra Costa County, California. 12 7. NATURE OF Contra Costa County employees (building 13 OCCURRENCE : inspection department, grading techni- cians, etc. ) negligently supervised 14 placement of fill materials on subject properties; Contra Costa County negli- 15 gently maintained its drainage easement on and through subject properties ; 16 Contra Costa County allowed nuisance condition to exist on its drainage ease- 17 ment running through subject properties; improper maintenance of County' s drain- 18 age easement through subject properties constituted taking of property from 19 plaintiff' s insureds; the County' s acti- vities in this regard took place between 20 1976 and the present. 21 8. ITEMIZATION OF Claimants seek indemnity for loss and INJURIES AND damage allegedly suffered by plaintiff 22 DAMAGES : Allstate Insurance and its insureds, in the referenced litigation (see attached 23 copy of Complaint) allegedly resulting from landslide conditions on or near 24 property insured by plaintiff. Claim- ants do not presently know of the true 25 extent of any such damages, but are 26 27 28 2. 1 informed and believe that they are ap- proximately $17 , 140 . 66 (see attached 2 Complaint) 3 4 5 Dated: March 10, 1986 WEINBERG, CAMPBELL & STONE 6 By 8 DONALD R. BUSSIERE Attorneys for GEORGE 9 MALANEY and ANN MALANEY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. �aY ATTORNEY OR PARTY WITHOUT ATTORNEY(NAME: AND ADDRESS). 209) 521 IJIM81 1: FOR COURT USE ONLY CARDOZO, NICKERSON, MARTELLI , CURTIS AND ARATA 1130 12th Street, Suite G. P.O. Box 3030 _ Modesto, CA 95353 f DEC 3 d 1985 CTTORNEV FOR(NAME): dM- OLSSUft, yy erk CONTRA COSTA SUPERIOR COURT, STATE OF CALIFORNIA NTRA COSTA COUNTY CONTRA COSTA COUNTY COURTHOUSE P.O. Box 91 I AIIen�'.�r�h n{ r t i Boy Martinez, CA 94553 PLAINTIFF: ALLSTATE INSURANCE COMPANY, INC. )EFENDANT: Dennis C. Woodruff, Becky L. Woodruff, George Malaney, Ann Malaney, Robert Sheets 12 DOES 1TOXIXX Inclusive CASE NUMBER: COMPLAINT—Personal Injury, Property Damage, Wrongful Death E� (. r, =MOTOR VEHICLE [7C7,OTHER(specify): Premises i O 5 MProperty Damage Q Wrongful Death =Personal Injury = Other Damages(specify): 1. This pleading, including attachments and exhibits, consists of the following number of pages: 4 2. a. Each plaintiff named above is a competent adult Except plaintiff(name): Allstate Insurance Co. , Inc. PM corporation qualified to do business in California =an unincorporated entity(describe): =a public entity(describe): Q a minor Q an adult = for whom a guardian or conservator of the estate or a guardian ad lilem has been appointed Q other(specify): Q other(specify): [�Except plaintiff(name): =a corporation qualified to do business in California =an unincorporated entity(describe): Qa public entity(describe): Da minor =an adult Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): Q other(specify): b. Plaintiff(name): is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. c. [] Information about additional plaintiffs who are not competent adults Is shown In Complaint— Attachment 2c. (Continued) Form Approved by the Judicial Council of California Effective January 1, 1962 COM PLAINT—Persona l In rY, Property Damage, Rete 902.1(+) Wrongful Dealt crP a.75 12 21 SHORT TITLE: CASE NUMBER: ALLSTATE INSURANCE VS. Woodruff `1 (1 5 COMPLAINT—Personal Injury, Property Damage,Wrongful Death Page two 3. a. Each defendant named above is a natural person Q Except defendant(name): Q Except defendant(name): [�a business organization, form unknown • Q a business organization, form unknown �]a corporation Q a corporation (� an unincorporated entity(describe): Q an unincorporated entity(describe): Q a public entity(describe): Q a public entity(describe): Q other(specify): Q other(specify): , Q Except defendant(name): Q Except defendant(namo): [] a business organization, form unknown []a business organization, form unknown �] a corporation Q a corporation [� an unincorporated entity(describe): Q an unincorporated entity(doscribe): Q a public entity(desc(ibe): a public entity(describe): Q other(specify): Q other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintitf. c. Q Information about additional defer 4ants who are not natural persons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 3132 are(names): 4. Q Plaintiff is required to comply with a claims statute, and a. plaintiff has complied with applicable claims statutes, or b. plaintiff is excused from complying because(spdcdy): 5. This court is the proper court because at least one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. injury to person or damage to personal property occurred in its jurisdictional area. Q other(specify): 6. Q The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): (Continued) Page two SHORT ITLE: CASE NUMBER Al I state Insurance vs. Woodruff S COMPLAINT--Personal Injury,Property Damage, Wrongful Death(Continued) Page three 7. F-1 The damages claimed for wrongful death and the relationships of piaintift to the deceased are I--- listed in Complaint—Attachrrient 7 as follows: 7.5 At 4ii times herein mentionedii ';I�vin Narasaki was a named insured of plaintiff under a policy of insurance in full force',?nd effect issued by plaintiff under which plai.ntiff was obligated to and did make payments for the damages herein alleged'and plaintiff has become subrogated to all of the rights and entitled to all of the remedies of insured against defendants. 8. Plaintiff has suffered [--I wage loss CD loss of use of property =hospital and medical expenses []general damage M property damage in sum of $17,140.66 F-1 loss of earning capacity other damage(specify): 9. Relief sought in this complaint is within the jurisdiction of this court. 10 PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is fair, just, and equitable; and for Eicompensatory damages (Superior Court)according to proof. (Municipal and Justice Court) in the amount of$ other(specify). 11, The following Causes Of action are attached and the statements above apply to each: (Each complaint must have one or more causes of action attached.) Motor Vehicle General Negligence F-1 intentional Tort Products Liability Premises Liability Other(specify): EDGAR. K. HAYDEN., _JR. wo, (Type ot psiril name), Sig— Uri ft-or all a nai o plaintitforall y) COMPLAINT---Perbonai Injury, Pioporly Damage, Page Ohre* W!,onnful Death (( ciritiritied) CCP 425 12 r SHOHT TITLE: CASE NUMBER: ALLSTATE VS. WOODRUFF n ► ' (� r !' CJ J ' 1st CAUSE OF ACTION—Promises Llablilty Page 4 (number) ATTACHMENT TO ®Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) Prom.L-1. Plaintiff(name): Allstate InsVrance Co. , Inc alleges the acts of defendants were the legal(proximate)cause of damaqes to plaintiff. On (date): or about Jap 1 , 1983 plaintiff subrogor!s property at %01= (d¢s�rtlptiq ol�remises and circumstances of injury): DriftwooCCll LL 11 obrante in the above judicial district was damaged by landslide and conditions of drainage coming from defendants property above. plaintiff' s subrogors property, to wit: - -616 La Paloma, El Sobrante, California 94803 -626 La Paloma, E1 Sobrante, California 94803 - 15 McCormick Road, E1 Sobrante, California 94803 Prem.!_-2. La Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): ®Does 1 to XX Prem.L-3. Q Count Two—Wlilful Failure to Warn (Civil Code section 8461 The defendant owners who willfully or maliciously faiied to guard or warn against a dangerous condition, use, structure, or activity were (names): Q Does__ _to Plaintiff, a recreational user,was =an invited guest =a paying guest. Prem.L-4. Q Count Three—Dangerous Condiflon of Public Property The defendants who owned public property on which a dangerous condition existed were(names): Q Does to a• [, The defendant public entity had [---]actual =constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. [] The condition was created by employees of the defendant public entity. Prem.L-5. a. M Allegations about Other Delendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): M Does XX I to, XXX b. Q The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are Q described in attachment Prem.L-5.b Q as follows(names): Form Approved by the Jutliclal Council of Caitiornia Effect"J o 1,Maes . .&I rAI ISF nF ArTln@N--Pramlaes 1_Iablift CCP 425.12 ATM CLAIM BOARD OF SUPERVISORS OF QM RA COSTA COUNTY, CALIFORNIA and Ex-Officio as the Governing Board of Contra Costa County BOARD ACTION Consoldiated Fire District Anril 8, 1986 Claim Against the County, or District ) NOTICE TO CLAIMANT z. governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: ELIAZER REGINALD SAVAGE and SUSAN SAVAGE Attorney: Burnhill, Morehouse, Burford, Schofield & Schiller MAR 12 1986 Attn: Alice M. Peiler Martinez, CA 94553 Address: P. O. Box 5168 Walnut Creek, CA 94596 Amount: Unspecified By delivery to clerk on CERT P 484 812 920 , Date Received: March 11, 1986 By mail, postmarked on March 10, 1986 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: Marr h 12 1 qRh PHIL BATCHELOR, Clerk, By o Deputy Ann ervelli 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: 7 Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By C� .f+� :�� , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter., If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to prTv! -t t a late claim was mailed DATED;to CAPR aima1119M PHIL BATCHELOR, Clerk, �T��- Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM 1 LAW OFFICES BURNHILL, MOREHOUSE, BURFORD, SCHOFIELD & SCHILLER A PROFESSIONAL CORPORATION March 10, 1986 CERTIFIED MAIL Honorable Board of Supervisors County of Contra Costa 651 Pine Street Martinez, CA 94553 Res Claim for Damages Claimants: Eliazer Reginald Savage and Susan Savage Gentlemen: Enclosed please find Claim for Damages which we submit to the Contra Costa County Consolidated Fire District on behalf of Eliazer Reginald Savage and Susan Savage. Please return to us a "filed" copy of this claim in the enclosed stamped, self-addressed envelope. Very truly yours, 'u're C 'h2 ALICE M. PEILER Attorney for Eliazer Reginald Savage and Susan Savage AMP/ja Enclosures FECEIVED 14AR it 1986 P !t BATCH OR CLERK AF.nOf P-ims0R5 B C TRA Co 9. O 1220 OAKLAND BOULEVARD, P.O. BOX 5168•WALNUT CREEK, CALIFORNIA 94596•(415) 937-4950 CLAIM FOR DAMAGES TO: HONORABLE BOARD OF SUPERVISORS OF COUNTY OF CONTRA COSTA Claimants ELIAZER REGINALD SAVAGE and SUSAN SAVAGE hereby make claim against the CONTRA COSTA COUNTY CONSOLIDATED FIRE DISTRICT for all damages sustained as a result of this claim, in an amount as yet unknown and make the following statements in support of this claim: 1. Claimants' post office address is 1521 Hillgrade Avenue, Walnut Creek, CA 94595. 2. Notices concerning this claim should be sent to Burnhill, Morehouse, Burford, Schofield & Schiller, Attention: Alice M. Peiler, P. O. Box 5168, Walnut Creek, CA 94596. 3. The date giving rise to this claim is December 5, 1985. 4. The locating giving rise to this claim is Walnut Creek Presbyterian Church, 1720 Oakland Boulevard, Walnut Creek, CA 94596. 5. The circumstances giving rise to this claim are as follows: On December 5, 1985, claimant ELIAZER REGINALD SAVAGE was engaged in post-fire cleanup of the premises of Walnut Creek , Presbyterian Church when a step in a damaged staircase gave way as he stepped on it, causing claimant ELIAZER REGINALD SAVAGE to sustain severe and serious injuries, and all claimants have been damaged thereby. At the time of this accident, firemen from the Walnut Creek Fire Department, including the Fire Chief were still on the premises overseeing the post-fire activities. 6. Claimant ELIAZER REGINALD SAVAGE's injuries include, but are not limited to severe injury to his right leg and knee. 7. The names of the public employees causing damages to claimants are currently unascertained. 8. As of this date, claimants are unable to determine the value of this claim. Dated: March 10, 1986 BURNHILL, MOREHOUSE, BURFORD# SCHOFIELD & SCHILLER, INC. RECEIVED MAR II 1966By - z ;� ALICE M. PEILER P IL SATCHE.1 OR LERK Of SU?" SORS C r kr.CO:T 8" Deputy CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COf1M CALIFORNIA BOARD ACTION An r!I 8, .- Claim Against the County, or bistrict ) NOTICE TO CLAIP T governed by the Board of Supervisors, ) The oopy of -this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Gloria Jeanne King Attorney: Blackie Burak County Counsel 2255 Contra Costa Blvd. ,Ste. 207 MAR 31 1986 Address: Pleasant Hill, CA 94523 Amount: $100, 000. 00 By delivery to clerk on Martinez, CA 94b53 Date Received: March 28, 1986 By mail, postmarked on r.7a rc h 2 6, 1g R 6 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- II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Chseck only"complies one) 0This^cYa'Tm 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: 77T,_ By: G,t.',( 7 ,1 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 claim4is 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: 8 1986 PHIL BATCHELOR, Clerk, By&4 L wtv_-k, , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice Was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to ent a late claim was mailed to claimant. DATED: APR 111986 PHIL BATCHELOR, Clerk, By �T"t� wv1^� , Deputy Clerk cc: County Administrator (2) County Counsel (1) r . LAW OFFICES OF 2255 CONTRA COSTA BLVD.,SUITE 207, PLEASANT HILL,CA.94529 (415)827-9990 BLACKIE BURAK CERTIFIED SPECIALIST IN CRIMINAL LAW March 26 , 1986 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street , Rm. 106 Martinez , CA 94553 Re: Claim of Gloria Jeanne King against County of Contra Costa Dear Sir or Madam: I represent Ms . Gloria Jeanne King relative to the above referenced claim. Enclosed please find an original and one copy of an Amended Claim for Personal Injuries . Please stamp the copy "received" and return that copy to me in the envelope provided. You may wish to refer this matter to your insurance carrier for further handling. Vt my yours , kieBurak BB:ac Encl: As Stated In Re the Matter of: AMENDED CLAIM FOR PERSONAL INJURIES GLORIA JEANNE KING TO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY: 1. You are hereby notified that Gloria Jeanne King, whose address is 125 Near Court , #313 , Walnut Creek, California, claims from Contra Costa County the sum of $100 , 000 .00 for personal injuries inflicted by employees of Contra Costa County. 2 . This Claim is based on injuries sustained by claimant while in custody at the County Jail in Martinez on or about December 31, 1985 and for intentional infliction of emotional distress in said custody and following her release from custody. 3 . To the best of claimant ' s knowledge, the public employees who caused her injuries are Deputy Sheriff T. Coronia and Deputy Sizemore , both of the Contra Costa Sheriff ' s Department . 4 . The injuries sustained by claimant to date consist of head and back trauma and multiple contusions as well as emotional distress . The amount of claimant ' s medical bills are unknown at this time. 5 . All notices and communication with regard to this claim should be sent to Blackie Burak, Attorney at Law, 2255 Contra Costa Blvd. , Suite 207, Pleasant Hill, California 94523; (415)827-999 Dated: 3 Backie Burak REC�i, VED Attorney at Law (f AR z1 i PHIL E!ATCHELOR LL�VQV-13. ERK 80ARD OF SUPERVISORS TA Deputy I , 1 PROOF OF SERVICE BI► MAII: (CCP 1013a , 2015 . 5) 2 3 ,I The undersigned declares as .follows : 4 I am employed in the County of Contra Costa , California . 5 - I am over the age of eighteen years and not a party to 6 ! the within entitled cause. 7 II My business address is 2255 Contra Costa Boulevard, 8 ii Suite 207 , Pleasant Hill , California 94523 . 9 ' I further declare that on the date set forth below, I 10 served the documents described below by placing a true copy 11 i thereof enclosed in a sealed envelope with postage thereon 12 I fully prepaid in the United States mail at Pleasant Hill , i 13 California. 14 DESCRIPTION OF DOCUMENTS SERVED 15 A endedClaim of Gloria Jeanne King against County of Contra Costa 16 17 18 NAME AND ADDRESS OF PERSON SERVED, AS SHOWN ON SEALED AND DEPOSITED ENVELOPE : 19 Clerk of the Board of Supervisors 20 County of Contra Costa 651 Pine Street , Rm. 106 21 Martinez , CA 94553 22 23 24 DATE OF MAILING: 3/26 1986 . 25 I declare under penalty of perjury that the foregoing is true and correct and this declaration was executed at 26 Pleasant Hill , California , on 3/26 198 6. 27 28 Amy S. Cote - (Type or print name) (Signa e) f ADMENDED CL A3X BOARD OF MWVISQRS OF 05M COSTA tXDt7i+1't't. CALIFOItl�LA BOARD ACTION Claim Against the County, or District ) WMCE To CLAIMAWT April 8, 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 923 and 915.4. Please note all "Warnings". Claimant: Robert L. Kelley and Maxine Kelley Attorney: James, P. Slater II Haims , Johnson, McaGowan & McInerney Address: 490 Grand Avenue Oakland, CA 946.10 Transmittal Amount: See paragraph 4 of letter.'BY delivery to clerk on March 33, 1986 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. 01 Dated: _April 1, 1986 PHIL BATCHELOR, Clerk, By NADeputy a KnoT es II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) {�{) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially With Sections 910 and 910.2, and We are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it Was filed late and send Warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 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 91.1.3). IV. HOARD ORDER By unanimous vote of Supervisors present ao W141"dca- ( ) This claimkis rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for date. Dated: APR 0 8 Wd PHIL BATCHELOR, Clerk, BY LaL, uti Ut ��c,_ , : Deputy Clerk WARNM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice Was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: �1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to pp,%eaent a late claim Was mailed toaimant. DATED:_Aft 11586 PHIL BATCHELOR, Clerk, ey �,�4 � , Deputy Clerk c:c: County Administrator (2) - County Counsel (1) HALMS,'JOHNS0 MacCOWAN 0 McINERNEY ARNOLD 6. HAIMS ATTORNEYS AT LAW GARY R.JOHNSON CLYDE L.MACGOWAN 490 GRAND AVENUE THOMAS MCINERNEY JA!4ES P. SLATER II OAKLAND. CALIFORNIA 94610 TELEPHONE LAWRENCE A.BAKER RANDY M. MARMOR (415) 835-0500 PAUL D. HILES FRECEIVED CLIFFORD CAMPBELLMARC P.BOURET JOHN K.KIRBY ROBERT J.FRASSETTO SETH J.SCHWARTZWILLIAM B.WATERMAN - BETH M.ALONSO ROBERT L.SALLANDER.JR. CAROLINE N. VALENTINO PHIL BATCHELOR CLERK UOAR OF SUPERVISORS ONTR OSTA CO uty March 26, 1 unto Counsel MAR 2 t 1986 Martinez, CA 94553 Vicki F. Finucane , Esq. Deputy County Counsel, Contra Costa County County Administration Building P. O. Box 69 Martinez , CA 94553 Re: Walker v. Woodard, et al. Kelley v. Walker, County of Contra Costa, et al. Contra Costa County .Superior Court No. 282786 Dear Ms. Finucane: This letter will supply supplementary information, in connection with the governmental claim we served on March 11 , 1986. Your letter or Notice of Insufficiency and/or Non-Acceptance of Claim is vague and almost incomprehensible. In reply to your question or Item 3, we set forth the circumstances relating to the accrual or claim in our claim filed with the County of Contra Costa, and we even attached a copy of the police report identifying the location of this automobile accident. In reply to Question 5 or Item 5 , we do not know the amount of our indemnity claim, at this time. Plaintiff Walkers' lawsuit is just beginning. In reply to your Question 7 or Item 7, my client, Robert Kelley owned a vehicle driven by Mr. Samnath. Kelley' s vehicle sustained property damage in this incident of approximately $4,600. Vicki J. ,Finucane, Esq.- 'Walk6r v. Woodard, et al. Page 2 Pursuant to your request, enclosed please find a copy of plaintiffs' complaint which was served on my client Kelley on or about March 12, 1986. If you have any questions, please telephone or write us. V y truly yours, HA MS, J ON, ac-GOWAN & McINERNEY J S P. SLATER II JPS:kh Enclosure FOR COURT USE ONLY `NOTICE.TO DEFENDANT. (Aviso a Acusado) t t. 13010 PARA t/1401 Of 14 CORTI1 STEVEN A. WOODARD, BERNARDION S. ROJAS, BALCHANDRA SAMNATH, ROBERT L. KELLEY AND .DOES 1 to 75 YOU ARE BEING SUED BY PLAINTIFF: (A Ud. le esta demandando) HARVEY LEE WALKER, REGINA WALKER, KIMBERLY WALKER, a minor., KENDRA WALKER, a minor, by and through their Guardian Ad Litem HARVEY LEE WALKER. You have 30 CALENDAR DAYS after this sum- Dlespu6s de que le entreguen esta rilachin judicial usted mons is served bn you to file a typewritten re- liene un plazo de 30 DIAS CALENDARICIS para presentar sponse at this court., una respuesta escrita a rn.iquina en esta torte. A letter or phone call will not protect you; your Una carta o una liarnada lelef6nica no le ofreceri; typewritten response must be in proper legal protecci6n; su respuesla escrita a miquina fiene que form if you want the court to hear your case. curnplir con las formalidades legales apropiadas si usted If you do not file your response on time,you may quiere que la torte escuche su caso. lose the case, and your wages, money and pro- Si usted no presenta su respuesta a (ienipo, puede perder perty may be taken without further warning from , el caso, y le put-den quitar su salario,su dinero y olras cosas the court. de su propiedid sin aviso adicional por parte de [a come. There are other legal requirements. You may Existen otros requisilos legales. Puede que usted quiera want to call an attorney right away. If you do not hamar a un abogado inmedia(amente. Si no conoce a un know an attorney, you may call an attorney refer- abogado, puede hamar a un servicio de referencia de ral service or a legal aid office(listed in the phone abogados o a una oficina de ayuda legal(vej el diredorio book). (cleftinico). CASE NUMBER, iNumem del C wo The name and address of the court is: (El nombre y direcci6n de la torte es) Superior Court County of Contra Costa P.O.Box 911 Martinez , CA The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nornbre, /a direcci6n y el n6mero de tel,6fono del abogado del demandante, o del demandants que no tiene abogado, es) LAURENCE F. PADWAY PADWAY & PADWAY, A Professional Corporation 515 Sixteenth Street Oakland, CA 94612 (415) 465-1910 J.R. G.L C'. DATE: Clerk, by (recha, F E B 1 (Actuartol (0clegadol NOTICE TO THE PERSON SERVED: You are served i. as an individual defendant. ZTE—D as the person sued under the fictitious name of tApecify): 3, =- on behalf of (specify): under: = CCP 416-10 (corporation) CCP 416.60 (minor) ='CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnershipt 0 CCP 416.90 (individual) other: 4. by personal delivery on (date): Form Adopted bV Rule 982 (See reverse for Proof of Service) a. � summons U complaint amended summons U amended complaint F -I cn repleted and blank Case Questionnaires >' Q Other (specify): b. on defendant (name): c. by serving Q 'defendant other (name and title or relationship to person served): d. Q by delivery Q at home 0 at business (1) date: (2) time: (3) address: e. Q by mailing (1) date: (2) place: 2. Manner of service (check proper box): a. Personal service. By personally delivering copies. (CCP 415.10) b. 0 Substituted service on corporation,unincorporated association (including partnership). or public entity. By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing(by first-class mail,postage prepaid)copies to the person served at the place where the copies were left. (CCP 415.20(a)) C. Q Substituted service on natural person, minor, conservatee, or candidate. By leaving copses at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of the office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left.(CCP 415.20(b)) fAttech separate declaration or affidavit stating acts relied on to establish reasonable diligence in first attempting personal service.) d. Mail and acknowledgment service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person served,together with two copies of the form of notice and acknowledgment and a return envelope,postage prepaid, addressed to the sender. (CCP 415.30) (Attach completed acknowledgment of receipt.) e. Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid, requiring a return receipt)copies to the person served.(CCP 415.40) (Attach signed return receipt or other evidence of actual delivery to the person served.) f. Other (specify code section): 0 additional page is attached. 3. The "Notice to the Person Served" (on the summons) was completed as follows (CCP 412.30, 415.10, and 474): a. as an individual defendant. b. as the person sued under the fictitious name of (specify): C. 0 on behalf of (specify): under: 0 CCP 416.10 (corporation) CCP 416.60 (minor? 0 other: [� CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) 0 CCP 416.40 (association or partnership) 0 CCP 416.90 (individual) d. = by personal delivery on (date): 4. At the time of service I was at least 18 years of age and not a party to this action. 5. Fee for service: S 6. Person serving: a. 0 California sheriff, marshal, or constable. f. Name,address and telephone number and,if applicable, b. Registered California process server. county of registration and number; c. Employee or independent contractor of a registered California process server. d. 0 Not a registered California process server. e. u Exempt from registration under Bus. & Prof. Code 22350(b). I declare under penalty of periury under the laws of the State (For California sheriff, marshal, or constable use only) of California that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date: fStGNATUREI ISIGNArURE) 9821e}t9S(Rev.Jenuary 1. 19841 "PADWAY & PADWAY A Profe`ss,ional Corporation 515 Sixteenth Street Oakland ATTORNEY FCF((N MAI . 94612 Plaintiffs Insert name of court,judicial district or branch court,if any,and post office and street address: Superior Court - County of Contra Costa P.O. Box 911 v Martinez , CA FEB 19 1986 1.R J!Jd411.Jt Vf l C;i rk PLAINTIFF'HARVEY LEE WALKER, REGINA WALKER, KIMBERLY WALKER,' a minor, KENDRA WALKER, a minor, by and through their Guardian Ad Litem HARVEY LEE WALKER, DEFENDANT: STEVEN A. WOODARD, BERNARDION S. ROJAS, BALCHANDRA SAMNATH, ROBERT L. KELLEY i tMDOES 1 TO 75 CASE NUMBER- COMPLAINT—Personal Injury, Property Damage, Wrongful Death t U MOTOR VEHICLE =OTHER(specify): %SZ 2 J RRProperty Damage =Wrongful Death ®Personal Injury Q Other Damages(specify): 1. This pleading, including attachments and exhibits, consists of the following number of pages: 4-- ' 2. a. Each plaintiff named above is a competent adult ' " Except plaintiff(name): Kimberly Walker =a corporation qualified to do business in California Q an unincorporated entity(describe): =a public entity(describe): 1 ®a minor Q an adult for whom a guardian or conservator of the estate or a guardian ad litem has been appointed other(specify): =other(specify): ®Except plaintiff(name): Kendra Walker =a corporation qualified to do business inlCalifornia =an unincorporated entity(describe): =a public entity(describe): x©a minor =an adult ®for whom a guardian or conservator;of the estate or a guardian ad litem has been appointed Q other(specify): i =other(specify): b. Q Plaintiff(name): is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. c. = Information about additional plaintiffs who are not competent adults is shown in Complaint— Attachment 2c. ,(Continued) Form Approved by the Judicial Council of California COMPLAINT—Personal Injury, Property Damage, Effective January 1, 1982 Rule 982.1(1) Wmninlul De;;fh rca 425+2 I I i \ SHORT TJTLE: CASE NUMaM HARVEY LEE WALKER V. STEVEN A. WOODARD, . COM PLAINT—Personal Injury, Property Damage, Wrongful Death Page*wo 3. a. Each defendant named above is=natural person ' L_] Except defendant fnameV: [—lExcept defendant . an,o/ ' [—labusin�ss organization, form unknown [_]abusiness organization, form unknown / . L_]aco,po,u|inn ' ` �-lacorpnrution L_Jwnunincorporated entity(doxcnbe): anunincorporated entity(dwsunba): L_] epublic entity(denonba) F—lapublic entity(geucribe): ! ' other(specify): other(specify): , [_] Except defendant(name): [_]E"ce�tde, nd�n�(name): � � ei [_] abusiness organization, form unknown [_]mbusiness organization, form unknown acu'po,ation aoo,po,ohn" / L_] mnunincorporated entity(dexoribe): [_]anunincorporated entity(dexnvbe): / F—lapublic entity(dexo"be): . opublic entity(deoc^8he): � ` other(specify): [_]nthnr(m000ify).� ' ' == b. The true names and capacities of defendants sued as Does are unknown to plaintiff. r . c. Information about additional defendun|owho are not natural persons iscontained inComplaint— Attachment 3c. ' d. L_/ Defendants who are joined pursuant\pCode oyCivil Procedure section 382 are(names): . . / ` 4.. Plaintiff isrequired vocomply with aclaims gumue. and � a. [_] plaintiff has complied with applicable claims gnxxes. pr ' b. plaintiff ioexcused from complying because(spocif0: , \ ` \ \ \ 5 This court isthe proper court because [_] atleast one defendant now resides inits jurisdictional area. the principal place u( business cf acorporation n, unincorporated association ishnits jurisdictional area. '»iu,y toperson ordan/mgo to personal property-occurred in its iu,isdochona|area. [_] other(specoy) ' - G. The following paragraphs ofthis complaint are alleged oninformation and belief(specify paragraph numbers).- (Continued) p"netwo t;UMNLAINT—Personal Injury,.Property Damage, Wrongful Death (Continued) Page three 7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are []listed in Complaint—Attachment 7 =as follows: 8. Plaintiff has suffered ®wage loss ®loss of use of property ®hospital and medical expenses ®general damage ®property damage ®loss of earning capacity Q other damage(specify): 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is fair,just, and equitable; and for Q compensatory damages ](Superior Court) according to proof. 0(Municipal and Justice Court) in the amount of $ Q other(specify): r 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have one or more causes of action attached.) ©X Motor Vehicle [�General Negligence _ Q Intentional Tort [�Products Liability Premises Liability Q Other(specify): E i LAURENCE F. PADWAY . . . . . . . . . . . . . . . . . . . . . . (Type or print name) (Signature o(Qainhtt or attorney) COMPLAINT-Personal Injury, Property Damage, Page three Rule 982.1(1)(cont'd) Wrongful Death(Continued) CCP els 12 ` i ''ra.:}�:.,.;.Y: .}1'n J,a��1►s��.'�' q+Nr t�' ��!�y� ,ate-1 a 57: a sr.. "S 'I•s'a.� a j , - t,; ,� ..� �, •-` r. n::►:�Sf:!�• ♦ .• s... .). � •.i.� .�•ri..:���a�. ' [' 1. rSRST CAUSE OF ACTION-w-Mator Vehicle Page 4 (number} 'ATTACHMENT TO ®Complain F—ICross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff(name): Harvey Lee -Walker, Regina Walker, Kimberly Walker and Kendra Walker , MV-1.. Plaintiff alleges I'fie acts of defendants were negligent; the acts were the'legal (proximate) cause of injuries and'damages to plaintill; the acts occurred on (date): December 15 , 1985 at(place): State Route. 4 at West Pittsburgh exit and willow Pass Road, Port Chicago, California MV-2. DEFENDANTS a. FFJ The defendants who operated a motor vehicle are(names): Steven A. Woodard, Bernardion S. Rojas, Balchandra Samnath MDoes to__75 b. Q The defendants who employed the persons who operated a motor vehicle in the Course of their employment are(names): Does to c. The defendants who owned the motor vehicle which was operated with their permission are(names): Robert L. Kelley &] Does _._J___._._ to 75_ d. Q The defendants who entrusted the motor vehicle are(names): 1�1 Does to e. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): Does to 1. The defendants who are liable to pliintills for other reasons and the reasons for the liability are listed in Attachment MV-2f F-I as follows: Does to r11-Arw(,ved by It," Jud,c,al Cnunc4 of CaTilomilk Elfeci,�e jan,jary 1. 1902 nule 982.1(2) CAUSE OF ACTION—Motor Vehicle 17 BOARD'OF SUPERVISORS OF C�ON�TRA OOSTA Comm. CALIP'OAZTIA BOARD ACTION Claim Against the County, or District } NICE 10 CL AUNT April 8, 19$'6 governed by the Board of Supervisors, } The copy of We document mailed to you is your Routing Endorsements, and Board } notice of the action taken on your claim by the Action. All Section references are } Beard of Supervisors (Paragraph W. below), to California Government Codes } given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: ROBERT L. KELLEY and MAXINE KELLEY County Counsel Attorney: Haims, Johnson, Mac Gowan & McInerney MAR 12 1986 Address: 490 Grand Avenue Oakland, CA 94610 Martinez, CA 94553 Amount: Attn: James P. Slater IIily delivery to clerk on Indemnity Unspecified Date Received: March 12, 1986 By mail, postmarked on Mar ch 11 19 8 6 _ I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 12, 19 8 6 PHIL BATCHELOR, Clerk, By 0,14 pil Deputy n Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. (�4) This claim FAILS to comply substantially with Sections 910 and 910.2, and are are so notifying claimant. The Board cannot act for 15 days (Section 910.$). { } Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: c.-,u t�CGc%t �� Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911,3). IV. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its mina I N s for this date. Dated: $ laaL.PHIL BATCHELOR, Clerk, BY p�: ,� Yy 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. FRGM: 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 11 19 6�_ L B aiELDR, Clerk, � t �._. 4—'�XNAU-? DeB��eC�.,._._. PAY Clerk cc: County Administrator {2} County Counsel (1) CLAIM i I JAMES P. SLATER II, ESQ. 2 HAIMS, JOHNSON, MacGOWAN & McINERNEY 490 Grand Avenue . 3 Oakland, California 94610 Telephone: (415) 835-0500 4 Attorneys for Defendant and 5 Cross-complainant ROBERT L. KELLEY 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 HARVEY LEE WALKER, et al. , 11 Plaintiffs, NO. 282786 12 V. CLAIM AGAINST STATE OF 13 CALIFORNIA AND COUNTY STEVEN A. WOODARD, et al. , OF CONTRA COSTA 14 Defendants. 15 / 16 RICHARD L. KELLEY, 17 Cross-complainant, 18 V. 19 STEVEN A. WOODARD, BERNARDION S. ROJAS, BALCHANDRA SAMNATH, 20 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, and ROES 1-100 , 21 inclusive, 22 Cross-defendants. 23 TO: STATE OF CALIFORNIA, BOARD OF CONTROL 24 COUNTY OF CONTRA COSTA 25 CLAIMANTS' NAME: Robert L. Kelley RECEIVv"% Maxine Kelley. MAR ', 26 27 F 6ATCMEIOR^ Er;K a .. or-su R OR5 cc 1 k.t051 a 28 HAIMS.JOHNSON, MacGOWAN T MdNERNEY ATTORNEYS AT LAW 490 GRAND AVENUE OAKLAND,CALIFORNIA 94610 (415)835-0500 1 CLAIMANTS' ADDRESS TO WHICH NOTICES ARE TO BE SENT: 2 c/o HAIMS, JOHNSON, MacGOWAN & McINERNEY 3 490 Grand Avenue Oakland, CA 94610 4 ATTN: JAMES P. SLATER II (415) 835-0500 5 NATURE OF CLAIM: Complaint for property damage and 6 personal injury. 7 PLACE OF CLAIM: Highway 4 , near Willow Pass Road interchange, near Pittsburg, California 8 (see Exhibit "A" p. 1 of the CHP police report) . 9 DATE OF ACCIDENT: December 15 , 1985. 10 SERVICE OF COMPLAINT 11 ON KELLEY No service yet; however, plaintiffs ' complaint filed February 19 , 1986. 12 CIRCUMSTANCES RELATING 13 TO ACCRUAL OR CLAIM Said governmental entities own, control, maintain, inspected, planned, improved, 14 constructed, or otherwise controlled the highway, roadways, approaches , or 15 condition of the land where the accident occurred. This freeway interchange was 16 a dangerous condition. Further, there was an absent of streetlights or 17 reflectors in this area. On information and belief, there have been prior 18 accidents at this location. 19 ITEMIZATION OF DAMAGES: Cross-complaint for indemnity, apportionment of fault, declaratory 20 relief, and property damages. 21 DATED: � ��, 1986 22 HAIM JOHNSON, MacGOWAN & McINERNEY 23 24 By: _ JAMyq P. SLATER II 25 Att net's for Claimants Rob t L. Kelley and Maxine Kelley 26 27 26 HAIMS.JOHNSON, MaGOWAN T MdNERNEY ATTORNEYS AT LAW 490 GRAND AVENUE 2. OAKLAND.CALIFORNIA 94810 (415)835-0500 TRAFFIC GCLLISION.REPORTew - - -- _ a #►,Ke N-__M� 'wo.rw[D w 4 w clTv-T' yµ _^ _ JV p+C1aL prtT wlC♦ NUMwfw �'1 t A., AA T) y , w+a L[O+ w 8 w ta�.NT wl ro.T•.c orsrwl<T *fw /2—11��..� 3 Mrto (/ a 1 7-1. j1 n,a»•oN occuwwco oN nw. "w "Ma 12.0.1 «C.0 NUMfiw [. r.D. o ,5.. 12.....-.. 1.._.. ,:_'U................. __......_ ± # IDIWIC -Ll I ..ILr•OR♦IM.OwMa�IpM 2 rpIAL OR Ow AW• *V.Ti w.wMMJRY waLATaD IafT �'•�j p. 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YwIDw Lam)tOfwL a,Aa• _.---•—_�:_,�L C__Yr?�-- s�--��— i — -— j ••a+����. �U I 1 �`tIL�..T�"• t r. OPI 042 .................. r 1 PROOF OF SERVICE BY MAIL (CCP §1013a-2015) 2 I am a citizen of the United States, a resident of the 3 County of Alameda, over the age of 18 years and not a party to 4 the within action; my business address is in care of Haims, 5 Johnson, MacGowan & McInerney, 490 Grand Avenue, Oakland, 6 California 94610. On March /l , 1986 , I served the attached 7 CLAIM AGAINST STATE OF CALIFORNIA AND COUNTY OF CONTRA COSTA 8 on the parties to said action by placing a true copy thereof in a 9 sealed envelope with postage thereon, fully prepaid, in the 10 United States mail at Oakland, California, addressed as follows: 11 State of California 12 State Board of Control 926 J Street, Suite 316 13 Sacramento, CA 95814 14 Contra Costa County Board of Supervisors 15 651 Pine Street Martinez , CA 94553 16 I declare under penalty of perjury that the foregoing is 17 true and correct. Executed at Oakland, California on March 18 1986. 19 / 20 21 , KIMBERLY HELD 22 23 24 25 26 27 28 HAIMS.JOHNSON, M&GOWAN W MdNERNEY ATTORNEYS AT LAW 490 GRAND AVENUE OAKLAND.CALIFORNIA 94610 (415)835-0500