HomeMy WebLinkAboutMINUTES - 06241986 - 1.15 (2) r:
ROBERT T. FLINT, Ph.D.
Licensed Psychologist
985 Dloraga Road, Suite 201
Lafayette, CA 94549
(415) 283-6362
3 June 1986
Frank M. Brass, Esq.
465 California Street, Suite 400
San Francisco, Ca. 94104
Re: Elizabeth Johnson
Dear Mr. Brass:
I initiated a psychological evaluation of Ms. Johnson on this date, at your
request. As Ms. Johnson's history is-quite complex, I have not yet
completed the total evaluation, and will be seeing her again, in the near
future, to complete her history.
Ms. Johnson generated a highly abnormal MMPI . I have not had time to
analyze it in detail. However, a cursory inspection of the results
indicates that`• she is in great psychological distress, and probably
displays symptoms of anxiety, depression, and confusion.
The history that I have elicited thus far is more than adequate for me to
determine that she is temporarily and totally disabled from her usual and
customary occupation. Her disability is the direct result of the conditions
of her employment, and the abuse and harassment, both physical and
emotional, that she suffered at the hands of her supervisor, Mr. Nick
Gonzales.
Ms. Johnson has a tragic history of being abused as a child. Her
grandfather sexually molested her on many occasions., and her mother
physically battered her. It is not excessive to describe her mother's
treatment of her as torture.
Ms. Johnson also has a history of a variety of psychogenic physical
problems from early adolescence. Moreover, her history of interpersonal
relationships has been chaotic and unsatisfying.
Her work history, however, especially while with the Neighborhood Youth
Corps, has been one of productivity and achievement. While my preliminary
evaluation suggests that the Axis II diagnosis given her at the Walnut
Creek Psychiatric Hospital, in 1984, "Dependent Personality Disorder" is
probably accurate, there is no evidence that this disorder has
significantly interfered with her work in the past.
Ms. Johnson describes a history of constant and escalating sexual
harassment and physical abuse from Mr. Gonzales. She relates that he
regularly insisted on her listening to his vivid and explicit descriptions
of his sexual activities with other women, and then embarrassing and
humiliating her by questioning her about her own sexual preferences.
Robcrt T. Flint, Ph.D. and Gavla Kuibcl, Ph.D., Psychologists, A Professional Corporation
Frank H. Brass, Esq. Re: Elizabeth Johnson +
6 June 1986
Page 2
He repeatedly said such things to her as, "Why don't you give me a blow
job?, " and, "Why don't you take me home and screw my brains out?" He
commonly squeezed her buttocks and breasts when he passed her in the
office.
In late spring or early summer, 1984, he publicly assaulted her. He struck
her, forehand and back, across the face.
In June, 1985, a heavy desk at which she was seated gave way, and injured
both of her knees. A physician at John Muir Hospital sent her home with
instructions to remain off work for a week, to keep her legs elevated, and
to apply ice to her knees.
Mr. Gonzales came to her apartment the evening of her injury. He "reeked of
alcohol," was staggering, and displayed slurred speech. When her daughter
answered the door, Mr. Gonzales flung the door open so forcefully as to
strike the child with it. He demanded of Ms. Johnson, "What the fuck are
you doing?"
As he was too large to fit into Ms. Johnson's chair, he lay on the floor.
He drank half a bottle of vodka that he appropriated from her kitchen.
Shortly after he arrived, Mr. Gonzales "karate chopped" her knees. This
caused her so much pain that she screamed. Mr. Gonzales said, "I wanted to
make sure you were really hurt."
FollDwing this action, he heaped contumely on her. He told her that no one
loved her, that her mother and father had not loved her, that no one at
work liked her, that she was no good at her job, and that she was
worthless. He then rubbed her leg, and "soaking with sweat and reeking of
vodka, this 500-pound blob leaned over and demanded that I kiss him."
When she refused his demand, he resumed his flow of invective. She
describes thereupon "going blank" in terms that suggest she withdrew into a
fugue state. This represents a major reaction to stress.
Ms. Johnson's daughter came into the room often during this scene, drawn by
Mr. Gonzales ' loud voice and her mother's sobs. Ms. Johnson had to
reassure her repeatedly that she was all right, and to send the girl back
to her room.
As Mr. Gonzales left, he said, "You'd better never tell anyone, or try to
put me under, because you won't win." He added, "I'll get you." He left,
after saying repeatedly, "Don't ever tell anyone."
The abusive behavior, and especially the specific words said by Mr.
Gonzales, caused Ms. Johnson to have a flashback to the torment that she
suffered at the hands of her mother and her grandfather. The words, "Don't
ever tell anyone," were particularly loaded, as she was commonly told thle
after being abused.
F
Frank M. Brass, Esq. Re: Elizabeth Johnson
6 June 1986
Page 3
She "fell apart," after he left. She says, "I wanted to die right then."
She was weeping and distraught for a couple of days after he left, but has
little memory of that time. Most of her memory is really her recitation of
what she was told by her daughter.
The final act of harassment and abuse occurred on March 21, 1986. Ms.
Johnson had suffered an allergic reaction the night before, and had taken
antihistamines. The medication produced a sedative effect, and she
overslept.
At about 10:00 a.m. , she was wakened by a pounding on her door. She looked
through the peephole, and saw Mr. Gonzales "walking up and down in the
hall, looking like he could kill." He banged on the door many more times,
but she was too frightened to answer the door. "He looked like he'd kill
me if I opened the door."
He later telephoned her to demand that she come to work. When she said she
was sick, he responded, "Bullshit, get your ass in When she
remonstrated with him, he repeated, "I don't give a fuck, get your ass in
here, you have placements to take care of."
He said that he had talked to the funding agency, and that she had to have
certain papers there by that afternoon. When she later called the funding
agency, she was told that Mr. Gonzales had not talked to anyone there.
As Ms. Johnson knew it was Mr. Gonzales' practice to leave the office in
mid-afternoon, she waited until she was sure he would not be there before
going to work. She completed the assigned task, and made sure that it was
delivered to the appropriate parties. She was so frightened and upset by
the incident that she never returned to work,
Ms: Johnson feels that the worst result of this harassment occurred after
she returned home that day. As her 14-year old daughter had been greatly
upset by Ms. Johnson's suicide attempt in 1984, she had promised her that
she would never do such a thing again.
After returning home on March 21, 1986, she told both of her daughters that
she did intend to kill herself. Her daughter was so upset by this that she
moved out, and has not returned.
When asked why she had not protested these actions at the time, Ms. Johnson
could only say that she feared she would lose her job if she did offended
Mr. Gonzales. As she was the sole support of her daughter and herself, and
as she had many bills, she could not afford to risk a job that paid well.
She felt particularly vulnerable because she was the only counselor who had
no degree. All of the other counselors had Master's degrees.
Ms. Johnson would be able to do her job today, despite whatever personal
problems she might have, were it not for the treatment that she suffered at
the hands of Mr. Gonzales. As a direct result of his actions, she is now
suffering from an Anxiety Disorder, as well as Psychological Factors
••Prank K. Brass, Esq. Re: Elizabeth Johnson.,
6 June 1986
Page 4
Affecting Physical Condition. The Dysthymic Disorder from which she has
long suffered has been aggravated by Mr. Gonzales' actions.
Ms. Johnson has been receiving psychotherapy for some time, and appears to
have benefitted from it. I strongly recommend that her psychotherapy
continue, so that the damage done to her by Mr. Gonzales might be undone.
I will be forwarding a comprehensive evaluation to you at a later date,
after I have had the opportunity to interview Ms. Johnson again. Please
advise me if anything in this brief report needs .amplification or
clarification.
Sincerely,
Robert T. Flint, 'P D.
Licensed Psychologist
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-A.�M E--N ,D E D
CLAIM
BDARD OF SMVISOR.S OF MW COSTA COMP, CAL110NIA
BOARD ACTION
Claim Against the County, or District ) 11DTICE 1+0 CLAD4ANf June 24, 1986
governed by the Board of Supervisors, ) The copy o a t led to you is your
Routing Endorsements, and Boar ) notice of the action taken on your alaim by the
Action. All Section references are ) Board of Supervisors (Par'agr'aph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all wWarnings".
Claimant: Bertha Thomas
Attorney: Christopher J . Joy COunty CWsel
Russell , Joy & Feinberg JUN12 1986
Address: One Kaiser Plaza, Ste. 2135
Oakland, CA 94612 Maft"
Amount: Unspecified By delivery to clerk on
Date Received: June 1.1 , 1986 By mail, postmarked on .Tune 9 1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: June 11 , 1986 PHIL BATCHELOR, Clerk, By 0 `'C.-� Deputy
Cathw Kn Pe s
I. 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: c _. _ / �,'� By: c. �r 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 claimAis rejected in full.
( ) Other:
I certify that this is a true and correct copy of tt� Board's Order entered in its
minutes for this date. /�'
Dated: JUN 2 41886 PHIL BATCHELOR, clerk, By Q� y}� , Deputy Clerk
YARNING (Gov. Code Section 913)
Subject to oertain exceptions, you have only six (6) months from the date of this
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this
utter. 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 ent a late claim was mailed
to claimant.
,
DATED: JUN 3 0 1986PHIL BATCHELOR; Clerk, By , Deputy Clerk
,
ao: County Administrator (2) County Counsel (1)
Russell, Joy & Feinberg
ATrOICNEYS AT LAW
One Kaiser Plaza, Suite 2138
Oakland,California 94612
(415) 444-6100
Stephen,J.Russell
Christopher J.Joy
Seth J.Feinberg
June 10 , 1986
County of Contra Costa
Clerk of. Board of Supervisors
651 Pine Street
Martinez , California
Re : Claim of Bertha Thomas
Gentleperson:
Enclosed herewith is an AMENDMENT OF CLAIM OF BERTHA
THOMAS in the above matter. Please file the original and
return a file-stamped copy to us in the enclosed
self-addressed, stamped envelope.
Thank you.
Sincerely,
RUSSELL, JOY & FEINBERG
Sidney MaZusan
Legal Secretary
/sam
Enclosures
June 10 , 1986
TO: County of Contra Costa
Clerk of Board of Supervisors
651 Pine Street
Martinez , California
AMENDMENT OF CLAIM OF BERTHA THOMAS
Pursuant to the Notice of Insufficiency of Claim served
on claimant on June 4 , 1986 , BERTHA THOMAS hereby amends her
claim to more specifically describe the location of the
unimproved lot owned by her that has been affected by the
slide and debris :
The lot is unimproved and is situated immediately
adjacent to the improved property at 17 La Encinal , Orinda,
California. Mud and debris from the slide has affected
claimants ' lot as well as 17 La Encinal . The County has
previously rejected a claim by Wendy Wood and Robert Spohr
for their property at 17 La Encinal and the County has
investigated that slide and is familiar with the fact that it
also affects the lot owned by BERTHA THOMAS.
Dated: June 1986 RUSSELL, JOY & FEINBERG
By -
ristop Ife o
Attorney for BERTHA y
OMAS
RECEIVED
JUN 11 ;gZ ;
PHIL BA HELOR
ERI( RDA* U PERVI R$
. .. .. ..TACO....
RECEIVED
MAY 1986
►N4 BATCHELOR
CLERK 60AWD OF SUFERYSOR:
C ep C Su CO.
May 27 , 1986
TO: County of Contra Costa
Clerk of Board of Supervisors
651 Pine Street
Martinez , California
Bertha Thomas hereby makes claim against the County of
Contra Costa for the sum of $130 , 000 . 00 and makes the
following statements in support of the claim:
1 . Claimant ' s post office address is 73 Ardilla Road,
Orinda , California 94563.
2. Notice concerning the claim should be sent to
Christopher J. Joy , Russell , Joy & Feinberg , Suite 2135 , One
Kaiser Plaza, Oakland, California 94612 .
3 . The date and place of the occurrence giving rise to
this claim are February 17 , 1986 , between the public street
E1 Toyonal and the private street La Encinal , situated in
Orinda , California.
4 . The circumstances giving rise to this claim are as
follows :
At about 10 : 00 P.M. On Monday , February 17 , 1986 , the
public street known as E1 Toyonal suffered a landslide which
slide has deposited vast quantities of dirt , rock, mud, trees
and other slide debris on the unimproved lot owned by
claimant on La Encinal , in Orinda. Such slide occurred as a
result of a dangerous condition of public property on E1
Toyonal and constitute a private nuisance of a continuing and
permanent nature.
5 . Claimant ' s injuries include:
A. Destruction of lot by deposit of slide debris
thereon and blockage of creek culvert designed to
convey water from claimant ' s property;
B. Dimunition in fair market value of claimant ' s real
property, even if repairs are made to remove slide
debris ;
C. Inverse condemnation of claimant ' s property
resulting in a total taking thereof by a public
entity.
6. The names of the public employees causing the
claimant ' s injuries are unknown at this time.
7 . The amount claimed as of the date of this claim is
$130 , 000 . 00 .
8 . The basis of compilation of the above amount is as
follows :
A. Removal of slide debris and
restoration of creek bed
and culvert $100 , 000 . 00
B. Dimunition in fair market
value after (A) above
completed. 30 , 000. 00
$1T
In the Alternative
C. Fair market value of property
taken by Inverse Condemnation $130 , 000. 00
Dated: o RUSSELL, JOY & FEINBERG
By
Attorney for Cial ant
Bertha Thomas
AMENDED
CLAM
BOARD OF SmVISORS OF MW owTA amn, cu-n wn
BOARD ACTION
Claim Against the County, or District ) VMCE 10 CLAIMV" June 24, 1986
governed by the Board of Supervisors, ) The copya t Oled to you is your
Routing Endorsements, and Board ) notice of the action taken an your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all wWarninW.
Claimant: ELIZABETH JOHNSON and DIANA PENSON rnNnty counsw
Attorney: Bernard David Walter
Lawrence D. Murrav & Associates 111N 171986
Address: 1781 Union Street
San .Francisco, CA 94123 sionfrok CA WW.
Amount: Unspecified By delivery to clerk on
Date Received: May 27 , 1986 By mail, postmarked on May 23 , 1986
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
Dated: Mav 28 , 1986 PHIL BATCHELOR, Clerk, By 00Deputy
n Cervelli
II. FROM: County Counsel 1D: 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)..
(>C) Claim is not timely' filed/llerk s d return elai ground that it was f ed
late and send warning of claimant's right to apply for leave to present a late � <•���
claim (Section 911.3). G=� �cucsa
( ) Other: %OGS
Dated: --Az By: DeputyCoyoy Counsel
III. OM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
( ) This claim is rejected in full,
( x) Other: Portion of claim as amended not previously returned as
untimely is rejected in full .
I certify that this is a true and correct copy of the Board's Order entered in its
minptes for this date. /
Dated: JUN 2 419RR PHIL BATCHELOR, Clerk, By , N. , 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 you choice in connection with this
batter, 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 prfes�ent a late claim was mailed
00
DATED: u'� J PHIL BATCHELOR, Clerk, By ��Y �_� , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
Law Offices of
�C JYGacccir�ed
1781 Union Street
San Francisco, California 94123
(415) 673-0555
May 22 , 1986
Clerk of the County Board of Supervisors
651 Pine Street
Martinez , California 94553
Re: Gov . Claim of Elizabeth Johnson
Dear Clerk:
Enclosed is a supplemental notice to the May 19th one previously
sent to you . Based on continuing investigation of this matter ,
these additional facts should be brought to your attention.
Further_ , Ms. Johnson indicates that Mr . Gonzales threatened
to physically harm her if she ever reported his sexual harrassment
to authorities . Since Ms. Johnson has known Mr. Gonzales many -
years , has already been struck by him several times , she has
reason to feel that he means business and to consider him dangerous.
Please have a responsible person admonish Mr. Gonzales not to
have any direct or any indirect contact with Ms . Johnson or
her daughter .
Thank you -
:;
Bernard David Walter
Attorney for Claimant
cc : Ms . Johnson
La%v Offices of
ox
0 7�cu��zc-e sU �lLu� �G
1781 Union Street
San Francisco, California 94123
(415) 673-0555
NOTICE OF SUPPLEMENT TO CLAIM AGAINST PUBLIC ENTITY
PURSUANT TO THE CALIFORNIA GOVERNMENT CODE (Sec . 812 et seg. )
Based upon continuing investigation of this matter, this notice
supplements and incorporates by reference the contents of the
May 19th Johnson claim.
Claim Against : Contra Costa County, Contra Costa County Office
of Education , Contra Costa County Superintendant of Schools ,
75 Santa Barbara Road, Pleasant Hill , California 94523
Claimants ' Namet Elizabeth L. Johnson and Diana Penson .
Claimant ' s Address : c/o Bernard Walter , Murray & Associates ,
1781 Union Street , San Francisco, California 94123
Claimant ' s Telephone: c/o Bernard Walter , ( 415 ) 673-0555
How Injuries Occurred: Ms . Penson observed the physical and
psychological pain and suffering endured by her mother , Ms. Johnson ,
including at suicide attempt, attempt which resulted from Mr., Gon-
zales ' harrassment . Also , she was assaulted by Mr. Gonzales
when he forced his way into the Johnson home, and thereafter
she observed Mr. Gonzales take a vodka bottle from a shelf ,
begin drinking , and make sexual advances on Ms . Johnson over
her mother ' s objection.
It should be noted that Mr . Gonzales threatened to injure Ms . Johnson
if she ever told anyone about his abuses.
Description of Injury (known at this time ) : Emotional pain and
suffering both personally and by identification with her mother,
alienation and disorientation of feelings toward her mother
during the emotional breakdown , and fright related to Mr . Gonzales
assault and forced entry into her home.
Date: May 22 , 1986 Murray & Asstciates
Bernard David Walter
Attorney for Claimant
R.ECEI��D
PH1L DAO HELOERVIS
LEAK RAC TAG
1
DECLARATION OF SERVICE BY MAIL -- CCP 1013a & 2015 . 5
I declare that I am a citizen of the United States , a resident
of San Francisco over the age of 18 years, not a party to the
within action, and that my business address is 1781 Union Street,
San Francisco, California 94123 .
That on May 22 , 1986 , I served the within Notice of Supplemental
Claim Against Public Entity on the interested parties by placing
a true copy thereof in an envelope addressed to the following:
Clerk of the County Board of Supervisors
651 Pine Street
Martinez , California 94553
Ms . Vicky Finucane The Honorable Ron Steward
County Counsel ' s Office Superintendant of Schools
651 Pine Street #106 75 Santa Barbara Road
Martinez , California 94553 Pleasant Hill , California
and by then sealing and depositing said envelope with postage
fully prepaid in the U. S. mail at San Francisco, California.
I declare under penalty of perjury that the foregoing is
true and correct , pursuant to the laws of the State of Cali-
fornia .
Executed May 22 , 1986 .
I
2
c p Law Offices of
G� [SdIGGcc:c2�.d
1781 Union Street
San Francisco, California 94123 County Counsel
(415) 673-0555 MAY 2 1 1986
May 19 , 1986
Ms . Vicky Finucane Martinez, A 94553
County Counsel ' s Office
651 Pine Street #106
Martinez , California 94553
Re: Gov, Claim of Elizabeth Johnson
Dear Ms. Finucane:
Thank you for your help in directing the enclosed claim.
One copy is being sent per your recommendation to the Board
of Supervisors , and since you will probably receive it in due
course anyway, a copy is directed to your office as well .
Please date file the second copy and return it in the stamped,
self addressed envelope enclosed.
Characteristically, government tort claims are automatically
rejected and forced into formal litigation. However , if this
matter can be resolved through good faith discussions, I would
be glad to meet and confer with your counsel .
Thank you .
Bernard David Walter
Attorney for Claimant
cc: Ms . Johnson
Law Offices'of
RECEIVED
1781 Union Street MAYS�gP
San Francisco, California 94123
(415) 673-0555 �eA Pwipo* toa
4.g to;l
IS
NOTICE OF CLAIM AGAINST PUBLIC ENTITY
PURSUANT TO THE CALIFORNIA GOVERNMENT CODE (Sec . 812 et se . )
Claim Against : Contra Costa County, Contra Costa County Office
of Education , Contra Costa County Superintendant of Schools ,
75 Santa Barbara Road, Pleasant Hill , California 94523
Claimant ' s Name: Elizabeth L. Johnson
Claimant ' s Address : c/ o Bernard Walter , Murray & Associates ,
1781 Union Street , San Francisco, California 94123
Claimant ' s Telephone: c/o Bernard Walter , ( 415 ) 673-0555
Amount of Claim: $500 ,000 , consisting of past , present, and
future medical/psychological expenses . . . $200 , 000 ; past , present ,
and future wage loss . . . $100 , 000 ; and general damages of $200 , 000 .
Address to which Notices are to be sent : Bernard David Walter ,
Murray & Associates , 1781 Union Street , San Francisco ,
California 94123
Date of Incident : Cumulative through March 21 , 1986 , date claimant
called in sick caused by a visit by Mr . Gonzales to Claimant ' s
home where he banged on Claimant ' s door and repeatedly rang
her door bell , followed by harrassing phone calls.
Location of Incidents : Contra Costa County , primarily at Neighborhood
Youth Corps facilities , 1700 Oak Park Blvd . , Pleasant Hill ,
California 94523 , conference in San Diego, and at Claimant ' s
home .
Name Of Public Employee Causing Injury/Damage: Nick Gonzales ,
Neighborhood Youth Corps Director, County Office of Education ,
while acting in the course of his work ; and Supervisory
personnel who did not take reasonable protective measures
against such conduct having been put on notice of the hazardous
condition created by Mr . Gonzales ' drinking problems and
abuse of employees.
How Injuries Occurred: Claimant began public service employment
under Nick Gonzales in 1977 when personal relations were
relatively professional . Gradually , however , Mr . Gonzales
took advantage of his supervisory position and position
of trust to sexually harrass claimant both on and off the
job. He has trespassed into her home , he has slapped her
for refusing his advances both in her home and in public
places, and engaged in systematic administrative and psycho-
1
logical torture to compel compliance with his sexual intent-
ions . Mr . Gonzales even pursued claimant to San Diego
during a conference to force his attentions on her. Ulti-
mately , this caused emotional breakdown and made work im-
possible for her and forced her to leave her job.
Description of Injury (known at this time ) : Emotional breakdown
and loss of job as a result of the stress intentionally
created by Mr . Gonzales . Development of panic attack pattern
associated with Mr . Gonzales, characterized by hyperventilation ,
perspiration , nausea , nervousness, physical immobilization,
insomnia , weight gain , nightmares , migraine headaches ,
psychological disorientation , loss of self esteem/professional
aspirations , chronic depression, and suicidal impulses .
Date: May 19 , 1986 Murray & Associates
Bernard David Walter
Attorney for Claimant
DECLARATION OF SERVICE BY MAIL -- CCP 1013a & 2015 . 5
I declare that I am a citizen of the United States , a resident
of San Francisco over the age of 18 years , not a party to the
within action, and that my business address is 1781 Union Street ,
San Francisco, California 94123 .
That on May 19 , 1986 , I served the within Notice of Claim
Against Public: Entity on the interested parties by placing a
true copy thereof in an envelope addressed to the following :
Clerk of the County Board of Supervisors
651 Pine Street.
Martinez , California 94553
Ms . Vicky Finucane The Honorable Ron Steward
County Counsel ' s Office Superintendant of Schools
651 Pine Street #106 75 Santa Barbara Road
Martinez , California 94553 Pleasant Hill, California
and by then sealing and depositing said envelope with postage
fully prepaid in the U. S. mail at San Francisco, California.
I declare under penalty of perjury that the foregoing is -
true and correct , pursuant to the laws of the State of Cali-
fornia .
Executed May 19 , 1986 .
2
AMENDED
.4- CLAN
BOARD OF suP®tVI w OF cdffff c=A awff. CALII+0A1 n .
BOARD ACTION
Claim Against the County, or District ) NMCE TO CLiV4 pT June 24, 1986
governed by the Board of Supervisors, ) The oopy o a t ed to you is your
Routing Sndorsemants, and Board ) notioe of the action taken on your olaim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Goverment Code Section 913
and 915.4. Please note all wwarnw*c0unsM
Claimant: Elizabeth Johnson and Diana Penson
Attorneys Bernard David WalterJUN 1 71986
Lawrence D. Murray & Associates OMML CA 0S,%
Address: 1781 Union Street
San - Francisco, CA 94123 transmittal
Amount: Unspecified By delivery to clerk on May ?R1 ARF,
Date Received: May 28 , 198 6 By mail, postmarked on
I. FROM. Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: May 30, 1986 PHIL BATCHELOR, Clerk, By. u Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
This claim complies substantially with Sections 910 and 910.2.
(�1 This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. TheBod of act for 15 days. (Section 10.8).
/�p2 C[./ �(.� C'eLGL1L.Q- d/�
(�) Claim is not tilably filed/4 Clerk�huld return�&aim on ground that
late and send warning of claimant's right to apply for leave to present a late `'
claim (Section 911.3).
( ) Other: i00 Etc
Dated: By: tee- - c .t 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 0RDER By unanimous vote of Supervisors present
( Z This claim Is rejected in full.
( X ) Other: Portion of claim as amended not previously returned as
untimely is rejected in full .
I certify that this is a true and correct copy of t e Board's Order entered in its
mi for
41986 s �wmmPHtii BATCHII.OR, clerk, By � �
Dated: , 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 leaveto present a late claim was mailed
DATED-to
A"ass PHIL BATCHELOR, Clerk, By Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
VJP
Law Offices of (AZ4 wl
� �acca�ed
1781 Union Street
San Francisco, California 94123
(415) 673-0555 CD8nr1' Coun3el
May 22 , 1986 MAY 2 0 1986
Ms . Vicky Finucane MartjReZ, CA945$3
County Counsel ' s Office
651 Pine Street 9106
Martinez , California 94553
Re: Gov. Claim of Elizabeth Johnson
Dear Ms . Finucane:
Enclosed is a supplemental notice to the May 19th one previously
sent to you. Based on continuing investigation of this matter ,
these additional facts should be brought to your attention.
Further , Ms. Johnson indicates that Mr . Gonzales threatened
to physically harm her if she ever reported his sexual harrassment
to authorities . Since Ms. Johnson has known Mr. Gonzales many
years , has already been struck by him several times, she has
reason to feel that he means business and to consider him dangerous.
Please have a responsible person admonish Mr. Gonzales not to
have any direct or any indirect contact with Ms . Johnson or
her daughter.
Thank you .
IaJ rE
Bernard David Walter E ��
Attorney for Claimant MAY A1986
cc : Ms . Johnson P ,LBAT EOR
LEAK ROOF RVISORS
RA COT C
i
:
i
aLaw Offices of
1781 Union Street
San Francisco, California 94123
(415) 673-0555
NOTICE OF SUPPLEMENT TO CLAIM AGAINST PUBLIC ENTITY
PURSUANT TO THE CALIFORNIA GOVERNMENT CODE ( Sec . 812 et seq. )
Based upon continuing investigation of this matter, this notice
supplements and incorporates by reference the contents of the
May 19th Johnson claim.
Claim Against : Contra Costa County, Contra Costa County Office
of Education , Contra Costa County Superintendant of Schools ,
75 Santa Barbara Road, Pleasant Hill, California 94523
Claimants ' Name: Elizabeth L. Johnson and Diana Penson.
Claimant ' s Address : c/o Bernard Walter , Murray & Associates ,
1781 Union Street, San Francisco, California 94123
Claimant ' s Telephone: c/o Bernard Walter , ( 415 ) 673-0555
How Injuries Occurred: Ms . Penson observed the physical and
psychological pain and suffering endured by her mother, Ms. Johnson,
including a suicide attempt, attempt which resulted from Mr. Gon-
zales ' harrassment . Also , she was assaulted by Mr. Gonzales
when he forced his way into the Johnson home , and thereafter
she observed Mr . Gonzales take a vodka bottle from a shelf ,
begin drinking , and make sexual advances on Ms . Johnson over
her mother ' s objection.
It should be noted that Mr . Gonzales threatened to injure Ms . Johnson
if she ever told anyone about his abuses .
Description of Injury (known at this time ) : Emotional pain and
suffering both personally and by identification with her mother ,
alienation and disorientation of feelings toward her mother
during the emotional breakdown , and fright related to Mr. Gonzales
assault and forced entry into her home.
Date: May 22 , 1986 Murray & Asstciates
Bernard David Walter
Attorney for Claimant
1
• ��2cv�rE�zcE Jam. �/�/.�`:� c�. �„cc��4
. DECLARATION OF SERVICE BY MAIL -- CCP 1013a & 2015 . 5
I declare that I am a citizen of the United States , a resident
of San Francisco over the age of 18 years, not a party to the
within action, and that my business address is 1781 Union Street,
San Francisco, California 94123 .
That on May 22, 1986 , I served the within Notice of Supplemental
Claim Against Public Entity on the interested parties by placing
a true copy thereof in an envelope addressed to the following :
Clerk of the County Board of Supervisors
651 Pine Street
Martinez , California 94553
Ms . Vicky Finucane The Honorable Ron Steward
County Counsel ' s Office Superintendant of Schools
651 Pine Street #106 75 Santa Barbara Road
Martinez , California 94553 Pleasant Hill , California
and by then. sealing and depositing said envelope with postage
fully prepaid in the U. S. mail at San Francisco, California.
I declare under penalty of perjury that the foregoing is
true and correct , pursuant to the laws of the State of Cali-
fornia .
Executed May 22 , 1986 . _
2
J ,
Law Offices of
- c� �c�irlFa
1781 Union Street
San Francisco, California 94123
(415) 673-0555
May 19 , 1986
Clerk of the County Board of Supervisors
651 Pine Street
Martinez , California 94553
Re: Gov . Claim of Elizabeth Johnson
Dear Clerk:
Thank you for your help in directing the enclosed claim.
One copy is being sent per your recommendation to the county
counsel ' s office , and since you will probably receive it in
due course anyway, a copy is directed to your office as well .
Please date file the second copy and return it in the stamped,
self addressed envelope enclosed.
Characteristically , government tort claims are automatically
rejected and forced into formal litigation. However , if this
matter can be resolved through good faith discussions, I would
be glad to meet and confer with your counsel .
Respectfully
Bernard David Walter
Attorney for Claimant
cc: Ms . Johnson
nn La", Offices of
RECEIVED
• 1781 Union Street MAY W ioer
San Francisco, California 94123
(415) 673-0555 PHIL SAT HELOR
LER S ERYI
RA C
NOTICE OF CLAIM AGAINST PUBLIC ENTITY12 RDO
PURSUANT TO THE CALIFORNIA GOVERNMENT CODE ( Sec . 812 et se )
Claim Against : Contra Costa County, Contra Costa County Office
of Education , Contra Costa County Superintendant of Schools ,
75 Santa Barbara Road, Pleasant Hill , California 94523
Claimant ' s ?Name: Elizabeth L. Johnson
Claimant ' s Address : c/ o Bernard Walter , Murray 8 Associates ,
1781 Union Street , San Francisco, California 94123
Claimant ' s Telephone: c/o Bernard Walter , ( 415 ) 673-0555
Amount of Claim : $500 , 000 , consisting of past , present, and
future medical /psychological expenses. . . $200 , 000 ; past , present,
and future wane loss. . . $100 , 000 ; and general damages of $200 , 000 .
Address to which Notices are to be sent : Bernard David Walter ,
Murray 8 Associates , 1781 Union Street , San Francisco ,
California 94123
Date of Incident : Cumulative through March 21 , 1986 , date claimant
called in sick caused by a visit by Mr . Gonzales to Claimant ' s
home where he' banged on Claimant ' s door and repeatedly rang
her door bell , followed by harrassing phone calls.
Location of Incidents : Contra Costa County , primarily at Neighborhood
Youth Corps facilities , 1700 Oak Park Blvd . , Pleasant Hill ,
California 94523 , conference in San Diego, and at Claimant ' s
home .
Name Of Public Employee Causing Injury/Damage: Nick Gonzales ,
Neighborhood Youth Corps Director , County Office of Education,
while acting in the course of his work ; and Supervisory
personnel who did not take reasonable protective measures
against such conduct having b•:en put on notice of the hazardous
condition created by Mr . Gonzales ' drinking problems and
abuse of employees.
How Injuries Occurred: Claimant began public service employment
under Nick Gonzales in 1977 when personal relations were
relati.vely professional . Gradually , however , Mr. Gonzales
took advantage of hiE supervisory position and position
of trust to sexually harrass claimant both on and off the
job. He has trespassed into her home, he has slapped her
for refusing his advances both in her home and in public
places, and engaged in systematic administrative and psycho-
1
iogical torture to compel compliance with his sexual intent-
ions. Mr . Gonzales even pursued claimant to San Diego_
.during a conference to force his attentions on her. Ulti-
mately , this caused emotional breakdown and made work im-
possible ,for her and forced her to leave her job.
Description of Injury (known at this time ) : Emotional breakdown
and loss of job as a result of the stress intentionally
created by Mr. Gonzales . Development of panic attack pattern
associated with Mr. Gonzales, characterized by hyperventilation,
perspiration, nausea , nervousness, physical immobilization,
insomnia , weight gain, nightmares , migraine headaches ,
psychological disorientation, loss of self esteem/professional
aspirations , chronic depression, and suicidal impulses.
Date: May 19 , 1986 Murray & Asso fates
Bernard David Walter
Attorney for Claimant
DECLARATION OF SERVICE BY MAIL -- C P 1013a & 2015 . 5
I declare that I am a citizen of the U:,ited States, a resident
of San Francisco over the age of 18 years , not a party to the
within action, and that my business address is 1781 Union Street ,
San Francisco, California 94123 .
That on May 19 , 1986 , I served the within Notice of Claim
Against Public Entity on the interested parties by placing a
true copy thereof in an envelope addressed to the following :
Clerk of the County Board of Supervisors
651 Pine Street
Martinez, California 94553
Ms. Vicky Finucane The .Honorable Ron Steward
County Counsel ' s Office Superintendant of Schools
651 Pine Street x{106 75 Santa Barbara Road
Martinez, California 94553 Pleasant Hill, California
and by then sealing and depositing said envelope with postage
fully prepaid in the U. S. mail at San Francisco, California.
I declare under penalty of perjury that the foregoing is
true and correct , pursuant to the laws of the State of Cali-
fornia.
Executed May 19, 1986 .
2 ��1
man
or mvtervrier$s or dM OO= Cam Gaza=
Claim WDSt the Munty, or bisLKet �Ct !D CAD= June 24, 1986
governed by the Board of Snpervib"t Atte copy of this CM)OMMT, MuLed to Ian L Iver
Routing �s6or'semants and Board sotioe of the action taken on Ips' cam by the
Action, All Section »teranoes ars board at supervisors (Paragrgb Two bslar)o
to California Government 006" given pursuant to Government Oode Scotian !13
end 915.46 places nota all wUaratWpOe
Claimant, Frank Woo & C. T. Shih Cou* empi
AttarmgI Michael W. Bloom JUN 0 51986
Greene, Mayer, Picchi & Bloom
Addreast 80 E. Sir Francis Drake Blvd.
Larkspur, CA 94939 by delivery to Clark an
bottttt Unspecified
bate Aeoeivedt June 5 , 1986 BY sail, posbsartosd an
Cert . # P 058 637 4
INK.--Mark R W Board of Nperviscirs 701 CAMty
Attached is a copy of the above-Dotted chis. O'�4�Dated$ June 5, 1986 PM RkTOMoMi Mark, By
. FKXt y : Clark the Boam or 34awbors
(Check only one)
(�{) psis claim ocmpliw substantially with Sections 910 aid %0.2.
( ) lhis claim nns to o®p2y substantially with sections 910 and 910.29 end we saga
so notifying claimant. The Board oannot act for 15 days (Section 910.0.
( ) Claim is not timely tiled. Clerk should return claim an greed that it w filed
late and send warning of claimant's right to apply for leave to p4mmt a We
claim (Section 911,3).
( ) Other's
mated s c, rt_rz, -*k Bys �Glt �c ¢_J poly tY
III. VMt Clerk of the Board Tot (1) Cckmty Counsel, (2) County Administrator
r
( j Maim wss returned as untimely with ootioe to claimant (Section 911.0.
IT, 3= GiGyPR ASAsVIewDriz resmy umudmous vote of supervisors pent
(u) Ihts claims refected In full.
( ) Others
acerb ythaw s Is a true oorreot copy of the Boards mtwvd In ja�
Ed 10MMIs date.
Dated$ PHM BA7CRELM, Mark, By �Y . bepAy Clark
19ARNIa1G (Gov. code Section ¢l3)
Sitbjeot to owUln exoeptions, you have only six (6) months fhs the date or tots
notice was personally served or deposited to the sail to file a const action co %Us
chis. an Govenmient Code section "5.6.
Tau say seek the advioe of an attorney of ha' ohoioe to cc ar Klan with this
latter. If you want to aoosult an attorney, you should do so immediately.
T. !IM& Mork at' the Board Vt (l) Canty twzml, (2) Camty Administrator
Attached are oopiw of the above claim. We notified the odaimsnt of the Board's
action an this claim by sailing a copy of this dMmemt, and a new then W ha, been filed
and endorsed on the BDard's cM of this Claim in aoOmtw a with section 29703.
( I A wato rning cl tmon*•s runt to apply for leave to t a late obwa
is s sailed
�TFZa:— JUN 3 ON== KT=Ms Clark, By �� pspLtt7 Mork
i
GREENE, MAYER, PICCHI & BLOOM
AN ASSOCIATION INCLUDING PROFESSIONAL CORPORATIONS
Michael W. Bloom ATTORNEYS AT LAW Telephone
David J.Picchi 60 E.Sir Francis Drake Boulevard (415)461-6668
Alan M.Mayer,Inc. Suite 3E.
C.Clay Greene Larkspur,CA 94939
May 30 , 1986 CQ
Lq�
Vickie Finucane � ( _ `90'6
Clerk ' s Office
County of Contra Costa
Contra Costa Courthouse
P.O. Box 911
Martinez, CA 94553
CERTIFIED MAIL/RETURN RECEIPT REQUESTED
RE: Claim of Frank Woo and C.T. Shih
Dear Ms . Finucane :
This will confirm our conversation of May 28 , 1986 in which
we discussed the recently filed claim on behalf of Frank Woo and
C.T. Shih. You informed me that although the claim indicated
that we represented Frank Woo and C.T. Shih with regard to the
claim it was only being processed with regard to Frank Woo as
result of his name and address being at paragraph one of the
letter . Please take this letter as indication that C.T. Shih ,
the wife of Frank Woo, is also a claimant with regard to the
above referenced claim.
Thank you in advance for your cooperation in this regard .
Very truly yours,
MICHAEL W. BLOOM
MWB:arm rRECEIYED
JUN 6 iw
K PMll0A H on
0 P TA CgV. .
GREENE, MAYER, PICCHI & BLOOM
AN ASSOCIATION INCLUDING PROFESSIONAL CORPORATIONS
Michael W.Bloom ATTORNEYS AT LAW Telephone
David k..Picchi 80 E.Sir Francis Drake Boulevard (415)461-6668
Alan M. Mayer,Inc. Suite 3E
C.Clay Greene Larkspur,CA 94939
May 19, 1986
County of Contra Costa
Contra Costa Courthouse
P.O. Box 911
Martinez, CA 94553
Attn: Board of Supervisors
CERTIFIED MAIL/RETURN RECEIPT REQUESTED
Dear Sir or Madam:
I represent Frank Woo and Cit Shin with regard to a Claim
for Damages to their property located at 1067 Via Baja,
Lafayette, California and present this Claim to the County of
Contra Costa pursuant to Section 910 of the California
Government Code .
1 . The name and post office address of the Claimants are as
follows:
FRANK WOO
18 Presidio Terrace
San Francisco, CA 94118
2 . The post office address to which notices regarding this
Claim to be sent is as follows:
ALAN M. MAYER
MICHAEL W. BLOOM
80 E. Sir Francis Drake Blvd . , Suite 3E
Larkspur , CA 94939
3 . On or about February 14 , 1986 at 1607 Via Baja,
Lafayette, California Claimants suffered injuries and continue
to this date to suffer injury by virtue of the failure of the
public entity to maintain their property causing damage to his
property, including his residence thereon caused by several
causes including, but not limited to, redirection, deflection,
and pooling of water on the property, and the removal of support
for the property.
4 . Discovery is continuing with regard to the tKFCl31t'7- D
damage caused by the actions and/or inactions of t e County of
Contra Costa . MAY,151986
PHIL BAT HE on
nVI
�EpK ARD
SRA 7A
. .... ..
t
Letter to County of Conta Costa
May 19, 1986
Pacte 2
5. So far as is known to the Claimants , at the date of the
filing of this Claim they have incurred damages as a result of
the failure of the County of Contra Costa in an amount that has
yet to be ascertained . The Claimants are unaware of the exact
names of the public employee or employees who have caused this
injury and damage and therefore names them as Doe defendants and
will seek leave to amend this Claim at such time as the names of
said Doe defendants are ascertained .
6 . At the time of the presentation of this Claim Claimant ' s
damages in an amount yet to be ascertained but are estimated to
be in excess of One Hundred Thousand Dollars ($100 ,000 .00) .
ALAN M. MAYER,
Attorney for Claimant
DDLRD_tR SDP'®toI�JJR.S OF CBM MCI COMMS aummu
claim Against the County, or bistriot gMCE 70 Ci ADW June 24 1986' -
Bova
986' -
Boverssd by the Board of Supervinars, The copf Cr jWus document mmulac to llm is lora'
Iloutintg tworseoents I and Board notice of the motion taken an lots' eSaL by Cede
Action, 611 Section references fire Board of Supervis" (paragraph IT• below #
to California Government Codes given µa+susnt to Government Cods Section 913
and PL5.4. Please nots all owaraLWO my Counsel
Qaimatntt Michael P- & JoAnn Bertino
AttamMs Louis F. Schofield MAY 2 7 1986
%Burnhill, Morehouse, Burford, Schofield & Schiller , Inc. Marbnsz, CA94553
Addresst 1220 Oakland Blvd.
Walnut Creek, CA 94596 tra smittal `• '
Smotatts Unspecified By delivarry to Alark cn May 22, 1986
bate Beodvbdt May 22 , 1986 By nailg postmw*W m May 21, 1986 r
erk the550d of Supervisors 70, County
Attached is a copy of the above-noted claim,
batedt maw 2 3 . 19 8 6 PM UTC�AIi, Mark, �► KLbsp lty
Cathy w es
. FINS couinty : clarwor the Board or supemlb"-
(Check only one)
(X) 7liis claim complies substantially with Sections 910 and 910.2.
( ) his claim FAILS to comply substantially with Section 910 and 910.29 bed we am
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Maim is not timely filed. Clerk should return claim an ground that it was tiled
late and send Carnin� of claimant's right to apply for leave to pmosat a late
claim (Section %1.3).
( ) Other:
batedIL49- 69By: �� `; .cox a puts County
I11. !AOM: Clerk of the Board mt Cl) Canty Counsel, (2) County Administrator
r
( ) Maim was returned as untimely with notice to claimant (Section Sgl.3).
I9, DDARD By unanimous vote of Supervisors present
AS s�i�/F.t/D�b
()(A This olais re,)ected in full.
Othars
I OW Y that this s t true oor»ct copy _/DoowddVaa� an es
mated,nyJUN 7T'1 , ° RM BATCiMM9 Clark, by }'(/��� • Deputy clerk
VAMM (Gov. Code Section 913)
Stsb.1ect to certain exceptions, yotnhave only six (6) months pram the date of tbU
motive was parsOM117 served or deposited in the mail to file a ooart motion an tMs
Alain. See Government Code Section 945.6.
Tau may seek the advice of an attorTsy of lar choice in oormsctian with t81s
matter. If you want to consult an attorney, lou should do so immediately.
T. nMt (Market the Board 10: Cl) Cotmty Ootmsel, (2) County Administrator
Attached are copies of the above claim. Ye notified the claimant of the Board's
action an this claim by sailing a copy of this dooumeat, and a memo thereof has besn filed
and endorsed m the Hoard's COPY of this Maim in aoeordanoe with Section 28703.
( ) A warning of elaim■„r•s riapt to qPp1y for leave pee�sent a late Alois we, nailed
AiTmt� UN IS 0I sO PM Birt, Mark, sf
9 99PUlty Clerk
VICTOR J. WESTMAN
CONTRA COSTA COUNTY COUNSEL
TO P.O. Box 69. CO. ADMIN. BLDG..
Cathy Knowles
Clerk of the Board of Supervisors MARTiNcz. CA'94553
i
i
DATE "_�i r SUBJECT. �i�
The attached amended claim(s) were/was Gent d; rpnt-IV
to our office. Please Process and return to us -
Thank you.
•Vicki J. Finucane
• Y "� I r
LAW OFFICES
BURNHILL, MOREHOUSE, BURFORD, SCHOFIELD & SCHILLER
A PROFESSIONAL CORPORATION
OF COUNSEL:
LEON SCHILLER,INC.
May 20, 1986
Victor J. Westman, County Counsel MAY
County Counsel ' s Office of Contra Costa Co.
P. O. Box 69
Martinez , CA 94553
Re: Dovetail v. Camino Diablo
Claim of Michael P. and JoAnn Bertino
Dear Mr. Westman:
I am in receipt of the Notice of Insufficiency and/or Non-
Acceptance of Claim in which you have requested additional
information of when the claimant was served with the original
Complaint. They were not served with the original Complaint and
the first service was of the Amended Complaint and Summons
thereon, a copy of which was attached to the claim. I do not
have a copy of the original Complaint but this can be obtained
from the plaintiff's attorney, Bonnie Maly of the law offices of
Linda De Bene, Inc. (866-8177).
Should you require any futher information, please advise.
Thank you for your consideration of our claim.
Very truly yours,
BURNHILL, MOREHOUSE, BURFORD,
SCHO IELD & SCHILLER, INC.
LOUIS F. SCHOFI D
LFS: lar
RECEIVED
MAY Z.-i r
PHIL BATCHELOR
/ LEA RD PERV15 S
8yl 1_ RAC TACO.
1220 OAKLAND BOULEVARD. P.O. BOX 5168•WALNUT CREEK, CALIFORNIA 94596•(415) 937-4950
A M E N D E D
o�xa ar a 4L s Cr con ossa Mwff. offigum
AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNT
FLOOD CONTRqOLt,� SAND W TER CONSERV June 24, 196'6
Claim Against thalounty- or`psstPlac D �
governed by the Board of Sapervisora, ow co" s dootiman wied to Ice is toer
Noutis4 bdorsamentas WA Board s»tioe of the action taken an las' amass b! tie
Action. All Section references are So" of Superdeors 0WIS aph no bsiaw),
to Cal ifor nle Government Codas given Rrsusnt to Government Code swum 91)
and 915.40 !lease sots all ovaroiwe
Claimnt: Ronald J. Martin countycounSR1
Attoejsy: Jeanette K. Shipman MAY 8 Q 1986
Law offices of Sterns , Smith, Walker
Address: & Gr e l lam'(
280 Utah Street Hand delivered . -
Awmt: San Francisco , CA 94103 ft &atvwy to elark an May 27 , 1986
$1, 000, 000 . 00+
Date seoeiwd: May 27 , 1986 Dy tail, oostamAoed an
: ark 57 NpeMsors 168 aEfy
Attached is a copy of the above-noted oLlm,
Dated: May 30 , 1986 Rib, NATOMLOR g Clark, Sy
• Vw, COMEY cotwel
144,ww,lam"" CC awu%scrs
(Cheek only one)
Q� fts claim oamp1lai substantially with Sections 910 and 910.2.
( ) 'his 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 Paced that it was tiled
late and send warning of claimant's right to apply for leave to pressot a late
claim (Section 411.3)•
Others
Dated: sys c puty ty
IIT. tai: Qerk of the Board 10: (1) Cou4y Munsel, (2) C mty Administrator
•
Claim vas returned as untimely with notice to claimant 43ection sues).
I9. so= Gilt Dy unanimous Ate of 91pervisom P'sseat
( Bis clan's rejected in fall.
( ) Otber:
certifythe s is a true im correct copy 'a as its
—
Olt for this Este.
_Dated: JUN 2 4 LrOj PHIL EbEAMMENNNAT MAR. Clark, By l'Y� . put? Mark
VARPFM (Gov. Cods section 913)
Bub,)eat to certain exoeptioos, you haw only six (6) months f roam the date mr this
bons* w pwwnally carved or deposited in the mail to file a court aatim oe tma
MAW* sec GoveTweot Code mecum 915.69
tau my seek the advice of an attorney of yar choice in =Noetim with this
utter. If you tient to consult an attor%ey, you should do so immediately.
To lllai: Clerk of the Board 'ID: (1) CMX3ty Cwiml, (2) Comty Administrator
Attached are GCOM of the above claim. Ile notified the claimant of the Board's
action On this Claim by sailing a copy of this docummt, and a mmo thereof has
been tiled
Ind endorsed m the soled's copy of this Claim in a000rdtnoe with section 29703.
( ) A naraing of clalmen*'s right to spay for leave to
to
L p'e/se/ret a late alms was nailed
AlT®: iliN 3 0 �y86 Im UT MDR a Clark, Dir _ ��Y�
Deputy Clerk
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
TO: Contra Costa County Flood Control District
Contra Costa County
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County Flood Control District.
1. The name and post office address of the claima t is•
Ronald J. Martin
1901 Golden Gate Avenue
Richmond, CA 94801 RECEIVED
2. The address to which notices are to be sent is
Jeanette K. Shipman MAY�� 1986
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL PHIL BAT ELOR
280 Utah Street BY/6LERK a CO u c visoR
San Francisco, CA 94103 ``''�
3. The circumstances which give rise to this claim occurred
on or about February 14, February 18 and March 10, 1986 at 1901
Golden Gate Avenue, Richmond, California, and are described in "The
Basis of the Claim" which is attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County Flood Control District whose names and identities are not
presently known to claimant.
5. The amount of damages claimed is $1, 000, 000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant ' s damages is in the "Itemization of
Damages" which is attached hereto.
May 26, 1986 ''
JEANETTE K. SHIPMAN
Attorney for Claimant
3507-C
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 14 through
February 20, 1986, inclusive, and March 10, 1986, as a direct result
of the negligence, carelessness and recklessness of Contra Costa
County Flood Control District and its agents, servants and employees
as follows:
( a) Contra Costa County Flood Control District breached its duty to
maintain, control, repair and remove debris from Wildcat and San
Pablo Creeks and San Pablo Dam. Prior to said dates of damage,
Contra Costa County Flood Control District knew or should have known,
and had actual and constructive notice that San Pablo and Wildcat
Creeks serve as a natural runoff and drainage system for water flow
created by seasonal rains and had previously overflowed their banks;
(b) Contra Costa County Flood Control District failed to develop,
design, require or demand an adequate design and construction of a
drainage system for businesses and residents in the North Richmond
area, and failed to warn of impending flooding;
(c) Contra Costa County Flood Control District maintained and
continues to maintain a nuisance due to the inadequacy of drainage,
creeks and other drainage systems and, by its failure to maintain,
control and repair same, should be compelled to compensate claimant
for damages and to take all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County Flood Control
District maintained and continues to maintain a dangerous and
defective condition of its property;
(e) Contra Costa County Flood Control District was negligent or
otherwise liable, including acts and omissions which are presently
unknown by the claimant.
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage -to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and the loss of real
and personal property and from the fear for personal safety in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant' s
family;
(h) Expense for medical services incurred in the treatment of
claimant's physical and emotional injuries;
(i) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and. other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County Flood Control
District to build, repair and maintain the creeks and other drainage
systems to prevent future flooding;
( 1 ) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
nrcim.rpt
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
TO: Contra Costa County Flood Control District
Contra Costa County
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County Flood Control District.
1. The name and post office address of the claimant is:
Ronald J. Martin
1901 Golden Gate Avenue
Richmond, CA 94801
2. The address to which notices are to be sent is:
Jeanette K. Shipman
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL
280 Utah Street
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on February 14, 1986 at 1901 Golden Gate Avenue, Richmond,
California, and are described in "The Basis of the Claim" which is
attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County Flood Control District whose names and identities are not
presently known to claimant.
5. The amount of damages claimed is $1,000,000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant's damages is in the "Itemization of
Damages" which is attached hereto.
May 23, 198
RECEIVED JEAN E K. SHIP N
Attorney for Claimant
MAY d3 �g85
3507-C q •Oc�,
PMI BATCH l0
gERK N A OF S COs a VISORS I
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 16 through
February 20, 1986, inclusive, as a direct result of the negligence,
carelessness and recklessness of Contra Costa County Flood Control
District and its agents, servants and employees as follows:
'(a) Contra costa County Flood Control District breached its duty to
maintain, control, repair and remove debris from Wildcat and San
Pablo Creeks and San Pablo Dam. Prior to said dates of damage,
Contra Costa County Flood Control District knew or should have known,
and had actual and constructive notice that San Pablo and Wildcat
Creeks serve as a natural runoff and drainage system for water flow
created by seasonal rains and had previously overflowed their banks;
(b) Contra Costa County Flood Control District failed to develop,
design, require or demand an adequate design and construction of a
drainage system for businesses and residents in the North Richmond
area, and fag-led to warn of impending flooding;
(c) Contra Costa County Flood Control District maintained and
continues to maintain a nuisance due to the inadequacy of drainage,
creeks and other drainage systems and, by its failure to maintain,
control and repair same, should be compelled to compensate claimant
for damages and to take all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County Flood Control
District maintained and continues to maintain a dangerous and
defective condition of its property;
(e) Contra Costa County Flood Control District was negligent or
otherwise liable, including acts and omissions which are presently
unknown by the claimant.
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; loses of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and from the fear for
personal safety and the loss of and real and personal property in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant' s
family;
(h) Expense for medical services incurred in the treatment of
claimant' s physical and emotional injuries;
(i ) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County Flood Control
District to build, repair and maintain the creeks and other drainage
systems to prevent future flooding;
( 1 ) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
nrclm.rpt
w� OF Suparv0w Or amens cu aaAru
Claim �� the qty, or bisteI� � TO CLADOW June 24, ' 1986
govenied by the Board of 3uperdacrss lies cop? s b to rm fa Pw
Poutinj ZrAorsamentas and Board notice of the eoticn takes; an your data by tee
Action. All Section references are Board of &uper`deocs O&MV 0 No ba cw)s
to California Government Codes _ givgn pursuant to Government Code sectio w COWISfd
and 915.10 rim" nota all eitarstrape ����1
Qaimants Ronald J. Martin MAY 30 1986
Attorn"s Jeanette K. Shipman *
Law offices of Sterns , Smith, Walker
Address: & Grell
280 Utah Street Hand delivered .' •
Amounts San Francisco , CA 94103 By delivgry to clerk an May 27 ,_ 1986
$1 , 000 , 000. 00+ :
W& lleoeivsds May 27 , 1986 BY argil, postaarw an
FFICM: -Clerk of the Board of Epervisars Ex CaRy
Attached is a copy of the above-noted claim. 0 J
Veteds _ May 30 , 1986 PM WTOMM, Marks By L
a les
. 7WS county courwel 7Dt Clark
(Check only one)
(x) Uis claim oomplies subotantiauy with Sections 910 ane 910.2.
( )
We claim FAILS to oamply substantially with Sections 910 avid 910.2: sed We On
so notifying claimant. The Board oannot act for 15 days 45e0tiea 910.8).
( ) Maim is not timely filed. Clerk should return Claim m iNWA that it was rUsd
late and send warning of claimant's riot to apply for leave to p 4mmt a lata
claim (Section 911.3)•
( ) Others
77-7
Dated: �7_ / SZ- Bye Deputy county biaFm
III. s Clerk of the Board los (1) County Counsels (2) County Admirdatratar
( ) Maim was returned as untimely with notice to claimant (Section 911.3).
I9, BDARD OitZSdt BY unanimous vote of Supervisors present
As�9/JEX/,DF�
( lhis clainha rejected in full.
MOM
( ) Others
y that this In a true wd correct copy the Board's Order antar4od MIES
minutes for this date. ✓✓ //
Dated: .11IN 9. n inns PM BATCFMLM 9 Clark,, By '/Y� s Deputy Mork
VAWX (Gov. Croda Seotica 913)
Subject to eartain exoeptions, you have Daly six (6) months flim this date or this
notice w pNWrA]ly &trued ar deposited in the mail to fug a court notice CC this
claim. Sus GOTWMmt Cods Seotiao 915.6.
Lou may seek the &Moe of an att may of your choloe in oonreetIca idth this
setter. If you want to Consult an attorfsey, you should do go immediately*
v. ifl w: Mark of the Board lDs Cl) County Oosueel, (2) County Administrator
Attached are copies of the above clotm. we notified the claimant of the Board's
action an this claim by mailing a copy of this &Gets and a mmao thereof has been filed
and endorsed on the Beard's copy of this Claim in a000rdanoe with Section 29703.
( ) A rasing of dielman •s riot to EWY rb r laws to Imsent a late alai: wav mailed
a1TID: 6 Cifts PM UTCFBIOR. Mork. Ur C> T ,,v --1 . Oeputl Mork
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
TO: Contra Costa County
Clerk of the Board
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County.
1 . The name and post office address of the claimant i
Ronald J. Martin
1901 Golden Gate Avenue
Richmond, CA 94801 LRECEIVED
2. The address to which notices are to be sent i
Jeanette K. Shipman MAY �1 1986
LAW OFFICES OF
PHIL 8 TCHELOR
STERNS, SMITH, WALKER & GRELL ARD fbUPERVI qs
280 Utah Street
TRA sTP�O`�J,,n
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on or about February 14, February 18 and March 10, 1986 at 1901
Golden Gate Avenue, Richmond, California, and are described in "The
Basis of the Claim" which is attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County whose names and identities are not presently known to
claimant.
5. The amount of damages claimed is $1,000,000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant' s damages is in the "Itemization of
Damages" which is attached hereto.
May 26, 1986
JEANETy K. SHIP
Attorn for Claimant
3507-C
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 14 through
February 20, 1986, inclusive, and March 10, 1986, as a direct result
of the negligence, carelessness and recklessness of Contra Costa
County and its agents, servants and employees as follows:
(a) Contra Costa County breached its duty to maintain, control,
repair and remove debris from Wildcat and San Pablo Creeks and San
Pablo Dam. Prior to said dates of damage, Contra Costa County knew
or should have known, and had actual and constructive notice that San
Pablo and Wildcat Creeks serve as a natural runoff and drainage
system for water flow created by seasonal rains and had previously
overflowed their banks;
(b) Contra Costa County failed to develop, design, require or demand
an adequate design and construction of a drainage system for
businesses and residents in the North Richmond area, and failed to
warn of impending flooding;
(c) Contra Costa County maintained and continues to maintain a
nuisance due to the inadequacy of drainage, creeks and other drainage
systems and, by its failure to maintain, control and repair same,
should be compelled to compensate claimant for damages and to take
all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County maintained and
continues to maintain a dangerous and defective condition of its
property;
(e) Contra Costa County was negligent or otherwise liable, including
acts and omissions which are presently unknown by the claimant.
ITEMIZATION OF DAMAGES:
( a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and the loss of real
and personal property and from the fear for personal safety in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant' s
family;
(h) Expense for medical services incurred in the treatment of
claimant's physical and emotional injuries;
(i ) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys ' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County to build,
repair and maintain the creeks and other drainage systems to prevent
future flooding;
( 1 ) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
nrclm.rpt
s,
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
TO: Contra Costa County
Clerk of the Board
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County.
1. The name and post office address of the claimant is:
Ronald J. Martin
1901 Golden Gate Avenue
Richmond, CA 94801
2. The address to which notices are to be sent is:
Jeanette K. Shipman
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL
280 Utah Street
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on February 14, 1986 at 1901 Golden Gate Avenue, Richmond,
California, and are described in "The Basis of the Claim" which is
attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County whose names and identities are not presently known to
claimant.
5. The amount of damages claimed is $1, 000, 000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant's damages is in the "Itemization of
Damages" which is attached hereto.
May 23, 19a6�,y��, C,
RECEIVED JEANE E K. SHIP AN
Attorney for Claimant
MAY 431966
y'
3507-C J J
vHiLB tCAELOR
LER AR SUVERV'g�pRS
TRA ST o' n
i
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 16 through
February 20, 1986, inclusive, as a direct result of the negligence,
carelessness and recklessness of Contra Costa County and its agents,
servants and employees as follows:
( a) Contra Costa County breached its duty to maintain, control,
repair and remove debris from Wildcat and San Pablo Creeks and San
Pablo Dam. Prior to said dates of damage, Contra Costa County knew
or should have known, and had actual and constructive notice that San
Pablo and Wildcat Creeks serve as a natural runoff and drainage
system for water flow created by seasonal rains and had previously
overflowed their banks;
(b) Contra Costa County failed to develop, design, require or demand
an adequate design and construction of a drainage system for
businesses and residents in the North Richmond area, and failed to
warn of impending flooding;
(c) Contra Costa County maintained and continues to maintain a
nuisance due to the inadequacy of drainage, creeks and other drainage
systems and, by its failure to maintain, control and repair same,
should be compelled to compensate claimant for damages and to take
all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County maintained and
continues to maintain a dangerous and defective condition of its
property;
(e) Contra Costa County was negligent or otherwise liable, including
acts and omissions which are presently unknown by the claimant.
ITEMIZATION OF DAMAGES:
( a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and from the fear for
personal safety and the loss of and real and personal property in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant' s
family;
(h) Expense for medical services incurred in the treatment of
claimant' s physical and emotional injuries;
(i) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys ' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County to build,
repair and maintain the creeks and other drainage systems to prevent
future flooding;
( 1 ) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
nrclm.rpt
° A M .E •.N .D. E D
�JARD Q IDPAt9I.lQtS Q ODSL QAf!'i. f:A1.Z�IA
AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNT-- igm
FLOOD CONTRj AND W TER CONSERV June 24, 1916
QeSa Qkid the-County. or Dis at s)jjN �! b !o is 201•'
governed by the Board of Supervis"t lbs copy
)touting kjorsamental and surd taboo or the notion taken ao Saw tY tae
Action. All Section references ars ward ar Suwdeors ftragrapa IT# below%
to California Government Codes given prsulat to Gove mwent Gods Notion W3
and Il5.1• !lease note au ftwuinp l tv(J""M
Qairats Jeffrey Martin ••
AtkrMs Jeanette K. Shipman MAY 3n 198r
Law offices of Sterns , Smith, Walker
Addresss & Grell WftL VA
280 Utah Street Hand delivered
Anamts San Francisco , CA 94103 By delivery to clerk an May 27 ,_ 1986
$1 , 000, 000 . 00+ ;
Date 11904111061 May 27 , 1986 by sail. postmarked an
. —Mork of Supervisors wl cowly
Attached is a copy of the above-noted alai•.
Dateds May 30, 1986 PM BATOMLDR. Clark. byrpthg
�o
FRE: y : morK
(Chock only one)
I 2bis claim oomplia substantially with Sections IMO and 110.2.
t ) This claim ?AIIS to comply substantially with Sections 910 and 910.29 meld wa ars
so notifying claimant, The Board cannot act for 15 days (Section 910.4).
( ) Qaim is not timely filed. Clerk abmdd return claim m ki?'c+ A that it was tiled
late and send warring of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Others
hated: e� SYsp Y ty
III. nOKs Clerk of the board IN (1) tY Corssal. (2) County Administrator
r
( ) Qain was returned as untimly with notice to claimant (,Rection 911.3)•
I9. BARD GikDlOt by unaniaoum Ate or Supervisor present
fYs ArnE�/O.ED
ZxI lilts clai Ls refected in full.
( ) Other: •
y
ad this dates a true correct copy the 'a en to
Dateds JUry 4 l 86 PM bAMELOR. Mork. By �--C . . Pnp y_ Clerk
UAW= (GOT. Oode asaticn ql9
subject to owtain esoepticasg you have Gay biz (6) wntns inm the date d this
lootioe was Pwwnally carved Or deposited is the •ail to We a court aotim ca tons
claim, see Govwvmant Code Seotim 915.6.
Tau My seek the Wdoe of an attorney of yaw choice in oonr»etion rite tlds
attar, It you want to oonaalt On att MwY. you &hmdd do so immediatelye
v. nm: Clerk or the board JD1 a) Oas:ty ft=as s (2) Caslty Administrator
Attached ar capias of tae above claim. W notified the olaiaaat at the boardts
action on this claim by •ailing a copy of this documentt and a 9=0 thereof nae been filed
and endorsed m the board's copy or this Claim in a000rdwm with Ssation 29703.
( ) A warning of claiamnt•s risbt to apply for leave to t • Lttt claim w sailed
tot.
UTM2 Tiff N Z n 1989 IM bU'QkF M. Clerk. ft ����— . Dscuty Qerk
1 Jib ..
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
TO: Contra Costa County Flood Control District
Contra Costa County
651 Pine Street
Room 106
e
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County Flood Control District.
1. The name and post office address of the claimant is:
Jeffrey Martin
1901 Golden Gate Avenue
Richmond, CA 94801 RECEIVED
2. The address to which notices are to be sent is
Jeanette K. Shipman MAY �� 1986
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL PHILSATCHELO�
B. RDO SUPERVISO
280 Utah Street � AAC AC
San Francisco, CA 94103 er
3. The circumstances which give rise to this claim occurred
on or about February 14, February 18 and March 10, 1986 at 1901
Golden Gate Avenue, Richmond, California, and are described in "The
Basis of the Claim" which is attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County Flood Control District whose names and identities are not
presently known to claimant.
5. The amount of damages claimed is $1,000,000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant's damages is in the "Itemization of
Damages" which is attached hereto.
May 26, 1986
JEANETTE K. SHIPMAN
Attorney for Claimant
3507-D
i
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 14 through
February 20, 1986, inclusive, and March 10, 1986, as a direct result
of the negligence, carelessness and recklessness of Contra Costa
County Flood Control District and its agents, servants and employees
as follows:
(a) Contra Costa County Flood Control District breached its duty to
maintain, control, repair and remove debris from Wildcat and San
Pablo Creeks and San Pablo Dam. Prior to said dates of damage,
Contra Costa County Flood Control District knew or should have known,
and had actual and constructive notice that San Pablo and Wildcat
Creeks serve as a natural runoff and drainage system for water flow
created by seasonal rains and had previously overflowed their banks;
(b) Contra Costa County Flood Control District failed to develop,
design, require or demand an adequate design and construction of a
drainage system for businesses and residents in the North Richmond
area, and failed to warn of impending flooding;
(c) Contra Costa County Flood Control District maintained and
continues to maintain a nuisance due to the inadequacy of drainage,
creeks and other drainage systems and, by its failure to maintain,
control and repair same, should be compelled to compensate claimant
for damages and to take all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County Flood Control
District maintained and continues to maintain a dangerous and
defective condition. of its property;
(e) Contra Costa County Flood Control District was negligent or
otherwise liable, including acts and omissions which are presently
unknown by the claimant.
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and the loss of real
and personal property and from the fear for personal safety in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant's
family;
s
(h) Expense for medical services incurred in the treatment of
claimant's physical and emotional injuries;
(i ) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys ' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County Flood Control
District to build, repair and maintain the creeks and other drainage
systems to prevent future flooding;
(1 ) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
nrclm.rpt
r
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
TO: Contra Costa County Flood Control District
Contra Costa County
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County Flood Control District.
1 . The name and post office address of the claimant is:
Jeffrey Martin
1901 Golden Gate Avenue
Richmond, CA 94801
2. The address to which notices are to be sent is:
Jeanette K. Shipman
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL
280 Utah Street
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on February 14, 1986 at 1901 Golden Gate Avenue, Richmond,
California, and are described in "The Basis of the Claim" which is
attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County Flood Control District whose names and identities are not
presently known to claimant.
5. The amount of damages claimed is $1, 000, 000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant' s damages is in the "Itemization of
Damages" which is attached hereto.
May 23, 1986 \
D. /y ------ ----- -----
RECEIVED JEANE E K. SHIP N
Attorney for Claimant
MAY X1986
3507-D0131
Dy�IL BATCHELOR
LERK 8888OARDOF RVISOR
h�Q N RA CO ACO.-\
B :. . .... . .. .L1 l'.
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 16 through
February 20, 1986, inclusive, as a direct result of the negligence,
carelessness and recklessness of Contra Costa County Flood Control
District and its agents, servants and employees as follows:
(a) Contra Costa County Flood Control District breached its duty to
maintain, control, repair and remove debris from Wildcat and San
Pablo Creeks and San Pablo Dam. Prior to said dates of damage,
Contra Costa County Flood Control District knew or should have known,
and had actual and constructive notice that San Pablo and Wildcat
Creeks serve as a natural runoff and drainage system for water flow
created by seasonal rains and had previously overflowed their banks;
(b) Contra Costa County Flood Control District failed to develop,
design, require or demand an adequate design and construction of a
drainage system for businesses and residents in the North Richmond
area, and failed to warn of impending flooding;
(c) Contra Costa County Flood Control District maintained and
continues to maintain a nuisance due to the inadequacy of drainage,
creeks and other drainage systems and, by its failure to maintain,
control and repair same, should be compelled to compensate claimant
for damages and to take all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County Flood Control
District maintained and continues to maintain a dangerous and
defective condition of its property;
(e) Contra Costa County Flood Control District was negligent or
otherwise liable, including acts and omissions which are presently
unknown by the claimant.
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and from the fear for
personal safety and the loss of and real and personal property in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant' s
family;
(h) Expense for medical services incurred in the treatment of
claimant' s physical and emotional injuries;
( i ) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County Flood Control
District to build, repair and maintain the creeks and other drainage
systems to prevent future flooding;
( 1 ) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
nrclm.rpt
AMENDED
man or or cow cosh comm cuaaierrs
BOARD A�
Claim Uaiert the County, or bistrtest �'!IM%" MAD W
June 24, ' 1986 '
governed by the Bayard of SupOIrvis O 220 Ow Oaf rola ppa,'aameaaT iilad AOra :s Par
Routing adorsanto# and Board action Of the action taken an las' Kala b! WO
Action. All Section referanose aro Board of Supervisors &WROXIeso I've belaw)v
to Califorrda Government Codes _ given pea saaant to GOTWyIDant Code S.otiaa 9113
and 515.4. Please acts all w tar dW e
Qaiaatats Jeffrey Martin COU*
Attorcaya Jeanette K. Shipman MAY 3 0 1986
Law offices of Sterns , Smith, Walker
Addraeas & Grel l ffbReL CA KM '%
280 Utah Street Hand delivered
Amounts San Francisco, .CA--= 94103 &1 dellvw7 tA Clerk an May 27 , 1986
$1 , 000, 000. 00+
Bate Beoaiveda May 27 , 1986 By Vail, poatns~ an
erk of the Board of Supervisors 208 y
Attached is a copy of the above-octad Chis. OP
Datsd:
May 3 1986 DTII. BATQEAR, Clark, By A�7
—Cathv Krf6wlLes
Me a County Counsel TDs Clark or the Board or Bupw%scra
(Check Only ant)
( )
7his claim campllw substantially with Sections 510 and 510.20
( ) This Claim FAILS to Comply substantially with Sections 510 and 510.29 WA w acre
so notifying claimant. The Board cannot act for 15 days (section 9110.8).
( ) Male is not timely filed. clerk should return claim on ground that it has ttled
laic and send xarni1 of claimaint'a right to apply for leave to present a late
claim (Section 911.3).
( ) Otbara
ossa: By: Deputy County counsel
111. : %ark of the Board `tea (1) Cotaaty Damsel, (2) County Administrator
r
( ) Clain was returned as wntinely with notice to claimant (Seoticn 9111.3).
111. Balla Gtr By a mudmous vote of Supervisors P'eeent
(x) !'lata Claim L rejected in full.
( ) Others
omrtLfy that this is a trace sa Correct copyof
eoard�s an L
ad or thia date. �✓/�
Dateds JUN 4 IgALff RAIL IVOMAP, Clerk, By _ /Y� . Deruty Clerk
YAV= (Wye Code Scotian 9113)
Subject to Certain eaceptiona, you nave only six (6) aosths h as the dots d dais
notice moa Pw=ally served Or deposited is the axil to life a Court aotian an this
elalmo See Goveramemt Code Session 945.6.
TCn nay seek the advioc of an attammy Cf your Choice to ooexaseticn rith tlds
aettar. if you mast to Consult an attQr1WY, lou should do 00 taIDediatalye
To nMS Clerk Cf the Board TDs CO Canny Damsels (2) Casty Administrator
Attad»d w oopias of the above Clain. We notified the claimant of the Board's
action an this claim by sailing a copy Cf this dooameat, and a am thersof has been filed
had eodoraed an the Bourd'a COW Cf this Clain in a000rdsnos with Seetien 291703.
( ) A gaming of claimant's right to aWy !br leave t a late Clain Was nailed
to aN'�
kTEDs 11 lqPR PEI S►TORIM, Mark. Or ��
. Deputy Clerk
' AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
TO: Contra Costa County
Clerk of the Board
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County.
1. The name and post office address of the claimant is:
Jeffrey Martin
1901 Golden Gate Avenue
Richmond, CA 94801 -C T�
2. The address to which notices are to be sent S. -- ED
Jeanette K. Shipman
LAW OFFICES OF MAY 311986
STERNS, SMITH, WALKER & GRELL
280 Utah Street g
San Francisco, CA 94103 ((� K AND 'UrA so
NTRA TAF
3. The circumstances which give rise to this claim occ ed
on or about February 14, February 18 and March 10, 1986 at 1901
Golden Gate Avenue, Richmond, California, and are described in "The
Basis of the Claim" which is attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County whose names and identities are not presently known to
claimant.
5. The amount of damages claimed is $1,000, 000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant's damages is in the "Itemization of
Damages" which is attached hereto.
May 26, 1986
JEANEnt K. SHIP
Attorney for Claimant
3507-D
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 14 through
February 20, 1986, inclusive, and March 10, 1986, as a direct result
of the negligence, carelessness and recklessness of Contra Costa
County and its agents, servants and employees as follows:
( a) Contra Costa County breached its duty to maintain, control,
repair and remove debris from Wildcat and San Pablo Creeks and San
Pablo Dam. Prior to said dates of damage, Contra Costa County knew
or should have known, and had actual and constructive notice that San
Pablo and Wildcat Creeks serve as a natural runoff and drainage
system for water flow created by seasonal rains and had previously
overflowed their banks;
(b) Contra Costa County failed to develop, design, require or demand
an adequate design and construction of a drainage system for
businesses and residents in the North Richmond area, and failed to
warn of impending flooding;
(c) Contra Costa County maintained and continues to maintain a
nuisance due to the inadequacy of drainage, creeks and other drainage
systems and, by its failure to maintain, control and repair same,
should be compelled to compensate claimant for damages and to take
all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County maintained and
continues to maintain a dangerous and defective condition of its
property;
(e) Contra Costa County was negligent or otherwise liable, including
acts and omissions which are presently unknown by the claimant.
ITEMIZATION OF DAMAGES:
( a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and the loss of real
and personal property and from the fear for personal safety in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant's
family;
(h) Expense for medical services incurred in the treatment of
claimant' s physical and emotional injuries;
I
(i ) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County to build,
repair and maintain the creeks and other drainage systems to prevent
future flooding;
( 1 ) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
nrclm.rpt
p.
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
TO: Contra Costa County
Clerk of the Board
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County.
1. The name and post office address of the claimant is:
Jeffrey Martin
1901 Golden Gate Avenue
Richmond, CA 94801
2. The address to which notices are to be sent is:
Jeanette K. Shipman
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL
280 Utah Street
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on February 14, 1986 at 1901 Golden Gate Avenue, Richmond,
California, and are described in "The Basis of the Claim" which is
attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County whose names and identities are not presently known to
claimant.
5. The amount of damages claimed is $1, 000, 000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant' s damages is in the "Itemization of
Damages" which is attached hereto.
May 23, 1 6
--- - ------
RECEIVED JEA-- TE K. SHI AN
Attorney for Claimant
MAY-a31986
3507-D Ly . 36
PHILBATCHELOR K 2!=CIGS R�ISORS
COST. . LIS
i
J i
i
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 16 through
February 20, 1986, inclusive, as a direct result of the negligence,
carelessness and recklessness of Contra Costa County and its agents,
servants and employees as follows:
(a) Contra Costa County breached its duty to maintain, control,
repair and remove debris from Wildcat and San Pablo Creeks and San
Pablo Dam. Prior to said dates of damage, Contra Costa County knew
or should have known, and had actual and constructive notice that San
Pablo and Wildcat Creeks serve as a natural runoff and drainage
system for water flow created by seasonal rains and had previously
overflowed their banks;
(b) Contra Costa County failed to develop, design, require or demand
an adequate design and construction of a drainage system for
businesses and residents in the North Richmond area, and failed to
warn of impending flooding;
(c) Contra Costa County maintained and continues to maintain a
nuisance due to the inadequacy of drainage, creeks and other drainage
systems and, by its failure to maintain, control and repair same,
should be compelled to compensate claimant for damages and to take
all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County maintained and
continues to maintain a dangerous and defective condition of its
property;
(e) Contra Costa County was negligent or otherwise liable, including
acts and omissions which are presently unknown by the claimant.
ITEMIZATION OF DAMAGES:
( a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
V
• CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and from the fear for
personal safety and the loss of and real and personal property in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant' s
family;
(h) Expense for medical services incurred in the treatment of
claimant 's physical and emotional injuries;
(i ) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys ' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County to build,
repair and maintain the creeks and other drainage systems to prevent
future flooding;
( 1 ) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
J
nrcim.rpt
AM .EN `DED
cr Q CAlyar
AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNT-am AM,
FLOOD CONTRA AND WTER CON SERV June 24, 191F6
claim wrhatt tbe-County, or Dismal
Bove: by the Board of Supwidsors, lbs copy s documer. SUL00i too PC L Par
Gloating RAorsee nts, and Board ootids of the action taken m las' slats by t!r
Action. All Section referenoea ars Board of ftordson D%r*SrNb IT, below),
to CalifoMia Qovernhoent Codes given pa'susnt to Government Cods Ssotim 913
and 915.1. Please note all swarniwcounty
f�aita:it: Herman E. Martin
Novo
Attohlssy: Jeanette K. Shipman MAY .3 0 1986
Law offices of Sterns , Smith, Walker
Addr•as, & Grell Niftuaww
280 Utah Street Hand delivered
Amount: San Francisco , CA 94103 By delivery to clerk an May 27 , 1986
$1 , 000, 000. 00+ `
tate Beoedwd: May 27 , 1986 By sail, postmarked an
: Mark Ef the FaFd o pe sora 20, Mrsmy Maio
Attached is a copy of the above-noted claim.
vated: May 30, 1986 PM 5fiTCH=, Clerk, By 1�7
: y : er sora
(Check only one)
( This claim complies substantially with Sections 910 WA %0e2.
( ) This olaiho ?AnZ to comply substantially with Sections 9110 and 90.2, tad we ars
so notifying claimant. The Board cannot act for 15 days (Section ¢10.6).
( ) Maim is not timely filed. Clerk should return claim an VVWA that it was tiled
late and send warning of claimant'& riot to apply for leave to present a late
alais (Section 911.3).
( ) Otbsr:
voted, By, RnY Mmtr
W. nMi Clerk of the Board 70: Cl) Coon y Counsel, (2) Comty Administrator
( ) Main woe returned as mtimely with notioe to claimant Motion 911.3).
IR. AxD am By manimous Ate of 9upervlws present
(x !kits ClaimP a rsjea in fWl.
( I Others
oerti y L"wt iRs Is a true onA correct copy of the Board's URW ehn is
ai for this date.
Dated, m 4 1986 *m, BATama, Mark, sy , papally Mark
VAkQ M (Dave Code Bsotim 913)
Snb3ect to certain esoeptions, kion have only 812 (6) months pram the date d lnia
notice was Powrrally sorvrd or deposited in the wall to file a cart aoticn aA tMa
allLDo ase 00veswwt Code Section 915.6.
You may seek the advice cc an attavey at lar choice in connee lot, with this
matter. If Tau rant to consult on attorney, lou ahmdd d0 so immedlatalye
T. nMi Mark of the Board TA: Cl) COuaty Oomsel, (2) Canty Administrator
attaahsd are copies of the obm Claim. We ratified the alaiatnt or the Board'a
action on this 01&12 by sailing a 00DY of this d0ftOnt tad a memo thereof has been filed
and ea:dorsed an the Board's copy of this Maim is aoao Vwm with Section 29703.
( ) A waraing of olatsantta right to apply for leavet a late
Claim wu wiled
to etlaiaant. -tom �/, p l
.nnn Qrrt
' r
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
TO: Contra Costa County Flood Control District
Contra Costa County
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County Flood Control District.
1. The name and post office address of the claimant is:
Herman E. Martin
1901 Golden Gate Avenue `
Richmond, CA 94801
RECEIVED
2. The address to which notices are to be sent is: -7
Jeanette K. Shipman MAY'S--/ len
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL PHIL BAT ELOA
280 Utah Street �4EAK8 0CF "°�`nS°
San Francisco, CA 94103 ey
3. The circumstances which give rise to this claim occurred
on or about February 14, February 18 and March 10, 1986 at 1901
Golden Gate Avenue, Richmond, California, and are described in "The
Basis of the Claim" which is attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County Flood Control District whose names and identities are not
presently known to claimant.
5. The amount of damages claimed is $1, 000, 000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant' s damages is in the "Itemization of
Damages" which is attached hereto.
May 26, 1986
TE--ANEM K. SHIP
Attorney for Claimant
3507-A
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 14 through
February 20, 1986, inclusive, and March 10, 1986, as a direct result
of the negligence, carelessness and recklessness of Contra Costa
County Flood Control District and its agents, servants and employees
as follows:
( a) Contra Costa County Flood Control District breached its duty to
maintain, control, repair and remove debris from Wildcat and San
Pablo Creeks and San Pablo Dam. Prior to said dates of damage,
Contra Costa County Flood Control District knew or should have known,
and had actual and constructive notice that San Pablo and Wildcat
Creeks serve as a natural runoff and drainage system for water flow
created by seasonal rains and had previously overflowed their banks;
(b) Contra Costa County Flood Control District failed to develop,
design, require or demand an adequate design and construction of a
drainage system for businesses and residents in the North Richmond
area, and failed to warn of impending flooding;
(c) Contra Costa County Flood Control District maintained and
continues to maintain a nuisance due to the inadequacy of drainage,
creeks and other drainage systems and, by its failure to maintain,
control and repair same, should be compelled to compensate claimant
for damages and to take all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County Flood Control
District maintained and continues to maintain a dangerous and
defective condition of its property;
(e) Contra Costa County Flood Control District was negligent or
otherwise liable, including acts and omissions which are presently
unknown by the claimant.
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and the loss of real
and personal property and from the fear for personal safety in the
event of future flooding;
(g) Loss of consortium of claimant' s spouse or partner due to
physical and emotional injuries;
(h) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant's
family;
( i) Expense for medical services incurred in the treatment of
claimant' s physical and emotional injuries;
(j ) Compensation for loss of time from employment, loss of income,
damage to goodwill and business reputation and loss of earning
capacity;
(k) Attorneys' fees incurred in recovering damages and equitable
relief for these losses;
( 1 ) Equitable relief requiring the Contra Costa County Flood Control
District to build, repair and maintain the creeks and other drainage
systems to prevent future flooding;
(m) Interest on expenses and damages; and
(n) Damages for other injuries which are not presently known.
nrcim.rpt
r
r
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
TO: Contra Costa County Flood Control District
Contra Costa County
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County Flood Control District.
1. The name and post office address of the claimant is:
Herman E. Martin
1901 Golden Gate Avenue
Richmond,, CA 94801
2. The address .to which notices are to be sent is:
Jeanette K. Shipman
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL
280 Utah Street
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on February 14, 1986 at 1901 Golden Gate Avenue, Richmond,
California, and are described in "The Basis of the Claim" which is
attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County Flood Control District whose names and identities are not
presently known to claimant.
5. The amount of damages claimed is $1,000,000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant' s damages is in the "Itemization of
Damages" which is attached hereto.
May 23, 1986
RECEIVED JEANEF E K. SHIP N
Attorney for Claimant
MAY 2 31°85
3507-A , o O
PHIL BATCHEII.0A
G�ERKCBQ�j1�]q�DA COST141VISORS
By .... . .. >"`AWN
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and .personal, on or about February 16 through
February 20, 1986, inclusive, as a direct result of the negligence,
carelessness and recklessness of Contra Costa County Flood Control
District and its agents, servants and employees as follows:
(a) Contra Costa County Flood Control District breached its duty to
maintain, control, repair and remove debris from Wildcat and San
Pablo Creeks and San Pablo Dam. Prior to said dates of damage,
Contra Costa County Flood Control District knew or should have known,
and had actual and constructive notice that San Pablo and Wildcat
Creeks serve as a natural runoff and drainage system for water flow
created by seasonal rains and had previously overflowed their banks;
(b) Contra Costa County Flood Control District failed to develop,
design, require or demand an adequate design and construction of a
drainage system for businesses and residents in the North Richmond
area, and failed to warn of impending flooding;
(c) Contra Costa County Flood Control District maintained and
continues to maintain a nuisance due to the inadequacy of drainage,
creeks and other drainage systems and, by its failure to maintain,
control and repair same„ should be compelled to compensate claimant
for damages and to take all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County Flood Control
District maintained and continues to maintain a dangerous and
defective condition of its property;
(e) Contra Costa County Flood Control District was negligent or
otherwise liable, including acts and omissions which are presently
unknown by the claimant.
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personalproperty, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and from the fear for
personal safety and the loss of and real and personal property in the
event of future flooding;
(g) Loss of consortium of claimant' s spouse or partner due to
physical and emotional injuries;
(h) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant's
family;
( i ) Expense for medical services incurred in the treatment of
claimant 's physical and emotional injuries;
(j ) Compensation for loss of time from employment, loss of income,
damage to goodwill and business reputation and loss of earning
capacity;
(k) Attorneys' fees incurred in recovering damages and equitable
relief for these losses;
( 1 ) Equitable relief requiring the Contra Costa County Flood Control
District to build, repair and maintain the creeks and other drainage
systems to prevent future flooding;
(m) Interest on expenses and damages; and
(n) Damages for other injuries which are not presently known.
nrclm.rpt
OLAIN
Bdw� Ot SUPfio aw er Cam Mn COD me CAI.Zr'Ot n
main wilt the OwAy.ior bistriet � � �, June 24, 1986 '
Aove:asQ by the Board of Superviaers, Tw copy Cr eua document sauced toyoa L Par
loutins Dow same toI and Board sotice of the action taken an your Kars try tha
Action. All Section referenoas we Board of &''K� w
Owwrao Ve w )v
to California ttovermwnt Codes given pursuant to Qovertment Cods section 113
and 915.4. Blease nota all Wdarai o
Clai mtt Herman E. Martin f„7 r01 MI
Attolm"s Jeanette K. Shipman
Law offices of Sterns , Smith, Walker MAY $Q 1986
Addra wt & Grell
280 Utah Street Hand delivered
Asotmts San Francisco , CA 9:41-03 �► deliwt7 to olsMc on May 27 , 1986
$1 , 000, 000. 00+ ;.
Date 100101"ds May 27 , 1986 By sail• pceturked an
M. ark if M EZR of Nper-dWrt 103 a6rziry OiRm
Attached is a copy of the above-noted olatm.
lateds _ May 30, 1986 ."M NATO". Clark, Dy
nth tyles
PER: CiEty s Clark of the Boaril of
(Check only one)
0 Tics claim complies substantially with Sections 910 and 910.2.
( ) This Claim TAMS to comply substantially with Sections 910 and 910.29 and M ars
so notifying claimant. The Board cannot act for 15 days (section 910.0.
C ' Claim is not timely filed. Clerk should return claim an rvund that it was filed
late and send wanting of claimant's riot to apply for leave to present a late
Claim (,Section 911.3).
C ) WWI
!*tees C> t By: putt MEff
III. 711C : Clerk of the Board 701 CO C Tnty Coonsal, (2) County Administrstar
( Main was returned as untimely with notice to claimant (Sectim 911.3).
I11. BDAIKD tfm4R By unanimous vote of Supervisors present
AS AfJ4VdE1�
t)C� dila olai Is rejected in full.
t 8 Others
Our-Uty that this In a true oorreet Copy of Boardos ea is
41986is � BATomm, Clark, Bre►
t9ated: - . Deputy Clerk
VAaa M (aov, coda section 913)
Object to certain exceptions, you nava only six (6) sontha fr® tha date or Ws
botioe was personally caved or deposited in the sail to file a Cart WUC4 on !Ads
slats, ase Covarment Cods Section "5.6.
You say seek the• advice of an attarngy of yah &soio10 in oojVw Ice with this
natter. If you rant to oonmdt an attorney, you aharld do so immediately.
V. nM: Clark of the Board IlDs a) Oaarty Oas»al, (2) Oassty Admiaistmter
Attached are copies of the above Clatm. We notlfied the claimant Cf the Board's
action an this claim by sailing a Copy of this dwaent, and a mw Wwraof bu been filed
and adcrsed on the Board's Dopy of this Claim in aeoordanoe with asetim 29703.
( ) A Morto ning Cf olalsantes right to �y r. 1mve to pmt a late claim w sailed
JU
N 3 A 14AR M UTOELOR a Clark, By_ CJS � / nsputy Clerk
9
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
TO: Contra Costa County
Clerk of the Board
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County.
1 . The name and post office address of the claimant is:
Herman E. Martin
1901 Golden Gate Avenue
Richmond, CA 94801 rM
ED2. The address to which notices are to be sent is:Jeanette K. Shipman
LAW OFFICES OF AY '1�1986
STERNS, SMITH, WALKER & GRELL
280 Utah Street 4occurre
A��t ao�oSan Francisco, CA 941033. The circumstances which give rise to this claim
on or about February 14, February 18 and March 10, 1986 at 1901
Golden Gate Avenue, Richmond, California, and are described in "The
Basis of the Claim" which is attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County whose names and identities are not presently known to
claimant.
5. The amount of damages claimed is $1, 000, 000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant' s damages is in the "Itemization of
Damages" which is attached hereto.
May 26, 1986
JEAN nE K. SHIP(4N
Attorey for Claimant
3507-A
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 14 through
February 20, 1986, inclusive, and March 10, 1986, as a direct result
of the negligence, carelessness and recklessness of Contra Costa
County and its agents, servants and employees as follows:
( a) Contra Costa County breached its duty to maintain, control,
repair and remove debris from Wildcat and San Pablo Creeks and San
Pablo Dam. Prior to said dates of damage, Contra Costa County knew
or should have known, and had actual and constructive notice that San
Pablo and Wildcat Creeks serve as a natural runoff and drainage
system for water flow created by seasonal rains and had previously
overflowed their banks;
(b) Contra Costa County failed to develop, design, require or demand
an adequate design and construction of a drainage system for
businesses and residents in the North Richmond area, and failed to
warn of impending flooding;
(c) Contra Costa County maintained and continues to maintain a
nuisance due to the inadequacy of drainage, creeks and other drainage
systems and, by its failure to maintain, control and repair same,
should be compelled to compensate claimant for damages and to take
all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County maintained and
continues to maintain a dangerous and defective condition of its
property;
(e) Contra Costa County was negligent or otherwise liable, including
acts and omissions which are presently unknown by the claimant.
ITEMIZATION OF DAMAGES:
( a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and the loss of real
and personal property and from the fear for personal safety in the
event of future flooding;
(g) Loss of consortium of claimant' s spouse or partner due to
physical and emotional injuries;
(h) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant' s
family;
( i) Expense for medical services incurred in the treatment of
claimant' s physical and emotional injuries;
(j ) Compensation for loss of time from employment, loss of income,
damage to goodwill and business reputation and loss of earning
capacity;
(k) Attorneys' fees incurred in recovering damages and equitable
relief for these losses;
( 1 ) Equitable relief requiring the Contra Costa County to build,
repair and maintain the creeks and other drainage systems to prevent
future flooding;
(m) Interest on expenses and damages; and
(n) Damages for other injuries which are not presently known.
nrclm.rpt
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
TO: Contra Costa County
Clerk of the Board
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County.
1. The name and post office address of the claimant is:
Herman E. Martin
1901 Golden Gate Avenue
Richmond, CA 94801
2. The address to which notices are to be sent is:
Jeanette K. Shipman
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL
280 Utah Street
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on February 14, 1986 at 1901 Golden Gate Avenue, Richmond,
California, and are described in "The Basis of the Claim" which is
attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County whose names and identities are not presently known to
claimant.
5. The amount of damages claimed is $1,000,000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant' s damages is in the "Itemization of
Damages" which is attached hereto.
May 23, 1986 L ,
RECEIVED ----- SHI K.K
TE
---------
JEA AN
Attorney for C1 imant
MAY a', IocG
Wo0
3507-A P BAT C ELOR
qLEAK D OG PFRVISORS
V.
C 1 YRA CO jA�CQ�
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 16 through
February 20, 1986, inclusive, as a direct result of the negligence,
carelessness and recklessness of Contra Costa County and its agents,
servants and employees as follows:
(a) Contra Costa County breached its duty to maintain, control,
repair and remove debris from Wildcat and San Pablo Creeks and San
Pablo Dam. Prior to said dates of damage, Contra Costa County knew
or should have known, and had actual and constructive notice that San
Pablo and Wildcat Creeks serve as a natural runoff and drainage
system for water flow created by seasonal rains and had previously
overflowed their banks;
(b) Contra Costa County failed to develop, design, require or demand
an adequate design and construction of a drainage system for
businesses and residents in the North Richmond area, and failed to
warn of impending flooding;
(c) Contra Costa County maintained and continues to maintain a
nuisance due to the inadequacy of drainage, creeks and other drainage
systems and, by its failure to maintain, control and repair same,
should be compelled to compensate claimant for damages and to take
all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County maintained and
continues to maintain a dangerous and defective condition of its
property;
(e) Contra Costa County was negligent or otherwise liable, including
acts and omissions which are presently unknown by the claimant.
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
• P
QLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and from the fear for
personal safety and the loss of and real and personal property in the
event of future flooding;
(g) Loss of consortium of claimant's spouse or partner due to
physical and emotional injuries;
(h) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant's
family;
(i) Expense for medical services incurred in the treatment of
claimant's physical and emotional injuries;
(j ) Compensation for loss of time from employment, loss of income,
damage to goodwill and business reputation and loss of earning
capacity;
(k) Attorneys' fees incurred in recovering damages and equitable
relief for these losses;
(1 ) Equitable relief requiring the Contra Costa County to build,
repair and maintain the creeks and other drainage systems to prevent
future flooding;
(m) Interest on expenses and damages; and
(n) Damages for other injuries which are not presently known.
nrclm.rpt
-------------
BARD Q wmPIm Q AW =Tjk W=. cam"M
Main Against the Oassty, or District omm TO
June 24, • 1986 '
governed by the Soar4 of Supe• so copy ed to �vn L Par
pouting woorsements, and Board Notice of tae action takes an yae slain b! t!e
Action. All Section referenoas ars Board of Superd"rs Ver'aormh 17. bdm)•
to California Govermmnt Codas given pesrsusnt to Government Coss Dsotian 113
Daniel James Martin, a minor 915.4. PIM" note all share eco
Ciaisants COURW Ce"
AtL=IM8 Jeanette K. Shipman MAY 3 0 1986
Law offices of Sterns , Smith, Walker
Addreass & Grell L
280 Utah Street Hand delivered
A owls San Francisco , CA 2410 By delivery to clerk an May 27 , 1986
$1 , 000, 000. 00+ :
Date 10001"68 May 27, 1986 By sail• postmarked an
VW: ark Ef OW Board o pe sora 261 OREVY
Attached is a copy of the above-noted dials.
nateds May 30. 1486 P M BATMELOR, Clark, By
ath Knowles
: y cciwol TDs GLGrk of the BOLM Cc NWROV,
(Check ally ane)
This claim oomplies substantially With Sections 910 aged 910.2.
( ) This claim PAW to orap'3y substantially With Sections 920 aged 910.2, and We are
so notify-Ing s laimmant. The Board cannot act for 15 days (Section 9110.0.
( ) Claim is not timely tiled. Clerk should return claim an ground that it was tiled
late and send warns.n� of claimant's right to apply for leave to present a late
claim (Section 911.3).
C ) Others
nateds By: -n ]XPAY ty
III. nM& Clerk of the Board TOs (1) ty Castsel, (2) County Administmtor
( ) Main Was returned as untimely With notice to claimant (Section 9141.3).
Iv, BOW GimER BY essa dom s vote of Supervisors prrsent
/�S AntF�v�-d
(1�) lhis claim is rejected in fuu
( ) Othees
oartitj that this Is a true and correct copy 's order son is
mdnut" for this date.
Dstede JUN 2 4 1986 PM UTMMM9 Clarks By _ - �lc,� . �pcty Clerk
lvdb�YA1aM (Gov. Cc& Section 913)
Object to certain ezooptiaas, you nave only aiz (6) soothe firm the date or tats
Voice was pecsWAUY served or deposited in the sail to file a wart sotian an this
alms. ass Govarrs 0101, Cods Section 945.6.
Tau my seek the advice of an attomW of yah aaoios in Ga.= Ion with this
latter. If you want tc Ommat an attorneY, yvu shoald do so immediately.
•. ilial: Mark of the Board IN (1) OmMty Oounsel, (2) County Administrator
Attached are copies of the above c3atm. We notified the claimant of the Board's
action an this claim by sailing a copy of this docuaent, and a memo thereof has been tiled
and eedw"d wn the Board's copy Of this Claim in a000rdanoe with lection 29703-
( ) A warning of elaiment's right to apply for leave to Fmamt a late claim vias wiled
to%Two g 11986 l �I . BlTdzffi �, ,
Aii, Clerk, By _ . Deputy Clerk
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
TO: Contra Costa County
Clerk of the Board
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County.
1. The name and post office address of the claimant is:
Daniel James Martin, a minor
By and Through a Guardian Ad Litem
1901 Golden Gate Avenue
Richmond, CA 94801
2. The address to which notices are to be sent is:
Jeanette K. Shipman
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL
280 Utah Street
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on February 14, 1986 at 1901 Golden Gate Avenue, Richmond,
California, and are described in "The Basis of the Claim" which is
attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County whose names and identities are not presently known to
claimant.
5. The amount of damages claimed is $1,000, 000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant's damages is in the "Itemization of
Damages whic is attached , ereto.
May 23, 1986
11 RECEIVED ------ - - -----
JEANET K. SHIPM
MAY a3 tqe,. Attorn for Claimant
P 1L SATC OR
3507-F ��EA" ROOFS RVISORS
7RA COSp CO.
f
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 16 through
February 20, 1986, inclusive, as a direct result of the negligence,
carelessness and recklessness of Contra Costa County and its agents,
servants and employees as follows:
'( a) Contra Costa County breached its duty to maintain, control,
repair and remove debris from Wildcat and San Pablo Creeks and San
Pablo Dam. Prior to said dates of damage, Contra Costa County knew
or should have known, and had actual and constructive notice that San
Pablo and Wildcat Creeks serve as a natural runoff and drainage
system for water flow created by seasonal rains and had previously
overflowed their banks;
(b) Contra Costa County failed to develop, design, require or demand
an adequate design and construction of a drainage system for
businesses and residents in the North Richmond area, and failed to
warn of impending flooding;
(c) Contra Costa County maintained and continues to maintain a
nuisance due to the inadequacy of drainage, creeks and other drainage
systems and, by its failure to maintain, control and repair same,
should be compelled to compensate claimant for damages and to take
all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County maintained and
continues to maintain a dangerous and defective condition of its
property;
(e) Contra Costa County was negligent or otherwise liable, including
acts and omissions which are presently unknown by the claimant.
ITEMIZATION OF DAMAGES:
( a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and from the fear for
personal safety and the loss of and real and personal property in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant' s
family;
(h) Expense for medical services incurred in the treatment of
claimant' s physical and emotional injuries;
( i) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys ' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County to build,
repair and maintain the creeks and other drainage systems to prevent
future flooding;
( 1 ) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
nrcim.rpt
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
TO: Contra Costa County
Clerk of the Board
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County.
1. The name and post office address of the claim It is• kn
Daniel James Martin, a minor
By and Through a Guardian Ad Litem
1901 Golden Gate Avenue RECEIVED
Richmond, CA 94801
2: The address to which notices are to be sent i MAY a0 1985
Jeanette K. Shipman
LAW OFFICES OF PNIL TCNELOR
CL AR OF STERNS, SMITH, WALKER & GRELL NT AAwtsT�AAC0.ne1�j�
280 Utah Street W '�'•`��r
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on or about February 14, February 18 and March 10, 1986 at 1901
Golden Gate Avenue, Richmond, California, and are described in "The
Basis of the Claim" which is attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County whose names and identities are not presently known to
claimant.
5. The amount of damages claimed is $1, 000, 000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant's damages is in the "Itemization of
Damages" which is attached hereto.
May 26, 1986
JEANEtTt K. SHIP
Attorney for Claimant
3507-F
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 14 through
February 20, 1986, inclusive, and March 10, 1986, as a direct result
of the negligence, carelessness and recklessness of Contra Costa
County and its agents, servants and employees as follows:
( a) Contra Costa County breached its duty to maintain, control,
repair and remove debris from Wildcat and San Pablo Creeks and San
Pablo Dam. Prior to said dates of damage, Contra Costa County knew
or should have known, and had actual and constructive notice that San
Pablo and Wildcat Creeks serve as a natural runoff and drainage
system for water flow created by seasonal rains and had previously
overflowed their banks;
(b) Contra Costa County failed to develop, design, require or demand
an adequate design and construction of a drainage system for
businesses and residents in the North Richmond area, and failed to
warn of impending flooding;
(c) Contra Costa County maintained and continues to maintain a
nuisance due to the inadequacy of drainage, creeks and other drainage
systems and, by its failure to maintain, control and repair same,
should be compelled to compensate claimant for damages and to take
all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County maintained and
continues to maintain a dangerous and defective condition of its
property;
(e) Contra Costa County was negligent or otherwise liable, including
acts and omissions which are presently unknown by the claimant.
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional 'living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and the loss of real
and personal property and from the fear for personal safety in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant's
family;
(h) Expense for medical services incurred in the treatment of
claimant' s physical and emotional injuries;
(i ) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County to build,
repair and maintain the creeks and other drainage systems to prevent
future flooding;
( 1 ) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
nrcim.rpt
Imttfl A �ft+t�tti/T S Cr cow aatA CCUNR. ClLVQ= �
AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNT
FLOOD CONTRQL ANS W TER CONSERV June 24, 19A
Main Assent tbe�ty, or Dista a is
governed by the board of Supervis"s !ba cop? • Gocumanz mmaxec to YOU is scar
hloutin g wdocsamenta, and Board motion of the action wase an par GUN by tbs
Action. All Section refarenm ora Board of Supervisors oparav4o IT. !slaw)
to California 0overnment CodasNEW given pursuant to Government Cad• Section &3
and 925.6. Clew nota all e1kratwe
Maimentl Daniel James Martin, a mYnor COIJR
AttamWt Jeanette K. Shipman MAY Z o.1886
Law offices of Sterns , Smith, Walker
Addreast & Grell
280 Utah Street Hand delivered
Amounts San Francisco , CA 94103 By delivery to Clark w May 27 , 1986
$1, 000, 000. 00+
Date 200101900: May 27 , 198 6 By sail• pcetmwftd M
---Mork o pe say lot y
Attaaled is a copy of the above-noted claim.
Oateds _May 30, 1986 RUL BATCHELOR, Clark, By - pal
Me = y t er '
(Cheek only one)
(4 'Bees claim complies substantially with Sections 310 and 940.2.
( ) !his claim fAn.S to comply substantially with Sections 910 and ¢10.29 Mid M ars
so notifying claimant. The Board cannot act for 15 days Motion 1110.d).
( ) Maim is not timely filed. Clerk should return claim on Paced that 1t was filed
late and send warning of claimant's riot to apply for have to prwant a late
claim (Section 911.3).
( ) Others
bated: putt Comti
III. ftM: Clark of the board m Cl) County Cm••l, (2) County Administra w
( ) Maim was returned as untimely with notice to claimant (Section 921.3).
IT. >f0m am By Wuaimous Vote cc Supervisor present
A5 442rA1zkfZ5
(X) !'his dia is rejected in full.
( ) others
Ow*tLfy that iEs Is a true 6M correct oopq 'a
ssnutes tot this dote.
Dated: JUN 2 4 12AL..jPPFM �Bfh�1'fwC�FMLOP 9 Mark, By �1.�l . newts QeNc
UA>R = (0ov. Code >lsotim 113)
sub3eot to contain esoeptioca, you save only six (6) aonths from the date or mts
motive Nu pes"sonally saved Or deposited is the mail to file a court wtian co this
slams. See 00varameot Code Seoticn 915.6.
You say seek the advice of an attammy of your ahciao 1n exsection witb this
!attar. If you want to consult an attorney, you should do so isoediately.
T. !gals Mark of the Board ms Q) Casty poawl9 (2) County Administrator
Attaoled. am copies of the above claim. Ile notified the elaisant Cr the Doardjs
action on this claim by sailing a Copy of this document anwof d a memo thbe, sena filed
and endorsed ase the Board's copy cc this Maim in s000rdenoe with Ssation 29703•
( ) A warning cf claimant's riot to apply fbr Ivan to tto laqm • late claim was sailed
VATID: M JUN 2 0�$� !ll?L UTOMLOR a Clerk• lay Com. `7��
-�-- - �s pRPUnY Clerk
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
TO: Contra Costa County Flood Control District
Contra Costa County
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County Flood Control District.
1. The name and post office address of the claimant
Daniel James Martin, a minor
By and Through a Guardian Ad Litem
1901 Golden Gate Avenue RECEIVED
Richmond, CA 94801
2. The, address to which notices are to be sent is: MAY '�� 19$6
Jeanette K. Shipman
LAW OFFICES OF PHILBAT H L0R
STERNS, SMITH, WALKER & GRELL FA�8�1ao PeRviso
�d( TRA C TA C . ..
280 Utah Street
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on or about February 14, February 18 and March 10, 1986 at 1901
Golden Gate Avenue, Richmond, California, and are described in "The
Basis of the Claim" which is attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County Flood Control District whose names and identities are not
presently known to claimant.
5. The amount of damages claimed is $1, 000, 000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant's damages is in the "Itemization of
Damages" which is attached hereto.
May 26, 1986
JEANE K. SHIPDfbN
Attorney for Claimant
3507-F
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 14 through
February 20, 1986, inclusive, and March 10, 1986, as a direct result
of the negligence, carelessness and recklessness of Contra Costa
County Flood Control District and its agents, servants and employees
as follows:
(a) Contra Costa County Flood Control District breached its duty to
maintain, control, repair and remove debris from Wildcat and San
Pablo Creeks and San Pablo Dam. Prior to said dates of damage,
Contra Costa County Flood Control District knew or should have known,
and had actual and constructive notice that San Pablo and Wildcat
Creeks serve as a natural runoff and drainage system for water flow
created by seasonal rains and had previously overflowed their banks;
(b) Contra Costa County Flood Control District failed to develop,
design, require or demand an adequate design and construction of a
drainage system for businesses and residents in the North Richmond
area, and failed to warn of impending flooding;
(c) Contra Costa County Flood Control District maintained and
continues to maintain a nuisance due to the inadequacy of drainage,
creeks and- other drainage systems and, by its failure to maintain,
control and repair same, should be compelled to compensate claimant
for damages and to take all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County Flood Control
District maintained and continues to maintain a dangerous and
defective condition of its property;
(e) Contra Costa County Flood Control District was negligent or
otherwise liable, including acts and omissions which are presently
unknown by the claimant.
ITEMIZATION OF DAMAGES:
( a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and the loss of real
and personal property and from the fear for personal safety in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant's
family;
(h) Expense for medical services incurred in the treatment of
claimant' s physical and emotional injuries;
(i ) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys ' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County Flood Control
District to build, repair and maintain the creeks and other drainage
systems to prevent future flooding;
(1 ) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
nrcim.rpt
• r .
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
TO: Contra Costa County Flood Control District
Contra Costa County
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County Flood Control District.
1. The name and post office address of the claimant is:
Daniel James Martin, a minor
By and Through a Guardian Ad Litem
1901 Golden Gate Avenue
Richmond, CA 94801
2. The address to which notices are to be sent is:
Jeanette K. Shipman
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL
280 Utah Street
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on February 14, 1986 at 1901 Golden Gate Avenue, Richmond,
California, and are described in "The Basis of the Claim" which is
attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County Flood Control District whose names and identities are not
presently known to claimant.
5. The amount of damages claimed is $1, 000, 000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant's damages is in the "Itemization of
Damages" which is attached hereto.
May 23, 1 6 p
JEANS -KIPM
RECEIVED Attorney for Claimant
mAYa3 �Q�s
3507-FPHI gnTc e�oa
ERK g OF UPFAVISOR
ACOS O
gY .. ... (V� .
I
1
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 16 through
February 20, 1986, inclusive, as a direct result of the negligence,
carelessness and recklessness of Contra Costa County Flood Control
District and its agents, servants and employees as follows:
O
-( a) Contra Costa County Flood Control District breached its duty to
maintain, control, repair and remove debris from Wildcat and San
Pablo Creeks and San Pablo Dam. Prior to said dates of damage,
Contra Costa County Flood Control District knew or should have known,
and had actual and constructive notice that San Pablo and Wildcat
Creeks serve as a natural runoff and drainage system for water flow
created by seasonal rains and had previously overflowed their banks;
(b) Contra Costa County Flood Control District failed to develop,
design, require or demand an adequate design and construction of a
drainage system for businesses and residents in the North Richmond
area, and failed to warn of impending flooding;
(c) Contra Costa County Flood Control District maintained and
continues to maintain a nuisance due to the inadequacy of drainage,
creeks and other drainage systems and, by its failure to maintain,
control and repair same, should be compelled to compensate claimant
for damages and to take all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County Flood Control
District maintained and continues to maintain a dangerous and
defective condition of its property;
(e) Contra Costa County Flood Control District was negligent or
otherwise liable, including acts and omissions which are presently
unknown by the claimant.
ITEMIZATION OF DAMAGES:
( a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, -income and repair expense;
(c) Expense of preventing further damage from future flooding;
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and from the fear for
personal safety and the loss of and real and personal property in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant's
family;
(h) Expense for medical services incurred in the treatment of
claimant 's physical and emotional injuries;
(i ) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County Flood Control
District to build, repair and maintain the creeks and other drainage
systems to prevent future flooding;
( 1 ) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
nrclm.rpt
A M'E• N D E D
BARD OF S0P67tYI. Q dM0031'1 uum. CALLA
main �� the dye er 8istriat Cr/l0�'iV C1LMW June 24, 1986
Rove79ed by the Board of Supwvisars, The am s to Por
Routing Z'dorsamrr is t and Board aotioe of the action taken on jour p1aL by the
Action. All Section referanoes ars loam at supervisors awwrq* IT, Oslov)•
to California GovernImt Codas given pursuant to Govw meat Cods seotlan 313
cad 315.6. Flom bots all Id rnbwn*
Clai�t, Catherine A. Martin ••
Attorney, Jeanette K. Shipman MAY 80 1986
Law offices of Sterns, Smith, Walker
Address, & Grell
280 Utah Street Hand delivered �' •
mat, San Francisco, CA- 94-1-03 By delivery to clerk w May 27 , 1986
$1 , 000, 000 . 00+ ; .
Date Beosived: May 27 , 1986 by mail a Postmarked m
M. tff erk Ef the Board of Supervisors : MaREY Maio
Attached is a copy of the above-noted claim.
Elated, may �0 . -12,UR L SI OMLOR 9 Clarke By • pity
ath wles
FACM: county : Mark a Me Board of 34was"
(Cheek only ane:)
tO 7Ws claim complies substantially with Sections 310 end 310.2.
( ) This claim FAILS to o®ply substantially with Sections 310 and 320.29 and we ane
so notifying claimant. The Board ounnot act for 15 days GSection 310A).
( ) Claim is not timely filed. +clerk should return claim an gro" that it was filed
late and send wrarning of claimant's right to apply for leave to present a late
Claim (section 911.3).
( ) Other,
Dated: By: 777puty ty
We nCH: Qerk of the Board 70: Cl) ty Counsele (2) County Administrator
•
( I Maim was returned as untimely with active to claimant (Section 311.3).
I9, MAD By unanimous vote of Supervisors pmsent
406
(X) This alaim is rejected 1n full.
( I Other:
cert, y that this is a true im oorreot copy of Board's OROF en is
mi for this date.
hated, JIJN 2 4 Iqqg hon. 9 Clarks I . Deptny Clerk
YAV= (0or. Code section IM3)
Sub3set to osrtain esoepticws you have only six (6) months from the date ce acts
botioe was persornliy served or deposited in the wall to file a court action en this
claw. Des Govarmaot Code 3ectiao 35.6.
Tbu way seek the advice of an attorney of you' choice in connection sdth tura
aattar. If you want to Owmat an attorneY9 yoti &*=dd do so immediately.
•. FM: Mark of the Board V: Cl) County Ocu»el, (2) County Administrator
Attached ars copies of the above plata. ye bottfied the plaiaant of the DooMwo
action an this claim by aailing a copy of this doonanent, wd a memo thereof has been filed
and endorsed an the Boardts copy of this Claim in a000rdarwe with ssetien 29T03.
( ) A varatng of6 • Meant to apply rw leave t a late plata waw sailed
`
k►T®:�� \�? n , slTQigj,OR a Mark, By �� qgpy Clerk
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
TO: Contra Costa County
Clerk of the Board
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County.
1. The name and post office address of the claiman
Catherine A. Martin
1901 Golden Gate Avenue RECEIVED
Richmond, CA 94801
2. The address to which notices are to be sent is: MAY al 1986
Jeanette K. Shipman
LAW OFFICES OF PM1L T MELOR
STERNS, SMITH, WALKER & GRELL L ip UDERYI RS
280 Utah Street a
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on or about February 14, February 18 and March 10, 1986 at 1901
Golden Gate Avenue, Richmond, California, and are described in "The
Basis of the Claim" which is attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County whose names and identities are not presently known to
claimant.
5. The amount of damages claimed is $1,000,000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant's damages is in the "Itemization of
Damages" which is attached hereto.
May 26, 1986
JEAN P
Atto ey for C1aWnant
3507-8
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 14 through
February 20, 1986, inclusive, and March 10, 1986, as a direct result
of the negligence, carelessness and recklessness of Contra Costa
County and its agents; servants and employees as follows:
( a) Contra Costa County breached its duty to maintain, control,
repair and remove debris from Wildcat and San Pablo Creeks and San
Pablo Dam. Prior to said dates of damage, Contra Costa County knew
or should have known, and had actual and constructive notice that San
Pablo and Wildcat Creeks serve as a natural runoff and drainage
system for water flow created by seasonal rains and had previously
overflowed their banks;
(b) Contra Costa County failed to develop, design, require or demand
an adequate design and construction of a drainage system for
businesses and residents in the North Richmond area, and failed to
warn of impending flooding;
(c) Contra Costa County maintained and continues to maintain a
nuisance due to the inadequacy of drainage, creeks and other drainage
systems and, by its failure to maintain, control and repair same,
should be compelled to compensate claimant for damages and to take
all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County maintained and
continues to maintain a dangerous and defective condition of its
property;
(e) Contra Costa County was negligent or otherwise liable, including
acts and omissions which are presently unknown by the claimant.
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and the loss of real
and personal property and from the fear for personal safety in the
event of future flooding;
(g) Loss of consortium of claimant' s spouse or partner due to
physical and emotional injuries;
(h) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant's
family;
( i ) Expense for medical services incurred in the treatment of
claimant 's physical and emotional injuries;
(j ) Compensation for loss of time from employment, loss of income,
damage to goodwill and business reputation and loss of earning
capacity;
(k) Attorneys' fees incurred in recovering damages and equitable
relief for these losses;
( 1 ) Equitable relief requiring the Contra Costa County to build,
repair and maintain the creeks and other drainage systems to prevent
future flooding;
(m) Interest on expenses and damages; and
(n) Damages for other injuries which are not presently known.
nrclm.rpt
r
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
TO: Contra Costa County
Clerk of the Board
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant •to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County.
1 . The name and post office address of the claimant is:
Catherine A. Martin
1901 Golden Gate Avenue
Richmond, CA 94801
2. The address to which notices are to be sent is:
Jeanette K. Shipman
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL
280 Utah Street
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on February 14, . 1986 at 1901 Golden Gate Avenue, Richmond,
California, and are described in "The Basis of the Claim" which is
attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County whose names and identities are not presently known to
claimant.
5. The amount of damages claimed is $1,000,000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant ' s damages is in the "Itemization of
Damages" which is attached hereto.
May 23, 1986
----- k4&= n' '- -----
JEANEK. SHIPf�
RECEIVED Attorn ?y for Claimant
MAY'a3S I a 8
3507-B Q `.Ol
PHIL SATCH Lgon
ERK B� Oi S P VISORS
O.
sy .. h COS
�. .. rh .
r I r r
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 16 through
February 20, 1986, inclusive, as a direct result of the negligence,
carelessness and recklessness of Contra Costa County and its agents,
servants and employees as follows:
( a) Contra Costa County breached its duty to maintain, control,
repair and remove debris from Wildcat and San Pablo Creeks and San
Pablo Dam. Prior to said dates of damage, Contra Costa County knew
or should have known, and had actual and constructive notice that San
Pablo and Wildcat Creeks serve as a natural runoff and drainage
system for water flow created by seasonal rains and had previously
overflowed their banks;
(b) Contra Costa County failed to develop, design, require or demand
an adequate design and construction of a drainage system for
businesses and residents in the North Richmond area, and failed to
warn of impending flooding;
(c) Contra Costa County maintained and continues to maintain a
nuisance due to the inadequacy of drainage, creeks and other drainage
systems and, by its failure to maintain, control and repair same,
should be compelled to compensate claimant for damages and to take
all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County maintained and
continues to maintain a dangerous and defective condition of its
property;
(e) Contra Costa County was negligent or otherwise liable, including
acts and omissions which are presently unknown by the claimant.
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and from the fear for
personal safety and the loss of and real and personal property in the
event of future flooding;
(g) Loss of consortium of claimant' s spouse or partner due to
physical and emotional injuries;
(h) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant's
family;
( i) Expense for medical services incurred in the treatment of
claimant's physical and emotional injuries;
(j ) Compensation for loss of time from employment, loss of income,
damage to goodwill and business reputation and loss of earning
capacity;
(k) Attorneys' fees incurred in recovering damages and equitable
relief for these losses;
( 1) Equitable relief requiring the Contra Costa County to build,
repair and maintain the creeks and other drainage systems to prevent
future flooding;
(m) Interest on expenses and damages; and
(n) Damages for other injuries which are not presently known.
nrclm.rpt
RECEIV
MAY .,
V
PHIL BATCHELOR
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
By .......:.:..................... Deputy .
AMENDED.
UAIN
iR1 I[b snosetBT�t.Sam mm Mfi!i GUMM 2
AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNT
FLOOD CONTROj aND W TER CONSERV June 24, 19T6
Clain L�uit:st tee�ty, er niotMat s docum tslcso m 4d to I=
is Par
�
governed by the Board of 9UPWTisorss the oop7
pouting Endor'sementa, and owd notice of the acts �araPapb Ttmment code s balasr�
2ctice, 211 Section referenoes ars board of �"d
U California Government Codes given 915,140 flow � ww�we° 3
Clat�t: Catherine A. Martin
COUtI� �OUi15�)
Attorneys Jeanette K. Shipman
Law offices of Sterns , Smith, Walker MAY 30196
Address & Grell
280 Utah Street Hand delivered 91arhoffix CA90%
Amounts San Francisco , CA 94103 by dsliwT to clerk on May ,
$1 , 000, 000. 00+ :
Date 10001veds May 27 , 1986 By mils post'~ an
. . erk of Supervisors lot WRY
Attached is a copy of the above-noted OWE&
Datods May 30 , 1986 P, SITOELDR, Clerks NY
s y OX2175al IN MEWN
(Cheek only one)
(X) !leis claim complies substantially With Sections 910 and IL0.2.
( ) This claim fAIIS to oamply substantially with Sections 910 and 910.29 and Ve an
so notifying claimant, The Board cannot act for 15 days 4Se0t100 910.4).
( ) Claim is not timely fined. Clark should return claim 0n gmxrd that It w filed
late and send warnin� or claimant's riot to apply for leave to presaatt a late
OWN (Section 911.3).
( ) Others
bateds sY= pY ty
III. lf& Clerk of the board TO: Cl) County Counsels (2) County Administrator
r
( ) Clain was returned as untimely with notioe to claimant Gleetion ¢utas).
Iv. Baum � By unanimous vote of Supervisors present
(X) leis claim,is rejected in full.
( ) Others
erg !y the a s a true correct copy o f tthhe oar✓BBd e s antwed In IS
DatedUN Jz 1 �. BA ?DMLM, Clerk, by a 7� . DOfA7 mark
dA1WM (Gov. Code SsotiOn 913)
Subject to certain esoepticwo you be" Daly six (6) months firm the date of tats
notice was personally served or deposited in the sail to file a cart aotion an tis
alasa. See Govwwwt Code Sectie0 We6e
Tau nay seek the advice of s0 att0 may of your otoiee to wvuectIon vitt tbds
aettar. If YOU rant to ooasult On attorneys you Should do So tasediately.
T. : Clerk of tee board IDs (1) Cosstty Counsels (2) County Administrator
Attached are Copus of the above claim. Ve notified the nlaisant of the boards
action an this claim by sailing a copy of this docasmts and a smo tNweof has been filed
and endorsed o0 the Boardts copy of this Claim in a0ooadaaoe with 90etio0 29703.
( ) A rename of claimants riot to aprply rbr leave t a Late Dula mu nailed
D�ITID:�JUN3 0 1186 "31 UTOMnp s Clerks By 90PAY Clerk
s
r
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
•
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
TO: Contra Costa County Flood Control District
Contra Costa County
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County Flood Control District.
1 . The name and post office address of the clamant ' s +
Catherine A. MartinKx
1901 Golden Gate Avenue
Richmond, CA 94801 RECEIVED
2. The address to which notices are to be sent is: D1986
Jeanette K. Shipman MAY
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL PMILSATC ELon
280 Utah Street Ea Of
uP RVISOq
RA CO C
San Francisco, CA 94103 ey ' "' "'.
3. The circumstances which give rise to this claim occurred
on or about February 14, February 18 and March 10, 1986 at 1901
Golden Gate Avenue, Richmond, California, and are described in "The
Basis of the Claim" which is attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County Flood Control District whose names and identities are not
presently known to claimant.
5. The amount of damages claimed is $1, 000, 000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant' s damages is in the "Itemization of
Damages" which is attached hereto.
i
May 26; 1986
00
JEANETT R. SHIPMA
Attorne for Claimant
3507-B
i
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 14 through
February 20, 1986, inclusive, and March 10, 1986, as a direct result
of the negligence, carelessness and recklessness of Contra Costa
County Flood Control District and its agents, servants and employees
-as follows:
(a) Contra Costa County Flood Control District breached its duty to
maintain, control, repair and remove debris from Wildcat and San
Pablo Creeks and San Pablo Dam. Prior to said dates of damage,
Contra Costa County Flood Control District knew or should have known,
and had actual and constructive notice that San Pablo and Wildcat
Creeks serve as a natural runoff and drainage system for water flow
created by seasonal rains and had previously overflowed their banks;
(b) Contra Costa County Flood Control District failed to develop,
design, require or demand an adequate design and construction of a
drainage system for businesses and residents in the North Richmond
area, and failed to warn of impending flooding;
(c) Contra Costa County Flood Control District maintained and
continues to maintain a nuisance due to the inadequacy of drainage,
creeks and other drainage systems and, by its failure to maintain,
control and repair same, should be compelled to compensate claimant
for damages and to take all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County Flood Control
District maintained and continues to maintain a dangerous and
defective condition of its property;
(e) Contra Costa County Flood Control District was negligent or
otherwise liable, including acts and omissions which are presently
unknown by the claimant.
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
AMENDED
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and the loss of real
and personal property and from the fear for personal safety in the
event of future flooding;
(g) Loss of consortium of claimant's spouse or partner due to
physical and emotional injuries;
(h) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant' s
family;
(i ) Expense for medical services incurred in the treatment of
claimant 's physical and emotional injuries;
(j ) Compensation for loss of time from employment, loss of income,
damage to goodwill and business reputation and loss of earning
capacity;
(k) Attorneys' fees incurred in recovering damages and equitable
relief for these losses;
( 1 ) Equitable relief requiring the Contra Costa County Flood Control
District to build, repair and maintain the creeks and other drainage
systems to prevent future flooding;
(m) Interest on expenses and damages; and
(n) Damages for other injuries which are not presently known.
nrcim.rpt
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
TO: Contra Costa County Flood Control District
Contra Costa County
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County Flood Control District.
1 . The name and post office address of the claimant is:
Catherine A. Martin
1901 Golden Gate Avenue
Richmond, CA 94801
2. The address to which notices are to be sent is:
Jeanette K. Shipman
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL
280 Utah Street
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on February 14, 1986 at 1901 Golden Gate Avenue, Richmond,
California, and are described in "The Basis of the Claim" which is
attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County Flood Control District whose names and identities are not
presently known to claimant.
5. The amount of damages claimed is $1, 000, 000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant's damages is in the "Itemization of
Damages" which is attached hereto.
May 23, 1966
JEANE E K. SHIP
RECEIVED Attorney for Claimant
MAY�3196
3507-B o0
PHIL SAICNELOR
ERKRC)C 5• APE�RVISO
By ... ....... D
U
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, .Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 16 through
February 20, 1986, inclusive, as a direct result of the negligence,
carelessness and recklessness of Contra Costa County Flood Control
District and its agents, servants and employees as follows:
( a) Contra Costa County Flood Control District breached its duty to
maintain, control, repair and remove debris from Wildcat and San
Pablo Creeks and San Pablo Dam. Prior to said dates of damage,
Contra Costa County Flood Control District knew or should have known,
and had actual and constructive notice that San Pablo and Wildcat
Creeks serve as a natural runoff and drainage system for water flow
created by seasonal rains and had previously overflowed their banks;
(b) Contra Costa County Flood Control District failed to develop,
design, require or demand an adequate design and construction of a
drainage system for businesses and residents in the North Richmond
area, and failed to warn of impending flooding;
(c) Contra Costa County Flood Control District maintained and
continues to maintain a nuisance due to the inadequacy of drainage,
creeks and other drainage systems and, by its failure to maintain,
control and repair same, should be compelled to compensate claimant
for damages and to take all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County Flood Control
District maintained and continues to maintain a dangerous and
defective condition of its property;
(e) Contra Costa County Flood Control District was negligent or
otherwise liable, including acts and omissions which are presently
unknown by the claimant.
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment, ,income and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use, income and repair expense;
(c) Expense of preventing further damage from future flooding;
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Martin v. Contra Costa County Flood Control District
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers and employees;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and from the fear for
personal safety and the loss of and real and personal property in the
event of future flooding;
(g) Loss of consortium of claimant' s spouse or partner due to
physical and emotional injuries;
(h) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant' s
family;
(i ) Expense for medical services incurred in the treatment of
claimant's physical and emotional injuries;
(j ) Compensation for loss of time from employment, loss of income,
damage to goodwill and business reputation and loss of earning
capacity;
(k) Attorneys' fees incurred in recovering damages and equitable
relief for these losses;
( 1 ) Equitable relief requiring the Contra Costa County Flood Control
District to build, repair and maintain the creeks and other drainage
systems to prevent future flooding;
(m) Interest on expenses and damages; and
(n) Damages for other injuries which are not presently known.
nrclm.rpt
111YiY��idlttlf,; .
JUN 12 1986
CLUM
BOARD OF SUPERVISORS OF 03M COSTA aWfY. GLM018*1"��
BOARD ACTION
Claim Against the County, or District ) NOTICE TO C1.AI?1ANT June 24, 1986
governed by the Hoard of Supervisors, ) The copy of this document MUM to you is yoW
Routing Endorsements, and Hoard ) 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: Sala Steeves
Attorney:
Address: 490 N. Civic Dr.#502
Walnut Creek, CA 94596 delivery to clerk on ByAmount: Unspecified
Date Received: June 12 , 1986 By mail, postmarked on June 8, 1986
I. FROM: Clerk of the Hoard of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: June 12 , 1986 PHIL BATCHELOR, Clerk, By Deputy
nth owl
II. FROM: County Counsel TO: ClerR of the Hoard 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 Hoard cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: � /Z By: a Deputy County Counsel
ci
III. FROM: Clerk of the Hoard TO: (1) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
ASA/GtE�/D�D
(X) This claiml is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Hoard's Order entered in its
minutes for this date.
Dated: UN 2 4 19AR PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to oertain exceptions, you have only six (6) months from the date of this
notice was personally served or deposited in the mail to file a court action 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 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 eat a late claim was mailed
to claimant.
DATED: .itm 3 n 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk
CC: County Administrator (2) County Counsel (1)
. .,... . i... i ivim yr ivicumokAmC titNLI-i 15
READ THIS NOTICE CAREFULLY AND KEEP IT FOR YOUR RECORDS
THIS-IS NOTA BILL
HEALTH CARE FINANCING ADMINISTRATION For more information write to:
BLUE SHIELD OF CALIFORNIA
MEDICARE
## SALA STEEVES Chico, California 95976
490 H CIVIC DR 502 or Telephone 800-952-8627 NORTHERN CALI:
WALNUT CREEK CA 94596 800-848-7713 SOUTHERN CALI:
If you write or call, please give us:
Health Insurance Claim # 375125986A
Claim Control Number (marked ** below
This is Statement Number 021349069-1
for enclosed Check Number 078382582 MAY 27 , 1986
THIS EXPLAINS BENEFITS ON YOUR UNASSIGNED CLAIM FOR $533 .00 .
Claim Control Humber ** 200486108174600 ** BILLED APPROVE!
DIABLO ORTHO ME OFFICE SURGERY -01 MAR 03, 1986 $ 378. 00 $ 302 . 4(
Approved amount limited by Item 5C on back.
DIABLO ORTHO ME OFFICE X-RAY -02 MAR 10-MAR 17 , 1986 $ 74 . 00 $ 49 . 51
Approved amount limited by Item 5C on back.
DIABLO ORTHO ME OFFICE SUPPLY -01 MAR 10, 1986 $ 10 . 00 $ 10 . 01
DIABLO ORTHO ME OFFICE SURGERY -01 MAR 17 , 1986 $ 59 . 00 $ 43 . 31
Approved amount limited by Item 5C on back.
DIABLO ORTHO ME OFFICE SUPPLY -01 MAR 17, 1986 $ 12 . 00 $ 12 . 0(
Total approved for all services on this claim . . . . . . . . . . $ 417 . 2(
Medicare payment (80% of the approved amount less 1A) * . . . . . . . . $ 330 . 4 '
We are paying a total of $ 330 . 41 to you on the enclosed check. Please cash it as
soon as possible .
If you have private insurance, it may help with the part Medicare did not pay.
THIS EXPLAINS BENEFITS ON YOUR ASSIGNED CLAIM FOR $40 . 00 .
Claim Control Humber ** 202186104022290 ** BILLED APPROVEI
JOHN MUIR MEMOR OUTPATIENT VISITS) -01 MAR 03, 1986 $ 40 . 00 $ 38. 00
Approved amount limited by Item SC on back.
JOHN MUIR MEMOR agreed to charge no more for the approved services than the
amount approved by Medicare .
total approved for all services on this claim . . . . . . . . . . . . . $ 38 . 00
(edicare payment (80% of the approved amount less 1%) * . . . . . . . . $ 30 . 10
�e are paying a total of $ 30 . 10 to JOHN MUIR MEMOR. Your responsibility to the
rovider of service is $ 7 . 60, which is the difference between the approved
mount and the Medicare payment.
f you have private insurance, it may help with the part Medicare did not pay.
,e zras
1
SECURITY PACIFIC NATIONAL BANK 11-4 1
SAN FRANCISCO.CALIFORNIA —1210
15LUE SHIELD
STANDARD BUSINESS ACCOUNT 0153
VOID 12 MONTHS FROM ISSUE DATE 1 1DETACH
of California
CHECK
PROVIDER NO.
CHECK NO.
P.O.BOX 71" 0 SAN FRANCISCO,CA 94120-7160 4443023-1
......... ........................... ... ....—..............................
s
........ ...........
.........
.........
....... ..
AID DAY YEAR �,..Pxy-z.
. ........
.. ........
,DOLLARS tfems
DETACH
CHECK
PAY
.........
STEEVES S . ... . .....
i-05 6
TO 490 N CIVIC DR 502
THE WALNUT CREEK CA 94596
AMOUNTS$10.000.00 AND OWN REQUIRE TWO SISMATUIES I
ORDER I
1 DETACH
OF 21 CHECK
L,L, Ll 3 0
23 1119 1: 12 10000LLX9 2EI,s,9 ?997
-------------—----—------—---------—---------------------------------------------------j
CHECK NO.
BLUE SHIELD P.O. BOX 1447 PLACERVILLEx CA 95667
of C a I i f o r n i a (800)351-2465, 1916)626-1420 4443023 -"
EXPLANATION OF BENEFITS Your claim has been processed in accordance with the
subscriber's health plan coverage. Please see the reverse
side for an important message.
FOR THE CLAIM RECEIVED ON 05/24/86
PATIENT'S NAME GROUP NO. SUB CI-AIM NO� PROVIDER OF SERVICES �OATE�
500913 0000 006808416 05861340414300 OS 20 86
770801061 03000 PHYSICIAN MEMBER - NO
—
DATES OF SERVICE
PATIENT'S NUMBER AMOUNT MESSAGE TO
AMOUNT T
SERVICES BILLEDF'SE, IDAIYS. SERVICES BILLED ALLOWED ISEE BELOW DEDUCTIBLECOPAYMENT PAID
Mo FROM To YEAR
I I I I AMOUNT
MISC. SERVICES 985000 03 04 04 86 1 19.25 - 2.95 2.95
TOTALS 19.25 2.95 2.95
MESSAGES:
111 21.80 PREVIOUSLY PAID BY MEDICARE.
11213 REVISION (1/94)
THIS IS NOT A BILL - RETAIN FOR PERSONAL TAX AND MEDICAL RECORDS
i
� D OF sv�sxviar�ss W CLATM
W5Tjk ems. a nipma g ! map
main Against the VMmy, or bistriat WnCt TO MADW June 24, 1986
governed by the 9 mer! of Oe' rms Supervisors, Ytbe copy r— ---aacdocumentt asme
uab tt='
0 �on �a y0
Routing eta,; and Hoard notice of the action takrn on Yaw *lam by the
ar
Action. All Section references e Board of Supearvia" (paragraph TWO baler),
to California Government Codec given Pursuant to Government Code Section 913
and 915.x• !lease note all eitarsiwe
Claimants Dennis and Becky Woodruff'
CO" COUAdeI
AttOrMys James Gallagher
Ropers , . Majeski, Kohn, Bentley, Wagner & Kane MAY2.21986
Address 655 Montgomery St. , Ste. 1600
San Francisco, CA 94111 Vy delivery to Clerk on 0
055i-
Amounts Unspecified
Date Beotiveds May 23 , 1986 By Mile Postmarked on May 22 ,_ 1986
ark Er the NEER of Supervisors 708 MEry
Attached is a copy of the above-noted claim.
DIitedi mAg gs l Q fry fz.."• IMAM O Marko By
ah Knaves
i county ,Dons : Clark sots
(Check only am)
(X) We claim ocmplies substantially with Sections 910 and 910.2.
( ) fts claim FAn'.S to comply substantially with Sections 910 and 920.29 aria we are
so notifying claimant. The Board cannot act for 15 days (Section 910.0.
( ) Maim is not timely filed. Clerk should return claim on rmmd that it was filed
late and send warnir►� of claimant's right to apply for leave to present a late
claim (Section 911.3)•
( ) others `T,,,•
Oated: C By: DAY LY
III. nWi Clark of the Board Tt)s (1 t +LCastsaT,(2) County Administrator
( ) Main was returned as untimely with ice to claimant (Section 911.3).
IV, tiDW By mudnow vote of Supervisors present
As'R/rlENGtEb
(�() !his claim'is rejected in fulle
it cerin y the this Is a true and correot oopy the Boarrdia entired in is
minutes for anis date.
_10Py atee: _,IUN 2 4 1QI�� RMl. B�ITt2ffi3OR, Marksk, sY Mark
VAMM (Gov. Code Seance 913)
Subject to certain exoepticass you gave only six (6) moethe iron the date of this
taotioe VW Personally served or deposited in the sail to Hle a oast notion an tun
claim. Seg Govercmact Code Section 915.6.
Tau cry seek the advice of an attorney of low eboios in o0ngmIon adtth this
tatter-, If you vont: to eommAt an attorney, you sshmad do so mediately.
.. nasi Mark of the board 2Dt Cl) Coonty Owmal, (2) County Administrator
Attached are copim of the above claim. We notified the claimant of the Scardis
action on this claim by nailing a copy of this document] and a memo Umvof Acs been tiled
and endorsed on the Board's copy of this Claim in a000rdsnoe with Section 29703•
( ) A wrraainn& of c'—almantfs right to gMly icor leave to PVMt a late claim was mailed
S►TID:�Ury 3 0 RR !SII. KT=M a Mark, Vy tl��Q�- s Deputy Merk
WARD OF SOPEROIM OF CUM 0 STA O XWff 9 rJILnUGMA
�_
Qum Against The County, or District ) VMCE TO CL.ADWil' May 13, 1986
soveraed by the Board of Supervisors, ) 7" OW s doojmt mailed to you is "W
Routing Bndorsementa, and Board ) notioe of the action taken on your claim by the
Action. All Section references are ) Board of ftervisacs (Paragraph IY, below),
to California Government Codes ) given Pursuant to Government Code Section 913
and 915.4• please note all WifarrAw.
Claimants Dennis Woodruff and Becky Woodruff County Counsel
Attorneys Janes E. Gallagher
Ropers, Majeski; Kohn, Bentley,Wagner & Kane APR 14 1986
Address 655 Montgomery St. ,Ste. 1600
San Francisco, CA 94111 Martinez, CA 94553
Amounts To be determined By delivery to clerk on
Date Received:April 11, 1986 By mail, postmarked on Anti i n, i 9RF
: Merk of the Board of Supervisors 10: county Counsel
Attached is a copy of the above-noted claim.
Dated: April 14, 19 8 6 PHIL BATCHELDR, Clerk, By `�- �.+-� d� Deputy
NQy Kriowle§
I. : County Counsil Mt Clark of the Board of Su soca
(Check only one)
( ) This claim complies substantially with Sections 910 and 910.2.
(�) This claim FAIIS to amply substantially with Sections 910 and 410.29 and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) QaiW is rot t..-:1; !sled. t'--k s_±c+. retu�e: elaim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Others
Af
Dated: By: Deputy County Counsel
III, FRMS Clerk of the Board 10: (1) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IY, BOARD ORDER By unanimous vote of Supervisors present
( X) This claim is resected in full.
( ) Others
certify that this is a true correct copy of the Board's Order entered in Its
mi for this date.
Dateds 13 1 L Pfn BA70MOR, Clerk, By � , Deputy Clerk
YARNING (Gov. Code Section � )
Subject to owt4dn exoeptiorv, you have only six (6) aonthe from the date of this
notice was personally served or deposited in the mail to file a coaft action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your ehoios in connection with this
matter. If you want to consult an attorney, you should do so immediately.
CLAIM
• . BOARD of SGPosms GF dMW 008ri WmMa CALIIMU
ARD ACrim
Claim Against the County, or bistriat ) ROTICE SO CC.AItlA►`:' May 13, 1986
governed by the Board of Supervisors, ) The copy of this document malled to you is yor
Routing Endorsements, and Hoard ) ratios of the action taken an your claim by the
Action. All Section references are ) Hoard of Supervisors (Paragraph IT, below),
to California Government Codes ) `given pursuant to Government Code Section 913
and 915.4. Please note all `WarnIAWO
Claimants Dennis Woodruff and Becky Woodruff County Counsel
Attorneys Janes E. Gallagher
Ropers , Majeski; Kohn, Bentley,Wagner & Kane APR 14 1986
Addrws: 655 Montgomery St. ,Ste. 1600
San Francisco, CA 94111 Martinez, CA 945553
Amount: To be determined By delivery to alark on
Date Reoeived:April 110 1986 By mail, postmarked on Agri 1 1 n, 1 ARA
Clerk of the Board of Supervisors in: County Counsel
Attached is a copy of the above-noted claim. 41
`/
Dateds April 14, 1986HU BATCHELOR, Clerk, By b��} ��.+-� Q tN, 3 Deputy
Cithy Knowle
II. : County Coups int Clerk su sora
(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).
Maim is rot t.=el; filed. Clerk sh.c" d 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: Bys ct. Deputy County Course
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, HOARD ORDFR By unanimous vote of Supervisors present
( X) This claim is rejected in full.
( ) Others
certify that this is a true iR correct copy of the 's Order entered in Its
mi for this date.
LAM%�
Dated: 3 PHIL BATOMOR, Clerk, By , Deputy Clerk
YARNING (Gov. Code Section 91 )
Subject to oertain exceptions, you have only six %) 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.
/SSAM�
VVILAN'OFFICES
HAROLD ROPERS ROPERS, MAJESKI, KOHN, BENTLEY, REDWOOD CITY OFFICE
11904.1966) WAGNER S2 KANE 1125 MARSHALL STREET
REDWOOD CITY,CALIFORNIA 94063
LAW OFFICE OF A PROFESSIONAL CORPORATION TELEPHONE 1415)364-8200
RON W.FIELDS 655 MONTGOMERY STREET,SUITE 1600
NTGOMERY STREET,SUITE 1600 SAN JOSE OFFICE
RANCISCO.CALIFORNIA 9qu1 SAN FRANCISCO,CALIFORNIA 94111 80 NORTH FlRST STREET,SUITE 700
(415)788.2600 SAN JOSE,CALIFORNIA 95113
OF COUNSEL TELEPHONE 1408)287-6262
AROLD CLINTON BROWN TWA 9103785211
ROPERS RDCY
May 21 , 1986
Vickie J . Finucane
Deputy County Counsel
c/o Clerk of Board of Supervisors MAY Z '' ]g86
ROOM 106
County Administration Building , IC::
651 Pine Street
Martinez , California 94553
RE: Notice of Insufficiency -
Claim of Dennis and Becky Woodruff
Dear Ms . Finucane :
Thank you for your form letter of May 1 , 1986 in regard to
the claim of our clients Dennis and Becky Woodruff previously
filed with the Board of Supervisors .
Replying to the indicated paragraphs 3 and 7 of that form,
theg state as follows .
The transactions giving rise to the claim asserted
occurred when Dennis and Becky Woodruff were served
with the cross-complaint in the lawsuit State Farm
vs. Sheets, Contra Costa County Action Number 2355495
on April 1 , 1986 , and when my clients were served with
suit in Allstate Insurance Company vs . Dennis C.
Woodruff, et al in Contra Costa County Action Number
280785 on January 18 , 1986 .
For your reference a copy of 'the Notice of Insufficiency is
attached hereto.
Yours very truly,
r�— J MES E. GALLAGHER
Enclosure
JEG: bb RECEIVED
MAY 12V)
PHIL 8 TCHELon
(rYiEpK g�ppAR I SUPERYI AS
I C1oNTAA 9TACO•
By
r
AMENDED
CLAIM
BOARD OF SMVISORS OF CNM COSTA MUFfi, MOMIA
AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD W� ACTION
CONTROL AND WATER CONSERVATION DISTRICT June 24, 1986-
Claim Against the County, or District ) NMCE TO CLAIKLqT
governed by the Board of Supervisors, ) The copy of this 965vaiRt mailed to you is your
Routing Endorsements, and Board ) notice of the action taken an your claim by the
Action. All Section references are ) Board of SuPsrviwm (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all *Warnings".
Claimant: Taylor Maia, a minor by and through a Guardian ad Litem
Attorney: Jeanette K. Ship_man County CMSP'
Sterns , Smith, Walker & Grell
Address: 280 Utah Street
San Francisco, CA 94103 JUN i 719e-
Amount: $1 , 000, 000. 00+ By delivery to clerk on JPA&�..
Date Received: June 17 , 1986 By mail, postmarked on T„np 1A . 19RF
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: .Tune 17 19RPIL BATCHELOR, Clerk, By Deputy
II. FROM: County Counsel TO: Clerk o t e 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:
tsl—
Dated ti / By: circ C _1 Deputy County Counsel
III. OM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
W This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy ofPe Board's Order entered in its
mi s for this date.
Dated: ��1 2 4 PHIL BATCHELOR, Clerk, By X� , Deputy Clerk
VARPM (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 o esen a late claim was mailed
to want
DATED: JW3 0 M6 PHIL BATCRUDR, Clerk, By , Deputy Clerk
oc: County Administrator (2) County Counsel (1)
° ~
`
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq. -
re: r1aia v. Contra Cosa County Flood Control Distri
+ �
I Vm�ay"Lm
TO: Contra Costa County Flood ' Contrbl District MAY 14 1986
Contra Costa County
651 Pine Street PHIL BATCHELOR
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County Flood Control District.
1 . The name and post office /address of the claimant is:
Taylor Maia, a minor
By and Through a Guardian Ad Litem
913 Randy Lane
San Pablo, CA 94806
2. The address to which notices are to be sent is:
Jeanette K. Shipman
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL �
280 Utah Street �
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on 1::ebruary 18. 1.986 and are described in "The Basis of the Claim"
which is attached . hereto.
.
4. The names of all public employees causing the injuries, damages
and losses are the. agents, servants and employees of Contra Costa
County Flood. Control District whose names and identities are not
pre�ently known to. claimant.
`
5. The amount of damages. claimed is $1 , 000, 000° plus an amount,
presently unknown.j -but believed to be several million dollars; for
the repair of drainage systems to .prevent future flooding. The
description of the claimant 's damages is in the " Itemization of
Damages" which is attached hereto.
May 13, 1986 `
..
� ---
TE K. SHIP�-��
rney for Cla�m�nt
^
3017~C
.
.
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Maia v. Contra Costa County Flood Control District
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 17 through
February 20, 1986, inclusive, as a direct result of the negligence,
carelessness and recklessness of Contra Costa County Flood Control
District and its agents, servants and employees as follows:
(a) Contra Costa County Flood Control District breached its duty to
maintain, control, repair and remove debris from Wildcat Creek, San
Pablo Creek and San Pablo Dam. Prior to said dates of damage,
Contra Costa County Flood Control District knew or should have known,
and had actual and constructive notice that San Pablo Creek and
Wildcat Creek serve as a natural runoff and drainage system for water
flow created by seasonal rains and had previously overflowed their
banks;
(b) Contra Costa County Flood Control District failed to develop,
design, require or demand an adequate design and construction of a
drainage system for residents in the City of San Pablo, and failed to
warn of impending flooding;
(c) Contra Costa County Flood Control District maintained and
continues to maintain a nuisance due to the inadequacy of drainage,
creeks and other drainage systems and, by its failure to maintain,
control and repair same, should be compelled to compensate claimant
for damages and to take all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County Flood Control
District maintained and continues to maintain a dangerous and
defective condition of its property;
(e) Contra Costa County Flood Control District was negligent or
otherwise liable, including acts and omissions which are presently
unknown by the claimant.
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use and repair expense;
3017-C (c) Expense of preventing further damage from future flooding;
w
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Maia v. Contra Costa County Flood Control District
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
(f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and from the fear for
personal safety and the loss of and real and personal property in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant' s
family;
(h) Expense for medical services incurred in the treatment of
claimant' s physical and emotional injuries;
(i) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County Flood Control
District to build, repair and maintain the creeks and other drainage
systems to prevent future flooding;
( 1 ) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
spabclm.rpt
|
�
/
°
�
, ^
,^
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code. Section 910, at sr-
re:
ere: Maia v. Contra Costa County Flood Control Distri
+ RECEIVED
TO: Contra Costa County Flood Control District
Contra Costa County
651 Pine Street PHIL BATCH L R
Room 106 C COSTA D, N
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County Flood Control District.
1. The name and post office address of the claimant is:
Taylor Maia, a minor
By and Through a Guardian Ad Litem
913 Randy Lane
San Pablo, CA 94806
2. The address to which notices are to be sent is:
Jeanette K. Shipman
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL
280 Utah Street
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on February 18, 1986 and are described in "The Basis of the Claim"
which is attached hereto.
4. The names of all public employees causinq the injuries, damages
and losses are the agents, servants and employees of Contra Costa
Countv Flood Control District whose names and identities are not
presently known to claimant.
5. The amount of damaqes claimed is $1 , ("00, 000, pluS an amount,
����ie/�ec��to- �e� seve'ce^�_million do�.1ars. for
` the� ��re| e�.t�� f�u�ur�����o�ct�p��� The�- �
description of the cl'aimant 's damages is in the "Itemization o-; `
Damages" which is attached hereto.
May 13, 1986
_ rrnev
�_________
E K. SHIP
for Claiant
3017-C
r •
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Maia v. Contra Costa County Flood Control District
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 17 through
February 20, 1986, inclusive, as a direct result of the negligence,
carelessness and recklessness of Contra Costa County Flood Control
District and its agents, servants and employees as follows:
(a) Contra Costa County Flood Control District breached its duty to
maintain, control, repair and remove debris from Wildcat Creek, San
Pablo Creek and San Pablo Dam. Prior to said dates of damage,
Contra Costa County Flood Control District knew or should have known,
and had actual and constructive notice that San Pablo Creek and
Wildcat Creek serve as a natural runoff and drainage system for water
flow created by seasonal rains and had previously overflowed their
banks;
(b) Contra Costa County Flood Control District failed to develop,
design, require or demand an adequate design and construction of a
drainage system for residents in the City of San Pablo, and failed to
warn of impending flooding;
(c) Contra Costa County Flood Control District maintained and
continues to maintain a nuisance due to the inadequacy of drainage,
creeks and other drainage systems and, by its failure to maintain,
control and repair same, should be compelled to compensate claimant
for damages and to take all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County Flood Control
District maintained and continues to maintain a dangerous and
defective condition of its property;
(e) Contra Costa County Flood Control District was negligent or
cthhexwtse-ltab e-, IncluftnT,-acts,
arra omissions wkrtct a press ly
c_ 8 .
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use and repair expense;
3017-C (c) Expense of preventing further damage from future flooding;
I
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Maia v. Contra Costa County Flood Control District
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and from the fear for
personal safety and the loss of and real and personal property in the
event of future flooding;
(g) Damages- for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant' s
family;
(h) Expense for medical services incurred in the treatment of .
claimant's physical and emotional injuries;
(i) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County Flood Control
District to build, repair and maintain the creeks and other drainage
systems to prevent future flooding;
( 1) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
s�sa�icr�`
0
/,CSS
County Counsel
AITNDED
BOARD OF SOPFRVISOR.S OP 'RA OO.STA COO M, CAtXKNMA Alarb N 1 , �9�6
Claim Against the County, or District ) 110TIC8 70 CLAIMANT June 24, 198-6
governed by the Hoard of Supervisors, ) The CoP9 a t led to you is your
Routing Z:dorsements, and Board ) notice of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Goverment Code Section 913
and 915.4. Please note all wWarninga".
Claimant: TAYLOR MALA, a minor by and through a Guardian Ad Litem
Attorney: Jeanette K, Shipman
Law Offices of Sterns , Smith, Walker & Grell
Address: 280 Utah Street
San Francisco , CA 94103
Amount: $1 , 000, 000. 00+ By delivery to clerk on
Date Received: June 17 , 1986 By mail, postmarked on Timm ' 1 i. 1286
I,
286I. : Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: June 17 , 1986 PHIL BATCHELOR. Clerk, By 0 ' � Deputy
n?rF �erye 1
II. FROM. County Counsel TO: Clerk o+'the Board of Supervisors
(Check only one)
(X) This claim complies substantially With Sections 910 and 910.2.
( ) This claim FAILS to comply substantially With Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send Warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
Dated: F By:
put County Counsel
III. OM: 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
,o6 AW&qV4AW
(x ) This elaimAis rejected in full.
( ) Other:
I certify that this is a true and correct copy CJ��-tl�e/� Bo�ardIs Order ent in its
minutes, �a t,� date. N/
Dated: JUDY 355 PHIL BATOMOR, Clerk, By , Deputy Clerk
W MnM (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
natter. 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 an 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 an a late claim Was mailed
tot.
DATED: N ,2 1) ��_PHIL BATCHELOR, Clerk, By �� , Deputy Clerk'
___
cc: County Administrator (2) County Counsel (1)
Law Offl'es,Of 280 Utah Street
Steres, Smith, Walker, San Francisco, California 94103
Pesonen & Grell (415) 626.1000
Gerald C. Sterns
Thomas G. Smith
Elizabeth W. Walker
Walter H. Walker III
David E. Pesonen
Christopher E. Grell
Jeanette K. Shipman
James Paul Collins
Virgil James Wilson III June 16 , 1986
Shelley L. Coleman
Contra Costa County
Clerk of the Board
650 Pine Street
Room 106
Martinez , CA 94553
Re : Taylor Maia (Amended Claims )
Gentlemen:
Enclosed are the original and a copy ( for the State
Board of Control there are three copies ) of an Amended Claim
for Personal Injuries , Property Damage and Equitable Relief
for Taylor Maia, a minor. Please note that claims for this
minor were originally prepared and filed on May 13, 1986.
The amendment simply adds the address of the damaged
property in the body of the claim.
Kindly stamp the copy "received" and return it to us in
the envelope provided.
Thank you.
Very my yours ,
z ne LaRue Singlet
Secre`t�ry to Jeanette K. Shipman
sls
enclosures
061686/3000t RECEIVED
JUN i4 1983'
PMIL YATCMEIOR
�AADSDp$
ByDewy
AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et s
re: Maia v. .Contra Costa County RECEIVED
TO: Contra Costa County JUN 17 WS
Clerk of the Board
ftPHIL BATCHELOR
651 Pine Street ERKBO DOFSUPERVISORS
CO A COST
Room 106 B
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County.
1. The name and post office address of the claimant is:
Taylor Maia, a minor
By and Through a Guardian Ad Litem
913 Randy Lane
San Pablo, CA 94806
2. The address to which notices are to be sent is:
Jeanette K. Shipman
LAW OFFICES OF
STERNS, SMITH, WALKER & GRELL
280 Utah Street
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on or about February 18, 1986 at 913 Randy Lane, San Pablo,
California, and are described in "The Basis of the Claim" which is
attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and- employees of Contra Costa
County whose names and identities are not presently known to
claimant.
5. The amount of damages claimed is $1,000,000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant ' s damages is in the "Itemization of
Damages" which is attached hereto.
June 16, 1986
gawm"194
JEANE K. SHIPIbN
Attorney for Claimant
3017-C
AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Maia v. Contra Costa County
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 17 through
February 20, 1986, inclusive, as a direct result of the negligence,
carelessness and recklessness of Contra Costa County and its agents,
servants and employees as follows:
( a) Contra Costa County breached its duty to maintain, control,
repair and remove debris from Wildcat Creek, San Pablo Creek and San
Pablo Dam. Prior to said dates of damage, Contra Costa County knew
or should have known, and had actual and constructive notice that San
Pablo Creek and Wildcat Creek serve as a natural runoff and drainage
system for water flow created by seasonal rains and had previously
overflowed their banks;
(b) Contra Costa County failed to develop, design, require or demand
an adequate design and construction of a drainage system for
residents in the City of San Pablo, and failed to warn of impending
flooding;
(c) Contra Costa County maintained and continues to maintain a
nuisance due to the inadequacy of drainage, creeks and other drainage
systems and, by its failure to maintain, control and repair same,
should be compelled to compensate claimant for damages and to take
all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County maintained and
continues to maintain a dangerous and defective condition of its
property;
(e) Contra Costa County was negligent or otherwise liable, including
acts and omissions which are presently unknown by the claimant.
ITEMIZATION OF DAMAGES:
(a) Damage to real property, including but not limited to diminution
in value; .loss of use, enjoyment and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use and repair expense;
(c) Expense of preventing further damage from future flooding;
AMENDED CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Maia v. Contra Costa County
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers;
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and from the fear for
personal safety and the loss of and real and personal property in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant's
family;
(h) Expense for medical services incurred in the treatment of
claimant' s physical and emotional injuries;
( i) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the 'Contra Costa County to build,
repair and maintain the creeks and other drainage systems to prevent
future flooding;
( 1) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
PROOF OF SERVICE BY MAIL —CCP 1013a,2015.5
1 I declare that:
-2
1 am employed in the City and County of San Francisco,California. I am over the age of eighteen years and not a party to the within
3 cause. My business address is 280 Utah Street, San Francisco, California, 94103.
4 on—June 16 , 1986 ,Iservedthewithin Amended Claim for Personal
5 Injuries , Property Damage and Equitable Relief
6 I on the parties in said cause,by placing a true copy thereof enclosed in
7 a sealed envelope with postage thereon fully prepaid,in the United States mail at San Francisco,California,addressed as follows:
8
9 Contra Costa County
10 Clerk of the Board
651 Pine Street
11 Room 106
12 Martinez , CA 94553
13
14
15
16
17
18
19
20 -
21
22
23
24
25
26
27
28
29
30
31
32
33 I declare under penalty of perjury that the foregoing is true and correct,and that this declaration was executed on
34 June 16, 1986 at San Francisco,Calif is.
35
36
(TYPE OR PRINT NAME) SIGNATURE
La Offices of
Stems,Smith,
Walker G Grell
280 Utah Street
n Francisco,CA 94103
1
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Maia v. Contra Costa County
TO: Contra Costa County
Clerk of the Board
651 Pine Street
Room 106
Martinez, CA 94553
Pursuant to the provisions of Section 910, et seq. of the
Government Code of the State of California, claimant claims damages
and equitable relief from Contra Costa County.
1. The name and post office address of the claimant is:
Taylor Maia, a minor
By and Through a Guardian Ad Litum
913 Randy Lane 'RECEIVED
San Pablo, CA 94806
2. The address to which notices are to be sent MAY 14 1986
Jeanette K. Shipman
LAW OFFICES OF P91L TCHELOR
STERNS, SMITH, WALKER & GRELL cl NTA g�pco. $
tr
280 Utah Street e
San Francisco, CA 94103
3. The circumstances which give rise to this claim occurred
on FEB-18-1986 and are described in "The Basis of the Claim" which is
attached hereto.
4. The names of all public employees causing the injuries, damages
and losses are the agents, servants and employees of Contra Costa
County whose names and identities are not presently known to
claimant.
5. The amount of damages claimed is $1,000,000, plus an amount,
presently unknown, but believed to be several million dollars, for
the repair of drainage systems to prevent future flooding. The
description of the claimant' s damages is in the "Itemization of
Damages" which is attached hereto.
May 13, 1986 ^
J N TE K. SHIPMA
r'
11 orney for Claimant
3017-C
CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Maia v. Contra Costa County
THE BASIS OF THE CLAIM
Claimant sustained physical and emotional injuries and property
damage, both real and personal, on or about February 17 through
February 20, 1986, inclusive, as a direct result of the negligence,
carelessness and recklessness of Contra Costa County and its agents,
servants and employees as follows:
( a) Contra Costa County breached its duty to maintain, control,
repair and remove debris from Wildcat Creek, San Pablo Creek and San
Pablo Dam. Prior to said dates of damage, Contra Costa County knew
or should have known, and had actual and constructive notice that San
Pablo Creek and Wildcat Creek serve as a natural runoff and drainage
system for water flow created by seasonal rains and had previously
overflowed their banks;
(b) Contra Costa County failed to develop, design, require or demand
an adequate design and construction of a drainage system for
residents in the City of San Pablo, and failed to warn of impending
flooding;
(c) Contra Costa County maintained and continues to maintain a
nuisance due to the inadequacy of drainage, creeks and other drainage
systems and, by its failure to maintain, control and repair same,
should be compelled to compensate claimant for damages and to take
all steps necessary to abate the nuisance;
(d) By reason of the foregoing, Contra Costa County maintained and
continues to maintain a dangerous and defective condition of its
property;
(e) Contra Costa County was negligent or otherwise liable, including
acts and omissions which are presently unknown by the claimant.
ITEMIZATION OF DAMAGES:
( a) Damage to real property, including but not limited to diminution
in value; loss of use, enjoyment and rents; repair expense,
additional living, moving and storage expense;
(b) Damage to personal property, including but not limited to the
loss of enjoyment, use and repair expense;
3017-C (c) Expense of preventing further damage from future flooding;
(d) Expense for debris removal including reasonable compensation for
time of claimant and volunteer laborers;
CLAIM FOR PERSONAL INJURIES, PROPERTY. DAMAGE AND EQUITABLE RELIEF
Government Code, Section 910, et seq.
re: Maia v. Contra Costa County
(e) Personal injury caused by the floodwaters, mud, debris and
subsequent contamination, mold and decomposition during the flood and
escape efforts;
( f) Emotional distress and other personal injuries sustained while
escaping from the floodwaters, mud and debris, and from the fear for
personal safety and the loss of and real and personal property in the
event of future flooding;
(g) Damages for the negligent or other infliction of emotional
distress sustained as a result of witnessing injury to claimant' s
family;
(h) Expense for medical services incurred in the treatment of
claimant' s physical and emotional injuries;
(i) Compensation for loss of time from employment and loss of
earning capacity;
(j ) Attorneys ' fees incurred in recovering damages and equitable
relief for these losses; and maintain the creeks and other drainage
systems to prevent future flooding;
(k) Equitable relief requiring the Contra Costa County to build,
repair and maintain the creeks and other drainage systems to prevent
future flooding;
(1 ) Interest on expenses and damages; and
(m) Damages for other injuries which are not presently known.
spabclm.rpt
f APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT June 24, 1986
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to ) the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911.8 and
915.4. Please note the "WARNING" below.
Claimant: Tammy S . Long and Victorio Jimenez Nay
CMIW
Attorney: Michael Devin
D. G. Jason Davis law office JUN 0 31986
Address: 405 14th St. , Ste. 1510
Oakland, CA 94612 hand delivered *rhm2. CA%5,%
Amount: See last page of claim By delivery to Clerk on June 2 , 1986
Date Received: June 2 , 1986 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application to File Late Claim.
DATED:. June 3, 1986 PHIL BATCHELOR, Clerk, By �� LDeputy
Cathy_' Xnowl Ps
II. FROM: County Counsel TO: . Clbrk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
(,/ The Board should deny this Application to File Late Claim (3ection 911.6).
DATEDr %.- '"�, >VICTOR WESTMAN, County Counsel, By y
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6).
(x) This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: JUN 2 4 1986 PHIL BATCHELOR, Clerk, By � eputy
WARNING (Gov. Code 5911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If you want to consult an attorney, u should do so Immediately.
IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Boardvs action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: Z&HIL BATCHELOR, Clerk, By / Deputy
V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
LAW OFFICE OF ,
D. G. JASON DAVIS
FINANCIAL CENTER BLDG. RECEIVED
405 14th STREET, SUITE 1510
OAKLAND, CA 94612 JUN 02.. 1915
9j5
413ot.m-
D. G. JASON DAVIS �n/�a�BATCHELOR
ATTORNEY AT LAW E11K�yARD OF SUPERVISORS
Ce A COST O
MICHAEL DE VIN 4y ONE
ATTORNEY AT LAW June 2, 1986 (a,$) 8327000
372-2371
Clerk of the Board of Supervisors
651 Pine Street, Room 106
Martinez, California 94553
Re: Application to Present Late Claim
Our Clients/Claimants: Tammy S. Long and Victorio Jimenez
Gentlepersons:
This letter is sent pursuant to Government Code Section 911. 4 and
constitutes written application to present late claims on behalf
of the persons referenced above. Copies of the proposed claim
are attached.
It is believed that the claims of our clients accrued sometime
after a fire which occurred on or about June 4, 1986, at property
located at 2371-2375 San Pablo Dam Road, in the City of San
Pablo. This fire caused damage to the structure, and thereafter,
by reason of neglect and said damage, refuse, garbage and
chemical contamination all combined to cause harmful fumes,
noxious and/or toxic vapors to be released in and around the
premises . By breathing these fumes, claimants developed lung
infections and other health problems over the next several
months.
It is believed that the property was owned at the time of the
fire by a Mr . Myovich . Sometime after the fire , the
REDEVELOPMENT AGENCY OF THE CITY OF SAN PABLO acquired the
property. On July 2, 1985, the City sent a notice to Tammy S.
Long that they had purchased the property and that title had not
yet vested in the agency. Thereafter, the County of Contra Costa
through the Housing Authority of the County of Contra Costa made
some efforts to relocate the claimants by providing housing
assistance payments. The nature and extent of liability, if any,
on the part of the County and the Housing Authority is unknown at
this time. The City of San Pablo, through the REDEVELOPMENT
AGENCY, also was actively participating in placing the claimants
in replacement housing. Yet no efforts were made to clean the
premises or render them safe, or otherwise protect claimants from
the harmful fumes and noxious and/or toxic vapors.
It is believed by claimants that this written application for
leave to present a late claim is made within one year from the
accrual from any potential cause of action against your entity.
The reasons for delay in presenting the claim are as follows:
1 . The nature of the injuries sustained, namely lung damage
and the emotional distress subsequent to the injury,
were slow to be perceived by the claimants.
2. Claimants were told by representatives of the City of
San Pablo that a private individual, namely Mr. Myovich,
was responsible for any injuries that the claimants may
have suffered by reason of the dangerous and substandard
condition of the premises and grounds surrounding the
premises.
3. Claimants have since attempted to locate Mr. Myovich
without success.
4. Claimants have been preoccupied with attempts to
relocate and obtain the means for their existence and
livelihood, and to obtain treatment for their injuries,
and should be excused for failure to present claims in a
timely fashion.
5. Claimants were under the impression that they had one
year from the date of the injury in which to present a
claim against persons or entities responsible for their
injuries, and had no knowledge of the one hundred (100)
day claim requirement applicable to a public entity
until they retained the Law Office of D. G. JASON DAVIS
on March 27, 1986. It was at that time that claimants
discovered that they may have claims against the public
entities as well as Mr. Myovich.
6. The minor claimant, Victorio Jimenez, was a minor
throughout the entire 100 day claim presentation period.
For these reasons, the claimants respectfully request leave to
. present a 'late claim.
Very truly yours,
LAW OFFICE OF D. G. JASON DAVIS
� I
(AIL-x
J
MICHAEL DEVIN v
MD;nl
Enclosures
NOTICE OF CLAIN AGA;NST
THE COUNTY OF CONTRA COSTA
CLAIMANTS Tammy S. Long and her minor child Victorio Jimenez
ADDRESS OF
CLAIMANTS 1420 - 23rd Street, San Pablo
NOTICES TO : Law Office of D. G. Jason Davis
405 14th Street, Suite 1510 , Oakland, CA 94612
DATE OF
OCCURRENCE : Unknown, beginning in July 1985 and continuing
through December 23 , 1985
PLACE OF
OCCURRENCE : Various units at a ten-unit complex, including 2371 and/or
2375 San Pablo Dam Road, San Pablo, CA
FACTS OF
OCCURRENCE : At all times referenced herein, claimants were tenants
of and occupied one or more of the units at the address
referenced above and all said units were known to the
entities to present dangerous and substandard housing
conditions. Said entities either had or assumed the
responsibility for protecting tenants from health
hazards and physical injuries caused by the condition
of the premises and grounds surrounding the units, for
correcting the dangerous and substandard conditions on
and around the premises, and for relocating the tenants
from the premises. Despite this, claimants were forced
to live in substandard and dangerous housing conditions
at the above address for several months because said
entities failed to protect tenants (claimants) from
health hazards and physical injuries or to correct said
dangerous and substandard conditions or to relocate the
claimants. Claimants, by such failure, were forced to
breathe dangerous fumes and noxious or toxic vapors from
fire damage, refuse, garbage, and chemical contamination
and suffered lung damage and other injuries and damages.
Claimants were told by representatives of the City of
San Pablo that a private individual was responsible, and
have only discovered that the above-named entities may
be responsible within the last 100 days.
NATURE AND
EXTENT OF
INJURIES Special Damages - Unknown at this time, medical expenses,
future medical expenses, diminished
earning capacity
General Damages - lung damage, pain and suffering, mental
distress
AMOUNT OF
CLAIM Tammy S. Long. . $200 ,000 Victorio Jimenez . . $200 , 000
CLAIM DATED: June 2, 1986
A-'PLICATION TD FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AND AS THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY BOARD ACTION
of CONTRA COSTA COUNTY June 24, 1986
Application o File Late Claim ) NOTICE TO APPLICANT
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to ) the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911.8 and
915.4. Please note the "WARNING" below.
Claimant: Tammy S . Long & Vittorio Jimenez County Counsel
Attorney: Michael Devin JUN 0 51986
D. G. Jason Davis law office
Address: 40514th St . , Ste. 1510 Ahranei,aam
Oakland, CA 94612
Amount: Please see last p age.By delivery to Clerk on June 4, 1986
Date Received: June 4, 1986 By mail, postmarked on June 2 , 1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Applicz ion to Fil ate Claim.
DATED: June 5 , 1986 PHIL BATCHELOR, Clerk, By + No m Deputy
Cath owles
II. FROM: County Counsel TO: C1 of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
()Q The Board should deny this Application to File Late Claim (Section 11.6).
DATED Az, / CTOR WESTMAN, County Counsel,
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6).
(k) This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: JUN 2 4 1986 PHIL BATCHELOR, Clerk, By Com' �J Deputy
WARNING (Gov. Code 6911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If you want to consult an attorney, u should do so immediately.
IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: JUN 3 01986 PHIL BATCHELOR, Clerk, By �Q��—�' Deputy
V. FROM: 1 County Counsel 2 County Administrator T0: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
HOUSING AUTHORITY
of the
COUNTY OF CONTRA COSTA
3133 Estudillo Street P.O. Box 2396 9 Martinez, California 94553
JUN 4 1986
Central AdministrationJune 3 1986
(415)372-0791 .
❑ Construction& Engineering f
(415)3727308
❑ Fiscal
Acctg. & Financial Services
(415)372-8134
❑ Housing Operations
(415)372.7400 Clerk of the Board of Supervisors
F—t New Development Contra Costa County
(415)3720796 651 Pine Street
❑ Special Projects
(415)372-0796 Martinez, CA 94553
Housing Offices Re: Application to Present Late Claim and
❑ 2102 Buchanan Road
Anlioch,CA 94509 Notice of Claim Against the Housing Authority
(415)754 2565 Tammy S. Long and Victorio Jimenez
❑ 801 "J"Street
Antioch.CA 94509
(415)7572925
❑ 2425 Bisso Ln..
Suite 225 Attached are the original and two copies of an Application to
Concord.CA 94520 Present Late Claim and a Notice of Claim Against the Housing
(415)687-8791 Authority of the County of Contra Costa filed by the Law Office of
* 3133 Estudillo Street D. G. Jason Davis, on behalf of Tammy S. Long and her minor child
P.O. Box 2396
Martinez.CA 94553 Victorio Jimenez.
(415)3728621
* 1601 N.Jade Street Also attached is the June 2. 1986 letter from Mr. Michael Devin of
No. Richmond.CA 94802
(415)232 8492 the Law Office of D. G. Jason Davis requesting that a filed and
F-1 41h& Rosemary Ln. endorsed copy be returned in the self-addressed stamped envelope
Oakley.CA 94561 provided.
(415)6252245
7 875 El Pueblo Avenue We have notified your previous insurance carrier of this claim and a
Pittsburg, CA 94565
(415)432-3523 copy of our letter to them is attached.
.71 2 California Street
Rodeo.CA 94572 This claim was received by Certified Mail at 9:50 a.m. , June 3.
(415)799-4476 1986. Will you please notify us when this claim is calendered for
F-1 52 Pueblo Avenue the Board of Supervisors/Commissioners.
West Pittsburg,CA 94565
(415)4583202
Sincerely,
Perfecto Villarreal
Executive Director
. PV:jt
Attachments
cc: Mr. Terry McGraw, Deputy Administrator
Mr, Victor J. Westman, County Counsel
HOUSING AUTHORITY .
of the
COUNTY OF CONTRA COSTA
3133 Estudillo Street P.O. Box 2396 • Martinez, California 9=553
Central Administration June 3, 1986
(415)372-0791
Construction& Engineering
(415)372.7308
Fiscal
Acctg. & Financial Services ,
(415)3728134 '
Housing Operations
(415)372-7400 Ms Maureen Beshears
17 New Development ,James G. Parker Insurance Associates
(415)3720796 5150 North Sixth, Suite 124
C-1 Special 372.0796 Projects
(415Fresno California 93710
(415)3
Housing Offices
L2 02 Buchanan Antocch.CA94509ad Subject: Claim Against the Housing Authority
(4151754-256-4 Fremont Insurance Company
❑ 801 'J•'Street General Liability Policy No. GLA 0005519
Antioch, CA 94509
(415)757.2925
❑ 2425 Bisso Ln.,Suite 225 Dear Maureen:
Concord. CA 94520
(415)687-8791 0n Tuesday, June 3, 1986 we received the attached Claim Against the
F-13133EstudilloStreet Housing Authority of the County of Contra Costa and Application to
P.O.Box 2396
Martinez,CA 94553 Present a Late Claim. Both instruments have been forwarded to the
(415)372-8621 Board of Supervisors/Commissioners and will be routinely denied
❑ 1601 N.Jade Street within the next four weeks.
No. Richmond.CA 94802
(415)232.8492
From the dates alleged in the claim, the Housing Authority of the
osemary
Oakley,CA County of Contra Costa was apparently insured by Fremont Indemnity
(415)625.2245 Company at the time the alleged injuries were suffered by Tammy S.
875 EI Pueblo Avenue Long and her minor child, Vi ctori o Jimenez.
Pittsburg,CA 94565
(415)432.3523
2 California Street Would you please forward this information to Fremont Indemnity
Rodeo.CA 94572 Company so that they will be informed of the existance of this claim
(415)799.1476 In a timely manner.
t 152 Pueblo Avenue
West Pittsburg,CA 94565
(415)158.3202 Sincerely,
Perfecto Villarreal
Executive Director
PV:jt
Attachment
LAW OFFICE OF
D. G. JASON DAVIS
FINANCIAL CENTER BLDG.
405 14th STREET, SUITE 1510
OAKLAND, CA 94612
D. G. JASON DAVIS
ATTORNEY AT LAW
MICHAEL DEVIN TELEPHONE
ATTORNEY AT LAW (415) 832-7000
June 2 , 1986
Certified Number: P 725 020 616
Housing Authority of Contra Costa County
P.O. Box 2396
Martinez, California 94553
Re: Application to Present Late Claim
Our Clients/Claimants: Tammy S. Long and Victorio Jimenez
Gentleperson:
Enclosed please find one original and two copies of the
Application to Present a Late Claim and Notice of Claim
Against the Housing Authority of the County of Contra Costa .
forms properly signed and completed.
Please file and return the endorsed, file copy in the self-
addressed, stamped envelope provided.
Thank you for your cooperation and attention to this matter .
Very truly yours,
LAW OFFICE OF D. G. JASON DAVIS
By MICHAEL DEVIN
MD;nl
Enclosures
R
LAW OFFICE OF
D. G. JASON DAVIS
FINANCIAL CENTER BLDG.
405 14th STREET, SUITE 1510
OAKLAND, CA 94612
D. G. JASON DAVIS
ATTORNEY AT LAW
MICHAEL DEVIN TELEPHONE
ATTORNEY AT LAW June 2, 1986 (41$)832-7000
Housing Authority of the County of Contra Costa
P.O. Box 2396
Martinez, California 94553
Re: Application to Present Late Claim
Our Clients/Claimants: Tammy S. Long and Victorio Jimenez
Gentlepersons :
This letter is sent pursuant to Government Code Section 911.4 and
constitutes written application to present late claims on behalf
of the persons referenced above. Copies of the proposed claim
are attached.
It is believed that the claims of our clients accrued sometime
after a fire which occurred on or about June 4, 1986, at property
located at 2371-2375 San Pablo Dam Road, in the City of San
Pablo. This fire caused damage to the structure, and thereafter,
by reason of neglect and said damage, refuse, garbage and
chemical contamination all combined to cause harmful fumes ,
noxious and/or toxic vapors to be released in and around the
premises . By breathing these fumes, claimants developed lung
infections and other health problems over the next several
months.
It is believed that the property was owned at the time of the
fire by a Mr . Myovich . Sometime after the fire , the
REDEVELOPMENT AGENCY OF THE CITY OF SAN PABLO acquired the
property. On July 2, 1985, the City sent a notice to Tammy S.
Long that they had purchased the property and that title had not
yet vested in the agency. Thereafter, the County of Contra Costa
through the Housing Authority of the County of Contra Costa made
some efforts to relocate the claimants by providing housing
assistance payments. The nature and extent of liability, if any,
on the part of the County and the Housing Authority is unknown at
this time. The City of San Pablo, through the REDEVELOPMENT
AGENCY,_ also was actively participating in placing the claimants
in replacement housing. Yet no efforts were made to clean the
premises or render them safe, or otherwise protect claimants from
the harmful fumes and noxious and/or toxic vapors.
It is believed by claimants that this written application for
leave to present a late claim is made within one year from the
accrual from any potential cause of action against your entity.
The reasons for delay in presenting the claim are as follows:
1 . The nature of the injuries sustained, namely lung damage
and the emotional distress subsequent to the injury,
were slow to be perceived by the claimants.
2. Claimants were told by representatives of the City of
San Pablo that a private individual, namely Mr. Myovich,
was responsible for any injuries that the claimants may
have suffered by reason of the dangerous and substandard
condition of the premises and grounds surrounding the
premises.
3. Claimants have since attempted to locate Mr. Myovich
without success.
4. Claimants have been preoccupied with attempts to
relocate and obtain the means for their existence
and livelihood,and to obtain treatment for their
injuries, and should be excused for failure to present
claims in a timely fashion.
5. Claimants were under the impression that they had one
year from the date of the injury in which to present a
claim against persons or entities responsible for their
injuries, and had no knowledge of the one hundred (100)
day claim requirement applicable to a public entity
until they retained the Law Office of D. G. JASON DAVIS
on March 27, 1986. It was at that time that claimants
discovered that they may have claims against the public
entities as well as Mr. Myovich.
6. The minor claimant, Victorio Jimenez, was a minor
throughout the entire 100 day claim presentation period.
For these reasons, the claimants respectfully request leave to
present a late claim.
Very truly yours,
LAW OFFICE OF D. G. JASON DAVIS
MICHAEL DEVIN
MD;nl
Enclosures
NOTICE OF CLAIM AGAINST THE
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
CLAIMANTS Tammy S. Long and her minor child Victorio Jimenez
ADDRESS OF
CLAIMANTS 1420 - 23rd Street, San Pablo
NOTICES TO : .Law Office of D. G. Jason Davis
405 14th Street, Suite 1510, Oakland, CA 94612
DATE OF
OCCURRENCE : Unknown, beginning in July 1985 and continuing
through December 23 , 1985
PLACE OF
OCCURRENCE : Various units at a ten-unit complex, including 2371 and/or
2375 San Pablo Dam Road, San Pablo, CA
FACTS OF
OCCURRENCE : At all times referenced herein, claimants were tenants
of and occupied one or more of the units at the address
referenced above and all said units were known to the
entities to present dangerous and substandard housing
conditions. Said entities either had or assumed the
responsibility for protecting tenants from health
hazards and physical injuries caused by the condition
of the premises and grounds surrounding the units, for
correcting the dangerous and substandard conditions on
and around the premises, and for relocating the tenants
from the premises. Despite this, claimants were forced
to live in substandard and dangerous housing conditions
at the above address for several months because said
entities failed to protect tenants (claimants) from
health hazards and physical injuries or to correct said
dangerous and substandard conditions or to relocate the
claimants. Claimants, by such failure, were forced to
breathe dangerous fumes and noxious or toxic vapors from
fire damage, refuse, garbage, and chemical contamination
and suffered lung damage and other injuries and damages.
Claimants were told by representatives of the City of
San Pablo that a private individual was responsible, and
have only discovered that the above-named entities may
be responsible within the last 100 days.
NATURE AND
EXTENT OF
INJURIES Special Damages - Unknown at this time, medical expenses,
future medical expenses, diminished
earning capacity
General Damages - lung damage, pain and suffering, mental
distress
AMOUNT OF
CLAIM Tammy S. Long. . $200, 000 Vi(�ctorio Jimenez . . $200,000
CLAIM DATED: June 2 , 1986
LAW OFFICE OF
D. G. JASON DAVIS
FINANCIAL CENTER BLDG.
405 14th STREET, SUITE 1510
OAKLAND, CA 94612
D. G. JASON DAVIS
ATTORNEY AT LAW
MICHAEL DEVIN TELEPHONE
ATTORNEY AT LAW (415) 8327000
June 2, 1986
Housing Authority of the County of Contra Costa
P.O. Box 2396
Martinez, California 94553
Re: Application to Present Late Claim
Our Clients/Claimants: Tammy S. Long and Victorio Jimenez
Gentlepersons:
This letter is sent pursuant to Government Code Section 911. 4 and
constitutes written application to present late claims on behalf
of the persons referenced above. Copies of the proposed claim
are attached.
It is believed that the claims of our clients accrued sometime
after a fire which occurred on or about June 4, 1986, at property
located at 2371-2375 San Pablo Dam Road, in the City of San
Pablo. This fire caused damage to the structure, and thereafter,
by reason of neglect and said damage, refuse, garbage and
chemical contamination all combined to cause harmful fumes ,
noxious and/or toxic vapors to be released in and around the
premises . By breathing these fumes, claimants developed lung
infections and other health problems over the next several
months.
It is believed that the property was owned at the time of the
fire by a Mr . Myovich . Sometime after the fire , the
REDEVELOPMENT AGENCY OF THE CITY OF SAN PABLO acquired the
property. On July 2, 1985, the City sent a notice to Tammy S.
Long that they had purchased the property and that title had not
yet vested in the agency. Thereafter, the County of Contra Costa
through the Housing Authority of the County of Contra Costa made
some efforts to relocate the claimants by providing housing
assistance payments. The nature and extent of liability, if any,
on the part of the County and the Housing Authority is unknown at
this time. The City of San Pablo, through the REDEVELOPMENT
AGENCY, also was actively participating in placing the claimants
in replacement housing. Yet no efforts were made to clean the
premises or render them safe, or otherwise protect claimants from
the harmful fumes and noxious and/or toxic vapors.
It is believed by claimants that this written application for
leave to present a late claim is made within one year from the
accrual from any potential cause of action against your entity.
The reasons for delay in presenting the claim are as follows:
1. The nature of the injuries sustained, namely lung damage
and the emotional distress subsequent to the injury,
were slow to be perceived by the claimants.
2. Claimants were told by representatives of the City of
San Pablo that a private individual, namely Mr. Myovich,
was responsible for any injuries that the claimants may
have suffered by reason of the dangerous and substandard
condition of the premises and grounds surrounding the
premises.
3. Claimants have since attempted to locate Mr . Myovich
without success.
4. Claimants have been preoccupied with attempts to
relocate and obtain the means for their existence
and livelihood,and to obtain treatment for their
injuries, and should be excused for failure to present
claims in a timely fashion.
5. Claimants were under the impression that they had one
year from the date of the injury in which to present a
claim against persons or entities responsible for their
injuries, and had no knowledge of the one hundred (100)
day claim requirement applicable to a public entity
until they retained the Law Office of D. G. JASON DAVIS
on March 27, 1986. It was at that time that claimants
discovered that they may have claims against the public
entities as well as Mr. Myovich.
6. The minor claimant, Victorio Jimenez, was a minor
throughout the entire 100 day claim presentation period.
For these reasons, the claimants respectfully request leave to
present a late claim.
Very truly yours,
LAW OFFICE OF D. G. JASON DAVIS
MICHAEL DEVIN
MD;nl
Enclosures
NOTICE OF CLAIM AGAINST THE
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
CLAIMANTS Tammy S. Long and her minor child Victorio Jimenez
ADDRESS OF
CLAIMANTS 1420 - 23rd Street, San Pablo
NOTICES TO : Law Office of D. G. Jason Davis
405 14th Street, Suite 1510 , Oakland, CA 94612
DATE OF
OCCURRENCE : Unknown, beginning in July 1985 and continuing
through December 23, 1985
PLACE OF
OCCURRENCE : Various units at a ten-unit complex, including 2371 and/or
2375 San Pablo Dam Road, San Pablo, CA
FACTS OF
OCCURRENCE : At all times referenced herein, claimants were tenants
of and occupied one or more of the units at the address
referenced above and all said units were known to the
entities to present dangerous and substandard housing
conditions. Said entities either had or assumed the
responsibility for protecting tenants from health
hazards and physical injuries caused by the condition
of the premises and grounds surrounding the units, for
correcting the dangerous and substandard conditions on
and around the premises, and for relocating the tenants
from the premises. Despite this, claimants were forced
to live in substandard and dangerous housing conditions
at the above address for several months because said
entities failed to protect tenants (claimants) from
health hazards and physical injuries or to correct said
dangerous and substandard conditions or to relocate the
claimants. Claimants, by such failure, were forced to
breathe dangerous fumes and noxious or toxic vapors from
fire damage, refuse, garbage, and chemical contamination
and suffered lung damage and other injuries and damages.
Claimants were told by representatives of the City of
San Pablo that a private individual was responsible, and
have only discovered that the above-named entities may
be responsible within the last 100 days.
NATURE AND
EXTENT OF
INJURIES Special Damages - Unknown at this time, medical expenses,
future medical expenses, diminished
earning capacity
General Damages - lung damage, pain and suffering, mental
distress
AMOUNT OF
CLAIM Tammy S. Long. . $200, 000 Victorio Jimenez . . $2001000
CLAIM DATED: June 2, 1986
MiC!: -- t [? iN
LAW OFFICE OF
D. G. JASON DAVIS
• FINANCIAL CENTER BLDG.
• 405 141h STREET, SUITE 1510
OAKLAND, CA 94612
D. G. JASON DAVIS
ATTORNEY AT LAW
MICHAEL DEVIN TELEPHONE
ATTORNEY AT LAW (415)8327000
June 2, 1986
Housing Authority of the County of Contra Costa
P.O. Box 2396
Martinez, California 94553
Re: Application to Present Late Claim
Our Clients/Claimants: Tammy S. Long and Victorio Jimenez
Gentlepersons:
This letter is sent pursuant to Government Code Section 911. 4 and
constitutes written application to present late claims on behalf
of the persons referenced above. Copies of the proposed claim
are attached.
It is believed that the claims of our clients accrued sometime
after a fire which occurred on or about June 4, 1986, at property
located at 2371-2375 San Pablo Dam Road, in the City of San
Pablo, This fire caused damage to the structure, and thereafter,
by reason of neglect and said damage , refuse, garbage and
chemical contamination all combined to cause harmful fumes,
noxious and/or toxic vapors to be released in and around the
premises . By breathing these fumes, claimants developed lung
infections and other health problems over the next several
months.
It is believed that the property was owned at the time of the
fire by a Mr . Myovich . Sometime after the fire , the
REDEVELOPMENT AGENCY OF THE CITY OF SAN PABLO acquired the
property. On July 2, 1985, the City sent a notice to Tammy S.
Long that they had purchased the property and that title had not
yet vested in the agency. Thereafter, the County of Contra Costa
through the Housing Authority of the County of Contra Costa made
some efforts to relocate the claimants by providing housing
assistance payments. The nature and extent of liability, if any,
on the part of the County and the Housing Authority is unknown at
this time. The City of San Pablo, through the REDEVELOPMENT
AGENCY, also was actively participating in placing the claimants
in replacement housing. Yet no efforts were made to clean the
premises or render them safe, or otherwise protect claimants from
the harmful fumes and noxious and/or toxic vapors.
It is believed by claimants that this written application for
leave to present a late claim is made within one year from the
accrual from any potential cause of action against your entity.
The reasons for delay in presenting the claim are as follows :
1 . The nature of the injuries sustained, namely lung damage
and the emotional distress subsequent to the injury,
were slow to be perceived by the claimants.
2. Claimants were told by representatives of the City of
San Pablo that a private individual, namely Mr. Myovich,
was responsible for any injuries that the claimants may
have suffered by reason of the dangerous and substandard
condition of the premises and grounds surrounding the
premises.
3. Claimants have since attempted to locate Mr. Myovich
without success.
4. Claimants have been preoccupied with attempts to
relocate and obtain the means for their existence
and livelihood,and to obtain treatment for their
injuries, and should be excused for failure to present
claims in a timely fashion.
5. Claimants were under the impression that they had one
year from the date of the injury in which to present a
claim against persons or entities responsible for their
injuries, and had no knowledge of the one hundred (100)
day claim requirement applicable to a public entity
until they retained the Law Office of D. G. JASON DAVIS
on March 27, 1986. It was at that time that claimants
discovered that they may have claims against the public
entities as well as Mr. Myovich.
6. The minor claimant, Victorio Jimenez, was a minor
throughout the entire 100 day claim presentation period.
For these reasons, the claimants respectfully request leave to
present a late claim.
Very truly yours,
LAW OFFICE OF D. G. JASON DAVIS
M1Ct-?P,—
MICHAEL DEVIN
MD;nl
Enclosures
a
NOTICE OF CLAIM AGAINST THE
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
CLAIMANTS Tammy S. Long and her -minor child Victorio Jimenez
ADDRESS OF
CLAIMANTS 1420 - 23rd Street, San Pablo
NOTICES TO : Law Office of D. G. Jason Davis
405 14th 'Street, Suite 1510 , Oakland, CA 94612
DATE OF
OCCURRENCE : Unknown , beginning in July 1985 and continuing
through December 23 , 1985
PLACE OF
OCCURRENCE : Various units at a ten-unit complex, including 2371 and/or
2375 San Pablo Dam Road, San Pablo, CA
FACTS OF
OCCURRENCE : At all times referenced herein, claimants were tenants
of and occupied one or more of the units at the address
referenced above and all said units were known to the
entities to present dangerous and substandard housing
conditions. Said entities either had or assumed the
responsibility for protecting tenants from health
hazards and physical injuries caused by the condition
of the premises and grounds surrounding the units, for
correcting the dangerous and substandard conditions on
and around the premises, and for relocating the tenants
from the premises. Despite this, claimants were forced
to live in substandard and dangerous housing conditions
at the above address for several months because said
entities failed to protect tenants (claimants) from
health hazards and physical injuries or to correct said
dangerous and substandard conditions or to relocate the
claimants. Claimants, by such failure, were forced to
breathe dangerous fumes and noxious or toxic vapors from
fire damage, refuse, garbage, and chemical contamination
and suffered lung damage and other injuries and damages.
Claimants were told by representatives of the City of
San Pablo that a private individual was responsible, and
have only discovered that the above-named entities may
be responsible within the last 100 days.
NATURE AND
EXTENT OF
INJURIES Special Damages - Unknown at this time, medical expenses,
future medical expenses, diminished
earning capacity
General Damages - lung damage, pain and suffering, mental
distress
AMOUNT OF
CLAIM Tammy S. Long. . $200 ,000 Victorio Jimenez. . $200,000
MICE. r `=►`IPf
CLAIM DATED: June 2, 1986
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AND AS THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF BOARD ACTION
App4V9MoP6Tk910 Claim ) NOTICE TO APPLICANT June 24, 1986
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to ) the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911.8 and
915.4. Please note the "WARNING" below.
Claimant: Tammy S. Long & Victorio Jimenez
C011{11y cWl115E1
Attorney: Michael Devin
D. G. Jason Davis law office JUN 0 51986
Address: 405 14th St. , Ste. 1510
Oakland, CA 94612 Transmittal WARBL CA
Amount: Please refer to last By delivery to Clerk on June 5 , 1986
page.
Date Received: June 5 , 1986 By mail, postmarked on June 3 , 1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Applica on to File L to Claim.
DATED: June 5 , 1.986 PHIL BATCHELOR, Clerk, By Deputy
Cath n tyles
II. FROM: County Counsel TO: C1 of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
(�) The Board should deny this Application to File Late Claim (Section 911.6).
DA !<<��VICTOR WESTMAN, County Counsel, cc �� uty
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6).
(x) This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: JUN 2 4 1986 PHIL BATCHELOR, Clerk, By 0� � Deputy
WARNING (Gov. Code 5911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If you want to consult an attorney, u should do so immediately.
IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703•
DATED: ,JUN 3 01986 PHIL BATCHELOR, Clerk, By L:L��e7 Deputy
V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By.
APPLICATION TO FILE LATE CLAIM
HOUSING AUTHORITY
of the
COUNTY OF CONTRA COSTA
3133 Estudillo Street P.O. Box 2396 • Martinez, California 94553
County Counsel
E-Central Administration June 3, 1986
(415)372-0791 JUN 0 41986
❑ Construction d Engineering
(415)372-7308
❑ Fiscal �YY
Acctg. b Financial Services
(415)372.8134
❑ Housing Operations
(415)372-7400 Clerk of the Board of Supervisors
( New Development Contra Costa County
(415)372.0796 60-1 Pine Street
❑ Special Projects Martinez CA 94553
(415)372.0796 s
Housing Offices
C3 2102 Buchanan acac Re: Application to Present Late Claim and
Antioch,CA 94509 Notice of Claim Against the Housing Authority
(415)754-2565 Tammy S. Long and Victorio Jimenez
❑ 801 "J"Street
Antioch.CA 94509
(415)757-2925
j 2425 Bisso Ln..Su::=225 Attached are the original and two copies of an Application to
Concord.CA 94520 Present Late Claim and a Notice of Claim Against the Housing
(415)687-8791 Authority of the County of Contra Costa filed by the Law Office of
❑ 3133 Estudillo Slreet D. G. Jason Davis, on behalf of Tammy S. Long and her minor child
P.O. Bax 2396
Martinez,CA 94553 Victorio Jimenez.
(415)372.8621
❑ 1601 N.Jade Street Also attached is the June 2, 1986 letter from Mr. Michael Devin of
No.Richmond,(415)2328492 CA 94602 the Law Office of D. G. Jason Davis requesting that a filed and
❑ 4th d Rosemary Lr. endorsed copy be returned in the self-addressed stamped envelope
Oakley,CA 94561 provided.
(415)625-2245
❑ 875ElPueblo Aver_e We have notified your previous insurance carrier of this claim and a
Pittsburg,CA 94565
(415)432.3523 copy of our letter to them is attached.
❑ 2 California Street
Rodeo.CA 94572 This claim was received by Certified Mail at 9:50 a.m. , June 3,
(415)799-4476 1986. Will you please notify us when this claim is .calendered for
❑ 52 Pueblo Avenue the Board of Supervisors/Commissioners.
West Pittsburg.C,_ 34565
(415)458-3202
Sincerely, /�� � �
� V'Zz
Perfecto Villarreal RECEIVED
executive Director
PV:jt
JUN 5 At'
0104!1,e. �NELon
Attachments LFAK Ano TACO soes
tllA TACO.
Yl1
cc: Mr. Terry McGraw, Deputy Administrator
Mr. 'lictor J. Westman, County Counsel
HOUSING AUTHORITY
of the
COUNTY OF CONTRA COSTA
3133 Estudillo Street • P.O. Box 2396 Martinez, California 94553
LGr-y� ,
Central Administration June 3, 1986
(415)372-0791
❑ Construction 8 Engineering
(415)3727308
❑ Fiscal
Acctg. 8 Financial Services
(415)3728134
❑ Housing Operations
(415)372-7400 Ms Maureen Beshears
New Development James G. Parker Insurance Associates
(415)372-0796 5150 North Sixth, Suite 124
Special Projects
(475)372-0796 �Fresno California 93710
Housing Offices
❑ 2102 Buchanan CA 9409 Subject: Claim Against the Housing Authority
Amwch. CA 94509
(415)754-2565 Fremont Insurance Company
❑ 801 •J••Street General Liability Policy No. GLA 0005549
Anuocn.CA 94509
(415) 757-2925
2425 8isso Ln..Suite 225 Dear Maureen:
Concord.CA 94520
(415)687.8791 On Tuesday, June 3, 1986 we received the attached Claim Against the
❑ 3133EstudilloStreet Housing Authority of the County of Contra Costa and Application to
P.O. Box 2Present a Late Claim. Both instruments have been forwarded to the
Martinez.CAA 9x553
(415)372-8621 Board of Supervisors/Commissioners and will be routinely denied
❑ 1601 N.Jade Stree: within the next four weeks.
No.Richmond, CA 94802
(475)2328492
—i ( 15) Rosemary L-. From the dates alleged in the claim, the Housing Authority of the
Oakley,CA 94561 County of Contra Costa was apparently insured by Fremont Indemnity
(415)625.2245 Company at the time the alleged injuries were suffered by Tammy S.
❑ 875 EI Pueblo Avenue Long and her minor child, Vittorio Jimenez.
Pittsburg,CA 94565
(415)4323523
❑ 2 California Street Would you please forward this information to Fremont Indemnity
Rodeo. CA 94572 Company so that they will be informed of the existance of this claim
(415)7994476 in a timely manner.
❑ 52 Pueblo Avenue
West Pittsburg, CA 94565
(415)4583202 Sincerely,
Perfecto Villarreal
Executive Director
PV:jt
Attachment
LAW OFFICE OF
D. G. JASON DAVIS
FINANCIAL CENTER SLOG.
405 14th STREET, SUITE 1510
OAKLAND, CA 94612
D. G. JASON DAVIS
ATTORNEY AT LAW
MICHAEL DEVIN TELEPHONE
ATTORNEY AT LAW (415)832-70W
June 2, 1986
Certified Number: P 725 020 616
Housing Authority of Contra Costa County
P.O. Box 2396
Martinez , California 94553
Re: AUolication to Present Late Claim
Our Clients/Claimants : Tammy S . Long and Victorio Jimenez
Gentleoerson:
Enclosed please find one original and two copies of the
Application to Present a Late Claim and Notice of Claim
Against the Housing Authority of the County of Contra Costa
forms properly signed and completed.
Please file and return the endorsed, file copy in the self-
addressed, stamped envelope provided.
Thank you for your cooperation and attention to this matter.
Very truly yours ,
LAW OFFICE OF D. G. JASON DAVIS
r
1v��
By MICHAEL DEVIN
MD;nl
Enclosures
LAW OFFICE OF
D. G. JASON DAVIS
• FINANCIAL CENTER BLDG.
405 141h STREET, SUITE 1510
OAKLAND, CA 94612
D. G. JASON DAVIS
ATTORNEY AT LAW
MICHAEL DEVIN TELEPHONE
ATTORNEY AT LAW (41$) 8327000
June 2, 1986
Housing Authority of the County of Contra Costa
P.O. Box 2396
Martinez, California 94553
Re: Application to Present Late Claim
Our Clients/Claimants: Tammy S. Long and Victorio Jimenez
Gentlepersons:
This letter is sent pursuant to Government Code Section 911. 4 and
constitutes written application to present late claims on behalf
of the persons referenced above. Copies of the proposed claim .
are attached .
It is believed that the claims of our clients accrued sometime
after a fire which occurred on or about June 4, 1986, at property
located at 2371-2375 San Pablo Dam Road, in the City of San
Pablo. This fire caused damage to the structure, and thereafter,
by reason of neglect and said damage , refuse, garbage and
chemical contamination all combined to cause harmful fumes,
noxious and/or toxic vapors to be released in and around the
premises . By breathing these fumes, claimants developed lung
infections and other health problems over the next several
months.
It is believed that the property was owned at the time of the
fire by a Mr . Myovich . Sometime after the fire , the
REDEVELOPMENT AGENCY OF THE CITY OF SAN PABLO acquired the
property. On July 2, 1985, the City sent a notice to Tammy S.
Long that they had purchased the property and that title had not
yet vested in the agency. Thereafter, the County of Contra Costa
through the Housing Authority of the County of Contra Costa made
some efforts to relocate the claimants by providing housing
assistance payments. The nature and extent of liability, if any,
on the part of the County and the Housing Authority is unknown at
this time . The City of San Pablo , through the REDEVELOPMENT
AGENCY, also was actively participating in placing the claimants
in replacement housing. Yet no efforts were made to clean the
premises or render them safe, or otherwise protect claimants from
the harmful fumes and noxious and/or toxic vapors.
It is believed by claimants that this written application for
leave to present a late claim is made within one year from the
accrual from any potential cause of action against your entity.
The reasons for delay in presenting the claim are as follows :
1 . The nature of the injuries sustained, namely lung damage
and the emotional distress subsequent to the injury,
were slow to be perceived by the claimants.
2. Claimants were told by representatives of the City of
San Pablo that a private individual, namely Mr. Myovich,
was responsible for any injuries that the claimants may
have suffered by reason of the dangerous and substandard
condition of the premises and grounds surrounding the
premises.
3. Claimants have 'since attempted to locate Mr. Myovich
without success.
4. Claimants have been preoccupied with attempts to
relocate and obtain the means for their existence
and livelihood,and to obtain treatment for their
injuries, and should be excused for failure to present
claims in a timely fashion.
5. Claimants were under the impression that they had one
year from the date of the injury in which to present a
claim against persons or entities responsible for their
injuries, and had no knowledge of the one hundred (100)
day claim requirement applicable to a public entity
until they retained the Law Office of D. G. JASON DAVIS
on March 27, 1986. It was at that time that claimants
discovered that they may have claims against the public
entities as well as Mr. Myovich.
6. The minor claimant, Victorio Jimenez, was a minor
throughout the entire 100 day claim presentation period.
For these reasons, the claimants respectfully request leave to
present a late claim.
Very truly yours,
LAW OFFICE OF D. G. JASON DAVIS
-J
MICHAEL DEVIN
MD;nl
Enclosures
NOTICE OF CLAIM AGAINST THE
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
CLAIMANTS Tammy S. Long and her minor child Victorio Jimenez
ADDRESS OF
CLAIMANTS 1420 - 23rd Street, San Pablo
NOTICES TO : Law Office of D. G. Jason Davis
405 14th Street, Suite 1510 , Oakland, CA 94612
DATE OF
OCCURRENCE : Unknown, beginning in July 1985 and continuing
through December 23 , 1985
PLACE OF
OCCURRENCE : Various units at a ten-unit complex, including 2371 and/or
2375 San Pablo Dam Road, San Pablo, CA
FACTS OF
OCCURRENCE : At all times referenced herein, claimants were tenants
of and occupied one or more of the units at the address
referenced above and all said units were known to the
entities to present dangerous and substandard housing
conditions. Said entities either had or assumed the
responsibility for protecting tenants from health
hazards and physical injuries caused by the condition
of the premises and grounds surrounding the units, for
correcting the dangerous and substandard conditions on
and around the premises, and for relocating the tenants
from the premises. Despite this, claimants were forced
to live in substandard and dangerous housing conditions
at the above address for several months because said
entities failed to protect tenants (claimants) from
health hazards and physical injuries or to correct said
dangerous and substandard conditions or to relocate the
claimants . Claimants , by such failure, were forced to
breathe dangerous fumes and noxious or toxic vapors from
fire damage, refuse, garbage, and chemical contamination
and suffered lung damage and other injuries and damages.
Claimants were told by representatives of the City of
San Pablo that a private individual was responsible , and
have only discovered that the above-named entities may
be responsible within the last 100 days .
NATURE AND
EXTENT OF
INJURIES Special Damages - Unknown at this time, medical expenses,
future medical expenses, diminished
earning capacity
General Damages - lung damage , pain and suffering, mental
distress
AMOUNT OF
CLAIM Tammy S. Long . . $200 , 000 Victorio Jimenez . . $200 , 000
CLAIM DATED: June 2, 1986 '� �. �.��` 4
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT June 24, 1986
Against 'the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to ) the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911.8 and
915.4. Please note the "WARNING" below.
Claimant: D'Wakija Rehche Massinnissa III county counsel
Attorney: John Dioguardi JUN 12 1986
2001 Salvio St. , Ste. 13
Address: Concord, CA 94520 Aamnez.CAGM
Hand delivered
Amount: Unspecified By delivery to Clerk on June 11 , 1986
Date Received: June 11 , 1986 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Applic ion to File L to Claim.
DATED: June 11 , 1986 PHIL BATCHELOR, Clerk, By Deputy
les
II. FROM: County Counsel TO: C f the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
(�) The Board should deny this Application to File Late Claim (Section 911.6).
DATEDCTOR WESTMAN, County Counsel, B ty
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6).
( /fit This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date. ���
DATE: JUN 2 4 1986 PHIL BATCHELOR, Clerk, By Deputy
WARNING (Gov. Code 5911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If you want to consult an attorney, u should do so immediately.
IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County A nistrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703. 6- a,6�
J�DATED: JUN 1986 PHIL BATCEIELLOR, Clerk, By (� Deputy
V. FROM: 1 County Counsel 2 County Administrator . TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
r
BEFORE THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
In the Matter of the
Claim of D'WAKIJA RECHE
MASSINNISSA III
APPLICATION FOR LEAVE
against, TO FILE LATE CLAIM
CONTRA COSTA COUNTY HEALTH
CENTER
TO: BOARD OF SUPERVISORS, CONTRA COSTA COUNTY:
1. Application is hereby made for leave to present a late claim
under Section 911 . 4 of the Government Code. The claim is founded
on a cause of action for medical malpractice which accrued on or
during the Summer of 1985, and for which a claim was not timely
presented. For additional circumstances relating to the cause `cif .__
action, reference is made to the proposed claim attached hereto
as Exhibit A and made a part hereof.
2 . The reason for the delay in presenting this claim is surprise
and inadvertence as further set forth in my declaration attached
hereto. In essence, during the Spring and Summer of 1985, I
received treatment at the Contra Costa County Health Center.
Their diagnosis was that I suffered from AIDS and had a short
period to live before my death. However, I did not die and was
discharged from the Center during the July-August, 1985, period.
I was told to "go home" and to wait for death in more comfortable
surroundings.
In January, 1986, I went to San Francisco General Hospital for
further testing and treatment for the disgnosed condition of
AIDS. On or about February 14, 1986, I was informed by SF
General Staff that I did not suffer from AIDS and that I instead
suffered from a probable kidney problem. In essence, February
14, 1986, was the first date that I learned of the incorrect
diagnosis of AIDS and further learned that I would not die from
the AIDS condition.
WHEREFORE, it is respectuflly requested that this application be
granted and that the attached claim be received and acted upon in
accordance with Sections 912.4-912 . 8 of the Government �Code. (�
June 6, 1986 �,,
�I RECEIVED
D' KI A EHCHE MASSINNISSA III JUN \I 1086
3 •a.o
PHIL 6ATC EL R
RD RAC C v�SOR$
g ... ... ..........
BEFORE THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA.
In the Matter of the
Claim of D'WAKIJA RECHE
MASSINNISSA III
DECLARATION OF CLAIMANT
against, IN SUPPORT OF APPLICATION
TO FILE LATE CLAIM
CONTRA COSTA COUNTY HEALTH
CENTER
I, D'WAKIJA RECHE MASSINNISSA III, declare:
1 . I am a resident of the County of Contra Costa, reside at 1475
St. James Parkway, Concord, CA. , and I am the claimant herein:
2. That during the Spring-Summer of 1985, I was a patient at the
Contra Costa County Health Center. I was diagnosed as suffering
from AIDS and was told that I had but a short time left to live.
However, my condition did not get worse and I was discharged
from the Health Center and told to rest at home. I was
specifically told that there was little more that could be done
for my condition, and that by returning home I would be in more
comfortable surroundings to face my death.
3. By late 1985, I was getting no worse and in early 1986, I
went to San Francisco General Hospital for further examination
and testing. In mid-February (approximately February 14, 1986) I
was told by the staff of SF General that I did not suffer from
AIDS but that I did have a small blood disorder which may be
related to a kidney problem. This was the first time that I
learned that I did not suffer from AIDS and further that I was
not about to die.
4. Subsequently, I give little thought to the previous medical
treatment at the Contra Costa Health Center. I simply wanted to
forget the experience and I waited almost 100 days before
contacting an attorney in the very late afternoon of May 21,
1986, to determining whether I might have a valid claim for
medical malpractice. I was informed that it was necessary to
first file a "claim" which I did on May 22, 1986.
I declare under the penalty of perjury of the laws of the State
of California that I have read and understand this declaration
and that the matters contained therein are true.
Executed at Concord, California, on June 6, 1986
Q�,ItJ
D'WAKIJ T
REHCHE MASSINNISSA III
CLAIM AGAINST CONTRA COSTA COUNTY
IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 910 ET SEQ.
NAME AND ADDRESS OF CLAIMANT: D'Wakija Rehche Massinnissa
III, c/o John Dioguardi, Esq. , 2001 Salvio Street, Suite
13, Concord, California 94520 (telephone; 415-682-9102 ) ;
ADDRESS TO WHICH CLAIMANT DESIRES NOTICES TO BE SENT: c/o
John Dioguardi, Esq. , 2001 Salvio Street, Suite 13,
Concord, California 94520;
DATE, TIME, AND PLACE OF OCCURRENCE OR INCIDENT: Contra
Costa County Medical Center (Hospital) during 1985,
(approx. May-June time frame) ;
NAME(S) OF EMPLOYEE(S) CAUSING THE INJURY, LOSS, OR DAMAGE,
IF KNOWN: Unknown medical personnel;
AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF CLAIM AND THE
ESTIMATED AMOUNT OF FUTURE CLAIM, IF KNOWN: $500, 000;
DESCRIPTION OF OCCURRENCE OF INCIDENT AND ANY INJURY, LOSS,
OR DAMAGE INCURRED: Negligent diagnosis of AIDS disease and
prognosis of death.
I understand that, by furnishing this claim, Contra Costa
County is not acknowledging any responsibility for payment
of my claim.
May 20, 1986
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