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MINUTES - 06241986 - 1.15 (3)
JUN 3 1986 Xoom Or Smans- s OF d3w oosrjk Odours. CKIP enc !� ACriOs Claim �� the qty, or tiistsKac � � June 24, 1986 toverasd by the Board of Superdsame etre copy a c:smen ed to L yore flouting viSor'seamta, and board Notice of the motion taken oo your elan by the Action. All Section rsferanoas are Board of 9uPardears (Paragraph Iwo baQW)r to California Government Codes given pursuant to Government Cods Section IMS mad 915.4• Pleats Dots 011 ■i►arOlOW u�tv counsel Claimants Christopher M. Hada Attorney= MAY 271986 Address 1568 Mission Drive Mart+nem, CA 94553 San Ramon, CA 94583 Hind :ryW;j" cn May 23, 1986 Amounts $3 , 600. 00+ sY Oeii Date baW wds May 23 , 1986 Bi' mail• Postomfted an —Clerk of M Board o pe sot's 162 county Diaz Attached is a copy of the above-noted claim• Dateds May 23 , 1986 RM BAT'QIELOR, C1erkq ley a • i y TDs GlarK or Ube Boommors (Check only one) 1l:is claim oomplies substantially with Sections 4910 and 910.2. ( ) ?his claim FAILS to damply substantially with Sections 910 and 910.29 acrd we arm so notifying claimant. The. Dowd cannot act for 15 days (Section 910.4). ( ) Claim is not timely filed.' Clerk should return claim on br=and that it was filed late and send warnir of claimant's right to apply for leave to present a late claim (Section 911.31• ( ) Others 17 Dated: by: wtY tY Clommel III. VMS • . ark of the board ?Og Cl) County Counsel (2) County Administratar r ( ) Qai= wan returned a, tensely With Donde to claimant (Section 911.3)o iv• ff= am By unanimous vote of supervisors present (�D ?his claim is rejected in full. ( ! Others orris y that this Is a true W correct copy BF the boub'a Order en manures for this date. 7j�� hated: JUN 2 4 laaa rim, flATtlffi.dR, Clark, By ✓ . Deputy Clerk >'tAro M (Gave Code section 4913) subject to certain exceptions, you have only six (6) months from the date of luta =oboe was personally served or deposited is the axil to We a court ration on this Alai=• ase Govorament Code Section "5.6. Lou may meek the advice at an attorney of your chola in Aer+nection with this =attar. If you want to consult an tttorray, you should do so immediately. 1. VMS Clark of the Board IDS CO Coeatty Comma (2) County Administrator Attached are copies of the above o10im• Ye notified the claimant of the board's action an this claim by =ailing a copy of this document, and a memo thereof bLI bean tiled and endorsed m the board's copy of this Claim in t000rdarm with section 29703• ( I A warming of als< aaat•a right to apply fbr leave t a late plain was mailed faCl°IDs � IHII, b►TQia,0�R� Clark, by Deputy Clerk �. CLAIM TO: BOAr.D Of' SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person br to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action.. (Sec. 911 . 2 , Govt. Code) B. Claims must be filed with the _Clerk of the Board of Supervisors at its office in Room 106 , County Administra tori-Muir i.n�51 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) . C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled .in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec . 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps E EDS Against the COUNTY OF CONTRA COSTA) Mph oL PHIL$ATC EL R or _ DISTRICT) B LERK ROOF U1 RVIsoRs (Fill in name) ) RAco co. The undersigned claimant hereby makes claim against the C nt�. of Contra Costa or the above-named District in the sum of $ �3z_W0017 and in support of this claim represents as follows : I � --------- ----- d----------------------------------------- -----_`---- 1 . When did the amage or injury occur? (Give exact date andhour) ✓ / y 2 . Where did the damage or sry occur . (Include city and county) wt- J�'�L ! 4�_•C_.1:... � n T v �,% ..-- moi i -- -�i- 3. How zlid the damage or injury occur. (Give full details , use extra sheets if required) ewl �G1Ci'o/J ------------------------------------------- - -- -------- 4 . What particular act or omission on the part of counE or district officers , servants or employees caused the injury or)damage. —. ID (over) 5. What are the names of county or district officers , servants -or. (• em loye/e� causing th�j damage;r IUVY. �1/re fo Re 6 . Wh7t damage or injuries do you claim resulted? (Give ful extent _ of injuries or damages claimed. Attach two estimates for auto damage) %)_ '•7 - of /Y1/ c�L. - "Lc:% � ._J_1��_"�_�_'_�Z - _ r• �/}/ 1L' --=- J--- O 7. How c��s the unt claimed above computed? (Include the estimated amount of any prospective injury or damage. ) �- ---- Ji 8. Names and addresses of witnesses , doctors and hospitals. < ` T _ Ili' 1,3 ------------------------------------------------------------------------- 9 . List the expenditures you made on account of this accident or injury : DATE ITEM AMOUNT ti Govt. Code Sec. 910 . 2 provides : ['I//S /y "The claim signed by the claimar SEND NOTICES TO: 1At*nrna i or b -s ?he person on his behalf. Name and Address of Attorney _ Claimant' s Sign ture L Addr,gss .1 Telephone No. Telephone No. \R NOTICE Section 72 of the Penal Code provides : • v "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer , or to any county, town, city I district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account , vouche or writing, is guilty of a felony. " CR# 86-3570 1 of 5 ^-- FACTS: The accident occured at the intersection of Concord Avenue and Meridian Park Blvd. at approximately 8 p.m. on Saturday, February 15, during a heavy rainstorm. Police were stuimaned at 8:07, arriving at 8: 30 , twenty.-three minutes later. 'iWv vehicles, one carrying; two passengers, were involved. No injuries were reported. SCENE: Concord Ave. nets east and west between Salvio and I-680. There are three westbound lanes and one left turn lane at the intersection of. Meridian Park Blvd. 'Me northern-rr)st westbound lane (V3 in the police report) was added appro-,dnately three years ago by narrowing the original two lanes and including a shoulder section. The road has not been repaved, and the north lane remains a corrbination of smooth, light, paved surface and rough, dark, blacktop surface, with a 1" to l;" crevice mere they join together. The total width of the north lane is 13'4" , distributed as follows: 16".of light pavement next to the curb and around the storm drains: 6' 8`0 of rou4i, dark shoulder; and 5'4" of light, smooth pavement next to the other lanes of the same surface. The center lane (#2 in the police report) is 9' 10" wilere Concord Avenue and Meridian Park Blvd. intersect. Lane marker buttons and reflectors are used to divide the center lane and the southern-Trost lane ( tl on the police report) and also the northern and center lanes. However, many of the buttons and reflectors are missing between the latter (#3 and #2) just before and onimmediately_ after Concord Avenue crosses :Ieridian Park Blvd. With only three (3) buttons for approximately 400 feet to the west of the point of impact, and no buttons or reflectors for the first 300 feet of that, the center and north lanes appear as one bine to westbound traffic approaching the Meridian Park Blvd. intersection. That impression is reinforced by the visual effect of the two different surfaces /shades of the north lane. In fact, if the shoulder surface is disregarded, the remaining light, smooth surface of the north lane, combined with the center lane, of identical surface, give the appearance of one lane, measuring 15'2" (9110" and 5'4") . The pattern of buttons and reflectors still existing between lanes 1 and 2 indicate the following patwena of missing buttons/reflectors between lanes 2 and 3: 39 .*missing,'' one.remaining, 4 missing, one remaining, 3 missing, one remaining, 5 missing. The total r:.issy is 51 out of 54. The section of Concord Avenue u•Anere the accident occured is poorly lit, with only one streetlight at the northwest corner of the Meridian Park Blvd. intersaction for westbound traffic. There is no streetlipjit for 2/10ths..(�f a mile (1000 feet) before that. Furthermore, property to the north of Concord Avenue along this strip consists of a parking lot for the Sheraton hotel and a golf course. Finally, when traffic is light (as it was the night of February 15) , there are no taillights to use as visual bearings. The speed limit in this section of Concord Avenue is 40 mph, although the County of Contra Costa indicates no speed studies were done before or after the road was changed to three lanes, and the lanes were narrowed. No studies were found to exist, even though the city, the county and the Concord police were asked for them, and the vehicle code requires then to raise the basic speed limit from 25 mph. ii .. 3/of,5 CWP 86-3570 the city of Concord who assisted with the measurement of the lanes could find none distinguish;b le From the nunerous cracks and crevices in that section of roadway. CAUSE: Several factors cuibined to cause the accident: 1) The markings on Concord Avenue at Meridian Park Blvd. are not clear due to the unfinished and makeshift system of "widening" Concord Avenue; The road was intended to be repaved but this has not taken place as yet due to limited county funds and other priorities; 2) Missing lane markers/buttons/reflectors compound the problem of unclear markings; causing Mr.. Hada to perceive only two lanes instead of three; Even so, Mr. Hadi-i's car was well within the north lane as he approached the LIeridian Park Blvd. intersection since the portion of the north lane that is smooth and light is 5'4" and his vehicle measures 5'in width; 3) Mr. Davidson, traveling "at least the speed limit" (according to the officer's statement to CYs. Hada on the following Sunday) was going too fast for conditions (rain, wet pavement, poor visibility) ; 4) Mr. Davidson attempted to pass Mr. Hada on the right where there was insufficient space to do so safely; 5) Mr. Davidson did not have his headlights on. From the damage to Mr. Hada's vehicle, there is no doubt that Mr. . Davidson was traveling faster than Mr. (sada at the time of the impact, apparently became wedged between the north curb and Mr. Hada's car, vacillating between the two until the curb ended at Meridian Park Blvd. and freed Mr. Davidson's vehicle, which then swerved to the right and up and over the island, hitting a stop sign. (It should be noted here that the officer gold Mrs. Hada on Sunday, February 16, the day following the accident, that Mr. Hada's car had been broadsided. 'vhen she contested that statement, based on the appearance of the car, he con ceded. The report that rollowed listed the collison as a sideswipe.) l Y VEHICLE CODE UVRACTIONS: "y 21754 - a vehicle may pass to the ril;ht only if the pave--nt is unobstructed �.; and of sufficient width; \ 21755 - the driver of a motor vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety; 1 22350 - (Basic Speed Law) - no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on and the surface and width of, the v highway, and in no event at a speed which endangers the safety of persons or property; y 22352 - the legal speed linLit is 25 miles per hour unless determined by ^� local authority on the basis of engineering and traffic surveys to be reasonable or safe at a higher I speed; - '40696 no finding that a person commi = tted a traffic safety violation as j alleged may be sustained except by evidence beyond a reasonable doubt. RECOM,E2gDATION: The citation issued to Mr. Hada be dismissed. '7 ' CR = s(z - 3s ,� tQ _ .3t-7 �:u /t7 _.cam C� 1 _�/�_.� f/ - `"I, 14l nrl JitL -;1 0 -/ Ca moi rcJ F1,/ t ��� /77c 6 jAL- /3( d . Z 2,"r.'_`:.L �( Z- 3LD A--.s . ) 5cI-ti-�C.77n�=Oi ` /3r7C S of3vL /7 Y L i•�LLT/t7r7 ��nc� %�1_ �dnc.t r/7 _�`�7L y5��_-� � y,'r v/ dti-C�/;�n_�iic. 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T rn G) t 71 3 3 T 3 3 'n T Z 3 3 3 3 M 3 x 3 �\ S S S x MM S S MM S to c_S MM S S S CD co to Lo ZZ Z ' O O O O O O 00 DO 00 00 O O H \ =I n 7 < 1 r n n r r UI VI V UI r V r -4 r V n 0 0 xl 0 A T 2 S M T -I r A H M A '� 0 S r rn < O n O H D nn H H O O O O H O --1 O -/ 0 O D r- n1 n 1 G) I I O T_ Cl V I n I v -C GI GI -1 -4 c H v V -I 1 1 ul rn n M r Q -4 0 J A O G r CC Z CUI MO C Nr 0 z+ N AAA /- Z ` CI H O Z H Z Z -i r Z Gr < n Z .Z Z a \ M Z m Z Z m E E E E Z L T- T E E E v H o \ n x 0av 'v v vv vv v v vv -Iv v vv to - O D 0 n n D HH nD AD D n D > < <J n N 0 V UI N n UI T n 0 (n C M (n N 0 n O * 7C N O VI V1 N -� VI 7 VI VI 7< VI N N N M -, r•1� '\ M V N( n VI N UI T N V V N W E W (A N N E .< � Z Z M Z Z Z Z Z Z Z Z Z � Z Z Z z M y n H N O O O O O N O N N O O N O O O O m N H N H N H N N N H n 0 0 0 0 0 0 0 0 0 0 0 o w o o n o 2 n wCCo O OA xi .71 00 0 o Nm M " O r mg < A -< < O OO 0 H O < < n H < :7H m rnM 01 0� V V (D LD V Go V V Ol V fY 0 CD I- CD CD W O N a H VI R Z V R n M k C O t z -4z 0.y0 O Z z NI1 -NI z Z D A S S — D D 000 X. N (A t M V O R '\ ov -Di M OT m M M M 0v vM •D,r so t �` ) TM 0 GIm O nn t A � A Z :4O O O11 Z N O n v i n S :1 0 3 3 0 0 Al � A 0 m 0 m i V n Z 1' V Z Z D T T Z O O V n < O l w < v v p I an A m -I n f < \� G < r N ro N n 3 _ •o*I 3 > rb U .•1 / � L/ �# � �• r I JUN 3 1986 CLM Claim W� the �ty, or bist�'iat !k0?ICkr TO MAMW June 24, 198b goverflsd by the Board of Supervisors a SO copy +..••-,--� - —• o� tris Cocvaea:ti sssiisd to you L yorr pouting V-' o emesnt,s, am Hoard sotios of the action taken m yam' claim �y the Action. All Section referen0es ars Board at Super vis� Paragraph �3 to California Covw ment Codes _ given pursuant to and 915.4. B'leass hots all "MAZIOiass'. Qaisents Christopher M. Hada county Counsel Atta m"S MAY 2 7 1986 Address 1568 Mission Drive Martinez, CA 94.55; San Ramon, CA 94583 Hand delivered Asoents $3, 600. 00-4- BY dslivery to Clark an IMPN Z3 _ 1986 Date Heosivads May 2-3 , 1986 By nail, postmarked m rrft erk o 0 pe sot's s yORR uZ Attached is a copy of the above-noted 01101:1. nateds -May 23, 19 86 PAIL BATCHELOR, Qerk, BY .a LOeputy CatTiv KvioYdles TRCM: COMty COUnSil TDs Clark of the board CC SWWO" (Check only One) (x) this claim o0mplies substantially with Sections 910 and 9L0.2. ( ) 1W9 claim FAILS to comply substantially with Sections 910 and 910.2, and we ars so notifying claimant. fie Board cannot act for 25 days (Section 910.8). ( ,) Maim is not timely filed. Clerk should return claim On Wvusd that it was tiled late and send warning of claimant's right to apply for leave to present a late claim (Section 9]1.3). ( ) Others Dated: By: poly tyCounsel in, m: 1 , ark of the Board 70: CO CWjnty Cassel, (2) County Administrator v ( A Clain was returned as untimely with notioe to Claimant (Section X1.3)• 211. » OF= By unanimous vote of Supervisors present (X) This claim is rejected in NUO ( ) Others Certify that Chia Is a true correct copy 'a Order en is sdnutes for this date. Dated: JUN-2 4 1986 kr m BATCFm m. Clark, By C , deputy Clerk kMJ1RNM (Oov. Code SsatiCes 913) Subject to certain e0oept;ims, you }ave only six (6) sonthe from the date of this aotioe w personally served or deposited in the nail to fila a Dart action an this alma. ase Gova:ement Code SeCUM 945.6. Tau my asek the advice of an attorney of 70ur abolas in ocrnsetton With this latter. If you :sant to Consult an attoWy, you shouId do so L®ediately. V. B!l W: Clark Of tbs Board IDS CO Caasty ftmosl, (2) Canty Administrator Attached are Copies of the aboee claim. We sonified the alsimant at the Board's action anthill claim by sailing a Copy of this doaueent, and a woo thw4 of ha, been filed and endorsed on the Board's copy of this Claim in a0oordw" with section 29703. ( ) A Wa�r�nInngg of claisant's runt to apply for tsars t a late Clair Was nailed DATED: SIL UTME[DRa Clark, By • Deputy Mark CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY tr • Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action . (Sec . 911 . 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , CA 94553- (or mail to P.O. Box 911 , Martinez , CA) . C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in . D. If the claim is against more than one public entity, separate claim:; must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec . 72 at end of this fcrm. RE: Claim by ) Reserbed for Clerk' s filing stamp: _ ) SWVED Against the COUNTY OF CONTRA COSTA) MAY a319�),J- or _ DISTRICT) PHIL S�'�H on (Fill in name) ) ML RD AECRVIsoR ... . . . .. . . . . The undersigned claimant hereby makes claim against the Coun of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows : C�r�in��i � a --------------------------- ----------------------- -- 1. When did the damage or injury occur? (Give exact dat / and hour) febvvar ' 16- 2 . Where di the damage or injury occur? (include city and county) Con7vc? &spa 60v12� �4e� z=6�v 41c/ r��vn� W71— TIT fel f, n .�";r( /� �. `�ii7C r J i`, `' /e�'l.i ? / ea ----------------------------- ------------------ --------------------------T------- ow ------ 3. How did the damage or injury occur? (Give full details , use extra sheets if required) , S�� �:���^/:.�.d red?.=•/.;`-x • � Srfl�.;J� t=� �f'��vl�c��/��= �e;�ai% � C:7, r0//G o�Cc^_ •O Vii`- /e f,. , :i 7. �C<� �_� i+ % 7 ___ 4 . What particular act or omission on tht part or le unty or district officers , servants or employees caused the injury or damage? 01 (over) 5. What are the names of county or district officers , servants -or. •1 employees causing the damaq o i.n ury? „ / ��r� � ��� �s�d� r��yla��ls b� 6 i�2�L2_ _�_° ted _r _�i_a -74' 6. What damages or injuries do you claim resulted? (Give full extent of injuries, or damages claimed. Attach two estimates for auto �( damage) r. . ^� 7 , ,/'",• ,: d JJ s'» � -_1-----------------C l � yL!LS` ---r-;---�-�-. -- S 5:�s the unt claimed aboe computed? (Include the estimated amount of any prospective injury or damage. ) _r�Rt� 7`f2ci� a2 ,. ---------------_i------------------------------------X P---------�= -� 8. Names and addresses of witnesses , doctors and hos itals. dA ---------------------------------------------------------------------------- 9 . List the expenditures you made on account of this accident or injury : DATE ITEM AMOUNT • c. Govt. Code Sec. 910 . 2 provides - 4 rovides -��� � "The claim signed by the claima.: SEND NOTICES TO: or by some erson on his behalf Name and Address of Attorney -r Claimant ' s Si q ture Address �y C Telephone No. Telephone No. Sao - 1157W �n h NOTICE Section 72 of 'the Penal Code provides : "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account , vouche. or writing , is guilty of a felony. " � s 4 -_M CRYJ 86-3570 ` / 1 of 5 �I« FACTS: The accident occomed at the intersection of Concord Avenue and Meridian Park Blvd. at approximately 8 p.m. an Saturday, February 15, during a heavy rainstorm. Police were stmmmed at 8:07, arriving at 8:30 , twenty-three minutes later. '11,x) vehicles, one carrying two passengers, were involved. No injuries were reported. SCENE: Concord Ave. runs east and west between Salvio and I-680. There are three westbound lanes and one left turn lane at the intersection of Meridian Park Blvd. The northern-most westbound lane (#3 in the police report) was added approximately three years ago by narrowing the original two lanes and including a shoulder section. The road has not been repaved, and the north lane remains a coubination of smooth, light, paved surface and rough, dark, blacktop surface, with a 1" to 12" crevice where they join together. The total width of the north lane is 13'4", distributed as follows: 16" of light,pav ment next to the curb and around the storm drains; 6'81" of rough, dark shoulder; and 5'4" of light, smooth pavement next to the other lanes of the sane surface. The center lane (#2 in the police report) is 9110" where Concord Avenue and Meridian Park Bled. intersect. Lane marker buttons and reflectors are used to divide the center lane and the southern-m st lane (;:!l. on the police report) and also the northern and center lanes. ]{owever, marry of the buttons and reflectors are missing betcxen the l;,tter (#3 and #2) just before and immediately after Concord Avenue crosses Meridian Park Blvd. With only three (3) buttons for approxii-,utely 400 feet to the west of the point of impact , and no buttons or reflectors for the first 300 feet of that, the center and north lanes appear as one lane to westbound traffic approaching the Meridian Park Blvd. intersection. That impression is reinforced by the visual effect of the two different surfaces /shades of the north lane. In fact, if the shoulder surface is disregarded, the remaining light, smooth surface of the north lane, combined with the center lane, of identical surface, give the appearance of one lane, measuring 15'2" (9' 10" and 5'4") . The pattern of buttons and reflectors still existing between lanes 1 and 2 indicate the following pat&�ern of missing buttons/reflectors between lanes 2 and 3: 39 missing,' one.remaining, 4 missing, one remaining, 3 missing, one remaining, 5 missing. The total riss>y is 51. out of 54. ---- The section of Concord Avenue where the accident occured is poorly lit, with only one streetlight at the northwest corner of the Meridian Park B1vtJ. intersection for westbound traffic. There is no streetlight for 2/lOt'hs. of a mile (1000 feet) before that. Furthermore, property tQ the north of Concord Avenue along this strip consists of a parking lot for the Sheraton hotel and a golf course. Finally, when traffic is light (as it was the night of February 15) , there are no taillights to use as visual bearings. The speed limit in this section of Concord Avenue is 40 mph, although the County of Contra Costa indicates no speed studies were dome before or after the road was changed to three lanes, and the lanes were narrowed. No studies were found to exist, even though the city, the county and the Concord police were asked for them, and the vehicle code requires them to raise the basic speed limit from 25 mph. 3 of 5 CRV 86-3570 the city of Concord who assisted with the measurement of the lanes could find none distinguishable from the numerous cracks and crevices in that section of roadway. CAUSE: Several factors combined to cause the accident: 1) The markings on Concord Avenue at Meridian Park Blvd. are not clear due to the unfinished and makeshift system of 'widening" Concord Avenue; The road was intended to be repaved but this has not taken place as yet due to limited county funds and other priorities; 2) Missing; lane markers/buttons/reflectors compound the problem of unclear markings; causing Mr. Hada to perceive only two lanes instead of three; Even so, Mr. Hada' s car was well within the north lane as he approached the Meridian Park Blvd. intersection since the portion of the north lane that is smooth and light is 5'4!' and his vehicle measures Yin width; 3) Mr. Davidson, traveling "at least the speed limit" (according to the officer's statement to Mrs. Hada on the following Sunday) was going too fast for conditions (rain, wet pavement, poor visibility) ; 4) Mr. Davidson attempted to pass Mr. Hada on the right where there was insufficient space to do so safely; 5) Mr. Davidson did not have his headlights on. From the damage to P1r. Hada's vehicle, there is no doubt that Mr. Davidson was traveling faster than Mr. Hada at the time of the impact, apparently became wedged between the north curb and Mr. Hada's car, vacillating between the two until the curb ended at Meridian Park Blvd. and freed Mr. Davids(m's vehicle, which then swerved to the right and up and over the island, hitting a stop sign. (It should be noted here that the officer told Mrs. Hada on Sunday, February 16, the day following the accident, that Mr. Hada's car had been broadsided. When she contested that statement, based on the appearance of the car, he conceded. The report that {ollowed listed the collison as a sideswipe.) VEHICLE CODE INFRACTIONS: 21754 - a vehicle may pass to the right only if the pavement is unobstructed and of sufficient width; \ 21755 - the driver of a notor vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety; 22350 - (Basic Speed Lata) - no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic an and the surface and width of, the i highway, and in no event at a speed which endangers the safety of persons ` or property; 'Y I22352 - the legal speed limit is 25 miles per hour unless determined by local authority on the basis of engineering and traffic surveys to be ! reasonable or safe at a higher speed; '40606 - no finding that a person committed a traffic safety violation as "t alleged may be sustained except by evidence beyond a reasonable doubt. 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Cotmiv Cm:r►e�t JUN 0 91986 llhrpt�.CAlr4�� mor WMMLVRS Or cowl o Mme ew.lroiei 4 Maim Assinat the Countys or b1slUrI et W Q1 t June 24, 1986 ' govw-wd by the Board of Supsa-visarss ibe oop7 • ononenl-fled to �vn is ova' flouting BrAwsements s and Board sotios of the action taken an law alms by abs Action. 411 Section references an Board Cf wjkp visors %a— ow aph ITS 602M)f to California Government Codes Bivan p:wsuant to Govarflment Cods Section �3 aoc�$S.t. daces note all will"dtsee Maitants Victor Gonzalez by S: throng awn Gonzalez Attorneys James C. Downing 1460 Maria Lane , Ste. 200 Address Walnut Creek, CA 94596 By Board Of Supervisors Anounts $750, 000 . 00 B7 de11ver7 to cle0k on June 3, 1986 : Sate Beoeivsd: June 3 , 1986 By wails Post urlad an : er the O son 102 Miry Attached is a copy of the above-noted olaia. nateds June 9, 1986 !FITC Ries Mks NA "�NN y w es . TERI Comity s baror un Board orsore (Check only one) late claim o. mpliss substantially with Sections 910 and 910.2. ( TWx claim ?AILS to comply substantially with Sections 910 and 910.2s and we are so notifying claimant. The Board cannot act for 15 days (Section 910906 ( Maim is not timely filed. Clerk should return claim on gmmd that it w riled late and send warnirs� of claimant's right to apply for leave to present a late alms (Section 911.3). ( ) Others bated: By: _ L:c (.� C' poly county effi III. : Qerk of the Board 39s (1) 6unty Counsels (2) County Administrator r ( Maim was retwood as untimely with notice to claimant (Section 911.3). IV, DOAK Gittlt By unanimous vote of Supervisors present ( � !his claim is re�eetsd in full. ( ) WWI I eartiry that WS In a true and correct copy ofthe 's Order so to cit rar date. bated: �J PM IMT LOP 9 Mark. By _r7 14Zk'!�7 *put? Clerk VAX= (Gov. Code Ssaticn 1113) Bubsect to osrtsin exceptional lou have only aim (6) months thn the date of abds notice was personally sarvsd or deposited in the mil to file a *cut action m tUa alata. ass Govw mmt Code Section 915.6. YOU My seek the advice of an attammy of yaw moles in oonam Im altb thu tatter. If lou want to o00mat an attorney, you should do so itmedistaly. •. nM, Mork of the Board IN (1) Cowty COUnnI s (2) County Administrator Attschbd ars copies of the above claim. Ve notified the claimant of the Board's action on this claim by tailing a oopy of this 600uments and a s o thereof W been filed and NAW"0 on the Board's Copy of this Claim in a000rdanee with Section 29T03. ( 1 A warning Of eLinant•s right to apply for leave t a tate claim waw hailed -' to Claimant U72Ds JU �o�. B►TQ�DR s Claris, By DtA:ty Mork .TY'^.. R.-.rv.�.^^+sr.-lrv+v...-I�.vnly�.+•.+..nt+^'••-��..�r-e. . JAMES C. DOWNING, ESQ. , DOWNING & DOWNING 1460 Maria Lane, Suite 200 Walnut Creek, California 94596 (415) 934-1011 PROPOSED CLAIM FOR DAMAGES AGAINST COUNTY OF CONTRA COSTA AND MOUNT DIABLO SCHOOL DISTRICT To: COUNTY OF CONTRA COSTA, RECEIVED Clerk of the Board of Supervisors, 651 Pine Street, Martinez, California 94553 JUN •3 1,9e� MOUNT DIABLO SCHOOL DISTRICT PHIL sAr HEL0R Judy Frederick, (FLEA Roc •c°1$p Business Services Operation Director erL �"� 1936 Carlotta Drive Concord, California 94519 The following claim for personal injuries is hereby made by and on behalf of VICTOR GONZALEZ against the COUNTY OF CONTRA COSTA and the MOUNT DIABLO SCHOOL DISTRICT. A. NAME AND POST OFFICE ADDRESS OF CLAIMANT: Victor Gonzalez 1304 Sycamore Drive, #4 Antioch, California 94509 B . ADDRESS TO WHICH NOTICES ARE TO BE SENT: James C. Downing, Esq. , Downing & Downing, 1460 Maria Lane, Suite 200 Walnut Creek, California 94596 1 C. DATE, PLACE AND OTHER CIRCUMSTANCES WHICH GIVE RISE TO THIS CLAIM: On October 30 , 1985, at approximately 2 :50 p.m. , of said day, claimant VICTOR GONZALEZ was crossing Port Chicago Highway at its intersection with Pacifica Avenue in the County of Contra Costa, State of California, when he was struck by a pick-up truck being operated by ALBERT PANFILI . It is alleged that the County of Contra Costa and the Mount Diablo School District failed in their duty to maintain a safe crossing for young school children at this intersection. D. DESCRIPTION OF DAMAGES: The claimant sustained severe injury to his right leg and ankle and multiple serious contusions and abrasions . E,. AMOUNTS CLAIMED: General and special damages in the sum of SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS ($750 ,000 .00) for the aforementioned personal injuries. Dated: May 1, 1986 DOWNING & DOWNING By. ,yames C. Downing Attorneys for Claim 2 . LAW OFFICES OF 1 DOWNING a DOWNING 1460 MARIA LANE. SUITE 200 2 WALNUT CREEK. CALIFORNIA 94596 T[L[FMOM[ 44151 934.1011 3 4 5 ArMRNEYS FOR WNW111iPP Claimant 6 7 e In the Matter of the Application ) of VICTOR GONZALEZ , a minor, by ) 9 and through his guardian, DAWN ) DECLARATION OF JAMES C. GONZALEZ. ) DOWNING IN SUPPORT OF 10 ) APPLICATION FOR LEAVE TO Claimant, ) PRESENT LATE CLAIM 11 V. ) 12 COUNTY OF CONTRA COSTA, MOUNT ) DIABLO SCHOOL DISTRICT ) 13 ) 14 15 I, JAMES C. DOWNING, declare as follows: 16 1. I am an attorney at law licensed to practice law before 17 all this courts of the State of California, and a member of the 18 law firm of Downing & Downing, attorneys for claimant herein. 19 2. The failure to present a claim within 100 days of the 20 accrual of the cause of action is excused pursuant to Government 21 Code Section 911.6 , based upon the following facts: 22 At. all times herein, including the subsequent 100-day period 23 from the date of the accident, the claimant was a minor. 24 This application for a late claim is being filed within one 25 year of October 30, 1985, and, therefore, is made within a 26 reasonable time. I I declare under penalty of perjury that the foregoing is 2 true and correct. 3 Executed this lst day of May, 1986 , at Walnut Creek, 4 California. s ' 6 James C. Downing 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 uw OFFICES OF DOWNING a DOWNING 1440 NAS14 LAN! SUIT!too 9 WALNUT CRUX.CA 94504L 14151 1134 on LAW OFFICES OF 1 DOWNING Q DOWNING 1450 MARIA LANE. SUITE 200 2 WALNUT CREEK. CALIFORNIA 94596 TELEINONE 14151 034.1011 RECEIVED 3 4 MAY 5 ATTORNEYS FOR P6RIII1111 Claimant PHIL SATCHELOR a�RK wAw_q or_SuvERa50R9 �T 1kCON�.7wyc�SiA CO. 6 .a : �uL:Y�t. t1w1RF 7 e In the Matter of the Application ) of VICTOR GONZALEZ, a minor, by ) 9 and through his guardian, DAWN ) APPLICATION FOR LEAVE GONZALEZ , ) TO PRESENT LATE CLAIM 10 ) (Gov't Code 5911.4) Claimant, ) it V. ) 12 COUNTY OF CONTRA COSTA, MOUNT ) DIABLO SCHOOL DISTRICT ) 13 ) ) 14 To: COUNTY OF CONTRA COSTA and MOUNT DIABLO SCHOOL DISTRICT: 15 16 1. Application is hereby made, pursuant to Government Code 17 Section 911.4 , for leave to present a late claim founded on a 19 cause of action for personal injuries which accrued on October 19 30, 1985, and for which a claim has not been previously made 20 under the provisions of Section 911.2 of the Government Code. 21 For additional circumstances relating, to the cause of action, 22 reference-is made to the proposed claim attached to this 23 application. 24 2. Any failure to present this claim within the 100 day 25 period specified pacified by Section 911.2 of the Government Code is 26 excused pursuant to Section 911.6 (b) (2) of the Government Code r ' I in that the claimant was a minor during all of the times 2 specified in Section 911.2 for the presentation of the claim. 3 3. This application is being presented in a reasonable 4 time after the accrual of this action, as more particularly 5 shown by the attached declaration of James C. Downing. 6 WHEREFORE, it is respectfully requested that this 7 application be granted, and the proposed claim attached 8 hereto be received and acted upon in accordance with Sections 9 912. 4 through 913 of the Government Code . 10 11 Dated: May 1, 1986 DOWNING 6 DOWNING 12 13 By: aures C. Downing 14 ttorney for Claimant 15 16 17 18 19 20 21 22 23 24 25 26 LAW erne"" DONNING\OOWNINO YN NAOIA LAWS .. OYRC 700 WAYW1 CORA.CA NON .2- Y111f Oy.IpN r . JUN 3 1986 !�_ or XMIM of cam am, O=Mo c+u.O� _ rcriaN Maw the County, � � CS ,A CUAM=q rr June 24, -1986 govwmed by the Board of Supervisors, slab Copy s b toy� L yota" Routing &ados�semezatoa and Board *oboe of the &Oban taken on your elms* by the Action. All Section references are Board of supervisor. (Paragraph 17, below). to California Covw meet Own given pare=nt to Government Code section 913 sad 915.4. Please nota all wwarning e Claiaants Raymond 0. Horning COG*000w •ttorafys Kahn & Fasano 155 Montgomery St. , Ste. 1600 MAY 2 91986 Addreast San Francisco , CA 94104 hand delivered .,rt(inAa PJ 4" • . • Asaunts $100, 000. 00 Dy delivery to Clark an May 23 . 1986 Date Baosived: rrla*( a:3,II 4S 1y mail, postasrk d an : . ark of M Board O SuperviiRi rot Crary biigo Attached is a copy of the above-noted Clair. Dateds _ May 28, 1986 pHA. BATQ03AR, Clerk, by LX-P P, Popty a s . FER, county CCA el 16% claiewsoca (Check only one) ( �) '!tela claim complies substantially with Sections 910 and 910.2. ( ) 2bis claim FADS to comply substantially with Sections 910 and 910.2, tad We ars so notifying claimant_ The Board Cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on greased that it was filed late and send warning of claimant's rigfit to apply for leave to present a late *lain (Section 911.3). ( ) Others Dated: By: �T 6 pat younty oaansel III. IM: , • ark of the Board 70: Cl) County Counsel, (2) County Administrator r ( ) Main was returned as untiaely with notice to claimant (Section 911.3). IV_ SaARD OF= By unanimous vote of Superviscca present (() This claim is rejected in full. Others 11 tcauert-; ,yythat 03 Is a t:veiR 001"ot copy 'a as is s date. Dated Jud 4 1986 PHIL B TOMIM9 Qerk. Sp lLz-e- . Deputy Mark VAMM (Gov. Cc& 9e0tion 913) subJ00t to certain azoeptiians, yon have only siz (6) months from the date of this notice Mas personally served or deposited In the sail to file a Coact action en lois Blain, ase Govw ament Code 3wUan 945.6. You may seek the advice of an attamey of your eeoioe in ownection rith this fatter. If you want to Consult on attoesaey, you should do so immediately. •. nM: Clerk of the Board 'A: (1) COU0ty Cosaseul a (2) County Ad drAstrator Attached are copies of the above Claim. elle entified the Claimant of the board's action on this claim by sailing a copy of this docameat, and a sono thereof has been filed and dndorsed an the Board's copy of this Claim in a000rdwm with Section 29703• ( ' A vwming of Claimant's right to apply for l ,,��// t a late Chia was mailed L►TIDt� 19$6 V, bUTaMMa Clerk, By eave X� ec,79 VODUtY Clerk CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CON*��Capplication to: Instructions to ClsimantC!erk of the Board RI Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end his form. RE: im by ) Reserved for ps KcItA M a o t vtOv NzIbil RECEIVED MAY +,gg Against the COUNTY OF CONTRA COSTA) 3, 10 PHIL SATO EL R or DISTRICT) ER ooc LI, awSO (Fill- in name ) Bye. . Co kJ The' undersigned claimant hereby makes claim against the County.of Contra Costa or the above-named District in the sum of $ 10 0 0 DO and in support of this claim represents as follows: O Lo��OhQ� 'es-r( W �> ---------------------------:--------------- --------� L --- --- l. When did the damage or injury occur? (Give exact date and hour] ------ - ---njury-- -------- ------city------------- 2. Where did thle damage or ioccur? (Include and county) coop Costa zs t ae-q e b4, Q _ baca r.R�n 7io� Mars 1, 3. How did the damag o injury occur? Givfu e lletai�s, use extra sheets if required) GOd CEe'K bars k s 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Cont4Q.�- �cle� s , Plan n L n bei q - levelo ergo o a Q,1na 1 v e Trp � e � � pro `t�e-C"( N1f0'M �fiee �avA 6B � 1 n n o�vtti over) �rDs«r � , 5. What are the names of county or district officers, servants or- employees causing the damage or injury? CM nft ; What dbtnage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) nhnA tu 5jDa_44- 7. How was the amount claimed abobe couted (Include a estimated 1 amount of any prospective injury or amage. ) � pe C-so nal est w►a�e fm,r r-j h ow �'� could C oa oots ----- ------- � Y1 --Q---L---r- - --- --- fA-C--- --- --- =_ B. Names and addresses of witnesses, doctors and hospitals. 9---List-the -- ----------------------------------------------- . List the exF dtures you made on account of this accident or injury: ITEM AMOUNT i Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney �. ' QhI� sl:lV�� Claimant s Si ature `5h^ 1�16h, �bYVIE �C �Olte_ Ion 710 Sr MO_f-! 'S �d , 5q 'FrayLIS CO Cq 4 (0 4 Address n // � '�ttc c4 . Telephone Nd,41V 411-3W Telephone No. a ( _fib 7 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, .presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " .JUN' 3 1986 ;gym a► st�t�vi�ons a► oos'r� Coo�'r, COMO-= sm MW �� June• 24, 198E Qais &pInst the Wuntys Or blstfr'i CC TO CE--'a —W 04 too is has' governed by the Hoard of Supervisors• '!�► mP! kauLing ��� Htwtrd notice of the action taken as yrs' by the Action. ill Section rand Do" sore board *f �"Kwm D%r Ve 601409 to Californiaon, & Section GOVWrefent voles given pranant to coverrent Cads Section 113 and 915.40 nesse note all 'sWarai,00> O Maiasnts Quiller & Patricia Barnes CpAtr cDIM w lttormys David W. Rudy MAY 2 91986 Bianco, Brandi, Jones, Shane & Rudy Address& 44 Montgomery St, , Ste . 900 Mtfbn� ' San -Francisco , CA 94104by delivery toeclerk an .,.._.M33z?3r 3_QR6 �— �rxsits Undetermined Date lsceiveds May 23, 2986 by milt post w*md an s erk of SuPe sons : cokmty Attached is *,copy of the above-acted 02AWO Dateds M Pmt. 24"IELdR, Clarks by h�L� 7 � • ms : Clarksoe� (Check only gyne) 0 1lbis claim oomplies substantially with Sections 190 and 910.2, rds{ } so wtifyingaim claimant,to The Dowd omply substantially act awith cer 15 dayions s- 44&*ticm 0 and IMO.d) w a�a t It Vas ed { } lateMaiis not and Bendtimely warningiled. Mark shmad of claimant,& right toapply fns' lean 01810 OD ve toWA �prdaaat a late claim (Section 911,3)0 Dated: - 8Ys pY ty in, 11iQ!!s erk of the Board 703 Cl) ty Wmse*, (2) County Administrator { } Claim was returned as uotisely with notice to Olaimsnt CSsctim V1.93)• 11►. MW OIOB:R by unanimous vote of Supervisors Rwaat (�O Tws claim is rejected in full. oy the this s a true oorreet copy 'a an b erti sdnutes for this date, Dated& JUN 2 14M BRTMELOR, Clark, By r . Deputy Clark MAMW (00v. hole Sectim 913) Subject to certain acception& you lime Only six (6) months from the data Od thio sotioe was pen scruLUy served Or deposited in the Gail to file a *art aOUGG ao this Main, See Goverment Cade Seetim 9,596. You may seek the advice K an attaraey Of yar aho10e in 0onnsetton with this getter. If ym want to consult an attorney, you should do so Inmediately, r i�..�rr.rw�..�.rr.�■rn....�a 1r. nWi Clark of the board Vt CO Owinty Counmels (2) COwty Administtratar Attached are copies Of the above claim. 'lie notified the teTsimsnt 0f the board's action an this claim by selling a OM of this dWumts and a ssmo thereof has b m filed and endorsed an the Board's 0apy Of this Claim in a000erdawe with Sectim 29703• L } A warning of clsdsant'a rigbt to apply fbr leave to Vwept a late 02ais was nailed DATIDs� 1,9 ,�j„.VM WORE OR, Clark, Itr r Q _,! ... Deputy Clerk t CLAIM AGAINST COUNTY OF CON'T'RA COSTA (Pursuant to Government Code Sections 910-911. 2) CLAIMANT: Quiller Barnes Patricia Barnes ADDRESS: 258 Elderberry Court Hercules, CA ADDRESS TO WHICH CLAIM SHOULD BE SENT: c/o David W. Rudy Bianco, Brandi, Jones, Shane & Rudy 44 Montgomery Street, Suite 900 San Francisco, CA 94104 415/362-6100 DATE OF INCIDENT: February 14-15, 1986 PLACE OF INCIDENT: Behind the house at 258 Elderberry Court. FACTS SURROUNDING OCCURRENCE: On February 16, 1986, a large landslide occurred behind Claimants' home. The slide was caused, by a combination of factors including, but not limited to, cuts in and fill material placed on, the slope, inadequate drainage in hill, dangerously steep grade and lack of support. Claimants' property and the surrounding area was unstable prior to development of the area. (1) The County of Contra Costa granted permits for and approved the development and construction of homes in the area including Claimants ' home. In granting such permits and allowing/approving construction and occupancy of homes on this unstable hillside, the County breached its mandatory duties to protect public safety. Claimants relied on approvals of RECEIVED The County of Contra Costa in deciding to buy their home. MAY �V V (2) The County of Contra Costa PHILSA HELOR failed to require that precautions be LEAK ARD VERVISO TAAC TACO. taken in connection with the building of homes and roads on this steep hillside including Claimants' home. The County also failed to properly supervise and/or inspect the building of homes; grading of lots; stabilization of geologic conditions; placement, design and installation of drainage and sewer systems; and the cutting of the slope itself. (3) On information and belief, the County of Contra Costa conspired with developers, contractors and others in failing to disclose the nature and existence of previous slides in the area of Claimants' home and/or known unstable conditions when granting the aforesaid permits and approvals. (4) On information and belief, County of Contra Costa breached its mandatory duty to deny issuance of permits in relation to Claimants' home because the permits were incomplete and did not contain all applicable declarations. (5) With knowledge of the landslide hazards presented, as explained above, County of Contra Costa failed to warn Claimants of unstable conditions and hazards in and around Claimants' home prior to February 16, 1986. (6) The conditions discussed were dangerous conditions of public property which also existed nearby and adjacent to Claimants ' property. GENERAL DESCRIPTION OF INJURY, DAMAGE AND LOSS: Claimants ' property has been damaged. Claimants have spent and are continuing to spend money for engineering consultations, repairs, preventative measures, experts, attorneys fees, etc. , related to their property and the protection of it. Claimants' property has greatly diminished in value as a result of the landslide and its close proximity to their house, the threat to the stability of the house and other structures on the property. Claimants have also suffered great emotional distress, fear and anxiety over 2 - the damage to their property, the threat of future damage, the diminished value of their property and the amounts of money they are having to pay to learn about and protect their property. PUBLIC EMPLOYEE (S) CAUSING DAMAGE: Unknown at present. AMOUNT OF CLAIM: The amount of claim has not been determined with certainty. Expenses incurred to date: Approximately $1, 000 (including engineer fees, repairs and emergency measures, attorneys fees) . No present estimate as to amount of prospective damages which may include extensive repairs, expert fees, litigation costs (if necessary) , continued emotional distress and anxiety. No present estimate as to the full cost of repairs that will be needed to correct the existing condition and/or to repair any future damage to the house or other structures on Claimants' property. Dated: May 23 , 1986. BIANCO, BRANDI, JONES, SHANE AND RUDY By: Joel P. Gumbiner Attorneys for Claimants 3 - a poARD i! WPDVLWM 0E OWU 0001rff, . lOUt1m Claim Against the County, or bistriet V MCS TO Q.A1�1rf June '24*, 1986 governed by the Board of SuperviMrSt The Copy Or-Ods document wiled !o foo Is gots' flouting Dowsements, and Board notice of the SCUM taken oD yar elate bF the Action. 211 Section references an Hoard of Supervisors OWWraph 179 belcOlp to California Government Codes given pursuant to Government Cods Section lf13 and 515.4. Please now all gft1J" lags". Maittatttt Charles D. Barton & Cindy. Barton Charles G. Barton, a minor COU�fY counsel AttorarY: MAY 2 1 1986 Address: 917 Randy Lane San Pablo, CA 94806 Hand delivered Martinez) CA, 94!)bS. Amounts $1 , 000, 000. 00+ By delivery to clerk on m3;z 99, 1gRr, bate pacelvedt May 22 , 1986 By nail, postmarked an 1704. ark of the 19H of 375pervisors 168 Y Diaz Attached is a copy of the above-noted Claim, bated: May 24, 1986 PH= BATG4M=, Marc, W peptsty ath EZailes- - MO : cotrity : ark ace's (Check only one) ( This claim complies substantially with Sections 910 and 510.2e (� This claim FAILS to o®ply substantially with Sections 510 and 5110,2, and tea ac's so notifying claimant, The Board oannot act for 15 days (Section 910.8). ( ) Claim is not timely filedo clerk should return claim on gro" that it teas Mod late and send warning of claimant's right to apply for leave to present a late claim (Section 911,3), t 11 Others mated: - BY: , c c v" Putt tY III, FMt Clerk of the Board Tat (1) County Costsel, (2) County Administrator t Clain was returned av sstttsely with Wtioe to Claimant (Section 911.3), IT* NOAYO oto By WM'dmous vote of Supervisors present tY,) This Claim is rejected in full, ( ) Othar: oerti y tha —this in a true ZO correct CopyOrdun f4 9oardls er is 01MAes for this date. Dateda PHIL >lATCFMLM, Clark, by Z�e_� , !epLy Clerk VAWW (Cove Code Section 913) SubJset to oWOWn eWoeptiow, rote Lave only ei: (6) months frrm the date cP W& notice Was persor:slly eerved or deposited in the sail to file a cart action an this claim. ace Gov81-13memt Code Section 94506. Tote nay seek the advice Cf an attaTAY of yap Choioe in wymtion With l.fds natter, If you rant to 0001MAt On 6ttorTAY9 you should do so ismediatelye 7. RM: Mark of the Board IDs Cl) County OWNWI9 (2) Cos:ty Administrator Att &Ad are Copies of the above claim. We notified the claimant of the board*& action On this Claim by nailing a Copy of this dwment, acid a snao thereof has bM filed and andm"d oa the 804rd's Dopy of this Maim in aoomdanoe with Seetioa 29703, ( ) A Warning of Claimant's right to apply ibr leave t s lets elms teas mailed D1TIDs�.I �� PSI. B&TOOMs Mork, By , DePutY Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF r Government Code, Section 910, et se re: Barton v. Contra Costa County RECEIVED TO: Contra Costa County MAY o�, 1986 Clerk of the Board i%OS P(" PH k BATCHUC. 651 Pine Street ecr.B o suP os Room 106s co Acosi Cl Martinez., CA 94553 Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claims damages and equitable relief from Contra Costa County. 1. The name: and post office address of the claimants are: Charles D. Barton Cindy Barton Charles G. Barton, a minor 917 Randy Lane San Pablo, CA 94806• 2. The address to which notices are to be sent is: 917 Randy Lane San Pablo, CA 94806 3. The circumstances which give rise to this claim occurred on February 17, 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 claimants. 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 laimants ' damages is in the "Itemization of Damages," which is Etta ed heret ' Ma 1986 , f, • Char es D. Barton, indivivally Cindy Barton and on behalf of his son Charles G. Barton, a minor CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Barton v. Contra Costa County THE BASIS OF THE CLAIM Claimants 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 claimants 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 claimants. 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; (d) Expense for debris removal including reasonable compensation for time of claimants and volunteer laborers; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Barton 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 claimants' family; (h) Expense: for medical services incurred in the treatment of claimants' 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. (n) For each adult claimant, loss of consortium of the spouse said claimant due to physical and emotional injuries; spabclm.rpt i i I I i I oQr or cam cwrl amra. CtLII4�Zi �� 1GtiOB AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY �-� FLOOD CQNTROL AN�WAT� ONSERVATION 7,�T�� w June 24,- 1986 Maim ed by t the Casty, or is s -'{"Mal- to yen is W Aoveraed by the Board of Supsrvisars, She oop�! claim flouting f�dorsaIDrnta I and Board notice of the action taken an yor ��� Actim, All Section refer*enow ars Board of avervi are (paragraph l7, to California Covernmmt codas given pursuant to Governmecst tbds SsOtien IM3 am 91504. Please note all "iter ninwo Maiaantt Charles D. Barton, Cindy '$arton, County Counsel Attorneys Charles G. Barton, a minor MAY 2 7 1986 Addreest 917 Randy Lane Maftez,"CA 94=6 San Pablo, CA 94806 Hand delivered . #� - Amounts $1, 000. 000. 00+ IV delivery to clerk On May 22 1986 nate Received: May 22, 1986 by mail, postaafted on Clerk if ER Board of Supe sous 208 y Attached is a copy of the above-noted claim, yams May 24, 1986 per, UTCHELOR, Marko sy Ospsty = County : ark mors (Check ally one) ( ) ibis claim complies substantially with Sections 910 and 910.20 (� 'ibis claim FAITS to comply substantially with Sections 910 and 910029 and we ars so notifying claimant, The Board cannot act for 15 days (Section 910.6)0 ( ? Maim is not timely filed. Clerk should return claim an ground that it eras filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others bated: Deputy County 1 III, nM: Clerk of the Board 10s (1) County Counsel, (2) County Administrator t ( ) Maim was returned as untimely with notice to claimant (Section 91103), IY. 1lM1d? QmFR By unanimous vote of Supervisors present 00 ibis claim is reyeeted in full. ( ) Otfsers R'ftffy�— s Is a true and correct copy the order en is minutes for this date. 71 Dated: JUNCFTid "M BATM, Clerk, By a��_ . Deputy Clerk WAWW (OW, Code Scotian 913). esc Subject to certain epticas, you have only sir (6) aonths tram the date cd this notice w" persoctally served or deposited In the mail to file a oast action cc this alma. Sob Govars>lmsnt Code Section 945,60 !au my seek.tbe advice of an atta may of ytxa *110100 in 00120C ton with this !attar, If you rant to consult an attumay, you should do so Immediately. 1, "Wt Clerk of the Board SDs Cl) Oaaity Cou»al0 (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardts action an this claim by sailing a copy Of this document, and a memo thereof has been filed Mind endorsed as the Board's copy of this Claim in Wooedanoe with Section 29703, ( ) A wraing of eLdasntts right to apply Abe• leave to to as late claim has sailed to A'almenDATIDS JUN 3 0 6 tf�t, f9AT UUM. Mark. By Q Deputy Meek tr CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE'RELIEF Government Code, Section 910, et seq re: Barton v. Contra Costa County Flood ControlEistrict RECEIVED TO: . Contra Costa County Flood Control District MAY',2oii9$6 Contra Costa County 651 Pine; Street 1;05P•IV% - Room 106teGKeKLSATo�s�ox Martinez, CA 94553 � c i�C ST D O r Pursuant to the provisions of Section 910, et seq. of the Government Code of the State of California, claimants claim damages and equitable relief from Contra Costa County Flood Control District. 1. The name and post office address of the claimants are: Charles D. Barton Cindy Barton Charles G. Barton, a minor 917 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is: 917 Randy Lane San Pablo, CA 94806 R 3. The circumstances which give rise to this claim occurred on February 17, 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 a` County Flood Control District whose names and identities are not presently known to claimants. 5. The amount of damages claimed is $1,000,000, plus an amount, presently unknown, but believed to be several million dollars, for k the repair, of drains a systems to prevent future flooding. The i description cif the la'mants' damages is in the "Itemization of Damages" �ich i� a to hed hereto. i May .9'86 -- -- - - - 0"� --- Y Y - Char es D. Barton, divivall Cin BaCrton and on behalf of his son Charles G. Barton, a minor CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Barton v„ Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimants 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 claimants 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 claimants.. 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Barton v. Contra Costa County Flood Control District (d) Expense for debris removal including reasonable compensation for time of claimants 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 claimants ' family; (h) Expense for medical services incurred in the treatment of claimants ' 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. (n) For each adult claimant, loss of consortium of the spouse said claimant due to physical and emotional injuries; spabclm.rpt UAV or s7i2Atmc R CORA wA OUR. ty1mwIA Clain Against the Oamtyo or bistrOt M 20 Q AMW June 24, 1986 �oveiaed by the board of Supsr►isss• a =men sd to ion Is ova" Routing Huta• and Board soticof the action taken an 71W seats by the Action. All Section reforenose srs Sward 0f.super-dsors (Par'!8'aFb 17e balw)t to California Govw1went codes given pursuant to GOTWTo vet Code ssctian ILS and 915.46 tlease sots all wwaesbar e Claimants Samuel George Benson ca"CMU Attorneys MAY 3 0 1996 Addrssss 234 El TAonal 94563 hand delivered .�� Orinda, C ANOMts Unknown as yet . Sy deliwry to clerk on May 28 , 1986 Date Beodved: May 28, 1986 By sails postaarksd m . s erk if Ug Board of -9upeFHWM 168 y Attached is a copy of the above40W dais. baths May 30 , 1986 pM UTCtffiAR, Clarke By IMM: y cowail, 7DI G1w%-Or the so" cc (Check only ane) ( ) This claim oompllw substantially with Ssetions 910 sad 910.2. ( This Claim TA= to comply substantially with Sections IMO and 910.29 Wd w spa so notifying claimant. The Board cannot act for 15 days (Section 910604 ( ) Claim is not timely filed. clerk should return claim on grOZA that it was filed late and send warnsof claimant's right to apply for leave to PNOOnt a late claim (Section 911.31. ( ) Other: Dated: -Deputy tY cowmi III. nMt Clerk of the Board TDs (1) Caasty CoUrAele (2) County Administrator r ( ) Claim was returned as ontieely with notice to claimant (Section 931.3). I9. Sim am By M nimous Ate of Supervisors present (� This claim is rejected in full. ( ) Others carts y thit this is a neve anA correct Copy of the BaardIa order -a-UWR rz o mimgw for this date. Dated: JU PM BATCIB' M9 Mark Sy ' � • Deputy Mark VAit M (Gov. Oc& section 1113) subJect to certain smoePtiocat You have only six (6) months tram the data or this sotioe was Personally served or deposited in the sail to file a oast action an this alms. see Government Code Ssotion 95.6. Tau say seek the &Mae of on attorwy of Yar aaoios in Owvm otion with this setter. If You want to consult an attorveye You sh Ldd do so Immediately. 1. nMs Clark of tee Board TDs Cl) OountY coassel, (2) Ooasty Administrator Attashad ars copies of the above claim. Ve notified the claimant of the soardts action on this Claim by nailing a copy of this doomeat, and a memo thereof has bmm filed and sedoraed an the Dowd's GORY of this Claim in aeowdanoe with section 29703. ( ) A vwmi�ng�ct DIA11 antis right to OWY for leave Cto present a late Glair wad sailed DITIDsto 3 0 1IRA PM UTCi M 9 Mark. By�X• S7�/� . DePAy Clerk RECEIVED MAY Claim of SAMUEL GEORGE BENSON, M.D. ) PHIL BATCHELOR 1CLZ NARTRq TPERVISO against ) CLAIM F \ ... "' " TO PROPERTY COUNTY OF CONTRA COSTA ) } TO THE COUNTY ADMINISTRATOR OF CONTRA COSTA COUNTY: 1. You are hereby notified that SAMUEL GEORGE BENSON , M.D. , whose address is 234 E1 Toyonal, Orinda, California 94563 , claims from the County of Contra Costa damage to his property caused by a slide on February 17 , 1986, in an amount according to proof. 2. This claim is based on a slide which occurred on his property on February 17 , 1986. 3. The claimant does not know the names of the public employees who caused claimant' s damage. 4. The damage sustained by claimant to date consists of: (a) Loss of several trees on property which were uprooted, sliding of hillside which resulted in damage to the driveway, damage to landscaping, loss of redwood fence and significant disfigura- tion of property. 5. The damage expected to be incurred in the future: (a) Unknown. j 6. All notices and communications with regard to this claim should be sent to: SAMUEL GEORGE BENSON, M.D. 234 E1 Toyonal Orinda, California 94563 i Dated: May 27, 1986. SAMUEL GEORGE BENSON, M. D. i I l - ---- --. _. 9999. . ar wiovgm or AW Cosa Corfu. CLVMD Male &pIrwt the Clmmty, or bistrietZCS 1p Q f June 24 1986 sovarced by the Board of Suparvisora, The copy aad too to Ton is Par Pouting Vx$w$emwte s and Board sotioe of the gotten taken on liar elms by the Actlon, All Section references are Board of Supardsors CPAMV4 ph Vo below)• to California Government codes Biwa p:rsuant to Government code Section 113 and 315.6• rlease note all share DWo Claisatts Kimberly Dawn Chittock, by and through her guardian at lit%m, Wesley Chittock 14NMfy p,,,.___, Attamwys Michael J. Shane Redmond & Shane 3 i988 Address: 251 Oak Street San Francisco , CA 94102h"VWTi e M June 3 , 198 `rw �Q53 Agotsttt $100, 000, 000. 00 ft nate Beodwdt June 3, 1986 By mil Dosturked an erkU M130d of Npervisors t y MWOM Attached is a copy of the above-noted elaia. Datedt June 3, 1986 M BATOMMM g Clark# m► KL �t7 s y s (Check only one) (x) This claim Complies substantially with Sections 910 and 910.2. ( ) 2wa claim FAn.S to oomply substantially with Sections 910 and 910.2, WA we are so notifying Claimant. The Board oannot act for 15 days 4Seetien 910.09 ( ) Male is not timely filed. Clerk should return claim an ground that it was filed late and send warning of claimants right to apply for leave to pr%exant a late claim (Section 911.3). ( ) Others natedt _ BY: putt camty III. 06s Clerk of the Board Tot (1) Chatty cotstselt (2) County Administrator r ( maim was rete as untimely with notice to claimant (Section 911.3). IT, IDATO BY a nimous vote of Supervisors Pleent ( lhis claim is rejected in full. ( ) Others Certify that this In a true end Correct copy of the i& is an is nLAas farDated JUN Z:J INa PEI SA'!' MM 9 Mark. By 7C/ _s— • Pl*y Clark 0 VAMM (00.. Code Section 9i3) Subject to Certain esoeptionst you !gave Gay sin (6) months from the date cc tats botioe has persatally served or deposited in the sail to file a court gotten Co this a same See Government Code Section 9~596. Tau gay seek the &Mee of an attorney Cf liar &%nice in =awe Ion with tats r`tar, It you want to consult an attorneys you Should do so ioediatelys To nMs Clerk of the Board TDs Cl) Casty 0wxM1,0 (2) Ca mty Administrator Attadted are copies of the above claim. Ve notified the Claimant at the Scardta action on this Claim by sailing a Copy of this doetmentn end a servo thereof has been filed and endorsed on the Baud's Copy of this Claim in a000rdanoe with Section 29T03• ( ) A warning of oltimant*s right to apply fbr leave to 'ent a late claim was tailed t. Di1TIDt 10 1986 !ffiL 1llTQGZpR 9 Clerk, Byr4z Vnsputy Mork It ' tl LAWOFFICES REDMOND & SHANE TWO FIVE ONE OAK STREET SAN FRANCISCO.CALIFORNIA 94102 (415)621-3366 MICHAEL J.SHANE ALAMEDA OFFICE TERENCE A.REDMOND SOUTHSHORE ALAMEDA,CALIFORNIA PHILIP T.PRINCE (415�627-5515 June 2 , 1986 Clerk, Board of Supervisors County of Contra Costa 651 Pine Street , Room 106 Martinez , CA 94553 Re : Claims against County of Contra Costa Dear Sir/Madam: Enclosed you will find three (3) claims we are filing against the County of Contra Costa on behalf of our clients: Wesley Chittock; Jaunita Chittock; and Kimberly Chittock. Your prompt attention to these claims will be most appreciated. Thank you. Very truly yours, REDMOND & SHANE by MICHAEL J. SHANE MJS : jb Enclosures LRECEIVED 1986 LOA ST CROV,SORRt µ �DYty CLAIM AGAINST COUNTY OF CONTRA COSTA CLAIMANT'S NAME: KIMBERLEY DAWN CHITTOCK, by and through her Guardian ad Litem, WESLEY CHITTOCK CLAIMANT' S ADDRESS: 7 Robinsdale Road Martinez , CA ADDRESS TO WHICH NOTICES ARE TO BE SENT: c/o REDMOND & SHANE 251 Oak Street San Francisco, CA 94102 EXACT LOCATION AND DESCRIPTION SUFFICIENT TO IDENTIFY: Pacheco Boulevard, approximately 152 feet West of De Normandie Way, in an unincorporated area, Contra Costa County, California HOW DID IT OCCUR: On February 25, 1986 , at or about 7: 30 a.m. , claimant, a pedestrian, was struck by an automobile driven by Martha Alexandria Gonzalez while claimant was crossing Pacheco Boulevard at a point approximately 152 feet West of De Normandie Way. The accident in which claimant was injured was a direct and proximate result of the negligence of the county of Contra Costa, its agents and employees, who while acting within the course and scope of their agency and employment on behalf of said governmental entity, created, designed, constructed, maintained and failed to warn of a dangerous and defective condition on public property, to wit: the location and surrounding area of public roadway where claimant was injured. Said dangerous and defective condition was not corrected within a reasonable time after said governmental entity, its agents and employees received actual and/or constructive notice of said dangerous and defective condition. DESCRIBE DAMAGE OR INJURY: Major head injury, brain damage, broken leg , pain and suffering, emotional distress , medical and related expenses, loss of future earning capacity. RECEIVED JUN 3 1985 PHIL BATCHELOR B rCLEAK RD�UTA ��� , v'^ !IA ttrlvvy� vvv^"'^^^ NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE: Unknown. AMOUNT OF CLAIM: $100 ,000 , 000. 00 ITEMIZATION OF CLAIM: Special Damages: Approximately $180, 000 and continuing General Damages : According to proof REDMOND & SHANE v ' Dated: June 2, 1986 by M CHAEL J. SHANE, Esq. Signed on behalf of Claimant , KIMBERLEY DAWN CHITTOCK -2- BARD or wmrn t•S Q AW �!!i fi'i. dLaaerll Claim WIst the County, or bistriot �'i'Iex 2C Q.AD� W June 24, 1986 icvw wed by the Do" of' Supervisors. !bs ooP7 e�uua Coons Mt sssuied to Ia !ON!' Pouting Brdocsemeznto I a:bd Board aotios of the action taken an lour data by am Actien. All Section reference ars Soatd of Duperd&" &WVSYWh ITA b dm)s to California Government Codes Given pursuant to Government Code Deotim W3 and 915040 Hesse note all eiiar*wo Maiaants Wesley Chit tock contycrosel Sttorneyi Michael J. Shane JUN 0 31986 Redmond & Shane Sadresss 251 Oak Street ftbna&A San Francisco , CA 94102 hand el 've ed Amowts $100 , 000, 000. 00 By delivery 013 - June 3. 1986 Date Bcosiveds June 3 , 1986 By mils postmarked an : Clark if t5i Board o pe stirs lot DaRy Maim Attached is a Copy of the above-noted OLts. Bated& June 3 , 1986 PHIL SUCHMOg MWks By LAU 2XIes : y s —marwor tin an-IV or DQWRNWM� (Check only one) (/A This claim complies substantially with Sections 910 sad 940.2. ( D This claim rA= to comply substantially with Sections 310 and 910.29 sad w aft so notifying claimant. The Board Cannot act for 15 days (Section 910.d). ( D Maim is not timely filed. Clerk should return claim an ground that it was Piled late and send marring of claimant's right to apply for leave to present a late claim (section 911.3). ( ) OthsrA bated: ��e. putt ty l 3210 FkHt Qark of the Board 700 (1) County Couruwl s (2) County tdminiatrator r ( ) Main was retwned as ssntissely with notice to claimant (Section 9x1.3). IY. B GRD BY UNWdmous vote of supervisors prssaat ( ) Phis claim is rejected in toll. ( D Other: certify that s Is a true iR Correct copy a the 's order entared In its d for this date. Dated& JUN-2 4 lagg PHIL DA1'LTIP M t Merks DOMY Clerk VAMC (Gov. Code ssoticn 913) &Abject to certain exoeptionsg you lave Caly six (6) sonths from the date Cd this Dotioe was Personally served er deposited in the mail to rile a oasrt actin an this algia. Des Goversaeot Code Section 445.6. Tau say seek the advice Cf an att wy Cf yasr choice in Conaectton rith this ,atter. Imon-nowwwwwwot ?ou warm tc consult an attorA�eys yoe should do so tssmediately. ♦. XWs Clerk Cf the Board !Ds Cl) Couesty CWAsel s (2) Canty Administrator Attached are Copies of the above claim. We notified the Claimant of tM Sardis action can this Claim by sailing a copy Cf this domvmtg and a memo thereof has been riled Md endorsed on the Board's Copy of this Claim is acoodaaoe with Section 29703. ( D t "Lmii ng�of claiaantfs right to apply ter leavement a IOU claim was ,ailed D�ITIDs�iUN 3 0 �9 f VM MT=M a Clerks by DIPAY Clerk LAW OFFICES REDMOND & SHANE TWO FIVE ONE OAK STREET - SAN FRANCISCO,CALIFORNIA 99102 (415)621-3366 MICHAEL J.SHANE ALAMEDA OFFICE TERENCE A.REDMOND SOUTHSHORE ALAMEDA,CALIFORNIA PHILIPT.PRINCE (415)523-5545 June 2 , 1986 Clerk, Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 Re: Claims against County of Contra Costa Dear Sir/Madam: Enclosed you will find three (3) claims we are filing against the County of Contra Costa on behalf of our clients: Wesley Chittock; Jaunita Chittock; and Kimberly Chittock. Your prompt attention to these claims will be most appreciated. Thank you. Very truly yours, REDMOND & SHANE by MICHAEL J° 'SHANE MJS: jb Enclosures RECEIVED JUN 3 1986 PHIL TCMELOR 6 ERN ORS TR 0 s COiLIPERV, uty CLAIM AGAINST COUNTY OF CONTRA COSTA CLAIMANT'S NAME: WESLEY CHITTOCK CLAIMANT' S ADDRESS: 7 Robinsdale Road Martinez, CA ADDRESS TO WHICH NOTICES ARE TO BE SENT: C/o REDMOND & SHANE 251 Oak Street San Francisco, CA 94102 EXACT LOCATION AND DESCRIPTION SUFFICIENT TO IDENTIFY: Pacheco Boulevard, approximately 152 feet West of De Normandie Way, in an unincorporated area, Contra Costa County , California HOW DID IT OCCUR: On February 25, 1986, at or about 7 : 30 a.m. , claimant's minor daughter , Kimberley Dawn Chittock , a pedestrian, was struck by an automobile driven by Martha Alexandria Gonzalez wnile claimant 's daughter was crossing Pacheco Boulevard at a point approximately 152 feet West of De Normandie Way. The accident in which claimant ' s daughter was injured was a direct and proximate result of the negligence of the county of Contra Costa, its agents and employees, who wnile acting within the course and scope of their agency and employment on behalf of said governmental entity , created, designed, constructed, maintained and failed to warn of a dangerous and defective condition on public property, to wit: the location and surrounding area of public roadway where claimant 's daughter was injured . Said dangerous and defective condition was not corrected within a reasonable time after said governmental entity , its agents and employees received actual and/or constructive notice of said dangerous and defective condition. DESCRIBE DAMAGE OR INJURY: Loss of society, affection and comfort, wage loss, loss of future earning capacity , emotional distress, pain and suffering, medical and related expenses for care of claimant 's daughter , Kimberley Dawn Chittock, medical and related expenses for claimant. RE731985 ED JUINCN9por so ERV 9� nv. • NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE: Unknown. AMOUNT Of' CLAIM: $100 ,0001000. 00 ITEMIZATION OF CLAIM: Special Damages: According to proof. General Damages : According to proof REDMOND & SHANE Dated: .dune 2, 1986 by MICHAEL J. SHANE, Esq. Signed on behalf of Claimant, WESLEY CHITTOCK -2- JUN 3 1986 or aopsRvim or Cam Cowl own, M-K-2 1H • lam__._ Claim Against the County, or bistriCt BaflCf; 10 CUDW June '24; 1986' governed by the Board of Supervisors, 1!=s Copy or-me aw-Um Waled to you L you=r Routing ZrAorsaamte, and Board mottos of the action taken m your alms by the Action. All Section refer-snow are Board of Susparvisors (Paragraph IT$ below), to California Government Codes given Pursuant to Government Cods flection 913 and 915040 Please note all Wwlarniwo Claisonts Barbara Coleman Attorneys Lee H. Durst nu11Se( Lee H. Durst Law Offices MAY 271986 Addrrsss: 352 Third St. , Ste. 202 Anomts Laguna Beach, CA 92651 1by delivery to clerk on Martlniz, GA 94553- $400, 000. 00 UtO llsoedvsds May 23 , 1986 By ■ail, postaarked on May 21 1986 Cert. # P 240 _162 93 . ark if the Board of supe sore s �y Attached is a copy of the above-noted claim. bated: May 23 , 1986 per, shTCHMM, Clerk, By Deputy y 4r20W es Me : CoMEY s Mork Or the SM Of BQWrV=WM (Check only one) (x) This claim complies substantially with Sections 910 acrd 910.2. ( ) This claim FRMS to comply substantially with Sections 910 and 910.29 mid we ars so notifying claimant. The Board cannot act for 15 days (Section 910.0). ( ) Claim is not timely filed. Clerk should return claim on ground that it Was tUed late and send warning of claimantfs riot to apply for leave to present a late claim (Section 911.3). Others faated: By: Deputy dizfy In, FWH: Clerk of the Board 70s (1) ty Counsel• (2) County Administrator 0 ( ) Maim wan returned as untimely with notioe to claimant (Section 931.3)• NEW I9. mAND W= By unanimous vote of Supervisors present (�) This claim is rejected in full. ( ) Others oartify-t—hat this Is a true and correct copy of the 's en is minutes for this date. sDeputy Renk flaLedr JUN 2 4 9RA � RMBATCIiS.OIt. Clerk. By �t�� WARM M (Gov. Code Section 913) &bJe0t to certain exceptions, you have only six (6) sonths Dram the date of this notice Mas personally served or deposited in the mail to file a cart action on thLM alms. Sas GovW=Wt Code Section 915.6. You say seek the advice of an attorney of your ahoioe in connsatias with tats •,atter. If you want to Consult an attorney, you eheuld do so immediately. v. !Acis Mark of the Board JDs Q) Cwmty Ccustsel, (2) County Administrator Attached are copies of the above claim. we notified the claimant of the Board's action on this claim by sailing a copy of this doemm mt, and a ssmo thereof has bets filed and c'lo'sed on the Boar'd's copy of this Maim in a000rrdence With Section 29703. ( ) A Warning of elaimant•s right to gpPly rw !save to a late claim Mas nailed WEN 0 0986 PM KTQE=, Clerk, By , bepsty Clerk l (SPACE BELOW FOR FILING STAMP ONLY) ` r I, LEE H. DURST ATTORNEY AT LAW 2 952 THIRD STREET. SUITE 202 LAGUNA BEACH. CALIFORNIA 92651 TELEPHONE (714) 497.9947 3 BAR NUMBER 69704 4 5 Attorney for Claimants 6 7 8 9 10 11 In the Matter of the Claim of ) CLAIM AGAINST PUBLIC ENTITY BARBARA COLEMAN, An Individual , ) [GOVERNMENT CODE SEC. 9101 12 and BARBARA COLEMAN & ASSOCIATES, ) A Nevada Corporation, ) 13 Claimants, FMAY VED 14 ) -vs- ) 195r, 15 \) COUNTY OF CONTRA COSTA, STATE OF ; PHII ATCtE, 11 16 CALIFORNIA. / CLe oA SUPER ISOq$ �� NT CO A oBPerr 17 18 Claimants , BARBARA COLEMAN and BARBARA COLEMAN & 19 ASSOCIATES , hereby present this Claim to the Board of 20 Supervisors for the County of Contra Costa , State of California 21 pursuant to Section 910 of the California Government Code c/o 22 JAMES R. OLSSON, County Clerk for the County of Contra Costa , 23 California , 725 Court Street, Martinez , California 94553 and 24 VICTOR J . WESTMAN, ESQ . , County Counsel for Contra Costa , P 0 25 Box 670 , Martinez, California 94553 : 26 YOU ARE HEREBY NOTIFIED that BARBARA COLEMAN , an 27 individual , and BARBARA COLEMAN & ASSOCIATES , a Nevada 28 Corporation, both of whose mailing addresses are Post Office Box -1- 1 17294 , South Lake Tahoe , California 95706 ; claim damages from 2 THE COUNTY OF CONTRA COSTA ( the "County ") in the amount , 3 computed as of the date of presentation of this claim, of Four 4 Hundred Thousand Dollars ( $400 ,000) . 5 This claim is based upon the following facts and .6 circumstances : 7 ( 1 ) Claimants are the owners of certain real property 8 improved with a single-family residence, commonly known as 1377 9 Rudgear Road , City of Walnut Creek, County of Contra Costa , 10 State of California. 11 ( 2 ) Prior to the purchase of said property by m ;ate 12 Claimants , the County represented to Claimants that it would e 13 undertake to repair and remedy , and would repair and remedy , o �n 14 earth movement and conditions leading to such earth movement on Wo �< = 15 a hillside lying partly within said property and partly within J i x m x nZd 16 property owned and/or controlled by said County of Contra Costa. M : � 17 J ( 3 ) Said attempts to repair or remedy said earth 18 movement problems proved inadequate and , on or about February 19 16th or 17th , 1986 , significant earth movement occurred on said 20 slope , resulting in substantial damage to Claimants ' said 21 property and all improvements thereon. 22 ( 4 ) On or about the 16th or 17th of February , 1986 , 23 said acts or omissions by the County resulted in substantial 24 earth movement on Claimants ' said property , severly damaging 25 improvements thereon, including, but not necessarily limited to, 26 the driveway and utility pipes, cables and conduits , resulting 27 in loss of access to and habitability of the residence on 28 Claimants' said property and requiring the total demolition of -2- s 11' all improvements situated on said property. 2 ( 5) The County failed or failed adequately to repair or 3 remedy such earth movement , and the cause or causes thereof, 4 failed to provide lateral and/or subjacent support to Claimants ' 5 said property , thereby creating a nuisance on and a trespass 6 upon Claimants ' said property and/or acted with negligence in 7 the County ' s remedying , or failing to remedy , said earth 8 movement and led to the taking of Claimants' property. 9 The name ( s ) of the public employee ( s ) causing 10 Claimants ' injuries under the described circumstances are 11 unknown to Claimants. m om „ 12 Claimants are unaware of the exact amounts which would 0 m < � � � 13 be required to remedy and repair said conditions and the causes K .J N 0 a o ` < Q 14 thereof at the present time and , therefore, claim damages for �i ; ° r, = zm = 15 the diminution in value of said Wg � ` = property in the sum of $170,000 , W J « m x «< 16 holding costs of $2 , 500 per month and demolition costs of nzd 17 $200 ,000 ; for a total as of this date of $400 ,000 . 18 All notices or other communications with regard to this 19 claim ;should be sent to Claimants ' attorney at the following 20 address : 21 LAW OFFICES OF LEE H. DURST 352 Third Street, Suite 202 22 Laguna Beach, California 92651 23 DATED: May 19 , 1.986 24 25 By : - LEE H.' DURST 26 Attorney for Claimants 27 28 -3- VERIFICATION ' STATE OF CALIFORNIA, COUNTY OF 1 have read the foregoing and know its contents. ® CHECK APPLICABLE PARAGRAPH ❑ I am a party to this action. The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. ❑ I am ❑ an Officer ❑ a partner_ n a. of - a party to this action, and am authorized to make this verification for and on its behalf,and I make this verification for that reason. ❑ 1 am informed and believe and on that ground allege that the matters stated in the foregoing document are true. ❑The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on information and belief. and as to those matters I believe them to be true. ❑ I am one of the attorneys for____ , a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices, and I make this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. Executed on —_--_ 19—, at California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Type or Print Name Signature ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT (other than summons and complaint) Recei%ed copy of document described as_ on— 19 . Y Type or Print Name Signature PROOF OF SERVICE STATE OF CALIFORNIA. COUNTY OF ORANGE 1 am employed in the county of Orange State of California. I am over the age of 18 and not a party to the within action; my business address is: _352 Third Street, Suite 202, Laguna Beach, California_92651 On. May 20 —19--L6, 1 served the foregoing document described as CLAIM AGAINST PUBLIC ENTITY _on County of Contra Costa, California in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: VICTOR J. WESTMAN, ESQ. JAMES R. OLSSON, County Clerk County Counsel for Contra Costa County of Contra Costa P 0 Box 670 725 Court Street Martinez, CA 94553 Martinez, CA 94553 CERTIFIED MAIL (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Laguna Beach_, California. Executed on May 20 19-8-6 , at Laguna Beach California. ❑ (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices of the addressee. Executed o 19. at , California. ® (State) 1 declare under penalty of perjury under the laws of the State of California that the above is true and correct. ❑ (Federal) 1 declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. VIRGINIA BOUCHER Type or Print Name Signature STUART'S EXBBOOK TIMESAVER(REVISED 6/63) IMey U ufed M Oeatorna Srate or federal G U¢! /,4,, AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD — _ CONTROL AND WATEJR �C0�SE VATION DIST June 24, 1986 Clain Aaaiast the Oau:ty, or Diatriet to gMew ed toss pour governed by the Boof Supervisaas, go 00" s ard 11outiAg B•,dorsamts, and Board motion of the satiwn taken m your dl t" Action. All Section retarenm w* Board at a ervison r ewvsrgb • balor)e to California Oovernment_Oodas given p=' Ktt cob m !L3 sd 915.g0 �� w Claimaatt Pauline Botelho Cowty Cwwal Attorawy: Jeanette K. Shipman JUN 0 4 1986 Sterns , Smith, Walker & Grell Address: 280 Utah Street San Francisco , CA 94103 H Amounts $1 , 000, 000. 00+ �yi a+�ireiidrh an May 28, 1986 Date BeOdwdt May 28 , 1986 By nail. postmarked an . —Mork Board Of Pe non : CdMtY Attached is a copy of Uw above-oted 01412. (� Dated: June 3 . 198-6—PM BAYY M"s Clarke By Uo� 7mms- Y cotmal 7D& ClarW (Check only ane) (�) This claim onmplies substantially with Sections 910 and 910.2. ( ) This claim lAnS to oaoply substantially with Sections 910 and 910.29 and M SIM so notifying claimant. The Board oannot act for 15 days (Seotiee 1110.0. ( ) Claim is not timely tiled. Clerk should return elaim an gro:a:d that it was tiled late and send warm of olaimantla right to apply for leave to present a lata alms (Section 917..3)• ( ) Othsri mated! BY ST to putt' ty IIt. POW: Clerk of the Board 70: (1) Cou:ty Cable (2) County Administrator ( Claim wu returned as notimely with notice to claimant (Section sun). lye Bowe am By uumnimoua vote of Snpervison prereat. (X) lhis claim is rejected in full. ( ) Others ecer�ti y theU99 Is a true ow"ot Copy of the Va -entered Sb Itj IdDated: JUN 4 1986 "M SMELM 9 Mwk 9 By . Deputy Mork YA14 M (Own Coda Booboo 913) bUbject to owuln emoeptiansI you have Galy six (6) months pram the data or this MUM was personally aerved or deposited in the mail to file a wart notion an lois claim. ase Goverw1 nt Code Section "5.6. Tou lay seek the sdvioo of an attorney of Tar alma in warr:eetian rith this rttar._ It you want to consult an attorney, Tar should do so immediately. •. nCi: Clark of the Board 'IDS CIL) Canty Ooucs019 (2) Cou:ty Administrator AtUWW are oopiae of the above claim. We notified the claimant or the Board's action Gn this claim by sailing IS copy of this doemeats and a ssmo thereof has been filed 4nd sada so an the Board'a copy of this Claim in a000rdenoe with Section 297030 ( ) A warning of claimant's Melt to apply ibr leaveyvamt a late 4&12 was sailed to :3 YM KTOMM. Clerk. By � ��,J�P� . DePity Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Botelho 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: Pauline Botelho LL r3 n 1 575 Brookside Drive San Pablo, CA 94608 RECEIVED 2. The address to which notices are to be sent is j,1{ `' a� 1986 Jeanette K. Shipman LAW OFFICES OF pHIIB ( EIOR STERNS, SMITH, WALKER & GRELL V Cl N Rn SUPERVISOR 280 Utah Street e . ...: . . .. .. .. ... .. San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 575 Brookside Drive, 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 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 27, 1986 JEANETT K. SHIPMA Attorney for Claimant 3026-B CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 suture flooding ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt A� or wmnm Q Cam mm Ali. dI.�2 • soO Claim Wnst W Ominty, or bisti"I t • CQ 20 CLAD ! June 24, 1986 governed by the Beard of 3uperview It Us am a en ed to is NOW flouting E doreamer to l and board Notice of tae action Well cc loot=' da=s by, aw •shoo. All section rsfarenosa are board of Superds" CPW*Ar b 17, ba). to California Government Codes Siem ptrsuant to Govaramaat Code Section 10 and 915.60 12 Lee note all gkndwpe Claimants Pauline Botelho Attatesyt Jeanette K. Shipman CGV �� Sterns , Smith, Walker & Grell JUN 0 41986 Addresst 280 Utah Street � �� San Francisco, CA 94103 hand delivered Aftn"W g ,LJ Bb' ! Amounts $1 , 00-0,000. 00+ by 6elivwT to Clerk on May 28, IBJ Date nomdeadt May 28, 1986 by Nail, postmarked an . er of pc cors 151 cowry Attached is a copy of the above-noted Claim. fated, June 3, 1986 PM BTOMMO, Mrk, �+ / icy : County Counsel V1, (Cheek only one) (xI This claim complies substantially with 3wtiaem 910 and OL0.2. (� I TWo Claim !AILS to oamply substantially with Sections ql0 and 910.2, erd we aT9 so notifying claimant. The board oannot act for 15 days GSecticn 9.0.0. ( ) Male is not timely filed. Clerk should return claim an ground that it was tiled late and send ww-niof claimant's riot to apply for leave to present a late slain (Section I Otbsrt mated, 7<m- _�� , o ay=e �n�c t C��x e.. PnY tyrM ci 3n. nON& Qark of the board 70: Cl) County Cmrssal p (2) Comty Administ retor V ( I Main was returned as untimely with notice to Claimant (3setim 91.3). IY. fO= By tnanimom note of 3uperviscm present c�(I We Claim Is rejected in full. ( I Othrt . Ourtify-that Me Is a true and correct Copy of theBoard's en to Ed4 thi6 Wim. bAr�.� Cirk, Dy► ��Yl . AOputy Clark tUVM (Gov. Oc& Swum 113) Subject to omrtain ssoeptions, You have Only adz (6) months fr® the fats at Hain bctioe was Pmwnally awned or deposited in the sell to file a cart Canna Ca tbla 01010. See GoverElOwt Cods 3e0tion 9M5.6. Tou Nal seek the advice of an attanay of Imr ohoics in oorr»etjob with this rtter. If you want to consult An attorney, lou should do so lawdiately. 7. "M: Mark of the foard SOS CO Ootaty OW01901, (2) Owinty Adaiaistmtor Attached w capias of the above Claim, ire notifisd the olaisant of the boerdta action On this claim by mailing a copy of this dOOLIOnte and a memo thereof has been filed and enacrsed m the board,a Copy cf this Claim to toowdartoe with 3eetion 29703. ( D A Warning Cc Glalmontgo rig* to MPAy !br leave t a 10ts CLim Saw mailed DATED JUN 3 0 86 M NATOMD t, Mark, By �' -- Dsptrty Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF 1 Government Code, Section 910, et seq. , re: Botelho v. Contra Costa CountyECETVED TO: Contra Costa County MAYaB 1980 Clerk of the Board I too fl.M' 651 Pine StreetPHIL VJCHElO: 1r?X AGI)nF$II'c Room 106 CT;;n CU$ J.O P. Y Martinez, CA 94553 WIA -A —oC! 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: Pauline Botelho 575 Brookside Drive San Pablo, CA 94608 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 17, 1986 at 575 Brookside Drive, 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. May 27, 1986 JEA t. At ney for C imant 3026-B 1 CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 ; H (d ) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity 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 suture flooding ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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 . spablo.rpt Cr wromsm Cr tam mm aml xTrw CIals 66Inst the Comty, or MstriatUMC June 24, -1986 t�9ad by ttte Board of! Supsr►isocss The copy o Z Gild' b t ova 0_ sov pouting i0>sw"Cants. arrd Board sptioa of the s,atim taken »' 01aia� Action, 611 Section ref'areroee Bra Board at �"�cors � h 17, below), to California Oover•rment Codas Bi*sa ptswuant to Ooveronent Code section IL3 and 915.40 flease note all ewta:utwo Claisantt Joseph Botelho County comes, Att rwyt Jeanette K. Shipman JUN 0 4 1986 Sterns , Smith, Walker & Grell Addrasst 280 Utah Street San Francisco, CA 94103 hand delivered � �. AMMMtt $1, 060, 000 . 00+ By deliwry to elerk m _ May 28 , 1986 71ate iiecaivsdt May 28, 1986 By nail, postmarked an - . PORer o pe sous a y Maio Attached is a copy of tae above-noted olais. , Datbt June 3, 1986 PM BATQIM=, Clerk. By _may : y am—nael = (Chock only ane) (�D 3liis claim complies substantially with Sections 910 and 410.2. ( ) lois claim !'AILS to omply substantially with Sections 9l0 end 910.29 and ra era so ootifying claimant. The Board oarutot act for 15 days (Seotim 910.8). ( D Claim is not timely filed. Clerk should return claim an gnud that It w fl" late and send warnir of claimant's richt to apply for leave to present a late claim (Section 911,3)• ERE Byt County Cowm III. lfltsl: Clerk of the Board ZOt CO ty Cowwal. (2) Comty ftdaistmtar ( ) Clain was returned as mtisely with notice to claimant (Section 9L1.3)• I9. 3000 OIRDlOt By wwdmmn vote of Supervisors prrsent V(D 7418 claim is rejected in i'uu o ( D OtAws owUry that this Is a ta,ae correct copy Board's ea to t1MAM for this date. Dated, JUN 2 4 f9Rf RM ShTMM" Clerk. By . Zfeputy Clerk YAl1'111W (Oov. Code 9satim 913) object to oerta'[n exceptions. you ban only six (6) tomb from tb date or !tale notice aw oereonally served or deposited in the tail to file a cart action cn tdla alas,. see Ooverameat Code Section 915.6. You My seek the advice of on attornsy of par dv)loe in of, P,tim bath this Latter.- If you want to ooasult m att01701ey, you ahaald do so lasediately. ♦. VM& Clark of the Board Zit a) Cotmty Ow=wl, (2) Oaartty Administrator attached are Copies of the above claim. Ve aotirled the nlaimant of the Board's action an this claim by tailing a copy of this doo:mmts said a tmmo thereof has been filed aid etdatied m the Board's copy of this Claim in aooardanoe with Section 28703. (' D A wing of Glaisant's right to gpply ibr leavet a late olais was tailed to ciataant. AITID=I �eo�L BaT�3�t, Clark,, L Deptaty Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq:-)� re: Botelho v. Contra Costa County i-1.A C O V E D TO: Contra Costa County MAY X 1918O Clerk of the Board 1 :O0Rm. 651 Pine Street PHIL 6ATCHFIO: Room 106 I F. n;0 I ;.,. iCGS 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: Joseph Botelho 575 Brookside Drive San Pablo, CA 94608 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 17, 1986 at 575 Brookside Drive, 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. May 27, 1986 JEWETTE K. SFL143MAN Attorney for Claimant 3026-A CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 suture flooding ; (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 ) 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. r. spablo.rpt wpvmm GT dM �A Mwff CG1RCE2 AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD — CONTROL AND WATE 0 S NATION DIST Q June 24, 1986 Main ed by tee ftuand of or wis�e� , a,�, ed to ova :a w a,veimed � the Board of superdsars, !be ooD7 alas Iko�tting bdorsementa, and Board mottos of tee aatim taken an far dl Action. All section references an Board of &Ve'dsora 0Pw%V bpd 2T. Ne1Cv) to California Gov_enwent Codes given JpAvuant to GomysentCordnssa�o�tim its and 115.40 !tease bots all wai —t�ounty CpunQo Claimants Joseph Bot:elho Attorneys Jeanette K. Shipman JUN 0 4 1986 Sterns , Smith, Walker & Grell Address: 280 Utah Street San Francisco , CA 94103 � Amounts $1, 000 , 000 , 00+ �rH�,d�i�1�rOPle�k Co May 28f 1986 Milo Date Recalled' May 28 , 1986 Byo Postmarked on erR Board Of pe sora 758 y OZO Attached is a copy of the above-noted stats. VIRWt June 3 - 7 986 PM HAT MLOhi, Clerk, By county Counsel 30sMark-or (Check only ane) (?�I Ibis claim complies substantially with Sections 510 bbd 410.2. ( ) !his claim TAILS to comply substantially with Swtic m 4i0 and 410.29 and We AM so notifying claimant. ?be Hoard cannot act for 15 days (Section qL0.4). ( data is not timely filed. Clerk should return claim 0n ground that it was tilad late and bend trarnin$ of claimant's rift to apply for Ieave to present a lets alms (Section 911.3). ( ) Othart III. hist clerk of the Hoard ZCt Cl) County Cotsssal, (2) County Administrator ( dais was returned as untimely with wtioe to claimant (section 911.3). I9, 10470 G1GS;kt BY unanimous vote of supervisors prom (,�() 2wo claim Is rejected in full. ( ) Others e�Sy s s a true correct Copy vs en natad� JUT12r,99 4 199 ,,L 1K?CFM 0P q_Mork, By - . neMy Mork YA1D= (love Cods Ssatian 413) Subject to certain emoaptions, Ivu Lave only aim (6) mantis hem the data or thus Mottos was personally Sawed or deposited in the mail to file a 0owt aotim 0a thLa alma. Us Govwqweot Code 300ti00 915.6. You may bask the &Mae of an atta mrsy of par Choice in Gas=tjob with this aattsr. If you want tun OWMdt an attorney, yvu sbuld do so immediately. .. nit Mork or the Board IDI a) po+aty comsat, (2) Casty Administrator AtU*md are Capias of the above mals. We ratified the oalatawt of the Boardis action on this claim by sailing a oogy Of this documents WA a mw thereof has been tiled Ind w*raed m the Board's copy of this Claim in 6000rdance with section 29703• ( ) t warming of alaimantls right to apply !br leave to � t a late Clair w" mailed D�ITIDs �T.QRF }iIII, B►TQIIIAR, Qerks hhy v Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Botelho 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 �QDistrict. 1 . The name and post office address of the claim nt is:� S� �l� Joseph Botelho c 575 Brookside Drive RECEIVED San Pablo, CA 94608 2. The address to which notices are to be sent i Jeanette K. Shipman LAW OFFICES OF OR STERNS, SMITH, WALKER & GRELL ACL K TRO CES AiERVISOR 280 Utah Street a .. .. .. San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 575 Brookside Drive, 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 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 27, 1986 11ti''1 JEA TTE K. SH MAN Attorney for Claimant 3026-A CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 ; i. (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt ARD ar mmwm S Q dM OOiSlI Own. CI.4M Clots ApInst tae VMrtyq or bistrist Imm ZO OLLV R June 24, 1986 govermsd by the board of 9uparvisors, lbs copy l vets dOclsIDes---: •• t asuiad too Is your pouting srAWSOme U F and board adios of the lotion taken m lour 61111 bf tan Action. All Section refaronoee ora rnenshard of 9upervisors �Parag�apls ITO bdno)9 to California Government Codes _ siv+so pursuant to Government cob swum 193 and 915.4• !genes Dolt all OVA" iWo Claigantt Patrice Baumgardner, a minor Attoeseys Jeanette K. Shipman COUA1� R°� Sterns , Smith, Walker & Grell JUN 041986 Addrasst 280 Utah Street San Francisco, CA 94103 hand deliveredM��, AMoussts $1 , 000, 000. 00+ By Oslivtry to clerk an May 28 , 198b Ate >leosiwds May 28 , 1986 By Mail, poetaarloed OD PW:—Merk U the FUR o pe sore tog caary Attacbsd is a copy of the above-noted olals. . V&teds June 3, 1986 thin. R%TOML an, Mark, By VKH1 y parisil TO: Glorxw the Board, (Check only one) (74 This 01112 o=plies substantially with Sections 91.0 and 910.2. ( ) 7his claim TAIIS to ocmply substantially with Sections 910 and 910.26 avd NO art so notifying claimant. The board oannot act for 15 days (Section 910.6). ( ) Claim is not timely filed. Clerk should return claim on O xmd that it w tYlsd late and send Kaniing of claimant's riot to apply for leave to present a lata claim (Section 91.1.3). ( ) Others Dated, i,ZQ_ bye c c i . , comic-C pnY ty ISI. 1pOrls Clerk of the board 7Ds (1) C6(mty Gourgsel. (2) County Admirdstrator • ( ) Clain was returned as untimely with aotioe to claimant (Section 911.3). I9. WARD OR= By Unanisous Ate of 9uperviscrs p 4weat (�() 2ws claim is reJectod in ftdl. ( ) Others owury trtsa s e a true oorsvet copy the a an 2f 4 19�s PHM BkTMMM MorkBy sated: s . �iY �� Deputy Rorh www (Gov. Dods Section 913) OubJect to osrtain tsaeptiom, ycu bsys only aiz (6) Months from the date or this xotice was personally served or deposited in the ail to file a court notion m this agate. ass Goya MOOt Code .lection "5.6. 7'0u nay seek the advios of an attorney of lour &Dias iD corm»etion vita this rte._ If lou want 1ks consult no attoeaey, you shoald do so 1001ediately. �. nems Mork or the board Ws (1) County Ootnsels (2) Oassty Administrator Att&dwd ars eopias of the above amain. We notified the claimant of the soardgs action an this claim by Mailing a copy of this 6000 ent, and a Memo thereof ass barn filed and endarasd m the SUNIs Dopy of this Maim in a000edatsoe with Ssetion 29703. ( ' A warning of elaimantfs right to awy for leave to pr'osent a late slain oe� nailed to claimant. kTOs J-�N312 ...�!ffiL atTQELM. Clerk, S7 amity Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Baumgardner v. Contra Costa County RECEIVED TO: Contra Costa County MIAY.2S 1986 Clerk of the Board 1:boP.M. 651 Pine Street rHn s..rcr,eic, u:r. m TC SU ' Room 106 ` ���Q51 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: Patrice Baumgardner, a minor By and Through a Guardian Ad Litem 2180 Giant Road 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 17, 1986 at 2180 Giant Road, 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. May 27, 1986 !s'1R+� JEANETTE K. SHIPMAN Attorney for Claimant 3012-D CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 suture flooding ; (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 ) 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable ,relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt /.YS ELAM r mmwnyw or dM wo amm. AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD _ CONTROL AND WATE�t_ C0 SE NATION DIST June 24, 1986 C1aL AOeinet the County, or �sat�la�t �a0 to L 2oue' governed by the Board Of superTimms go a" d1w-wo pouting indorsement., and Board =tioe of the aetim taken on Toa' by lass Action. All section referenose are hard of yupes"ds to rs r )t to California Government Codes amend IL5.9ven �tea" note all eitarabs ee Clairnts Patrice Baumgardner, a minor corny COuml Attorneys Jeanette K. Shipman JUN 0 4 1986 Sterns , Smith, Walker & Grell Addr ass 280 Utah Street San Francisco , CA 94103 28, 1986 iasats $1 , 000, 000. 00+ �H d iOwl'i r�dl,k � May tail Late iteociwd: May 28, 1986 by milt posto fled an yffr:7Mark a the §FwR—of Yupe"ISOM lot y CiWwa Attached is a copy of the above-noted alma• Lathe June 3 _ 198 h FAIL IRTOMOR 9 Clerk, By I—County (awk way one) C�) TWO Claim Complies substantially with sections 910 W4 910.2. ( IWC Claim FA= to o®ply substantially with sections IMO and 910.29 and tie ora no notifying claimant. The Board oannot act for 15 days (Section 910.4). ( ) Male is not timely filed. Clerk should return elms an vv" that it was tiled late and send warn!ng of Claimant►a right to apply for leave to preseCt a lata Claim (Seetion x¢11.3). ( ) Others bat eds - zz� By. ty Ill. VMs Clark of the Board 70s (1) County CwJVWl, (2) County Administrator s• ( ) Clain was returned as artleely with notice to Claimant (Softies 911.3). I9. iK112t'D OW my w anima Ate of supervise" prosent (X) IWD Claim is resected in full. ( ) Other's that this Is a true ER correct Copq on is td. for this date. Dateds JU72 4 1986 Hilt UT MLM9 Clerk, By � . �pyty Clerk W►30= (Oov. Code section 943) RAJect to certain esoeptiooe, Tan bars mly si: (6) months !t'at the date at tela wtice w personalty served ar deposited in the nail to lite a cart action m teas alma. see O;ovarrsment Code section "5.6. Tau ray seek the advice Cf an attarney of gar atalea in C=Wtim Vita tbls . 2f.M cant to Consult an attorney, you should do so ismediatelye e. nm, Clerk Cf the Board IN Cl) pamty OoMW* (2) Cmmty Administrator At"d*d are oopias of the a*" Clara. Ye ratified the Claitant Cf tae Board's action an this Claim by ■ailing a Copy of this documents and a too thereof bas been filed and gn`d d on the Board's Coyy of this Claim in a000rdwm with section 29703. ( ) A rasing of daiaant•s right to may rw lean t a late Clain was tailed _ Wwsl ' 0 1.986 PM NATOMDR, Clerk, ByClerk i e y CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Baumgardner 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 claim t is (� Patrice Baumgardner, a minor By and Through a Guardian Ad Litem RECE VED 2180 Giant Road San Pablo, CA 94806 MAY 1986 2. The address to which notices are to be sent s: Jeanette K. Shipman HIL SA H R LAW OFFICES OF BNT C T^eRVlso STERNS, SMITH, WALKER & GRELL 9 ••••..• 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2180 Giant Road, 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 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 27, 1986 JEANE K. SHIP Attorney for Claimant 3012-D i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 ; j. (d ) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity 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 ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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 . spablo.rpt OWN Q Whims s Q Cam mm DRi• clais &pilot the County, or nisttelet IMCC 20 CLAIYJW June 24 , 1986 governed by the Do" of supervisae's, The Copy oraoe+�y Mulled to In Is 7w :.ding Etdorsementa, and Dowd notice Cf the action taken oo your Slats by the e.a&:cn. All Section raferanoes ars board of 3►�ea'deora st mph !�� btlov), to Caliroraia Qoverrment codes given prsuent to Gove went Cods SWUM 913 sad Il5.1* please acts all evernin1we Claiaantt Peter Axelrod & Joanna R. Fuller COiN1tY WOW Attoeesyt Philip E. Decker 1501 The Alameda MAY 3 0 1986 Address( San Jose, CA 95126 hand delivered jUbW CA 445564'' haou ntt $630, 000. 00+ By delivery to Clerk an May9 , 1986 Date >lsosivsdt May 29, 1936 By mail, postmarked on -Merk R the FwOd of Wpervisors to, y Diaz &tt&Ched is a copy of the above-noted Claim. baud( -May 30, 1986 PSIL BATdffiAR, Mark, D9 t Knowles . YKHt County OXXOGI Ms Clark (Check only ane) V) 2wa claim oamplies waWtantially with Sections ¢l0 and SO,& t ) We Claim r'A= to comply substantially with Sections 210 and 910.29 and wars so aotifying claimant. The Board oannot act for 15 days (Section OLOA)e ( ) Maim is not timely filed. Clerk should return claim an ground that it ws tiled Sate and send trarni of elaimint's riet to apply for leave to present a late claim (Section 911.3). ( ) Others Dated( z. By, putt' CiERY III. nWs Clerk of the Board 702 (1) County mel. (2) County Administrator r ( ) Main vas returned es untimely With notice to Claimant (Section 911.3)• lye IDAR'D By tnanimmis vote of Supervisors pmeent t5() lists Claim is rejected in ruu. t ) Others y-that this is a true im ootrsct Dopy Of_tC( p��Board`���C.�' enteredis � f°Tdate. // Dated( "M DA4'QffiAR Marks �r . Deputy mot VAMM (Dov. Coda Sactian 913) anbjeat to Certain ssoeptions, ycu have only siz (6) months fres the date d thin notice w PW%Wrally served Or deposited in the aril to file a Cant action on this elate. See Gove11me0t, Code 3eetian 915.6. ?au may seek the advice of an attorney Cr your Choice in omecttam With this matter. If you want-to Consult an attarvey, you should do so i®ediatelye WENEMB •. nMS Mark of ahs Board IDS (1) Camay Oomsel, (2) County ,dministrator Attaeled are copies Of the above Claim. Ile aotiried the claimant Cf the Board's action on this claim by mailing a copy of this doowwt, and a mew thereof has been filed and andarsed m the Board's Copy of this Claim in a000edanoe With 3aotion 29703. ( ) t Warning of dl_iwa^*'s right to only for Isave t a late Claim No sailed to L. C' bATm: JUN fl 1426 ?M BAT MLM# Clerk, 11Y . Deputy Clerk :'0: COUNTY OF' CONTRA COSTA STATE OF CALIFORNIA. Re: Claim against: 1 . Public Entity, to wit: County of Countra Costa, State of California. Peter Axelrod and Joanna R. Fuller hereby make claim against Contra Costa County, California for the sum of Six Hun- dred Thirty Thousand Dollars ($630 , 000 . 00) and make the follow- ing statements in support of the Claim: 1 . Name And Address Of Claimants: RECEIVED Peter Axelrod and Joanna R. Fuller 780 Rancho La Boca Road Martinez , California. MILDA CMELOR (CLERK ARD F PERVI$0 $ TAA 7A CO. 2. Notices Regarding The Claim: e� 110 ws All notices regarding the Claim are to be sen to the following : Law Offices of Philip E. Decker , P.C. 1501 The Alameda San Jose, California 95126 . 3 . The Date , Place And Other Circumstances Regarding The Acts And Omissions Which Give Rise To The Claim Are As Follows: A. Date: February 22, 1986 B. Place: Description below: "PARCEL ONE: Parcel "C" as shown on the Parcel Map filed November 3 , 1978 ,. in Book 71 of Parcel Maps , page 30 , et seq, Contra Costa County Records. EXCEPTING THEREFROM: An undivided 1/2 interest in and to: All oil, oil rights, natural gas, natural gas rights and other hydrocarbons by whatsoever name known and all other minerals and minerals rights, whether or not similar to 1. . those herein mentioned, including the right to drill, mine, explore and operate under and through the herein conveyed land for the pur- pose of extracting and producing oil, gas and other hydrocarbons by whatsoever name known and all other minerals, as reserved in the deed executed by John Rose, et ux, recorded September 11, 1974 in Book 7318 , page 475 , Official Re- cords. PARCEL TWO: An easement (not to be exclusive) an an appur- tenance to Parcel One above for roadway and all utility purposes together with the rights inci- dental thereto over the area designated as 1160' strip dedicated to Contra Costa County" as said area lies within Parcel "A" on the Parcel Map above referred to (71 PM 30) . " C. Circumstances: At the above time and place, a severe landslide occurred on Claimants ' property (the above-described property) and adjacent property. Prior to the landslide, Claimants had constructed on the property in the approxi- mate area of the upper portion of the slide a leach field as directed by and in accord with the requirements and design of the County of Contra Costa as to specific location, type and installation. Said County failed to investigate the site for this work, required its installa- tion at, upon and within a hazardous and unsafe location and failed to inform Claimants that the house and leach field were constructed and/or to be constructed on the site of previous landslides and in an active slide zone, all of which was known to Contra Costa County. 4. Claimants ' Injuries: Claimants' injuries include the loss of value of 2. -the property, i,ncluding the improvements thereon which have been condemned by the County and further includes interest on the loans on the property, loss of use of the property, lost wages, moving , storage , evacuation and miscellaneous incidentals. 5. The Names Of Public Employees Causing Or Contributing To Claimants' Injuries Are: Presently unknown. 6. Amount Claimed As Of Date Of Presentation Of The Claim, Insofar As It May Be Known At The Time Of Presentation Of The Claim, And The Basis Of Compu- tation Of The Amount Claimed, Is As Follows: A. Amount Claimed: $630 ,000 . 00 B. Basis of Computation: Loss Of Value Of Land Improvements To Date: $500 ,000 . 00 Estimated Interest On Loan On Property To Date From Date Of Slide: $ 25,000 .00 Loss Of Revenue: $ 75,000. 00 Moving , Storage And Evacuation Charges To Date: $ 10 ,000 . 00 Loss Of Use: $ 15 ,000 . 00 Miscellaneous: y $ 5,000 . 00 DATED: May �,/ , 1986 LAW OFFICES OF PHILIP E. DECKER, P.C. L__.... KARIN V. RUMSTEDT, Esq. On Behalf of CLAIMANTS PETER AXELROD and JOANNA R. FULLER 3 . or WMns5 QCBM Wl MMM. 0.V=_rA AND AS GOVERNING BOARD OF THE CONTRA .COSTA COUNTY FLOOD --= CONTROL AND WATE 0 S VATION DIST � ' Ciel Want the County, or �sm 10 June 24, 1986 govt by the Board of SuperdnMe as Oopy or tus document =11so Cm to P0If ' Pouting Brdorsame+nts, and Board wtioe of the bottom taken par mai � n Irl fbs Action. All section refereno s an Board of aver'ds" vartiagraph Two bdfw), to Californis Goverment Codec given pt rm* to Government Code SWUM 1113 Maiaaate Kim Brown and 115.40 donee afte all , County co"Or, ,. Attorneys Jeanette K. Shipman JUN 04 1986 Sterns , Smith., Walker & Grell �3� Addraest 280 Utah Street San Francisco, CA 94103 ,�,a •,' �otsttt $1 , 000 ,000. 00+ ByH�slil}i�rCeiirk am May 281 1986 nate Beoeiwdt May 28 , 1986 anvil poetsarloed om . rpM:—Merk R&Fd of Xperdsors 158 5aff Maio Attached is a copy of the above-noted Claim. natedt Jung 3 . ] 98h WWII. SkT MAR, Mork, By Ply : County Counsel (Check only one) This Claim ocmplias substantially with Sections 1110 and 90.2. ( ) leis Claim t'Ans to oomply substantially with sections 910 bad 310.29 and we ars so notifying claimant. The Hoard cannot act for 15 days (SeCtiom 1110.0. ( ) Maim is not timely tiled. Clerk should return claim on ground that it was tiled late and send warnir� of Claimant's right to apply for leave to pcwent a late Claim (Section 911.3). ( ) Others Oatedt =7_777 By 119 t. ' .cmc r J wtY tY IIS. nCkt Clerk of the Board Us Cl) County Cocatsel, (2) County Administrator j ( ) Maim Was returned as untimely with notioe to Claimant (section (C.1.3). I9. BDA1lD GRDl9l By Wwdmow Ate or supervisors present (� This alaim is rejected in full. ( ) Others y wa s s a true oormt oopy 'a entered Site atiea7this date, Dated: `i 19 lam. S0.TC mm o Clerks By . t217 Clerk VAloiM (Gov. Cods section 113) Object to oartain szoeptioos, you haus ally all (6) s nths rrom Wo date er !Isis eotioe etas Oersoeally served or deposited in the nail to tale a oast wtion om laic Class. See Govarmamt Cods 3eotice 315.6. YOU bay seek the advice or an attamry or your Choles in oorateation sldth this batter. It you Want to oommat an attorney, Tau should do so tamediately. . •. YXXs Mork or the Board !0t Q) owmty Counsel, (2) County Administrator AtWhed are 0000e of the abort Claim, Ye notified the Claimant or the BOardis action on this claim by bailing a Copy of this doeuaertt, and a memo thmrsof has been tiled and endorsed on the Baud's Copy or this Claim in a000rdarae with 3eetion t9T03. ( ) A morning of d*�•s right to gpgy ftr leav+s nt a !1 0 Allison Tats Chia tram wiled A1�: 1586 VIZI. 1YTQiBAR, Clerk, ft Clerk qty CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Brown 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: Kim Brown c/o Mrs. Ruby Jean Brown 2190 Giant Road RECEIVED San Pablo, CA 94806 2. The address to which notices are to be sent i MAY 1925 Jeanette K. Shipman LAW OFFICES OF RAIL BAT NEL 71 STERNS, SMITH, WALKER & GRELL L RDD RVISOR 1I k.TTRAC AC 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 2190 Giant Road, 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 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 27,. 1986 JEANETfT,8 K. SHIPM Attorney for Claimant 3001-B CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910 , et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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 . spablo.rpt Ciais ApInst the Co>nty9 er bistrtot =Q !C Q.AD�Ytt! June 24 , 1986 SoMmed by the Dcard of Suptrvis"t ibt copy Cv uus aownent Ceded to Im L Par 1100tins Brsdorsements, and board ootids at the action taken Css par laza by this Actim. All Section rtfermm Ire bird of supwilsors (Per srao r$ balm)@ to california Government Codes given prsusat to Qoverwent Cods sedum 113 ace IAS.t• !lease rots all Waratoa'. Clalmants Kim Brown CVMO COvnM Attassys Jeanette K. Shipman JUN .0 4 1986 Sterns , Smith, Walker & Grell Addrsast 280 Utah Street ft San Francisco, CA 94103 hand delivered Amounts $1 , 060, 000. 00+ By deliwry to Clark m May 28 , 1986 ftte weoeivW: May 28 , 1986 NY tails posumaked on . erk if the Board of YuperVISOM lot y Maio Attached is a copy of the above-noted olaia. tatbs June 3, 1986 !EBL skTOMAR s Clcrkg mr s y Counselmaric (Check only one) (� 7luis claim oomplies substantially with Sectiow 11.0 and SL0.2. ( ) !bis claim T n,S to ocmply substantially with Sections 910 and 910.2, tnd we are so notifying claimant. The Dcard Cannot act for is days (Section 910.8). ( I class is not timely filed. Clerk should return claim an Vvud that It Mas t1lsd late and send w rntnngg of olaimant's right to apply for leave to present a late claim (Section 911.3). ( I Otaars !!teas By: 7. pity ty 3n. nONt Qerk of the board 701 (1) County Coawal. (2) County Administrator • ( Clain was returned as untiaely with notice to claimant (Seance 911.3)• TY. IDARD Ci= By unanimous vote of Supervisors present (X) leis Claim is rejected in fail. ( I Others owury-Vat Ma to a tr%n oorrect copy of Board's Order aso aiftits for this Date. Voted: ON 2 4 jqRS PM UTCRMM, Clerk, By . pepvts Clerk VA)OT M (cion. Code Ssatice 913) subject to Certain esotptiaa, you have only lis (6) Moths firm the data Sr tots notion Was pea-a n&Uy served or deposited it the wil to the a Court notice on this main. sat Goverment Cods Seance 4M5.6. Tau sy seek the advios ct an attawy of your d otos to ocn m lam rith this atter, if you rant to oonsuit an attorseyt you should do so itmediataly. •. VMi Clerk of the stare sD: n) otomy Cmuel, (2) County Adaintstrator AttaWe Copies of the above Claim. W ratified the Claitant CC the toard's set.iora on this Claim by hailing a Copy of this domm entg and a t o thereof has been filed and endcssed an the Board's Copy CC this Claim in atowrdanoe with Section 28703. ( I A wrrolnng►nof cliivant•a right to SMY for learn t a late Clain No wailed �•rID=��N ;8 Pm PATOELDR, Mark, bey DsRtty Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Brown v. Contra Costa County RECEIVED TO: Contra Costa County NIAY c2Y 1986 Clerk of the Board 651 Pine Street 1:00 PMiI BATCHELOR Room 106 ERK RD OF SU Rvl ORS Martinez, CA 94553 R co cosT o , o 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: Kim Brown c/o Mrs. Ruby Jean Brown 2190 Giant Road 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 2190 Giant Road, 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. May 27, 1986 JEANETTE K. SHIPMAN Attorney for Claimant 3001-B i i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 suture flooding ; (d) Expense I-or 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 ; s t 1 (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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable! relief requiring the said entity 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. spablo.rpt t a.�zH BOARD OF SOP@iVI m OF T!t msTA comi , GI.I_P NIA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL ACTION_ A D A R ONS RVATIO D S R C June 24, 1986' - Maim 986 Claim AS ns ie voouun�y, or 1ta c J TWICE TO Ci.AnWT governed by the Hoard of Supervisors, ) The copy a led to you is your Routing Endorsements, and Hoard ) notioe of the action taken On your Claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 9113 and 915.4. Please note all wWarningsM, Claimant: HENRY BEN'PON Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA94103 Hand delivered Amount: $11000 , 000 . 00+ By delivery to clerk on May 27,, 1986 Date Received: May 27 , 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 ,__1986 PHIL BATCHELOR, Clerk, By DePuty Cath owl s ' II. : County Counsel 1D: Clerk or the Boaird of Supervisors (Check only one) (-) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.29 and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: t-, e . By: a . �� puty County Counsel 14 III. : Clerk of the Board TO: (1) Co ty Counsel, (2) County Administrator ( ) Claim was retuned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (}q This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy o t �Za des Order entered in its mirnttaa�t�rs date. Dated: •�U�� PHIL BATCHELOR, Clerk, By , Deputy Clerk WAMME (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 10: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardfs action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave t a late claim was mailed DATED:'J". 66 PHIL BATCHEIAR, Clerk, By ��- , Deputy Clerk 1 Cc: County Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Benton 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: Henry Benton c/o Bay TireSalvage Co. 21 Par Blvd. RECEIVED Richmond, CA 94801 2. The address to which notices are to be sent • s: MAY 1986 Jeanette K. Shipman LAW OFFICES OF PHIL BATCHELOR STERNS, SMITH, WALKER & GRELL ERK TRAC TIA g 280 Utah Street O. . • 1� •• --��•.4n jj 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 c/o Bay Tire Salvage Co. , 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 27, 1985 JEAN TE K. SHIPMAN Attorney for Claimant 3510-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Benton 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Benton 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. nrclm.rpt MAM BoARn ioF soPERvlsoRs of dSM ODSTA COMM 9 CN29511A BOARD ACTION Claim Against the County, or District ) NDTICE TO CLAZiOM June 24, 1986 governed by the Board of supervisors, ) The copy of this 6o0um0ftt OR1190 to ycu is 70W Routing Worsementa, and Board ) notice of the action taken on your olaim by the Action. All section re,ferenoes are ) Board of Supervisors (Paragraph IV, below), to California Goverrment Codes ) given pursuant to Government Code section; 9113 and 915.4. Please note all uWarnings". Claimant: HENRY BENTON Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street g San Francisco, CA 94103By deliavery �i� May 27, 1986 AmoWit' $1 , 000 , 000 . 00+ Date Received: May 27 , 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors 70; County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986PHIL BATCHELOR, Clerk, By Deputy II. : County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated; / y By: t Deputy County Counsel III. FROM: Clerk of the Board 70: (1) Cott ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD CRDER By unanimous vote of Supervisors present (/V,) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. � /7 � Dated: lIN 9 � ,...... PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code section 913) Subject to certain exoeptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action an this claim. See Govercmart Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this natter.ft� If you wy, yy. ant to consult an attorney, should do so Immediately. V. FROM: Clerk or 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 an the Hoard's copy of this Claim in accordance With Section 29703. ( ) A warning of claimant's right to apply for leave ent late claim was mailed to alaimant DATED: 0 1986 PHIL BATCHELOR, Clerk, By tZ�; Deputy Clerk 0e: County Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Benton 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: Henry Benton c/o Bay Tire Salvage Co. 21 Par Blvd. Richmond, CA 94801 RECEIVED 2. The address to which notices are to be sent is: MAY x`] 1986 Jeanette K. Shipman LAW OFFICES OF DN4 BTeeMELOF STERNS, SMITH, WALKER & GRELL Cl K AFD / UiQFVI 8 280 Utah Street E NTFA er o. 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 c/o Bay Tire Salvage Co. , 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 27, 1985 n JEAN E K. SHIPtJhN Attorney for Claimant 3510-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Benton 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; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; t CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Benton 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 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 1 atm UP WPUMAM or !am Com ComTT. CALVMIA � A17D AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD June �4—^19 8 CONTROL AND T C DISTRICT (� � LAD= Mair edbyAgainst e B o'otmi'�y, i aT� a oc�eQs ed to Fal Is goven-nevi by the Board of Super►isars, !t» ooh OLts pouting Dsdorsemente, and board notice of the action taken on Fou' Action, All Section referanaee are Board of Super'daors (Paragl'aph rp b ON% to California Government Codes given pursuant to Government Cods Section 913 and 915.40 !lease note all siiarninwo Claitoints Larry D. Erickson . Attormyi wty Comm Addtews 6065 Sari. Pablo Dam Road MAY 2 9 1986`. E1 Sobrante, CA 94803 Amount: Undetermined at present . By delivev'y to clerk cD Date peceive d: May 28, 1986 gy sail, pcstsaariad Go Mag 27 19 R 6 erk e o Supe sora : y Att&obed is a copy, of the above-noted claim. Oa�� Datedt May 28 19 8 6 FM UTO NIMs Mark, 1w L81FftY wait county ws ClArK or the Board or SUPW71 own" (Cheek only one) ( I This claim complies substantially with Sections 4A0 and %0.2. ( lSis claim FAIIS to comply substantially with Sections 310 and 910.29 arnd we ora so notifying claimant. The board cannot act for 15 days (Section 910.0. ( ) Maim is not timely tiled. Clerk should return claim on smpzd that it was tUed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others Dated: -717,7777 /9 BY= J �=c n putt COUMU III. nbM: Clerk of the board 70: (1) County Counsel, (2) County Administrator ( Maim was returned as untimely with notice to olaimant (Section 911.3). IT, mARD N= 8Y 'Mudmous vote of Supervisors present (�? Tait claim is refected is ft ll. ( ) Others certify that Ws Is a true wad correct Copy the •a en is minutes for this date. Dated: JUN 2 4 14Rsz !1111. bATCFiBAR, Mork. Dept*Y Mork ItAt01 m (Gov. Code Section 913) Dnbject to certain asoeptioos, you have only six (6) months !from the date at mss notice was personally served or deposited is the sail to tale a court action on this claim. See Goverment Code Section 9115.6. You sty seek the advice of an atter my of yota d oioe in oosusection with this dotter. If You want tc consult an attorney, You shmdd do so immediately. ft�T. IMs Mork of the board ZC: Cl) County Counsel, (2) County Administrator Attached are copies of the above claim, We notified the claimant of the boardos action an this claim by mailing a copy of this docment, and a memo thereof has been filed and w4weed on the boardis copy of this Claim in acoordanoe with Section 29703. ( I A viu m�inng of clalme tts right to apply for leave ant a late claim wav mailed AtTID:th,IUN Il 1gAR l4iIL 3UlTQMM$ Clark, Dy Deputy Mark CT"z1IM TOc BOARD OF SUPERVISORS OF CONTfiA CO§9_Arl�R&�V;Yapplicationto: Instructions to ClaimantC!erk of the Board l �5/"0 dioG Martinez,Califomia 94553 A. * Claims relating to causes of action for death or for injury to person or to pE.rsonal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the a1crual of the -cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end his form., RE: Claim by )Reserved for Clerk's filing stamps Larry D. Erickson RECEIVED Against the COUNTY OF CONTRA COSTA) MAY �&00o or CC County Flood Control 1. DISTRICT) N��eA ewnon ER ARO F PERV R$ F i i n n ame _—i ) TIU TA p. BY .. . . .. : . .. . . . tY The undersigned claimant hereby makes claim against the Co ty of Contra Costa or the above-named District in the sum of $ Unable to determine at this time and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and h-o-U7 February 22nd and continuing through March 1st W�iere did the damage or injury occur? (Include city and county) 6065 San Pablo Dam Road, E1 Sobrante, Ca. 94805, Contra Costa County _T------- _____•_-------------------------....-_-_ -- --__-T 3. How did the damage or injury occur? (Give dull details, use extra sheets if required) Uncontrolled release of excessive amounts of water from the San Pablo Reservoir caused erosion of hillside which supports home and pool/patio area. 4. What particular act or omiss�.or� on the part of county or district officers , servants or employees caused the injury or damage? Failure to regulate or monitor East Bay MUD in the release of excessive amounts of water from San Pablo Reservoir. (over) 19. ' What are the names of county or district officers , servants or' ° employees causing the damage or injury? • - - - - --- -- -------------- ----- ------ ------------ -------- ------------- 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Pool and patio have sustained cracks and are slipping into .creek. ------------=----------•-------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Unable to determine at this time. Damages continue to occur as hillside is still settling and slipping. 8. -- N----ames------and----addresses of-------"-o-f_ --witne-----sses--,-----doctors------and--hospita--------ls---------------- Lester Wyche 6059 San Pablo Dam Road, E1 Sobrante, Ca. 94803 Jerry Berggren, 4600 San Pablo Dam Road, E1 Sobrante, Ca. 94803 ----------------------- - ------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT None to date. s 41 �' :iJ':`. i C. .. Arkwxi,A,;*s:acviiiuatit**ftxcx7ir *icissir«x°iwwf'tci�«irit Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney C1 imant �ssSSignature 6065 San Pablo Dam Road Address El Sobrante, Ca. 94803 (415) 223-5513 me Telephone No. Telephone No. (415) 223-2071 work NOTICE Section 72 of the Penal Code provides: "Every person Mho, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account , voucher , or writing, is guilty of a felony. " CLEN BARD 0! SDmtY m Cr am =TA Owls CaLZl mu ACti� Clain a�sinst the Courtly, or Idstriet ""'" M 20 Q.III� w June 14, 1986 governed by the Hoard o!' Supesvisars, The coli! • dodusent MIled tow L low Aoutint ar,6orsements, w d Hoard aotios of the action taken on Ivir elms Oy the Action. all section referenoas are Board of asperdeore (paragraph IT$ below). to California Goveryent Codas given pursuant to Government Code SWUM 93 end 91564• Please cote all eitaevdewo Maiemonts Michael L. Bepler Cil►ftow lttoe�eys MAY J() i9RE oddment 952 Hawthorne Dr. awl Rodeo, CA 94572 h osuts $18 , 000. 00 By delivery to Clerk m nate Regi veds May 29, 1986 By sail, postsat'loed m May 28 , 1986 Cer. P 535 254 6 7Merk U W Board of Supervisors 70t County attached is a COW Of the aDova-Doted alms- Dow, May 30 , 1986 H, sATMM. Mark. By � a County Counsel Ws Mark CC the , CC AWTIMM (Check only one) two claim complies aubetantiauy With sections 910 and 910.26 ( ) This Claim ?A= to Comply substantially With Sections 910 and 910629 bead We are So notifying claimant. The Hoard owmt act for 15 days Motion 910.5). ( ) Claim is not timely filed. Clark should return Claim on ground that it Was tiled late and send warninng$ of claimant's right to apply for leave to present a late Claim (Section =-3). ( ) Others naterds 717By: PAY CaFty U Ins nI3N: Qerk of the Hoard 701 Cl) tY Cajtsel, (2) County Administrator ( ) Maim Was returned as untimely with notice to claimant (Section 92163)6 I96 ROARa ori By unanimous vote of Supervisor• present (q This claim is rejected in hill. ( ) Otaers Certify the this n a true oorract Copy the( Hoardfa en is natede JUN 'd 411981• �, aATCM.ON, Clerk Sy C • :�l/� . DeP�y Mark VA)O M (Gov6 Code Section 913) Object to Certain esoopticas 9 you,nave ably si: (6) months tron the date at Chia notice lies personally served or deposited in the axil to file a Cart &adobe m this alata. acs Goverment Code Secticc 9~5666 Tau Day seek the advioe or an attorney Cf yar choice in ca>rteeticn with this matter. It You want W consult an attaltey, you should do so L®ediately6 T. n MI Mark of the aoard Wt Cl) CasttY Cat»al, (2) Castty Administrator Attadad ars Copies of the above QUIX. We notified the claimant of the soardta action an this claim by sailing a Copy of this dooment, and a mw umvof nos bwn tiled and andol .' ca the Hoard"• copy of this Claim in t000rdanoe With Section 29703• ( ) • wrning Cf CLiman"s PIght to apply ibr leave present late Clair wau Bailee hlTk�:tOJ 6 !IDI, s►TQ�hOp, Qark, By ta}uty Clerk i 1 > 1 1p RECEIVED MAY a`1 198c �DAt 1Q1_, A it, M- 1 A T0 : Contra Costa County Michael L. Bepler hereby makes claim against Contra Costa County for the sum of $18,000 and makes the following statements in support of the claim : . 1 . Claimant' s post office address is 952 Hawthorne Drive, Rodeo, California , 94572. 2. Notice concerning the claim should be sent to 952 Hawthorne Drive, Rodeo , California , 94572. 3. The date and place of the occurance giving rise to this claim are February 18, 1986 at 7 y S Loring Avenue , Crockett , California. 4. The circumstances giving rise to this claim are as follows: at the time and place, because of Contra Costa County' s failure to take corrective action to prevent the accumulation of water, during rainy weather , above Loring Avenue , Crockett , California, a mudslide and collapse of a retaining wall occurred on claimant's property causing substantial property damage and a resultant diminution of value of claimant' s real property. Claimant alleges Contra Contra County had an affirmative obligation to remedy the present drainage problems at this location and the areas surrounding this location. Contra Costa County had both actual and constructive notice of the water drainage and slide problems in this area and had a duty to take corrective measures to prevent the type of injury incurred by this claimant. 5. Claimants' injuries are costs to repair to his property, an amount equal to $13,000 and diminution of value of a minimum of $5 ,000. 6 . My claim as of the date of this claim is $ 18 ,000. Dated : May 27 , 1986 /. 44W000L MICHAEL L . BEPLER �aJARD Or tQZ tS Cr can Ctidlal aoa�mr. AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNT-MR AC FLOOD CONTRt�, AND W TER CONSERV }Z,S TJune 24, 196 class the-Casty, or Dismeat sy govarced by the 9=rd of Superriscre, !tr copy or document W1 4oL tease- Routing woorsaeaente, and Board nbtios of the totsom taken eon yam" = or the Action. All Section refarenoaa are Hoard of Slepsavlwn varaVa0.1ye balast) to Califoor da Government dodos 61 Van pcsVuant to Gbvesedtieon 3 and 916.40 ties" note all wwaralowe Claiaa tl Marvin J. Cohen County CwAw Attorneys Jeanette K. Shipman MAY 3 Q 1996 Law offices of Sterns , Smith, Walker Aftesst & Grel l A tam -GA 3 280 Utah Street Hand delivered . Amounts San Francisco, CA 94103 $y deliwty to algjrk ® May 27 , 1986 $1 , 000, 000. 00+ Date 30ci d"dt May 27, 1986 ay rail, Postmarked an nM. Mark of Vi DoLrd R Su lot • vaiiiim Attached is a copy, of the abovepenoted claim. County Dttadt May 30, 1986 1'i3lt, DItMiFS.GR, C1eNc, ft"MI County aFxizel ?Ds Cl or Ube 30" of (Check way one) � ( ) '!this claim ocaplies sutstantially with Sections 910 and +920.2. VONX-)) Ibis claire ?AnS to 0easply substantially with Sections 910 and 910.20 and We are 00 notifying claimant. The Hoard cannot act for 15 days (Section ( ) Claim is not timely filed. Clerk shasld return claim an gmxM that it was find late and send warning of 01e3mant's right to apply for leave to preagat a Iate claim (.Section 922,6). ( ) Others Dated: ,.tr ay: c� , putt' miiity In* ttlM: Clerk sof the Board oto: Cl) � y Coearysel, (2) County Administrator ( ) main wan returnee! as Untimely with notice to alaieant (Section M1.3). I9. 1tDiAlta 1t' wdnitous rote of Supervieore present (X) This claim is rejected in full, t 3 Others thi a3nastes fforsdatehs i sua truecorrect obey EneMarc 8 eo Datedt JUN241929 RM 1MJt * Clark, By C�XYtI� • f Marta Subject to oartaizt esaePtionst You sieve O�IX(6) months fres t1w date or tub notice was personally carved or deposited in the rail to file a acurt actiaetao this Slain. ase Gov`wM ent Code SeoU00 9115.6. a�attar,1bu�ay teems dt to ie of a atm of � atelce in oc vwction rith this : YOU should do so immediately. T. !!!M: Clerk sof the Board St (1) Coeanty annul, (2) County Ad aiaistratar A,ttacW are owpias of the above claim. Yee abtified the claimant of the soardrs action an this Pham by =111119 a e,bpy of this doeumwwrt and a Mw thereof lyes been tiled and endorsed an the am d's eopy. sof this Claim in ao=Nbnoe witty Saetim 29703. ( ) ♦ rto a>Zyi ada�Iaimant'a sight to apply for leas a late claim was soiled — __ rte, Cleric, 7 Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUIT BLE REL EF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County Flood Control Dist icRECEIVED MAY,�7 1986 TO: Contra Costa County Flood Control District Contra Costa County "4ox"a". CLERK1. AVn Of PRL".:.^.:: 651 Pine Street TE�c 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: Marvin J.. Cohen 21 Parr Blvd. 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 or about February 14, February 18 and March 10, 1986 at c/o Allen Tire Sales, 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 27, 1985 JEANE * SHIPMAly P Attorney for Clai ant 3504-A u CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen 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; .r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen 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. nrclm.rpt / V BOARD OF SUMMORS OF CMU COSTA COMM CUMUNIA BOAARD ACTION AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD i0"N Tn,O�. D ,CO F N � �ISTRICT moncE To CLAIMW June 24 , 1986 governed by the Board of Supervisors, ) 7be W" of a t ed to you is your Routing Endorsements, and Board ) notice of the action taken an your claim by the Action. All Section referenoes are ) Board of Supervisors (Paragraph IV, Oelaw), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all ■Warnings". Claimant: George and Barbara Cowen C-qry *counsel Attorney: Wald, Freedman, Chapman & Bendes `�(/N101986 554 Grand Avenue Address: Oakland, CA 94610 �L de y •�.i/GsQ2. deliaveiy tol C1�rke on May 27 , 1986 Amount: $250 , 000 . 00 BY y Date Received: May 27 , 1986 By mail, postmarked on X. : Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986 PHIL BATCHELOR, Clerk, ByDeputy Cathy anowles Il. : County Counsel 10: Clerk of-the Board or Superviaors (Check only one) This claim oamplies 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: �. < By: _ �� ` �- ".Nputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( } Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (() This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of he Board's Order entered in its minutes for this date. Dated: J UN 2 4 lqpr, PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action an this claim. See Goverment Code Section 945.6. You may seek the advice of an attorney of yar choice in oonnection with this matter. If you want to consult an attorney, you should do so immediately. V. FRCH: 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 claimants right to apply for leave to en a-late claim was mailed DATED: A�� 3 U 1986 Pm BAT(Immt v Clerk, By , Deputy Clerk CC: County Administrator (2) County Counsel (1) RECEIVED W of l 1986 :2:5'SPM- PHiI EATCHEIC: IE;K AinOi P .^J:. .. ..... De !i In the Matter of the Claim of: ) GEORGE COWEN and BARBARA COWEN ) -vs- ) CLAIM AGAINST CONTRA COSTA COUNTY, GOVERNMENT CONTRA COSTA COUNTY ) CODE SECTION 910 GEORGE COWEN and BARBARA COWEN hereby 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 Claimants is : GEORGE COWEN and BARBARA COWEN 1475 Westridge Avenue Danville, California 94526 2 . The address to which all notices are to be sent is as follows : GEORGE COWEN and BARBARA COWEN % WALD, FREEDMAN, CHAPMAN & BENDES A Professional Law Corporation 554 Grand Avenue Oakland, California 94610 3. Claimants are informed and believe that said COUNTY OF CONTRA COSTA through its subsidiary agencies, including but not limited to the DEPARTMENT OF PUBLIC WORKS, and the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, designed, and permitted to be built, constructed, installed, controlled, and at all times herein relevant was responsible for the maintenance of that certain flood diversion creek, ditch, 1 and channel upon the real property adjoining the real property of Claimants and upon the property of Claimants which real property of Claimants ' is commonly known and described as 1047 Westridge Avenue, Danville, California. 4. Claimants are informed and believe that on or about February 15, 1986, and continuing thereafter said City of Danville so negligently and carelessly maintained and managed said drainage system so that the same was caused to flood and innundate the property of Claimants ' residential and real property and improvements thereon, and thereby causing personal injuries and consequential damages . 5. At the time of presentation of this Claim, Claimants claim damages in the sum of Two Hundred Fifty Thousand Dollars ( $250, 000.00) , said sum being the sum necessrary to repair said property and to compensate Claimants for the loss of value thereof and other damages herein mentioned as a result of the negligent and careless acts and omissions by the said COUNTY OF CONTRA COSTA. DATED: May 27, 1986. WALD, FREEDMAN, CHAPMAN & BENDES A Profe ional w Corporation BY: _- ERT B. F4�EEDMAN A torneys for Claimants o 2 CLUX HDARD of 9QP®tyIsOns of dNM ODWA 0020, CRAUNIA ACTIM AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL �� ._ �1nStATE ONSJRV TI &D T ICT I� ,� � June 24, 1986 ^ governed by the Board of Supervisors, The The copy of this document =110a to you is 7OW Routing Endorsements, and Hoard ) notice of the action taken on your claim by the Action. All section referenoes are ) Hoard of Supervisors (Paragraph Ng below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Plam note all vNernIAW, Claimant: JOSEPH CORONE Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA 94103 Hand delivered Amount: $1 , 000, 000. 00+ BY delivery to Clerk on May 27 , 1986 Date Received: May 27 , 1986 By mail, postmarked on I. FFM..—Clerk of the Board of Supervisors 10: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986 PHIL BATCHELOR, Clerk, By Deputy Cath Kflowles II. FROM: County Counsel 70: Clerk or the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: t / /9.r`�� By: Deputy County Counsel III. : Clerk of the Board TO: (1) Co6nty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present Q/% This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its mi for this date. Dated: JUN 2 4 INS PHIL BATCHELOR, Clerk, By Deputy Clerk WARNIM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action an this claim. see Government Code Section 945.6. You may seek the advice of an attorney of your choioe in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FRW: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the 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 leaveXtoAresiTt a late claim was mailed DATED:'�� 6 PHIL BATCHEAR, Clerk, By , Deputy Clerk -0c: County Administrator (2) County Counsel (1) i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone 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 claim . t JosephCorone 2120 Ameericanrican Canyon Road RECEIVED Vallejo, CA 94589 MAY �-71986 2. The address to which notices are to be sent i Jeanette K. Shipman �l6 TCHEIOR LAW OFFICES OF ARD GERVIS S TRA TA CO. STERNS, SMITH, WALKER & GRELL e 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 51 Parr Boulevard, 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 27, 1985 JEANSE K. SHIPMN Attor ey for Clairnant 3513-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone 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. nrclm.rpt /S '4 GLUM BOARD CF 90P'BitVISMS OF dWM CWTA OMM, GLIIUSIA BDARD ACTI0K Claim Against the County, or District ) NMCLF 70 CI.AZ!UM June 24, 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Muloraements, and Board ) notice of the action talo on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Goveriment Code Section 913 and 915.4. Please note all •Turnings". Claimant: JOSEPH CORONE Attorney: Jeanette K. Shipman Address: Law Offices of Sterns, Smith, Walker & Grell 280 Utah Street g San Francisco, CA 94103 deliaer Very Amount: $1 ,000 , 000 . 00+ o ,�cear: May 27 , 1986 Date Received: May 27, 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986PHIL BATCHII,OR, Clerk, By Deputy II. : County Counsel 70: Clerk or-the Supervisors (Check only one) (�) This claim complies substantially with sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section .911.3). ( ) Other: Dated: By: County Counsel III. : Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BDARD MWER By unanimous vote of Supervisors present (�) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its mi for this date. Dated: 2 4 1986 PHIL BATCHMOR, Clerk, By , Deputy Clerk WARNIM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the sail to file a court action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave en a late claim was mailed to aimant. DATED: .1 n 10R6 PHIL BATCHIIAR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) Y . CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone 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 Joseph Corone 2120 American Canyon Road RECEIVED Vallejo, CA 94589 2. The address to which notices are to be sent is: MAY �� 1985 Jeanette K. Shipman LAW OFFICES OF �� PHIL 6A s a w STERNS, SMITH, WALKER & GRELL TpA� �s 280 Utah Street " 'may 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 51 Parr Boulevard, 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 27, 1985 JEANETtg K. SHIPMAY Attorney for Claimant 3513-A r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone 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, asa 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: Corone 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 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' CLAN BOARD of smwvlm of dMM OMA 00010, CNAMIA BOARD AcrloN Claim Against the County, or District ) HMCE TO CUMM1iT June 24 , 1986 governed by the Board of Supervisors, ) The copy of this document malled to you le your Routing Endorsements, and Board ) notice of the action taken on yoW 010411 by the Action. All Section references are ) Board of Supervisors (Paragraph lye below), to California Government Codes ) given pursuant to Government Code section 913 and 915.4. Please note all ■VorainSS". Claimant: BETTY LOU CORONE Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA 94103 Hand ca3el ' ve ed Amount: $11000 ,000 . 00+ By delivery to c or�C on May 27 , 1986 Date Received: May 27 , 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. n Dated: June 10 , 1986PHIL BATCMDR, Clerk, By 1i0� .r Dep t II. : County Counsel 10: Clerk of the Board of Supervisors (Check only one) (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to ecmply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8),. ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (section 911.3). ( ) Other: Dated: _ c_ - By: Deputy County Counsel III. F& Clerk of the Board TO: (1) unty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUN 2 4 19RR PHIL BATOMOR, Clerk, By , Deputy Clerk WARrTM (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) months f1ram the date of thio 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 yota choice in connection with this matter. If you want to oonsult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave ent a late claim was mailed DAT®; �W 3 0 14RF PHIL BATCMDR, Clerk, By 7�'imant �e%� , Deputy Clerk ec: County Administrator (2) County Counsel (1) ' 4 , 'J e• CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone 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 claima t is: Betty Lou Corone t 2120 American Canyon Road Vallejo, CA 94569 RECEIVED 2. The address to which notices are to be sent is: Jeanette K. Shipman MAY a� 1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL as TF" FERVISO ER A 280 Utah StreetRA T San Francisco, CA 94103 e 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at 51 Parr Boulevard, 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 27, 1985 JEANErpt K. SHIP Attorney for Claimant 3513-B ri CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone 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; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; I r r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone 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 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 CLUM BOARD OF SUMVISMS CF COM" COSTA COMM, CUMUNIZA DON AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL Claim �n'az a ONSEyr � j�,ai T ICT ,ICE 70 ��� June 24, 1986 governed by LLthe Bird of ++1 sorsa, )J � copyof-this document =11W to you is YOW Routing Sndorsementa, and Board ) notioe 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: BETTY LOU CORONE Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA 11103Hand delivered Amount: $11000 ,000 . 00+ By delivery to Clerk on May 27 , 1986 Date Received: May 27 , 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors 10: County Counsel Attached is a copy of the above-noted claim. n Dated: June 10 , 1986 PHIL BATCHELOR, Clerk, By Deputy 'cathy K owl s ` II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) (x) This claim Complies substantially With Sections 910 and 910.2. ( ) This claim FAIL" to comply substantially With Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it Was filed late and send Warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: ` puty County Counsel III. FkM: Clerk of the Board TO: (1) Coin4y Counsel, (2) County Administrator ( ) Claim Was retuned as untimely With notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present Q0 This claim is rejected in full. ( ) Other: I Certify that this is a true and Correct copy of he Board's Order entered in is minutes for this date. i Dated: JUN 2 12p L.WIL BATCHELOR, Clerk, By Deputy Clerk YAWNG (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 cont action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your Choice in connection with this matter. If you Want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 10: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardis action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance With Section 29703• ( ) A warning of claimant's right to apply for leave en a late claim Was mailed to claimant. DATED: JUN 94 n lnDr, PHIL BATCHELOR, Clerk, By , Deputy Clerk co: County Administrator (2) County Counsel (1) ' V CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone 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: Betty Lou Corone 2120 American Canyon Road Vallejo, CA 94589 2. The address to which notices are to be sent is RECEIVED Jeanette K. Shipman LAW OFFICES OF MAY V 1986 STERNS, SMITH, WALKER & GRELL 280 Utah Street PH1LB TCHELOR San Francisco, CA 94103 cL K ARID ' uq�R°I s TM ST O B 1. 3. The circumstances which give rise to this claim occurre on or about February 14, February 18 and March 10, 1986 at 51 Parr Boulevard, 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 27, 1985 JEANEtVE K. SHIPAAN Attorney for Claimant 3513-B ,CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Corone 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. nrclm.rpt Y CLA3X HOARD OF sQP®tVISORS or AM asn Wom a G1IO2IA 1RiARD ►C'PION AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL Claim _gai�1�tATE £Ry;AOJl.DSIgTRICT IICE 70 DWT, June 24, 1986 governed by the Hoard of sora, ) The copyof—We document malled to you In your Routing Endorsements, and Hoard ) notioe of the action taken on your claim by the Action. All Section refereves are ) Hoard of Supervisors (Paragraph No below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all Warnings". Claimant: STEVEN COHEN Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA 94103 Hand delivered Amount: $11000 , 000.00+ By delivery to Clerk an May 27, 1986 Date Received: May 27 , 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. o n_ Dated: June 10 , 1986 PHIL BATCHELOR, Clerk, By `� y�/ y Cathy 10nowles II. : County Counsel TO: Clerk o e Board of Supervisors (Check only one) (>4 lois claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.29 and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3)- ( ) Outer: Dated: 7jtTT 77 7 V 77 By: County Counsel l 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. HOARD ORDER By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) other: I certify that this is a true and correct copy of he Board's Order entered in its miny�s for this date. Dated: J UIV 2 4 LgALJML BATaMOR, Clerk, By / , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the nail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this Matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 10: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to wesent a late claim was mailed to claimant. DATED: JON q n iocn PHIL BATCHELOR, Clerk, By - , Deputy Clerk Cc: County Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen v. Contra Costa County Flood Control Dis ri*Llk RECEIVED + TO: Contra Costa County Flood Control District MAY�7, i986 Contra Costa County 651 Pine Street wai earcKic: tzR a vn oc su z•;;,.; Room 106 Martinez, CA 94553 7RD 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: Steven Cohen c/o Allen Tire Sales 21 Parr Blvd. 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 or about February 14, February 18 and March 10, 1986 at c/o Allen Tire Sales, 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 27, 1985 JEANE K. SHI Attorn y for Clai ant 3504-B CLAIM FOR .PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen 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 CLUM BDARD OF SMWvISMS OF COM CO3fA ODMMe CKMWIA BOARD ACiTON Claim Against the County, or District ) NONCE TO CLAD(VT June 24 , 1986- governed by the Hoard of Supervisors, ) The copy of this doomemat miled to you is your Routing &:dorsemgnts, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragmaph IV, below), to California Goverment Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarninW e Claimant: STEVEN COHEN Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street el San Francisco, CA 94103, del every p C1e May 27 , 1986 Amount: $1 , 000 , 000 . 00+ Date Received: May 27 , 1986 By mail, postmarked an I. : Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986PHIL BATCHII.OR, Clerk, By Deputy II. : County Counsel T0: Clerk or the Boaird of Supervisors (Check only one) (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to ocmply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Peputy County Counsel III. Pkft Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: = d ,nem—,—PHIL BAT(.'HE[OR. Cierk, By CX'�/ , Deputy Clerk VARNIM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in om mection 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 p t a late claim was mailed to claimant. DAT®: JUN q n 1gAR PHIL BATCHF:[DR, 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: Cohen 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: Steven Cohen C/o Allen Tire Sales 21 Parr Blvd. Richmond, CA 94801 �+ 2. The address to which notices are to be seit s EIV—ED Jeanette K. Shipman MAY ;F1 1o85 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL IL BAC LOi1 280 Utah Street EA ao F UPERVI as San Francisco, CA 94103 • TA o. 3. The circumstances which give rise to this claim o curred on or about ]February 14, February 18 and March 10, 1986 at c/o Allen Tire Sales, 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 27, 1985 JEANEM K. SHIP Attorney for Claimant 3504-B CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen 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; (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: Cohen 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 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 /S y CLUX BOARD OF SOPMVISORS OF CMM COSTA COMM, CiAI.IFQ NIA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL BARD ACTION Claim _ A�1D ATER 0oNSERy;AT�I0D1_aISTRICT VICE TO CLLTKW June 24, 1986 governed by the Board Gof Supervisors, )J The copy a t ed to YOU 10 yOW Routing indorsements, and Board ) notios of the action taken on yoga 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 ffWariings". Claimant: DONNA COHEN Attorney: Jeanette K. Shipman Address: Law Offices of Sterns, Smith, Walker & Grell 280 Utah Street San Francisco, CA 94103Hand delivered Amount: $1 ,000 ,000. 00+ By delivery to clerk on May 27, 1986 Date Received: May 27 , 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986 PHIL BATaMbR, Clerk, By LDeputy __�tathy wle s II. : County Counsel 70: Clerk of---the Board of Supervisors (Check only one) 00 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3)• ( ) Other: Dated: A-T By: )Deputy County Counsel III. FROM: Clerk of the.Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUN 2 A lona PHIL BATCHELOR, Clerk, By El�G?� . Deputy Clerk YARNIM (Gov. Code Section 91 3) Subject to oertain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Goverment Code Section 945.6. 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. Ye 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 en a late claim was mailed toaimant. DATM: JUN 3 01986 PHIL BATaMDR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) r` CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et se rr re: Cohen v. Contra Costa County Flood Control Di r� CEIVED X7, 1986 TO: Contra Costa County Flood Control District MAY I�: 7 . ... Contra Costa County PHIL BATCHEI= 651 Pine Street IE:� odors+ Etv: C TRA OF.9 Room 106 ° o� 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: Donna Cohen c/o Allen Tire Sales 21 Parr Blvd. 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 or about February 14, February 18 and March 10, 1986 at c/o Allen Tire Sales, 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 27, 1985 JEAN TE K. SHIPMAN Attorney for Claimant 3504-C i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen 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. nrclm.rpt JUN 3 1986 cr 'Dwww— OP CM Mn Mmm, CAtMW-= June 24; 198 Glace County, biatt�dt 9i�CS !0 0 -RR governed by the Board of Supervisors, Via am s z mailed toM Is year Routing gt:dorsementse and Hoard notice of the action taken an yotir elms by the Action, All Section refarenoes aro Board of �'INM (Paragraph 17, bdcw), to California Government Codes given pzS=t to Government Code Section 943 and 94S.4. !lease now all 'woad! e Claimants Inn Jansen & Lynn Jansen.. „,, (CCCounty) ��yy�+nry Attorney: John P. Caudle ' C804k279458 Kincaid, Gianunzio, Caudle & Hubert MAY2 J 9 •ddreass 200 Webster St . , Ste. 200 1986 Oakland, CA 94604-0828 Anomts Unspecified By delivery to clerk CAN% =late Received: May 27 , 1986 By sail, poatmrW an _ May 23. 1986 Clark if 57e board of Supervisors 20t y Attached is a copy, of the above-noted claim. . Sateds May 28 , 1986 PHIL BAT'OMM, Mark, By 96puty C—Fffix K o es : y : Cleric of the 348irdbors (Check only one) (� We claim ocmplies substantially with Sections 910 and 910.2. ?his claim Fans to comply substantially with Sections 910 and 910.2, essd we aro so notifying claimant. The Board oanr:ot act for 15 days (Section glO.Q). ( ) Maim is not timely filed. Clerk should return claim an ground that it was filed late and send srar:iinn$� of claimants& right to apply for leave to present a late Claim (Section 91.1,3). ( ) Othars Rated: By: ptrtyCounty CVzMl III. IN”: • _ ark of the Board 70: Cl) County Counsel, (2) County Administrator 0 ( ) Maim was returned as untimely with notice to claimant (Section 911.3). I9. om GRDFR By snan4mous vote of Supervisors praseat (V% This claim is rejected in !'1111. ( ) Others INIeorer�ti y Aha this s a- true correct Copy seg en t& Jt1N 4 1986' N, BAT'CRMM� Merk. I �. nateds • Deputy Clark YAV= (Gov. Code Section 943) WbJect to certain meptiona, you have only six (6) months from the data of this notice was personally served or deposited in the sail to rile a oourt action cc this claim. bee Government Code Section 915.6. You may seek the advice or an attorney or your choice in cors we Ion with lois matter. If you want to oonsult an sttmm, you should do so immediately, v. nm: Mork or the Board IlD: Cl) County Cotmeal, (2) County A&drAstrator Attachbd are Copies of the &Dove claim. Ye notified the Claimant of the Board's action an this claim b9 sailing a Copy of this doeumeat, and a memo thereof has beer: filed and endorsed as the Baardss Copy of this Claim in a000rdanoe with Section 29703. ( I A wpar�utinngg or Claimants aright to "'Y for leave to /t a late slats was nailed AIT�:����y � 19RA PM PAT=M s Clerk, By y Clerk • w - ' THE LAW OFFICES OF DONALD H. KINCAID VICTOR J.GIANUNZIO KINCAID, GIANUNZIO, CAUDLE & HUBERT JOHN P. CAUDLE GARRY J.D. HUBERT A PROFESSIONAL CORPORATION TELEPHONE PATRICK J. HAGAN ELIOT R. HUDSON 200 WEBSTER STREET (415) 465-5212 THOMAS F.CASTLE GREGORY MICHAEL DOYLE OAKLAND, CALIFORNIA MAILING ADDRESS MICHAEL R.WELCH EDWARD M. PRICE P.O. BOX 1828 CURTIS A.CANFIELD Oakland, CA SHAWN MTHROWE 94804-0828 BARBARA J MASSEV BERTA H. SCHWEINSERGER LAURA D. CASON E.JANE WELLS DEANNE B. POLITEO TERRY J.TRAKTMAN STEPHEN D. BURTON HOWARD A. SHIROMA DENNIS L. BELCOURT WARREN T. WOO BRIAN N. ZANZE May 22 , 1986 DEBRA A.CHAUM DAVID R. DUNKIRK STEVEN E. MCDONALD ROSS M. MELTZER Clerk Contra Costa Board of Supervisors 651 Pine Street Martinez , California 94553 Re: Claims of Imm Jansen and Lynn Jansen against the County of Contra Costa and against Richard Rainey, Sheriff Our File No. SF08028 Dear Clerk: Enclosed herein are original and one copy of : 1. Claim of I= Jansen and Lynn Jansen against the County of Contra Costa resulting from Complaint of Kenneth Reed and James Shadwick; 2 . Claim of the Jansens against the Sheriff of Contra Costa resulting from the Complaint of Kenneth Reed and James Shadwick; 3 . Claim of the Jansens against the County of Contra Costa resulting from the Complaint of Lonnie Stark; and 4 . Claim of the Jansens against the Sheriff of Contra Costa County resulting from the Complaint of Lonnie Stark. Clerk Contra Costa Board of Supervisors May 22, 1986 Page Two Please file these claims and return the conformed copy to us in the self-addressed, stamped envelope which is also enclosed. Very truly yours, KINCAID, GI/A/NUN�.ZDIO, CAUDLE & HUBERT HOWARD H. SHIROMA HHS:cjf Enclosure (s) 1 John P. Caudle, Esq. Howard H. Shiroma, Esq. 2 KINCAID, GIANUNZIO, CAUDLE & HUBERT A Professional Corporation 3 200 Webster Street, Suite 200 Post Office Box 1828 4 Oakland, California 94604-0828 Telephone: (415) 465-5212 5 Attorneys for Defendants 6 IMM JANSEN and LYNN JANSEN RECEIVED 8 MAY 1l 1986 9 PHIL BA CHELOR LERK BARDX PERVI$ RS NTRAACO. 10 BY .. ... �t.14.. ry 11 In Re The Claim of 12 IMM JANSEN and LYNN JANSEN, CLAIM FOR DAMAGES 13 vs. (Govt. Code 5.910), 14 COUNTY OF CONTRA COSTA and RICHARD RAINEY, Sheriff of Contra Costa 15 County, 16 Respondents. 17 TO: CONTRA COSTA COUNTY AND RICHARD RAINEY, SHERIFF 18 OF CONTRA COSTA COUNTY 19 The undersigned present this claim for damages on 20 behalf of Imm Jansen and Lynn Jansen pursuant to Government Code 21 Section 910 and provides the following information: 22 1. The name and address of claimants: 23 Imm Jansen and Lynn Jansen 901 North Rancho Road 24 El Sobrante, CA 94803 25 2 . Address to which claimant desires notices to be sent: 26 John P. Caudle, Esq. 27 Kincaid, Gianunzio, Caudle & Hubert Post Office Box 1828 28 Oakland, CA 94604-0828 THE LAW OFFICES OF KINCAID, GIANUNZIO, CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET OAKLAND.CA 94807-3789 (415)485-5212 • , 1 3 . The date and place of occurrence giving rise to 2 this claim is: 3 January 19-, 1985, at about 7: 30 p.m. in the 4 vicinity of 2772 Pinole Valley Road, Pinole, Contra Costa 5 County, California. 6 4 . The date of occurrence giving rise to this claim is 7 April 3 , 1986, the date upon which the Complaint and Notice of 8 Acknowledgment of Receipt were served on claimants. Information 9 regarding the complaint is as follows: Kenneth Reed, James 10 Shadwick vs. State of California, County of Contra Costa, 11 Richard Rainey, Sheriff of the County of Contra Costa, H. S. 12 Hodge Corporation, a California corporation Technical g p Equities 13 Corporation, a California corporation,rporation, individually and dba Red 14 Vest Pizza Parlor, Red Vest Pizza Parlor, Gun Seller, Jodell 15 Williams, Sharon Williams, Darin Oliva, Kevin Oliva, Imm Jansen, 16 Lynn Jansen, and Does I through C, inclusive. 17 5. The circumstances giving rise to this claim are as 18 follows: 19 On or about January 19, 1985, plaintiffs Kenneth Reed 20 and James Shadwick were shot and injured by defendant Jodell 21 Williams in the County of Contra Costa, State of California. 22 Through the negligence of the agents, officers and employees of 23 the Sheriff's Department of the County of Colntra Costa, Jodell 24 Williams was permitted to purchase a concealable firearm with 25 which he shot plaintiffs. 26 On January 19, 1985, Jodell Williams was in the company 27 of Sharon Williams, Darin Oliva and Kevin Oliva who allegedly 28 THE(-AW OFFICES OF INCAID, GIANUNZIO, CAUDLE & HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET IAKLAND.CA 94607-3799 (415)465-5212 - 1 conspired and aided and abetted Jodell Williams in the acts 2 alleged above. As a result claimants Imm Jansen and Lynn Jansen 3 the parents of Darin Oliva and Kevin Oliva have been sued for 4 the negligent supervision of Kevin Oliva who was a minor at the 5 time of the incident. A copy of the complaint is attached. 6 6. Kenneth Reed and James Shadwick are alleging 7 special, general and punitive damages as a result of the 8 incident. . Claimant seeks an apportionment of fault and 9 equitable indemnity for these damages. Said complaint was served 10 on this defendant on or about April 4 , 1986. DATED: May 15, 1986. 11 KINCAID, GIANUNZIO, CAUDLE & HUBERT 12 13 By: 14 H W H. SHIROMA 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE I.AW OFFICES OF (INCAIP, GIANUNZIO, CAUDLE & HUBERT A PROFESSIONAL COFIPORATION 200 WEBSTER STREET JAKI.ANP.CA 94609-3789 (415)465-5212 I LAW OFFICE OF JOHN M. STARR 1 ' 2 1460 Washington Boulevard, Suite B-101 _ Concord, California 94521 3 Telephone: (415) 672-2080 NOV I.) IH:5 4 J. R. 0 SS-''!. (,-linty '!:eik 5 Attorney for P1 a i n f i f f 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 KENNETH REED, JAMES SHADWICK, ) 11 Plaintiffs , ) NO. 2'7945) 8 12 vs . ) COMPLAINT FOR DAMAGES ) 13 STATE OF CALIFORNIA, COUNTY OF) � ) ti =y t CONTRA COSTA, RICHARD RAINEY, ) w�14 / ,! t;%: ti ;•;,:�_: ED 14 Sheriff of the County of ) Contra Costa , H. S. HODGE ) 15 CORPORATION, a California ) �' ?' corporation , TECHNICAL ) 16 EQUITIES CORPORATION, ) a California corporation , ) I 17 individually and dba RED VEST ) PIZZA PARLOR, RED -VEST PIZZA } 18 PARLOR, GUN SELLER, JODELL ) WILLIAMS , SHARON WILLIAMS , ) 19 DARIN OLIVA, KEVIN OLIVA, IMM ) JANSEN, LYNN JANSEN, and DOES ) 20 I through C, inclusive , ) I 21 Defendants. ) ) 22 23 Plaintiffs KENNETH REED and JAMES SHADWICK for cause 24 of action against defendants above-named and each of them 25 allege : 26 GENERAL ALLEGATIONS 27 1 . Defendant STATE OF CALIFORNIA is, and at all times 28 mentioned herein was , a sovereign state of the United States of - 1 - America . 1 2 . The Department of Corrections is, and at all times 2 mentioned herein was, an agency of the STATE OF CALIFORNIA, duly 3 organized and existing as a department thereof under the laws of 4 the STATE OF CALIFORNIA. The Department of Corrections is 5 charged by law with the duty and responsibility of 6 supervising , managing , directing , and controlling convicted 7 felons who are on parole in order to prevent violation of the 8 law by such parolees and for the protection of the public. 9 3 . The DEPARTMENT OF JUSTICE is , and at all times 10 mentioned herein was , an agency of the STATE OF CALIFORNIA, duly 11 organized and existing as a department thereof under the laws of 12 the STATE OF CALIFORNIA. The DEPARTMENT OF JUSTICE is charged 13 by law with the duty and responsibility of administering the 14 laws of the STATE OF CALIFORNIA relating to firearms capable of 15= being concealed upon the person for the purpose of preventing 16 the purchase or possession of concealable firearms by persons 17 prohibited by law from purchasing or possessing such : firearms 18 and for the protection of the public . •19 4 . Plaintiffs are informed and believe and thereon 20 allege that at all times mentioned herein each of the individual 21 22 defendants sued herein as DOES I through DOE V, inclusive , was 23 an officer or employee of the DEPARTME14T OF CORRECTIONS and in 24 such capacity was an agent of Defendant STATE OF CALIFORNIA, and 25 was at all such times acting within the purpose and scope of 26 such agency and employment . 5. Plaintiffs are informed and believe and thereon 27 28 allege that at all times mentioned herein each of the individual LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 2 — Suite B•101 Concord. CA 94521 41st 0;72.2nao defendants sued herein as DOES VI through DOE X , inclur' ve , was 1 ` an officer or employee of the DEPARTMENT OF JUSTICE, and in such 2 capacity was an agent of Defendant STATE OF CALIFORNIA and was 3 at all such times acting within the purpose and scope of such 4 agency and employment . 5 6 . Defendant COUNTY OF CONTRA COSTA is , and at all 6 times mentioned herein was, a public entity, a county duly 7 8 organized and existing under the laws of the STATE OF CALIFORNIA. 9 7 . Defendant RICHARD RAINEY is , and at all times 10 11 mentioned herein was, the duly elected , qualified , and acting Sheriff of the COUNTY OF CONTRA COSTA, and at all times 12 mentioned herein was acting within his official capacity and in 13 furtherance of his duties and responsibilities as such public 14 officer . Defendant RICHARD RAINEY as Sheriff of CONTRA COSTA 15 16 COUNTY is charged by law with the duty .and responsibility of 17 administering the laws of the STATE OF CALIFORNIA for the 18 purpose of preventing the purchase or possession of concealable 19 firearms within the county by persons who are prohibited by law 20 from purchasing or possessing such firearms and for the 21 protection of the public . 22 8 . Plaintiffs are informed and believe and thereon 23 allege that at all times mentioned herein each of the individual 24 defendants sued herein as DOES XI through DOE XV, inclusive , was 25 an officer or employee of the Sheriff ' s Department of the COUNTY 26 OF CONTRA COSTA and in such capacity was an agent of Defendant 27 COUNTY OF CONTRA COSTA and of Defendant RICHARD RAINEY, Sheriff, 28 and was at all such times acting within the purpose and scope of LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 3 Suite B•101 Concord.CA 94521 14151 612.2080 such agency and employment . 1 9 . Defendant H. S. HODGE CORPORATION is, and at all 2 3 times mentioned herein was , a corporation duly organized and 4 existing under the laws of the State of California , and at all 5 times mentioned herein was the owner of and in possession and , 6 control of that certain premises located in the City of Pinole , 7 County of Contra Costa , known as the Pinole Valley Shopping 8 Center located at and in the vicinity of 2772 Pinole Valley Road 9 and particularly the parking and pedestrian areas ;of said 10 shopping center . 11 10 . Plaintiffs are informed and believe and thereon 12 allege that at all times mentioned herein each of the individual 13 defendants sued herein as DOES XVI through XX , inclusive , was an 14 officer or employee of Defendant H. S. HODGE CORPORATION, and in 15 such capacity an agent of said Defendant H . S. HODGE r> 16 CORPORATION, and at all such times was acting within the purpose 17 and scope of such agency and employment . 18 11 . Defendant TECHNICAL EQUITIES CORPORATION at all 19 times mentioned herein was and now is a corporation duly 20 organized and existing under the laws of the STATE OF 21 CALIFORNIA. 22 12 . Plaintiffs are informed and believe and thereon 23 allege that Defendant TECHNICAL EQUITIES CORPORATION is , 24 and at all times mentioned was , doing business as RED VEST PIZZA 25 PARLOR and at all times mentioned herein was the lessee and in 26 possession of certain premises located at or in the vicinity of 27 2772 Pinole Valley Road in Pinole, Contra Costa County, 28 California . LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 4 _ Suite B•101 Concord. CA 94521 13 . Plaintiffs are informed and believe , and thereon 1 allege that Defendant RED VEST PIZZA PARLOR at all times 2 mentioned herein was and now is doing business under the 3 fictitious name of RED VEST PIZZA PARLOR and at all times 4 mentioned herein operated a business located at 2772 Pinole 5 Valley Road , Pinole , Contra Costa County, California , under 6 said name of RED VEST PIZZA PARLOR. Plaintiffs are informed and 7 believe and thereon allege that RED VEST PIZZA PARLOR at all 8 times mentioned herein was and now is owned and under the 9 control of Defendant TEC1I14ICAL EQUITIES CORPORATION, a 10 California corporation, . 11 14 . Plaintiffs are informed and believe and thereon 12 allege that at all times mentioned herein each of the individual 13 defendants sued herein as DOES XXI through DOE XXV,. inclusive , 14 was an officer or employee of Defendant RED VEST PIZZA PARLOR 15 and of Defendant TECHNICAL EQUITIES CORPORATION and in such 16 capacity an agent of RED VEST PIZZA PARLOR and of TECHNICAL 17 EQUITIES CORPORATION, and at all such times was acting within 18 19 the purpose and scope of such agency and employment . 20 15 . Plaintiffs are without knowledge of the true name 21 and capacity of the defendant sued herein under the name of GUN 22 SELLER and whether said named defendant is a corporation , 23 partnership, individual , or other legal entity, and therefore 24 sue said defendant by such fictitious name . Plaintiffs will 25 amend this complaint to allege such defendant ' s true name and 26 capacity when ascertained . 16 . Plaintiffs are informed and believe and thereon 27 28 allege that at all times mentioned herein each of the individual LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 5 — iuite B-101 ;oncord. CA 94521 4151 672.2080 defendants sued herein as DOES XXVI through DOE XXX , inclusive , 1 was an officer or employee of Defendant GUN SELLER and in such 2 capacity an agent of GUN SELLER, and at all such times was 3 acting within the purpose and scope of such agency and 4 5 employment . 6 17 . Plaintiffs are without knowledge of the true names 7 and capacities of defendants sued herein as DOES I through DOE C, inclusive , and therefore sue these defendants by such 8 fictitious names and that all of the defendants herein are the 9 10 agents of themselves and each other . Plaintiffs will amend this it complaint to allege their true names and capacities when ascertained . Plaintiffs are informed and believe and thereon 12 13 allege that each of the defendants designated as DOES I through DOE C is negligently or intentionally responsible in some manner 14 15 for the occurrences herein alleged , and thereby proximately 16 caused injuries and damages to the plaintiffs as herein alleged . 17 18 FIRST CAUSE OF ACTION (NEGLIGENCE) 19 18 . Plaintiffs incorporate by reference and reallege 20 Paragraphs 1 , 2 , 3 , 4 , 5 , and 16 . 21 19 . Prior to and on January 19 , 1985 , Defendant STATE 22 OF CALIFORNIA acting by and through the DEPARTMENT OF 23 CORRECTIONS and the DEPARTMENT OF JUSTICE , and its officers , 24 employees , and agents, DOES I through DOE X, inclusive , 25 negligently, carelessly, recklessly, and improperly supervised , 26 managed , directed and controlled Defendant JODELL WILLIAMS, a 27 convicted felon and parolee under the parole supervision of the 28 DEPARTMENT OF CORRECTIONS so as to allow and permit said JODELL LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 6 Suite B•101 Concord. CA 94521 14151672-2080 3 ( 1 WILLIAMS to purchase a concealable firearm and to possess , 1 control , and have access to a concealable firearm at his place 2 of residence and to carry said concealable firearm on his person 3 in violation of the laws of the State of California . 4 20 . Prior to and on January 19 , 1985 , Defendant STATE 5 6 OF CALIFORNIA acting by and through the DEPARTMENT OF JUSTICE 7 and the DEPARTMENT OF CORRECTIONS and its officers , employees 8 and agents, DOES I through DOE X, inclusive, negligently, 9 carelessly, recklessly and improperly administered the laws of 10 the STATE OF CALIFORNIA relating to the purchase , ownership, possession , and control of concealable firearms and negligently 11 failed to employ available funds , equipment, and personnel to 12 13 administer said laws properly and as a result thereof did allow 14 and permit Defendant JODELL WILLIAMS to purchase , possess , 15 control , and have access to a concealable firearm at his place of residence and to carry said concealable firearm on his person 16 in violation of the laws of the State of California . 17 16 21 . Said negligence , carelessness , recklessness and 19 improper acts as above alleged were the result of the 20 performance and nonperformance by the officers , employees and 21 agents of the DEPARTMENT OF CORRECTIONS and the DEPARTMENT OF 22 JUSTICE of mandatory and ministerial duties and responsibilities 23 in administering and erforcing the laws of the State of 24 California relating to supervision of parolees and the purchaser 25 ownership, and possession of concealable firearms . 26 22 . As a direct and proximate result of the 27 negligence , carelessness , recklessness , and improper acts of 28 Defendant STATE OF CALIFORNIA and its 'officers , employees , and LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 7 _ Suite 8.101 Concord. CA 94521 +4151672.2080 agents as herein alleged , Defendant JODELL WILLIAMS did on 1 January 19 , 1985 , in the County of Contra Costa , State of 2 California , shoot and injure Plaintiffs KENNETH REED and 3 JAMES SHADWICK with a concealable firearm then being carried by 4 5 JODELL WILLIAMS upon his person in violation of law whereby 6 plaintiffs suffered the injuries and damages as herein Clleged . 7 23 . As a direct and proximate result of the 8 negligence , carelessness, recklessness, and improper acts , 9 intentional or otherwise , each and all of the defendants herein 10 named , acting individually or collectively, alone or in concert , 11 and their officers , employees , and agents as herein alleged , 12 Plaintiffs KENNETH REED and JAMES SHADWICK were injured in their 13 health , strength, and activity, sustaining injury to the nervous 14 system and person of each of them, all of which injuries have 15 caused and continue to cause plaintiffs , and each of them , great physical , mental and nervous pain and suffering . Such injuries 16 17 have resulted in permanent disability to plaintiffs and to each 18 of them, physically and mentally. As a result of such injuries , 19 plaintiffs have suffered general damages in an amount according 20 to proof. 21 24 . As a further direct and proximate result of the 22 negligence , carelessness , recklessness and improper acts , 23 intentional and otherwise , of each and all of the defendants 24 herein named , acting individually or collectively, alone or in 25 concert , and their officers , employees , and agents as herein 26 alleged , Plaintiffs KENNETH REED and JAMES SHADWICK , and each of 27 them , have been required to spend money and to incur 26 obligations , and will continue to be required to expend money LAWOFFICE OF JOHN M.STARR 1460 Watshington Blvd. _ Suite B101 Concord. CA 94521 14151672-2080 and incur obligations for medic\\al services , therapy , 1 rehabilitation , drugs and other sundry expenses required in 2 treatment and relief of the injuries herein alleged and 3 plaintiffs have been damaged thereby in an amount according to 4 proof . 5 25 . As a Eurther direct and proximate result of the 6 negligence , carelessness , recklessness and improper acts , 7 intentional and otherwise , of each and all of the defendants 8 herein named , acting individually or collectively, alone or in 9 concert , and their officers , ' employees , and agents as herein . 10 alleged , Plaintiffs KENNETH REED and JAMES SHADWICK, and each of 11 them , have been damaged by loss of wages , income , and earning 12 capacity in an amount according to proof , and plaintiffs, and 13 each of them , will in the future and for an indefinite period 14 suffer a loss of earning capacity, wages and income in an amount 15 according to proof . 16 26 . On or about April 26 , 1985 , each of the 17 plaintiffs presented to the STATE OF CALIFORNIA by mailing to 18 the State Board of Control , a claim for the injuries , 19 disability, losses and damages suffered and incurred by him by 20 reason of the above-described occurrence , all in compliance with 21 the requirements of S§900 - 915 . 4 of the Government Code . 22 Copies of said claims are attached hereto as Exhibits "A" and 23 "B" and made a part hereof . 24 25 27 . On or about May 29 , 1985 , the STATE OF CALIFORNIA rejected each of said claims in its entirety. 26 WHEREFORE, plaintiffs pray relief as hereinafter set 27 forth . 28 LAN OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 9 — Suite 13.101 Concord. CA 94521 14151612-2080 SECOND CAUSE OF ACTION (NEGLIGENCE) 1 28 . Plaintiffs incorporate by reference and reallege 2 Paragraphs 6 , 7 , 8 , 16 , 23 , 24 , and 25 as though fully set forth 3 herein . 4 29 . Prior to and on January 19 , 1985 , . Defendants 5 COUNTY OF CONTRA COSTA and RICHARD RAINEY, Sheriff , and DOES XI 6 7 through DOE XV, inclusive , negligently, carelessly, recklessly, 8 and improperly administered the laws of the State of California 9 relating to the purchase , ownership, possession , and control of 10 concealable firearms within the county and negligently failed to 11 employ available funds , equipment and personnel to administer 12 said laws properly, and as a result thereof did allow and permit 13 Defendant JODELL WILLIAMS to purchase , possess , control and have 14 access to a concealable firearm at his place of residence and to 15 carry said concealable firearm on his person in violation of the laws of the State of California . 16 17 30 . Said negligence , carelessness , recklessness and 18 improper acts as above alleged were the result of the 19 performance and nonperformance by the officers , employ,?es , and 20 agents of the COUNTY OF CONTRA COSTA, and RICHARD RAINEY, 21 Sheriff, of mandatory and ministerial duties and 22 responsibilities in administering and enforcing the laws of the 23 State of California relating to the purchase , ownership, and 24 possession of concealable firearms . 25 31 . As a direct and proximate result of the 26 negligence , carelessness , recklessness , and improper acts of 27 Defendants COUNTY OF CONTRA COSTA and RICHARD RAINEY , Sheriff , 28 and their officers , employees , and agents as herein alleged , LAV OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 10 Suite B•101 Concord. CA 94521 14151 672.2090 1(/ J Defendant JODELL WILLIAMS did on January 19 , 1985 , in the 1 County of Contra Costa , State of- California , shoot and injure 2 Plaintiffs KENNETH REED and JAMES SHADWICK with a concealable 3 firearm then being carried by JODELL WILLIAMS upon his person in 4 violation of law whereby plaintiffs suffered the injuries and 5 damages as herein alleged . 6 32. On or about April 26 , 1985 , each of the 7 plaintiffs presented to the COUNTY OF CONTRA COSTA by mailing to 8 the Board of Supervisors of the County of Contra Costa a claim 9 10 for the injuries , disability, losses and damages suffered and incurred by him by reason of the above—described occurrence , all 11 12 in compliance with the provisions of 5§900 - 915 . 4 of the Government Code . Copies of said claims are attached hereto as 13 Exhibits "C" and "D" and made a part hereof . . 14 33 . On or about June 5 , 1985 , the Board of Supervisors 15 of the County of Contra Costa rejected each of said claims in 16 17 its entirety . 18 WHEREFORE, plaintiffs pray relief as hereinafter set forth . 19 20 THIRD CAUSE OF ACTION (NEGLIGENCE) 21 34 . Plaintiffs incorporate by reference and reallege 22 Paragraphs 91 10 , 23 , 24 , and 25 as though fully set for herein . 23 24 35 . At all times mentioned herein Defendants H. S. 25 HODGE CORPORATION and DOES XVI through DOE XX, inclusive , negligently, carelessly and recklessly failed to provide 26 27 security and supervisory personnel in the Pinole Valley Shopping 28 Center and in the parking and pedestrian areas of said shopping .Ate'OFFICE OF JOHN NI.STARR 460 Washington Bled. {uite B•101 .oncord. CA 94521 i m R7?.?nNn center , and failed to ' provide adequate lighting and other 1 security and safety precautions in said areas . 2 36 . At all times mentioned herein Defendants H. S. 3 HODGE CORPORATIO14 and DOES XVI through DOE XX, inclusive , had 4 knowledge of and were aware that said shopping center was unsafe 5 by reason of the fact that it was frequented by persons of a 6 quarrelsome and dangerously belligerent nature . 7 37 . On January 19 , 1985 , plaintiffs were on said 8 premises as business visitors and invitees for the mutual 9 benefit of themselves and Defendant H. S. HODGE CORPORATION and • 10 its lessees in said shopping center . 11 38 . At said time and place Defendants H. S. HODGE 12 CORPORATION and DOES XVI through DOE XX, inclusive , and each of 13 them, so negligently owned , rented , occupied , maintained , 14 controlled , managed , and operated said premises including the 15 parking and pedestrian areas that as a direct and proximate 16 result of said negligence Plaintiffs KENNETH REED and JAMES 17 SHADWICK were assaulted and attacked on said premises without 18 provocation by one JODELL WILLIAMS who then and there shot 19 plaintiffs and each of them with a firearm causing plaintiffs to 20 incur and suffer the injuries and damages herein set forth . 21 WHEREFORE, plaintiffs pray relief as hereinafter set 22 forth . 23 FOURTH CAUSE OF ACTION (NEGLIGENCE) 24 39 . Plaintiffs incorporate by reference and reallege 25 Paragraphs 11, 12, 13 , 14 , 23 , 24 , and 25 as though fully set 26 forth herein . 27 40 . At all times mentioned herein Defendants TECHNICAL 28 LAW OFFICE OF JOHN NT.STARR - 12 - 1460 Washington Blvd. Suite $•101 Concord, CA 94521 14151 612.2080 t EQUITIES CORPORATION and RED VEST PIZZA PARLOR, and DOES XXI 2 through XXV, inclusive, negligently, carelessly, and recklessly 3 failed to provide security and supervisory personnel in and 4 about the RED VEST PIZZA PARLOR and in the parking and 5 pedestrian areas adjacent to the RED VEST PIZZA PARLOR and other 6 security and safety precautions in said areas . 7 41 . At all times mentioned herein Defendants TECHNICAL 8 EQUITIES CORPORATION, RED VEST PIZZA PARLOR, and DOES XXI 9 through DOE XXV, inclusive , had knowledge of and were aware that 10 the RED VEST PIZZA PARLOR and the parking and pedestrian areas 11 adjacent thereto were frequented by persons of a quarrelsome 12 and dangerously belligerent nature . 13 42 . On January 19 , 1985 , plaintiffs were on the 14 premises of RED VEST PIZZA PARLOR as business visitors and 15 invitees of TECHNICAL EQUITIES CORPORATION and RED VEST PIZZA 16 PARLOR. 17 43 . At said time and place , Defendants TECHNICAL 18 EQUITIES CORPORATION, RED VEST PIZZA PARLOR, and DOES XXI 19 through XXV, inclusive , so negligently occupied , maintained , 20 controlled , managed and operated said premises including the 21 parking and pedestrian areas that as a direct and proximate 22 result of said negligence plaintiffs were assaulted and attacked 23 on said premises in the parking and pedestrian area thereof 24 without provocation by one JODELL WILLIAMS who then and there 25 shot plaintiffs and each of them with a firearm causing 26 plaintiffs to incur and suffer the injuries and damages herein 27 set forth . 26 WHEREFORE, plaintiffs pray relief as hereinafter set LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 1 3 Suite B•1o1 Concord. CA 94521 .,,c� Rvo.7nAn forth . 1 FIFTH CAUSE OF ACTION (NEGLIGENCE, FAILURE TO WARN) 2 44 . Plaintiffs incorporate by reference and reallege 3 Paragraphs 11 , 12 , 13 , 14 , 23 , 24 , 25 , 40 , 41 , and 42 , as though 4 5 fully set forth herein . 6 45 . On January 19 , 1985 , immediately prig to the time 7 of the occurrences herein described in which plaintiffs were 8 attacked and shot by one JODELL WILLIAMS , TECHNICAL EQUITIES 9 CORPORATION, RED VEST PIZZA PARLOR, and DOES XXI through XXV, 10 inclusive, were aware of and had knowledge that there was an 11 impending altercation involving the use of firearms about to 12 take place in or about said premises and that Plaintiffs KENNETH 13 REED and JAMES SHADWICK would be the objects of an attack with firearms . 14 15 96 . Defendants TECHNICAL EQUITIES CORPORATION , RED 16 VEST PIZZA PARLOR, and DOES XXI through XXV , inclusive , 17 negligently and carelessly and with gross and wanton disregard for the safety of plaintiffs failed to warn plaintiffs of the 18 danger to their persons and failed to alert the police or 19 y 20 sheriff ' s department of the impending threat to plaintiffs and 21 of the imminent threatened disturbance of the peace and safety 22 of the public , and failed to provide security and safety for 23 plaintiffs . 24 47 . As a direct and proximate result of the 25 negligence , carelessness , recklessness , and improper acts of 26 Defendants TECH14ICAL EQUITIES CORPORATION and RED VEST PIZZA 27 PARLOR and their officers , employees , and agents as herein 28 allegeu , Defendant JODELL WILLIAMS did on January 19 , 1985 , LA%Y OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 14 — Suite B-101 Concord. CA 94521 ,J 1%1 672.2080 I shoot and injure Plaintiffs KENNETH REED and JAMES SHADWICK 2 on said premises with a concealable firearm then being carried 3 by JODELL WILLIAMS upon his person in violation of law whereby 4 plaintiffs and each of them suffered the injuries and damages as 5 herein alleged . 6 WHEREFORE , plaintiffs pray relief as hereinafter set forth . 7 8 SIXTH CAUSE OF ACTION (NEGLIGENCE) 9 48 . Plaintiffs incorporate by reference and reallege 10 Paragraphs 15, 16, 23 , 24 , and 25, as though fully set forth herein . 11 12 49 . Prior to January 19 , 1985 , Defendants GUN SELLER 13 and DOES XXVI through XXX, inclusive , negligently, carelessly, 14 recklessly, and in violation of law sold to one JODELL WILLIAMS 15 a concealable firearm without prior identification of the 16 purchaser and notification to the local police department or 17 sheriff and to the STATE DEPARTMENT OF JUSTICE of the ' identity 18 of the purchaser . 19 50 . Said unlawful sale as alleged occurred in that the 20 sale of said concealable firearm was made to SHARON WILLIAMS, 21 the wife of JODELL WILLIAMS and said firearm became and was the 22 community property of SHARON WILLIAMS and JODELL WILLIAMS, 23 husband and wife . 24 51 . As a direct and proximate result of the 25 negligence , carelessness , recklessness , and improper acts of 26 Defendant GUN SELLER and its officers , employees , and agents as 27 herein alleged , Defendant JODELL WILLIAMS did on January 19 , 28 1985 , in the County of Contra Costa , State of Californi-a , shoot .A%V OFFICE OF 10HNM.STARR 460 Washington Blvd. - 15 _ suite Bd01 :oncord. CA 94521 11-51672.2080 1 and injure Plaintiffs KENNETH REED and JAMES SHADWICK with a 2 concealable firearm then being carried by JODELL WILLIAMS upon 3 his person in violation of law whereby plaintiffs and each of 4 them suffered the injuries and damages as herein alleged . 5 WHEREFORE , plaintiffs pray relief as hereinafter set 6 forth. 7 SEVENTH CAUSE OF ACTION ( INTENTIONAL TORT) 8 52 . Plaintiffs incorporate by reference and reallege 9 Paragraphs 17 , 23 , 24 , and 25 , as though fully set forth 10 herein . 11 53 . At all times mentioned herein Defendants 12 SHARON WILLIAMS, DARIN OLIVA and KEVIN OLIVA and DOES XXXI 13 through XL, inclusive , and each of them, were agents of 14 Defendant JODELL WILLIAMS and in doing the things hereinafter 15 alleged were acting within the scope of such agency. 16 54 . On January 19 , 1985 , at approximately 7 : 30 p.m. , 17 in the pedestrian and parking area of the Pinole Valley Shopping 18 Center and of the RED VEST PIZZA PARLOR located in said shopping 19 center at 2772 Pinole Valley Road , Pinole , Contra Costa County , 20 State of California , Defendant JODELL WILLIAMS ~ without 21 provocation willfully , intentionally, and maliciously assaulted 22 and attacked plaintiffs by then and there shooting plaintiffs 23 and each of them with a concealable firearm . 24 55 . In the commission of the acts alleged herein , the 25 shooting of plaintiffs , Defendant JODELL WILLIAMS was aided and 26 abetted by Defendants SHARON WILLIAMS, DARIN OLIVA, KEVIN OLIVA, 27 and DOES XXI through DOE XL, inclusive . 28 56 . As a direct and proximate result of the LAW OFFICE OF JOHN h1.STARR UGO Washington Blvd. 16 � Suite B.101 — Concord. CA 94521 1 intentional and willful acts of Defendants JODELL WILLIAMS , 2 SHARON WILLIAMS, DARIN OLIVA, KEVIN OLIVA, and DOES XXI through 3 DOE XL,, inclusive , as herein alleged , plaintiffs and each of 4 them suffered the injuries and damages herein alleged . 5 57 . The aforementioned acts of Defendants JODELL 6 WILLIAMS and DOES XXXI through DOE XL, inclusive , were willful , 7 wanton , malicious , and oppressive , and justify the awarding of 8 exemplary and punitive damages in the amount of $2 , 000 , 000 . 00 . 9 WHEREFORE, plaintiffs pray relief as hereinafter set .10 forth . 11 EIGHTH CAUSE OF ACTION ( INTENTIONAL TORT - CONSPIRACY) 12 58 . Plaintiffs incorporate by reference and reallage 13 Paragraphs 17 , 23 , 24 , and 25 as though fully set forth herein . 14 59 . On or about January 19 , 1985 , Defendant= JODELL 15 WILLIAMS, SHARON WILLIAMS , DARIN OLIVA, KEVIN OLIVA, and DOES 16 XXXI through XL, inclusive , knowingly and wilfully conspired and 17 agreed among themselves to assault , attack , and batter 18 Plaintiffs KENNETH REED and JAMES SHADWICK and to inflict bodily 19 injury and harm upon each of said plaintiffs . 20 60 . On or about January 19 , 1985 , at approximately 21 7 : 30 p.m . , in furtherance of said agreement and conspiracy, 22 Defendants JODELL WILLIAMS , SHARON WILLIAMS , DARIN OLIVA, KEVIN 23 OLIVA, and DOES XXXI through DOE XL, inclusive , went to the 24 Pinole Valley Shopping Center in Contra Costa County , State of 25 California , with the intent and purpose of inflicting bodily 26 injury upon plaintiffs . 27 61 . At said time and place , Defendants JODELL 28 WILLIAMS, SHARON WILLIAMS, DARI14 OLIVA, KEVl14 OLIVA, and DOES LAW OFFICE OF JOHN M.STARR 1460 Wahington Blvd. — 1 7 — Suite 8.101 Concord, CA 94521 141 t' 972@080 XXXI through DOE XL , inclusive , acting on concert and pursuant 1 to and in furtherance of the - above alleged conspiracy and 2 agreement and without provocation did wilfully, intentionally, 3 and maliciously assault and attack plaintiffs and each of them 4 in that JODELL WILLIAMS shot plaintiffs and each of them with a 5 concealable firearm, 6 62 . Defendants SHARON WILLIAMS , DARIN OLIVA, KEVIN 7 8 GLIVA, and DOES XXI through DOE XL, inclusive , furthered the 9 conspiracy by cooperating with and lending aid and encouragement to Defendant JODELL WILLIAMS in doing the acts above alleged . 10 63 . As a direct and proximate result of the conspiracy 11 12 and agreement and the intentional and willful acts carried out in furtherance thereof as above alleged , plaintiffs and each of 13 14 them suffered the injuries and damages herein alleged and 15 plaintiffs are entitled to exemplary and punitive damages in the amount of $2 , 000 , 000 . 00 . 16 17 WHEREFORE , plaintiffs pray relief as hereinafter set forth . 18 19 NINTH CAUSE OF ACTION 20 (NEGLIGENT SUPERVISION — CONTROL OF MINOR) 21 64 . Plaintiffs incorporate by reference and reallege 22 Paragraph 23 , 24 , and 25 as though fully set forth herein . 23 65 . At all times mentioned herein , Defendants IMM 24 JANSEN and LYNN JANSEN were and now are husband and wife and are 25 the parents of Defendant KEVIN OLIVA, a minor under the age of 26 18 . At all times mentioned herein said KEVIN OLIVA was in the 27 custody of and subject to the control and supervision of 28 Defendants IMM JA14SEN and LYNN JANSEN . LAW OFFICE OF JOHN M.STARR 14GO Washington Blvd. Suite B-]01 Concord, CA 94521 ri a-2•znnn 66 . At the time of the occurrence of the events herein 1 2 alleged on January 19 , 1985 , and prior thereto, Defendants IMM 3 JANSEN and LYNN JANSEN negligently, carelessly , recklessly and 4 improperly controlled and supervised the activities of said 5 KEVIN OLIVA. 6 67 . At all times mentioned herein , Defendants IMM 7 JANSE14 and LYNN JANSEN knew of the dangerous propensities and 8 habits of KEVI14 OLIVA and of his propensity to engage in 9 altercations , and of his association with persons of known 10 criminal propensities and activities and dangerously belligerent 11 nature . 12 68 . At all times mentioned herein , Defendants IMM 13 JANSEN and LYNN JANSEN had the opportunity and ability to 14 control the conduct of KEVIN OLIVA but failed and refused to 15 exercise proper control and supervision of said minor , 16 69 . As a direct and proximate - result of the 17 negligence , failure , and refusal of Defendants IMM JANSEN and 18 LYNN JANSEN , as herein alleged , Defendant KEVIN OLIVA in concert 19 with Defendants DARIN OLIVA, JODELL WILLIAMS , and DOES XXXI 20 through DOE XL, inclusive , did assault and attack Plaintiffs 21 KENNETH REED and JA MLS SHADWICK on January 19 , 1985 , in the 22 Pinole Valley Shopping Center , Contra Costa County, State of 23 California , at the instigation of KEVIN OLIVA and said other 24 defendants and in furtherance of a conspiracy and agreement 25 between them at said time and place shot plaintiffs and each of 26 them with a firearm causing plaintiffs to incur and suffer the 27 injuries and damages herein set forth . 28 WHEREFORE, plaintiffs pray judgment against LAW OFFICE OF JOHN M.STARR 1460 1Ve3hington Blvd. Suite B-101 Concord. CA 9521 14;.J1 6;22080 defendants , and each of them , as follows : 1 1. For general damages in an amount according to 2 3 proof at time of trial ; 2 . For medical expenses in an amount according to 4 5 proof at time of trial ; 3 . For loss of income ; 6 4 . For unsts of suit incurred herein ; 7 8 5. For interest pursuant to law; 9 6 . For exemplary and punitive damages in the sum of 10 $2 , 0001000 . 00 on the Seventh and Eighth Causes of Action ; and 11 7 . For such other and further relief as the court may 12 deem just and proper. 13 DATED: � ���� , 1985 . LAW OFFICE OF JOH14 M. STARR 14 15 16 MIN M. STARR 17 Attorney for Plaintiff 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington ©led. _ 20 _ Suite B-101 Concord. CA 94521 141-5,1 A72-2080 1 LAW OFFICE OF JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorney for Claimant 6 7 8 In re the claim of : ) 9 Claimant : JAMES D. SHADWICK j CLAIM FOR PERSONAL I14JURIES (Government 10 vs . ) Code 59101 j 11 Respondent : STATE OF CALIFORNIA ) j 12 13 TO: THE STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS : 14 You are hereby notified that : JAMES D. SHADWICK, 110 15 O' Rourke , San Pablo, California, claims damages against the 16 State of California in the amount , computed as of the date of 17 presentation of this claim , of $5 , 000 , 000 . 00 . 18 This claim is based on personal injuries sustained by 19 claimant on or about January 19 , 1965 , under the following 20 circumstances : On or before January 19 , 1985 , agents , officers 21 and employees of the Department of Corrections of the State of 22 California and the State of California , negligently , carelessly, 23 recklessly and improperly supervised , managed , directed , and 24 controlled JODELL WILLIAMS , a parolee from the Department of 25 Corrections of the State of California so as to permit JODELE 26 WILLIAMS , a convicted felon , to possess , control , or have acres; 27 to concealable firearms at his place of residence and to carr. 28 said concealable firearm on his person . On the date of Januar. - 1 - 19 , 1965 , at about 7 : 30 p.m . claimant was a pedestrian in th, 1 vicinity of 2772 Pinole valley Road , Pinole , Contra Cost, 2 _ 3 County , California , when claimant was suddenly and unexpectedl: 4 attacked by JODELL WILLIAMS in that JODELL WILLIAMS discharged , 5 concealable firearm at claimant and a bullet from said firear; 6 struck claimant , all of which caused permanent damage and injur 7 to claimant ' s person . 8 Claimant ' s injuries are as far as now known on th 9 date of presentation of this claim : gunshot wound to the skul 10 causing loss of mental function , concussion , scarring , pain 11 sufferring , mental and emotional distress , weakness in arms an 12 legs . 13 The names of the public agents , officers , employees 14 and representatives causing claimant ' s damages and loss are a 15 this time unknown to claimant . °16 The names of the public agents , officers , employees 17 and representatives causing claimant ' s damages and loss are a 18 this time unknown to claimant . 19 The amount claimed , as of the date of presentation c 20 this claim, is computed as follows : 21 Medical and Hospital Expenses $ 50 , 000 . OD ( to date and future estimate ) 22 General Damages $4 , 950 , 000 . 00 23 ( to date and prospective ) 24 Total Claim ( as of date of $5 , 000 , 000 . 00 presentation of this claim) • 25 All notices or other communication with regard to th 26 claim should be sent to JOHN M. STARR, LAW OFFICE OF JOHN 27 STARR, 1460 Washington Boulevard , Suite 6-101 , Concor 28 2 - Calif-orni 94521 , ( 415 ) 672-2080 . rr 1 DATED: April 25 , 1985 . 2 LAW OFFICE OF JOHN M. STARR 3 �OHIY M. STARR 5 Attorney for Claimant 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - 0j; r PROOF OF SERVICE DY MAIL — CCP 1013a, 2015.5 1 I declare that: _ rM� 2 1 am (a resident of/employed in) the county of......i................CQn.t..a.... o.s.t4AIU+G OCCVARDi......•• � - colilomio (COUNi 3 1 am over the age of eighteen years and not a party to the within cause; my (business/residence) address is:..............._..... 4 ,14.60....tJ 5.hi•nc.ton Blvd....,.....Suite B-10], ,C.oncord,....CA.......94521 ...................._._...._.. 5 On .........A.P.z. .1.....2.6.J.....a.9.$.5............................ I served the within ..........Cla.........................................forna.......Z.TI.J.II.X.].C' IOATO 6 ................. on the ...............l...sted pa,rt.Y........_.__................................. 7 in said cause, by placing a true copy thereof enclosed in o sealed envelope with postage thereon fully prepaid, in the 8COnCOrC1 , C 1].ta . ........................ addressed at follow, United States mall at ........................... or. ......................... ..................ni......................... ....... 9 State Board of Control 926 "J" Street, Suite 300 10 Sacramento, CA 95824 11 12 13 14 15 16 17 18 19 20 21 22 23 1 declare under penalty of perjury fhof the foregoing is free and correct, and that this declaration was executed 24 Apr. 1.....2.6.R....1. 8. ................................................. of .............Concorci................................................................. Coliforl IOATO 1pI co 25 26 Lori R. Bisordi ................................................ ................................................ ITYvE�Ori wniNT n:in0 S"�•ruuC ATTORNEYS PRINTING SUPPLY FORM NO. 11•S x C 1 19 , 1985 , at about 7 : 30 p.m . claimant was a pedestrian in the 2 vicinity of 2772 Pinole Valley Road , Pinole , Contra Costa 3 County , California , when claimant was suddenly and unexpectedly 4 attacked by JODELL WILLIAMS in that JODELL WILLIAMS discharged a 5 concealable firearm at claimant and a bullet from said firearm 6 struck claimant , all of which caused permanent damage and injury 7 to claimant ' s person . 8 Claimant ' s injuries are as far as now known on the 9 date of presentation of this claim : Permanent lesion at the T-4 10 spinal location causing permanent paraplegia , scarring , pain , 11 sufferring , mental and emotional distress , medical expenses and 12 future wage loss . 13 The names of the public agents , officers , employees , 14 and representatives causing claimant ' s damages and loss are at 15 this time unknown to claimant . 16 The amount claimed , as of the date of presentation o; 17 this claim, is computed as follows : 18 Medical and Hospital Expenses $ 50 , 000 . 00 ( to date and future estimate ) 19 General Damages $4 , 950 , 000 . 00 20 ( to date and prospective ) 21 Total Claim ( as of date of $5 , 000 , 000 . 00 presentation of this claim) 22 All notices or other communication with regard to thi 23 claim should be sent to JOHN M. STARR, LAW OFFICE OF JOHN 1.1 24 25 26 27 28 - 2 - I LAW OFFICE OF JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorney for Claimant 6 7 8 In re the claim of : ) 9 Claimant : KENNETH D. REED ) CLAIM FOR PERSONAL INJURIES (Government 10 VS . j Code §9101 11 '.Respondent : STATE OF CALIFORNIA ) 12 13 TO: THE STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS : 14 You are hereby notified that : KENNETH D. REED , 2019 15 Murphy Drive , San Pablo , California , claims damages against the :16 State of California in the amount , computed as of the date of 17 presentation of this claim, of $5 , 000 , 000 . 00 . 18 This claim is based on personal injuries sustained by 19 claimant on or about January 19 , 1985 , under the following 20 circumstances : On or before January 19 , 1985 , agents , officers 21 and employees of the Department of Corrections of the State of 22 California and the State of California , negligently, carelessly , 23 recklessly and improperly supervised , man ged , directed , and 24 controlled JODELL WILLIAMS , a parolee from the Department of 25 Corrections of the State of California so as to permit JODELL 26 WILLIAMS , a convicted felon , to possess , control , or have access 27 to concealable firearms at his place of residence and to carr:. 28 said concealable firearm on his person . On the date of Januar:. - 1 - lT 1 STARR, 1460 Washington Boulevard , Suite B-101 , Concord , 2 California , 94521 , ( 415 ) 672-2080 . 3 DATED : April 25 , 1985 . LAW OFFICE OF JOHN M. STARR 4 5 6 ?Atorney M. ST R 7 for Claimant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 - \\ PROOF OF SERVICE BY MAIL - CCP 10130, 2015.5 1 1 declare that: - —, 2 I am (o resident of/employed in) the county of.......................CQ.nIZ.at....C.Q5tA..............................................._.._... Colifomio. ICOVN"WNEAE MAIUMG oCCUAamI 3 1 am over the age of eighteen years and not a party to the within cause; my (business/residence) address is: ................._... 4 .14.60 .t1as•hi,ng.ton B•lvd•.,..•• S9i•te.......B-107, Concord , CA 44521 5 On ...........AP.r .1....2..6.......1.28.5.......................... I served the within .....Gl.clim...fQ.r....P.eS.S.o..aal....Zrij.urie.5_ IDATO 6 _............................................................................................................. on the .......... ....Pr.ky................................................. 7 in said cause, by placing o true copy thereof enclosed in a seated envelope with postage thereon fully prepaid, in the 8 United States mail at ...........................QQn.co•rd.,,..•,c 7l ,f.or•11ia.........................................., ... addressed as follows: ' 9 State- Board of Control 926 "J" Street, Suite 300 . 10 Sacramento, CA 95814 11 12 13 14 15 16 17 18 19 20 21 22 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed 24 Apr....1....26..r.....1985 Concord.........................................................._, Coliforn' ...IOATa............................................• aI ................................ ,... IpV.CD 25 ,7 26 Lori R. Bisordi .................................................................................................................. trYpc OR PnINr NAMO 5SCNA-apc ATTORNEYS PRINTING SUPPLY FORM NO. 11.5 1 LAW OFFICE OFJOIiN M. STARR 2 1460 Washington Boulevard, Suite B-101 - Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorney for Claimant 6 7 8 In re the claim of : ) g Claimant : JAMES D. SHADWICK ) CLAIM FOR PERSONAL INJURIES [Government 10 vs . ) Code §9101 11 Respondent : COUNTY OF CONTRA COSTA) and RICHARD RAINEY, ) i2 SHERIFF OF CONTRA ) COSTA COUNTY ) 13 ) 14 TO: COUNTY OF CONTRA COSTA , and RICHARD RAINEY , SHERIFF OF 15 CONTRA COSTA COUNTY : ? 16 You are hereby notified that : JAMES D. SHADWICK, 11C 17 O' Rourke , San Pablo , California , claims damages against the 18 County of Contra Costa and Sheriff Richard Rainey in:;;the amount , 19 computed as of the date of presentation of this claim, o: 20 5510001000 . 00 . 21 This claim is based on personal injuries sustained b: 22 claimant on or about January 19 , 1985 , under the followin( 23 circumstances : On or before January 19 , 1985 , agents , officer 24 and employees of the Sheriff ' s Department of the County o 25 Contra Costa , negligently, carelessly, recklessly and improperl 26 investigated , Controlled , directed , and maintained record 27 of handgun purchases by residents of Contra Costa County so a 2B to permit JODELL WILLIAMS , a convicted felon , to possess I control , o\r have access to concealable firearms at his place of 2 residence and to carry said concealable firearm on fi-Is person . 3 On the date of January 19 , 1965 , at about 7 : 30 p.m. claimant 4 was a pedestrian in the vicinity of 2772 Pinole Valley Road , 5 Pinole , Contra Costa County , California , when claimant was 6 suddenly and unexpectedly attacked by JODELL WILLIAMS in that 7 JODELL WILLIAMS discharged a concealable firearm at claimant and 8 a bullet from said firearm struck claimant , all of which caused 9 permanent damage and injury to claimant ' s person . 10 Claimant ' s injuries are as far as now known on the 11 date of presentation of this claim : gunshot wound to the skull 12 causing loss of mental function , concussion , scarring , pain , 13 sufferring , mental and emotional distress , weakness in arms and 14 legs . 15 The names of the public agents , officers , employees , .16 and representatives causing claimant ' s damages and loss are at 17 this time unknown to claimant . 1g The names of the public agents , officers , employees , 19 and representatives causing claimant ' s damages and loss are at 20 this time unknown to claimant . 21 The amount claimed , as of the date of presentation o: 22 this claim, is computed as follows : 23 Medical and Hospital Expenses $ 50 , 000 . 00 ( to date and future estimate ) 24 General Damages $4 , 950 , 000 . 00 25 ( to date and prospective ) 26 Total Claim ( as of date of $5 , 000 , 000 . 00 presentation of this claim) 27 All notices or other communication with regard to thi 28 claim should be sent to JOHN M. STARR, LAW OFFICE OF JOHN M 2 1 STARR, 1460 Washington Boulevard , Suite B-101 , Concord , 2 California , 94521, ( 415 ) 672-2080 . 3 DATED : April 25 , 1985 . 4 LAW OFFICE OF JOHN M. STARR 5 I 6 :l i of M. STMIR 7 A of for Claimant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - PROOF OF SERVICE BY MAI' - CCP 10130, 2015.5 1 1 declare that: _ 2 1 am (a resident of/employed in the county of.......................C.Q.n..tra....Q.QSt.a........................................................ Colifomi • 'COUNTY WNEAE MAILING OCCURNCOI 3 1 am over the age of eighteen years and not a party to the within cause; my (business/residence) address is..................... 4 ,I4,140,,,,teashi.n,gton..Blvd,.,x.....Sui.te B-10.1e..,Concord.I.•,,.CA 9.4521........................... 5 On ......AP,.r, 1...26 c....19.85........................ I served the within ........Claim....for...P.ersona.1... n.1U.i .7.e DMO 6 .......................................................... an the ............list.ed P..a.r.tY....................................... _... 7 in said cause, by placing o true copy thereof enclosed in o sealed envelope with postage thereon fully prepaid,in tf B 1 United Stoles moil at ...........................CPn.co.rci r C 7.l i.f(...r ll i a....................................................... addressed as follow ........0 .... 9 Board of Supervisors County of Contra Costa . 10 651 Pine Street Martinez , CA, 94553 1I . 12 13 14 15 16 17 18 19 20 21 22 I 23 1 declare under penolly of perjvry thot the foregoing is true and correct, and that this declaration wos execute 24 Aprjj..... a ...........concord . . i5.;p.................. ....................I.,..4....0..o...................... ;.................._I COWC 25 26 Lori R. Bisordi t �� G ........................................................................ ....................................... r. ITYPE OR PAINT NAM.. S';NA:LRE ATTORNEYS PRINTING SUPPt.Y FORM NO. 11-S •N. JANUARY 1973 I LAW OFFICE OF JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorneyfor Claimant 6 7 g in re the claim of : ) g Claimant : KENNETH D. REED ) CLAIM FOR PERSONAL j INJURIES (Government 10 vs . ) Code §9101 ) 11 Respondent : COUNTY OF C014TRA COSTA) and RICHARD RAINEY, ) 12 SHERIFF OF CONTRA ) COSTA COUNTY ) 13 ) 14 TO: TETE COUNTY OF CONTRA COSTA, AND RICHARD RAINEY , SHERIFF OF 15 '. CONTRA COSTA COUNTY : 16 You are hereby notified that : KENNETH D. REED , 2019 17 Murphy Drive , San Pablo , California , claims damages against the 18 County of Contra Costa and Sheriff Richard Rainey in the amount , 19 computed as of the date of presentation of this claim, of 20 $51000 , 000 . 00 . 21 This claim is based on personal injuries sustained by 22 claimant on or about January 19 , 1985 , under the following 23 circumstances : On or before January 19 , 1985 , agents , officers 24 and employees of the Sheriff ' s Department of the County of 25 Contra Costa , negligently , carelessly, recklessly and improperly 26 investigated , controiled , directed , and maintained records of 27 handgun purchases by residents of Contra Costa County so as to 28 permit JODELL WILLIAMS , a convicted felon , to possess , control , <, 1 or have access to conc alable firearms at his place of residence 2 and to carry said concealable _ firearm on his person . On the 3 date of January 19 , 1985 , at about 7 : 30 p.m . claimant was a 4 pedestrian in the vicinity of 2772 Pinole Valley Road , Pinole , 5 Contra Costa County , California , when claimant was su-.>denly and 6 unexpectedly attacked by JODELL WILLIAMS in that JODELL WILLIAMS 7 discharged a concealable firearm at claimant and a bullet from 8 said firearm struck claimant , all of which caused permanent 9 damage and injury to claimant ' s person . '10 Claimant ' s injuries are as far as now known on the 11 date of presentation of this claim: Permanent lesion at the . T-4 12 spinal location causing permanent paraplegia, scarring , pain , 13 sufferring , mental and emotional distress , medical expenses and 14 future wage loss . 15 The names of the public agents , officers, employees , 16 and representatives causing claimant ' s damages and loss are at 17 this time unknown to claimant . 18 The amount claimed , as of the date of presentation of 19 this claim , is computed as follows : 20 Medical and Hospital Expenses $ 50 , 000 . 00 ( to date and future estimate ) 21 General Damages $4 , 950 , 000 . 00 22 ( to date and prospective ) 23 Total Claim ( as of date of $5 , 000 , 000 . 00 24 presentation of this claim) All notices or other communication with regard to this 25 26 claim should be sent to JOHN M. STARR, LAW OFFICE OF JOHN M. 27 STARR, 1460 Washington Boulevard , Suite B-101 , Concord , 28 2 - I California , 94521 , ( 415 ) 672-2080 . 2 DATED: April 25 , 1985 . 3 LAW OFFICE OF JOHN M. STARR 4 M. STARR Gl g (jAtrney for Claimant 7 8 9 10 11 12 I3 14 15 1.6 17 18 19 20 21 22 23 24 25 26 27 28 3 - 4 PROOF OF SERVICF BY MAIL — CCP 10139, 2015.5 I I declare that: 2 1 am (a resident of/employed in) the county of.......................Cont r a....cps.t.A................ ....................................... californ !COUNTY W.CRE 3 1 am over the age of eighteen years and not a party to the within cause: my (business/residence) address ;s: ................. 4 .....Bl.v.d......r_...py.i..t.c.......8-101. Concord ,....-C.A..... 94521 ..............�I................... 5 on ............��p i 1....2 6.1�..... .............. ....... ......... I served the within ........Claim...for....P.e.rs.orial....In.j.ur±c oAro 6 .............................................................................................................. on the ...............l a,t.ed...p.ar.ty......................................... 7 in said cause, by pfocing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in f 8 United Stoles moil at ........................... ....................................................... addressed at follo, 9 Board of Supervisors . 10 County of Contra Costa 651 Pine Street 11 Martinez , CA 94553 12 13 14 15 16 17 18 19 20 21 22 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was execul 24 Apri.l....2 .1.....��.95..................................................... .....6of .............. ................................................................. Col;1 (CATO IPLACO 25 117 26 Lori R. Bisordi0�0 .................................................................................................................. (rYPC CA PnINT NAMO ATTORNEYS PRINTING SUPPLY FORM NO. 11-S XrV. JANVARY 1973 VERIFICATION 1 I declare that I am -the plaintiff in the within 2 action . I have read the foregoing Complaint for Damages and 3 know the contents thereof . The same is true of my own 4 knowledge , except as to those matters which are therein stated 5 upon my information or belief, and as to those matters , I 6 believe them to be true . 7 I declare under penalty of perjury that the foregoing 8 is true and correct and that this verification was exe-euted on 9 November DI, 1985 , at �,�+, v , ;l`'re,l, , �; � California . 10 11 l 12 KENNETH REE 13 14 15, 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. Suite B•101 Concord. CA 94521 11;1 F7?.9nm VERIFICATION 1 I declare that I am the plaintiff in the within 2 3 action . I have read the foregoing Complaint for Damages and know the contents thereof . The same is true of my own 4 knowledge , except as to those matters which are therein stated 5 6 upon my information or belief , and . as to those hatters , I believe them to be true . 7 8 I declare under penalty of perjury that the foregoing is truer and correct and that this verification was executed on 9 November 1985 , atcz2al, California . 10 11 12 MES SHA .4 CK 13 14 15, 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. Suite H-101 Concord, CA 94521 1 PROOF OF SERVICE BY MAIL 2 I , the undersigned, declare: 3 I am a citizen of the United States employed in the County 4 of Alameda, State of California. I am over the age of 18 years and 5 am not a ;party to the within cause. My business address is 200 6 Webster Street, Suite 200 , Oakland, California 94607 . I served the 7 foregoing 8 CLAIM FOR DAMAGES (GOV. CODE §910) 9 10 on interested parties herein by placing a true and correct copy 11 thereof in the United States mail at Oakland, California, sealed in 12 an envelope with postage thereon, fully prepaid, addressed as 13 follows: 14 Board of Supervisors County of Contra Costa 15 651 Pine Street Martinez , CA 94553 16 17 18 19 20 21 22 23 24 I declare the foregoing to be true and correct under penalty 25 of perjury. 26 Executed this 23rd day of May , 1986 , at 27 Oakland, California. 28 THE LAW OFFICES OF Ali sO A KINCAID. GIANUNZIO, CAUDLE & HUBERT CHARLEN J. FOST A PROFESSIONAL CORPORATION -0 WEBSTER STREET OAKLAND.CA 9a 7-3789 (415)465.5212 _ -- _----------- - n _ .. A/S JUN 3 1986 MS or CM-A Ct, 20 Q.tIl�M June 24; 1985' Clain Against tee County, Cr bis�sct �+�oe�""'i�«! to is P' foveated by the Board Of Supervi sotiae Of the action taken as your elms by tae foutina grdorsaments, and Board sors {1P� IT$ baloer)t Action, all section references ars moven °tr, to c�c�ez�me�t ties aatian IM3 to caiitocnia GoverrsDeat Codes5 t, tlsase opts ent all *itaesiobd". Claimants Imm Jansen & Lynn Jansen- (Sheriff Rainey) (281516 Attorrsssys John P. Caudle 1(y Kincaid, Gianunzio, Caudle & Hubert Address 200 Webster St. , Ste . 200 MAY +' Oakland, CA 94604-0828ft delivery clerk on 2 �98s Amounts Unspecified bate pecsiveds May 27, 1986 jBy sa119 postmarked cn may 23...?.��..._..-..� = erk he Domard o Supe sor" t Y Attached is a copy of the above-noted Claim* • 1daWs May 28, 1986_IM PATCHEWR, Clerk, SY-'CT K ovule s s —County CCAM = Clarkhors (Check only one) nCD leis claim aamplses Substantially with 8ectioaa Sao and 9la92. D ado notifying mane.comply Substantially o n=t act!fcoir 155 d days (.'Se�ctiCM 910. we am ( D d � timely ngfe ' tilty olground that it ln late and ►dfiled, imant &rght return ea t was claim (section Sl1.3). t D otear's bated: , HY= Duty ty It2. > s • erk ad tee Hoard 1o: (1) Co�snty Ccuuel, (2) County AdministMtar r ( ' Maim was returned as untisely with notice to claimant (Section 9xleVe IY. �aItRA GRI�FR By a%animous sate Of Supervisors present ( lhia claim is rejeoted in tuu* ( D other: oertiry ttlet, this is a true correct copy of the Board's biWr Ea is slits t ` this date. (� f/ Dateds �U�M 4 19$6 !"fiIL 1ldlTARr Clerkr H9 _if �/GL� . oe3y Clark 1[/1MM (Gov. Code 3eetian SM s+bject to oa taro exoeptianss YOU have only six (6) scntes Aram the date of tela notice was pw'e nLUy served our deposited in the sail to lila a count aatian on this alais. Sea Goverwant Code Section 415.6. You may seek Ube sdvioo of on att may of yoga oep10e in 00900 Ice with tats tuattar. If you want to consult an atton►eyg ycu should do so iseoediately. B. !!ICN: Clerk of the Hoard IN (1) ownty Couwselt (2) CMMty Administrator Atta*jod are copies cot the above plain. We notified the claimant of the Ibardte action on this claim ft sailing a copy of this domment, and a nems thereof has been filed and endorsed an the *wad's appy of this Claim in woordanoe with Section 297030 ( DA , innof clrais'antla right to apply ft r 1M t a .ate class ow saiud to VATID_.111 -q 0 MPi — T$IL biTOELOR, Clark, 9y ftPuty Mark ;> THE LAW OFFICES OF DONALD H KINCAID VICTOR ) GIANUN?s0 KINCAID, GIANUNZIO, CAUDLE & HUBERT JOHN P CAUDLE GARRYJ.D HUBERT A PROFESSIONAL CORPORATION TELEPHONE PATRICK J HAGAN ELIOT R HUDSON 200 WEBSTER STREET (415) 465-5212 THOMAS F CASTLE GREGORY MICHAFL DOYLE OAKLAND, CALIFORNIA MAILING ADDRESS MICHAEL F WELCH EDWARD M PRICE P.O. Box 1828 CURT;S A CANFIELD Oakland. CA SHAWN M THROWS BARBARA J MASSEY 94604-0828 BERTA H SCHWEINSERGER LAURA D CASON E JANE WELLS DEANNE B POUTED TERRY J TRAKTMA'N STEPHEN C BURTON HOWARD A SHIROIdA DENNIS L BELCOURT WARRENT WOO BRIAN N ZANZE May 22 , 1986 DEBRA A CHAUM DAVID R DUNKIRK STEVEN E MCDONALD ROSS M MELTZER Clerk Contra Costa Board of Supervisors 651 Pine Street Martinez , California 94553 Re: Claims of I,mm Jansen and Lynn Jansen against the County of Contra Costa and against Richard Rainey, Sheriff Our File No. SF08028 Dear Clerk: Enclosed herein are original and one copy of : 1. Claim of Imm Jansen and Lynn Jansen against the County of Contra Costa resulting from Complaint of Kenneth Reed and James Shadwick; 2 . Claim of the Jansens against the Sheriff of Contra Costa resulting from the Complaint of Kenneth Reed and James Shadwick; 3 . Claim of the Jansens against the County of Contra Costa resulting from the Complaint of Lonnie Stark; and 4 . Claim of the Jansens against the Sheriff of Contra Costa County resulting from the Complaint of Lonnie Stark. Clerk j Contra Costa Board of Supervisors May 22 , 1986 Page Two Please file these claims and return the conformed copy to us in the self-addressed, stamped envelope which is also enclosed. Very truly yours, KINCAID, GIANUNZIO, CAUDLE & HUBERT HOWARD H. SHIROMA HHS:cjf Enclosure (s) I I John P. Caudle, Esq. Howard H. Shiroma, Esq. 2 KINCAID, GIANUNZIO, CAUDLE & HUBERT A Professional Corporation 3 200 Webster Street, Suite 200 Post Office Box 1828 4 Oakland, California 94604-0828 Telephone: (415) 465-5212 5 Attorneys for Defendants 6 IMM JANSEN and LYNN JANSEN 7 ffMA7Y '-Y' a S 9 oHu TCH1�0t" BC�LK O UVERV ORS TR Up F1Vf 10UW 11 In Re The Claim of 12 IMM JANSEN and LYNN JANSEN, CLAIM FOR DAMAGES 13 vs. (Govt. Code §910) 14 COUNTY OF CONTRA COSTA and RICHARD RAINEY, Sheriff of Contra Costa 15 County, 16 Respondents. 17 TO: CONTRA COSTA COUNTY AND RICHARD RAINEY, SHERIFF 18 OF CONTRA COSTA COUNTY 19 The undersigned present this claim for damages on 20 behalf of Imm Jansen and Lynn Jansen pursuant to Government Code 21 Section 910 and provides the following information: 22 1. The name and address of claimants: 23 Imm Jansen and Lynn Jansen 901 North Rancho Road 24 E1 Sobrante, CA 94803 2 . Address to which claimant desires notices to 25 be sent: 26 John P. Caudle, Esq. 27 Kincaid, Gianunzio, Caudle & Hubert Post Office Box 1828 28 Oakland, CA 94604-0828 THE LAW OFFICES OF INCAID, GIANUNZIO, CAUDLE @ HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET AKLAND.CA 94W7-3789 1 3 . The date and place of occurrence giving rise to 2 this claim is: 3 January 19, 1985, at about 7: 30 p.m. in the 4 vicinity of 2772 Pinole Valley Road, Pinole, Contra Costa 5 County, California. 6 4 . The date of occurrence giving rise to this claim is 7 April 3 , 1986, the date upon which the Complaint and Notice of 8 Acknowledgment of Receipt were served on claimants. Information 9 regarding the complaint is as follows: Lonnie H. Stark vs. 10 State of California, County of Contra Costa, Richard Rainey, 11 Sheriff of the County of Contra Costa, H. S. Hodge Corporation, 12 a California corporation, Technical Equities Corporation, a 13 California corporation, individually and dba Red Vest Pizza 14 parlor, Red Vest Pizza Parlor, Jodell Williams, Sharon Williams, 15 Darin Oliva, Kevin Oliva, Imm Jansen, Lynn Jansen, The Traders, 16 and Does I through C, inclusive. 17 5. The circumstances giving rise to this claim are as 18 follows: 19 On or about January 19 1985, plaintiff Lonnie Stark 20 was shot and injured by defendant Jodell Williams in the County 21 of Contra Costa, State of California. Through the negligence of 22 the agents, officers and employees of the Sheriff' s Department 23 of the County of Contra Costa, Jodell Williams was permitted to 24 purchase a concealable firearm with which he shot plaintiffs. 25 On January 19, 1985, Jodell Williams was in the company 26 of Sharon Williams, Darin Oliva and Kevin Oliva who allegedly 27 28 THE LAW OFFICES OF MNCAID, GIANUNZIO. CAUDLE 8 HUBERT A'PROFESSIONAL CORPORATION 200 WEBSTER STREET JAKLAND.CA 9 7.3789 (115)485-5212 3 t 1 conspired and aided and abetted Jodell Williams in the acts 2 alleged above. As a result claimants Imm Jansen and Lynn Jansen 3 the parents of Darin Oliva and Kevin Oliva have been sued for 4 the negligent supervision of Kevin Oliva who was a minor at the 5 time of the incident. A copy of the complaint is attached. 6 6. Lonnie Stark is alleging special, general and 7 punitive damages as a result of the incident. Claimant seeks an 8 apportionment of fault and equitable indemnity for these 9 damages. Said complaint was served on this defendant on or about 10 April 4 , 1986 . DATED: May 15, 1986. 11 KINCAID, GIANUNZIO, CAUDLE & HUBERT 12 D 13 By: 14 HOWARD H. SHIROMA 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE LAW OFFICES OF KINCAID, GIANUNZIO, CAUDLE 9 HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET OAKLANO.CA 94607-3708 (415)465-5212 I LAW OFFICE of JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 , 3 Telephone: (415) 672-2080 D 4 JAN 17 198G 5 Attorney for Plaintiff J. R. OLSSON, County Clerk 6 CONTRA COSTA COUNTY By G. Tamura, Deputy 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 LONNIE H. STARK, ) 11 Plaintiff , ) NO. 281516 ) 12 vs . ) COMPLAINT FOR DAMAGES t3 STATE OF CALIFORNIA, COUNTY OF) CONTRA COSTA, RICHARD RAINEY, ) 14 Sheriff of the County of ) Contra Costa , H. S. HODGE ) 15 CORPORATION, a California ) corporation , TECHNICAL ) 18 EQUITIES CORPORATION , ) a California corporation , ) 17 individually and dba RED VEST ) PIZZA PARLOR, RED VEST PIZZA ) 18 PARLOR, JODELL WILLIAMS , ) SHARON WILLIAMS , DARIN OLIVA, ) 19 KEVIN OLIVA, IMM JANSEN, ) LYNN JANSEN , THE TRADERS , ) 20 and DOES I through C. ) inclusive , ) 21 ) Defendants . ) 22 ) 23 Plaintiff LCNNIE H. STARK for cause of action against 24 defendants above-named and each of them alleges : 25 GENERAL ALLEGATIONS 26 1 . Defendant STATE OF CALIFORNIA is , and at all times 27 mentioned herein was, a sovereign state of the United States of Y6 America . - 1 - 1 2. The Department of Corrections is , and at all times 2 mentioned herein was, an agency of the STATE OF CALIFORNIA, duly 3 organized and existing as a department thereof under the laws of 4 the STATE OF CALIFORNIA. The Department of Corrections is 5 charged by law with the duty and responsibility of 6 supervising , managing , directing , and controlling convicted 7 felons who are on parole in order to prevent violation of the 8 law by such parolees and for the protection of the public . 9 3 . The DEPARTMENT OF JUSTICE is , and at all times 10 mentioned herein was , an agency of the STATE OF CALIFORNIA, duly 11 organized and existing as a department thereof under the laws of 12 the STATE OF CALIFORNIA. The DEPARTMENT OF JUSTICE is charged 13 by law with the duty and responsibility of administering the 14 laws of the STATE OF CALIFORNIA relating to firearms capable of 15 being concealed upon the person for the purpose of preventing 16 the purchase or possession of concealable firearms by persons 17 prohibited by law from purchasing or possessing such firearms 18 and for the protection of the public . 19 4 . Plaintiff is informed and believes and thereon 20 alleges that at all times mentioned herein each of the 21 individual defendants sued herein as DOES I through DOE V, 22 inclusive , was an officer or employee of the DEPARTMENT OF 23 CORRECTIO14S and in such opacity was an agent of Defendant STATE 24 OF CALIFORNIA, and was at all such times acting within the 25 purpose and scope of such agency and employment . 28 5. Plaintiff is informed and believes and thereon 27 alleges that at all times mentioned herein each of the 28 individual defendants sued herein as DOES VI through DOE X, LAW OFFICE OF JOHN KSTARR 1460 Washington Blvd. _ 2 Suits B•101 Concord, CA 94521 ,.lei Cte.onan COW inclusive , was an officer or employee of the DEPARTMENT OF 1 2 JUSTICE, and in such capacity was an agent of Defendant STATE OF 9 CALIFORNIA and was at all such times acting within the purpose 4 and scope of such agency and employment . 5 6 . Defendant COUNTY OF CONTRA COSTA is , an-"-. at all 6 times mentioned herein was , a public entity, a county duly 7 organized and existing under the laws of the STATE OF 8 CALIFORNIA. 9 7 . Defendant RICHARD RAINEY is , and at all times 10 mentioned herein was , the duly elected , qualified , and acting 11 Sheriff of the COUNTY OF CONTRA COSTA, and at all times 12 mentioned herein was acting within his official capacity and in 13 furtherance of his duties and responsibilities as such public 14 officer . Defendant RICHARD RAINEY as Sheriff of CONTRA COSTA 15 COUNTY is charged by law with the duty and responsibility of 16 administering the laws of the STATE OF CALIFORNIA for the 17 purpose of preventing the purchase or possession of concealable 18 firearms within the county by persons who are prohibited by law 19 from purchasing or possessing such firearms and for the 20 protection of the public . 21 8 . Plaintiff is informed and believes and thereon 22 alleges that at all times mentioned herein each of the 23 individual defendants sued herein as DOES XI through DOE XV, 24 inclusive , was an officer or employee of the Sheriff' s 25 Department of the COUNTY OF CONTRA COSTA and in such capacity 26 was an agent of Defendant COUNTY OF CONTRA COSTA and of 27 Defendant RICHARD . RAINEY, Sheriff, and was at all such times 28 acting within the purpose and scope of such agency and LAW OFFICE OF JOHN M.STARR 1150 Washington Blvd. _ 3 _ Suitt B•101 Concord. CA 94521 employment . 1 9 . Defendant H. S. HODGE CORPORATION is , and at all 2 times mentioned herein was, a corporation duly organized and 3 4 existing under the laws of the State of California , and at all 5 times mentioned herein was the owner of and in possession and 6 control of that certain premises located in the City of Pinole , 7 County of Contra Costa , known as the Pinole Valley Shopping 8 Center located at and in the vicinity of 2772 Pinole Valley Road 9 and particularly the parking and pedestrian areas of said 10 shopping center . 10 . Plaintiff is informed and believes and thereon 12 alleges that at all times mentioned herein each of the 13 individual defendants sued herein as DOES XVI through XX, 14 inclusive , was an officer or employee of Defendant H. S. BODGE 15 CORPORATION, and in such capacity an agent of said Defendant H. 16 S. HODGE CORPORATION, and at all such times was acting within 17 the purpose and scope of such agency and employment . 18 11 . Defendant TECHNICAL EQUITIES CORPORATION at all 19 times mentioned herein was and now is a corporation duly 20 organized and existing under the laws of the STATE OF 21 CALIFORNIA. 22 12 . Plaintiff is informed and believes and thereon 23 alleges that Defendant TECIINICAL EQUITIES CORPORATION is, and at 24 all times mentioned was , doing business as RED VEST PI:::.:A PARLOR 25 and at all times mentioned herein was the lessee and in 26 possession of certain premises located at or in the vicinity of 27 2772 Pinole Valley Road in Pinole , Contra Costa County, 28 California . LAW OFFICE OF JOHN M.STARR 1160 Washington Blvd. _ 4 Suits B•101 Concord,CA 91521 11-k, I.,nn" 4 13 . Plaintiff is informed and believes , and thereon . 1 alleges that Defendant RED VEST PIZZA PARLOR at all times 2 mentioned herein was and now is doing business under the 3 fictitious name of RED VEST PIZZA PARLOR and at all times 4 mentioned herein operated a business located at 2772 Pinole 5 Valley Road , Pinole, Contra Costa County, California , under 6 said name of RED VEST PIZZA PARLOR. Plaintiff is informed and 7 8 believes and thereon alleges that RED VEST PIZZA PARLOR at all times mentioned herein was and now is owned and under the 9 control of Defendant TECHNICAL EQUITIES CORPORATION, a 10 11 California corporation . 14 . Plaintiff is informed and believes and thereon 12 13 alleges that at all times mentioned herein each of the individual defendants sued herein as DOES XXI through DOE XXV, 14 15 inclusive , was an officer or employee of Defendant RED VEST PIZZA PARLOR and of Defendant TECHNICAL EQUITIES CORPORATION and 16 17 in such capacity an agent of RED VEST PIZZA PARLOR and of 18 TECHNICAL EQUITIES CORPORATION , and at all such times was acting 19 within the purpose and scope of such agency and employment . 20 15 . Plaintiff is without knowledge of the true name 21 and capacity of the defendant sued herein under the name of THE 22 TRADERS and whether said named defendant is a corporation , 23 partnership, individual , or other legal entity, and therefore 24 sues said defendant by such fictitious name . Plaintiff will 25 amend this complaint to allege such defendant ' s true name and 26 capacity when ascertained . i 16 . Plaintiff is informed and believes and thereon 27 28 alleges that at all times mentioned herein each of the LAW OFFICE OF JOHN M.STARR 1160 Washington Blvd. _ 5 Suite B•101 Concord CA 94521 individual defendants sued herein as DOES XXVI through DOE XXX , 1 inclusive , was an officer or employee of Defendant THE TRADERS 2 and in such capacity an agent of THE TRADERS , and at all such 3 times was acting within the purpose and scope of such agency and 4 5 employment . 17 . Plaintiff is without knowledge of the true names 6 7 and capacities of defendants sued herein as DOES I through DOE C, inclusive , and therefore sue these defendants by such 8 fictitious names and that all of the defendants herein are the 9 10 agents of themselves and each other . Plaintiff will amend this 11 complaint to allege their true names and capacities when ascertained . Plaintiff is informed and believes and thereon 12 13 alleges that each of the defendants designated as DOES I through 14 DOE C is negligently or intentionally responsible in some manner 15 for the occurrences herein alleged , and thereby proximately 16 caused injuries and damages to the plaintiff as herein alleged . 17 FIRST CAUSE OF ACTION (NEGLIGENCE) 18 18 . Plaintiff incorporates by reference and realleges 19 Paragraphs 11 2 , 3 , 4 , 5 , and 16 . 20 19 . Prior to and on January 19 , 1985 , Defendant STATE 21 OF CALIFORNIA acting by and through the DEPARTMENT OF 22 CORRECTIONS and the DEPARTMENT OF JUSTICE, and its officers , 23 employees , and agents , DOES I through DOE X, inclusive , 24 negligently, carelessly, recklessly, and improperly su' ervised , 25 managed , directed and controlled Defendant JODELL WILLIAMS, a 26 convicted felon and parolee under the parole supervision of the 27 DEPARTMENT OF CORRECTIONS so as to allow and permit said JODELL 28 WILLIAMS to purchase a concealable firearm and to possess , LAW OFFICE OF JOHN M.STARR 1160 Washington Blvd. 6 _ Suite B•101 Concord CA 91521 .... f..^nen 1 control , and have access to a concealable firearm at his place 1 of residence and to carry saiu concealable firearm on his person 2 in violation of the laws of the State of California . 3 20 : Prior to and on January 19 , 1985 , Defendant STATE 4 OF CALIFORNIA acting by and through the DEPARTMENT OF JUSTICE 5 and the DEPARTMENT OF CORRECTIONS and its officers, employees 6 and agents , DOES I through DOE X, inclusive , negligently, 7 carelessly, recklessly and improperly administered the laws of 8 the STATE OF CALIFORNIA relating to the purchase , ownership, 9 possession , and control of concealable firearms and negligently 10 failed to employ available funds , equipment , and personnel to 11 administer said laws properly and as a result thereof did allow 12 and permit Defendant JCDELL WILLIAMS to purchase , possess, 13 control , and have access to a concealable firearm at his place 14 of resilience and to carry said concealable firearm on his person 15 in violation of the laws of the State of California . 16 21 . Said negligence , carelessness , recklessness and 17 improper acts as above alleged were the result of the 18 performance an6 nonperformance by the officers , employees and 19 agents of the DEPARTMENT OF CORRECTIONS and the DEPARTMENT OF 20 JUS'T'ICE of mandatory and ministerial duties and responsibilities 21 in administering and enforcing the laws of the State of 22 California relating to supervision of parolees and the purchase , 23 ownership, and possession of concealable firearms . 24 22 . As a direct and proximate result of the 25 negligence , carelessness, recklessness , and improper acts of 26 Defendant STATE OF , CALIFORNIA and its officers , employees, and 27 agents as herein alleged , Defendant JGDELL WILLIAMS did on 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. Suite B•101 Concord, CA 94521 ,,,A, cii.*^an January 19 , 1935 , in the County of Contra Costa , State of 1 `= California , shoot and injure Plaintiff LONNIE H. STAR with a 2 concealable firearm then being carried by JOLELL WILLIAMS upon 3 his person in violation of law whereby plaintiff suffered the 4 injuries and damages as herein alleged . 5 23 . As a direct and proximate result of the 6 negligence , carelessness , recklessness , and improper acts, 7 intentional or otherwise , each and all of the defendants herein 8 named , acting individually or collectively, alone or in concert , 9 and their officers , employees , and agents as herein alleged , 10 Plaintiff LONNIE H. STARK was injured in his health , strength , 11 and activity, sustaining injury to his nervous system and 12 person , all of which injuries have caused and continue to cause 13 plaintiff great physical , mental and nervous pain and suffering . 14 Such injuries have resulted in permanent disability to 15 plaintiff, physically and mentally. As a result of such 16 injuries , plaintiff has suffered general damages in an .amount 17 according to proof. 18 24 . As a further direct and proximate result of the 19 negligence , carelessness, recklessness and improper acts, 20 intentional and otherwise , of each and all of the defendants 21 herein named , acting individually or collectively, alone or in 22 concert , and their officers , employees , and agents as herein 23 24 alleged , Plaintiff LONNIE H. STARK has been required to spend 25 money and to incur obligations , and will continue to be required 28 to expend money and incur obligations for medical services, 27 therapy, rehabilitation , drugs and other sundry expenses 28 required in treatment and relief of the injuries herein alleged LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — Suite B-101 Concord. CA 94521 141M A72.2na0 C-7, 0. 1 and plaintiff has been damaged thereby in an amount according to 2 proof. 3 25 . As a further direct and proximate result of the 4 negligence , carelessness , recklessness and improper acts , 5 intentional and otherwise , of each and all of the defendants 6 herein named , acting individually or collectively, alone or in 7 concert , and their officers , employees , and agents as herein 8 alleged , Plaintiff LONNIE H . STARK has been damaged by loss of 9 wages , income , and earning capacity in an amount according to 10 proof , and plaintiff will in the future and for an indefinite 11 period suffer a loss of earning capacity , wages and income in an 12 amount according to proof . 13 26 . On or about December 19 , 1985 , plaintiff presented 14 to the STATE OF CALIFORNIA by mailing to the State Board of 15 Control , an application to file late claim and a claim for the 16 injuries , disability, losses and damages suffered and , incurred 17 by him by reason of the above-described occurrence , all in 18 compliance with the requirements of 5§900 - 915 . 4 of the 19 Government Code . Copies of said application and claim are 20 attached hereto as Exhibits "A" and "B" and made a part hereof. 21 27 . At time of filing this complaint the STATE OF 22 CALIFORNIA has under consideration said application and claim 23 and has not acted thereon . 24 WHEREFORE, plaintiff prays relief as hereinafter set 25 forth . 26 SECOND CAUSE OF ACTION (NEGLIGENCE) 27 28 . Plaintiff incorporates by reference and realleges P8 Paragraphs 6 , 71 8 , 16 , 23 , 24 , and 25 as though fully set forth LAW OFFICE OF JOHN M.STARR 1160 Washington Blvd. _ 9 _ Suite B•101 Concord.CA 91521 n a c+e.enon herein . 1 29 . Prior to and on "January 19 , 1985 , Defendants 2 COUNTY OF CONTRA COSTA and RICHARD RAINEY, Sheriff , and---DOES XI 3 through DOE XV, inclusive , negligently, carelessly, recklessly, 4 and improperly administered the laws of the State of California 5 relating to the purchase , ownership, possession , and control of 6 concealable firearms within the county and negligently failed to 7 employ available funds , equipment and personnel to administer 8 said laws properly, and as a result thereof did allow and permit 9 Defendant JODELL WILLIAMS to purchase , possess, control and have 10 access to a concealable firearm at his place of residence and to 11 carry said concealable firearm on his person in violation of the 12 laws of the State of California . 13 30 . Said negligence , carelessness , recklessness and 14 improper acts as above alleged were the result of the 15, performance and nonperformance by the officers , employees, and 16 agents of the COUNTY OF CONTRA COSTA, and RICHARD RAINEY, 17 Sheriff , of mandatory and ministerial duties and 18 19 responsibilities in administering and enforcing the laws of the 20 State of California relating to the purchase , ownership, and 21 possession of concealable firearms . 22 31 . As a direct and proximate result of the negligence , carelessness , recklessness, and improper acts of 23 24 Defendants COUNTY OF CONTRA COSTA and RICHARD RAINEY , Sheriff , 25 and their officers , employees , and agents as herein alleged , 26 Defendant JODELL WILLIAMS did on January 19 , 1985 , in the 27 County of Contra Costa , State of California , shoot and injure 28 Plaintiff LONNIE 11. STARK with a concealable firearm then being LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 10 — Suite B-101 Concord. CA 94521 C p� 1 carried by JODELL WILLIAMS upon his person in violation of law 2 whereby plaintiff suffered the injuries and damages as herein 3 alleged . 4 32 . On or about December 19 , 1985 , plaintiff presented 5 to the COUNTY OF CONTRA COSTA by mailing to the Board of 6 Supervisors of the County of Contra Costa an application 7 to file late claim and a claim for the injuries , disability, 8 losses and damages suffered and incurred by him by reason of the 9 above-described occurrence , all in compliance with the 10 provisions of 55900 - 915 . 4 of the Government Code . Copies of 11 said application and claim arc attached hereto as Exhibits "C" 12 and "D" and made a part hereof . 13 33 . On January 16 , 1986 , the Board of Supervisors of 14 the County of Contra Costa denied the application to file late 15 claim . Copy of said notice is attached hereto as Exhibit " E" 16 and made a part hereof . 17 WHEREFORE, plaintiff prays relief as hereinafter set 18 forth . 19 THIRD CAUSE OF ACTION (NEGLIGENCE) 20 34 . Plaintiff incorporates by reference and realleges 21 Paragraphs 9 , 10 , 23 , 24 , and 25 as thougn fully set forth 22 herein . 23 35 . At all tines mentioned herein Defendants H. S. 24 HODGE CORPOPATION and DOES XVI through DCE XX , inclusive , 25 negligently, carelessly and recklessly failed to provide 26 security and supervisory personnel in the Pinole Valley Shopping 27 Center and in the parking and pedestrian areas of said shopping 28 LAW OFFICE OF center , and failed to provide adequate lighting and other JOHN M.STARR 1160 Washington Blvd. Suite B•101 Concord. CA 91521 — 11 u 1 si a72.2nRo security and safety precautions in said areas . t 36 . At all times mentioned herein Defendants H. S. 2 HODGE CORPORATION and DOES XVI through DOE XX, inclusive , had -- 3 knowledge of and were aware that said shopping center was unsafe 4 by reason of the fact that it was frequented by persons of a 5 quarrelsome and dangerously belligerent nature . 6 7 37 . On January 19 , 1985 , plaintiff was on said premises as a business visitor and invitee for the mutual 8 benefit of himself and Defendant H. S. HODGE CORPORATION and its 9 10 lessees in said shopping center . 11 38 . At said time and place Defendants H. S. HODGE 12 CORPORATION and DOES XVI through DOE XX, inclusive , and each of 13 them , so negligently owned , rented , occupied , maintained , 14 controlled , managed , and operated said premises including the parking and pedestrian areas that as a direct and proximate 15 16 result of said negligence Plaintiff LONNIE H. SPARK was 17 assaulted and attacked on said premises without provocation by 18 one JODELL WILLIAMS who then and there shot plaintiff with a 19 firearm causing plaintiff to incur and suffer the injuries and 20 damages herein set forth . 21 WHEREFORE, plaintiff prays relief as hereinafter set 22 forth . 23 FOURTH CAUSE OF ACTION (NEGLIGENCE) 24 39 . Plaintiff incorporates by reference and realleges 25 Paragraphs 11 , 12 , 13 , 14 , 230 24 , and 25 as though fully set 26 forth herein . 27 40 . At all times mentioned herein Defendants TECHNICAL 28 EQUITIES CORPORATION and REL VEST PIZZA PALLOR, and DOES XXI LAW OFFICE OF JOHN M.STARR 1460 Weehington Blvd. — 12 Suite B•101 Concord, CA 94521 14 151 972.2080 through XXV, inclusive , negligently, carelessly, and recklessly 1 failed to provide security and' supervisory personnel in and 2 3 about the RED VEST PIZZA PARLOR and in the parking and 4 pedestrian areas adjacent to the RED VEST PIZZA PARLOR and other security and safety precautions in said areas . 5 41 . At all times mentioned herein Defendants TECHNICAL 6 7 EQUITIES CORPORATION, RED VEST PIZZA PARLOR, and DOES XXI 8 through DOE XXV, inclusive , had knowledge of and were aware that 9 the RED VEST PIZZA PARLOR and the parking and pedestrian areas 10 adjacent thereto were frequented by persons of a quarrelsome 11 and dangerously belligerent nature . 12 42 . On January 19 , 1985, plaintiff was on the premises of RED VEST PIZZA PARLOR as a business visitor and invitee of 13 14 TECHNICAL EQUITIES CORPORATION and RED VEST PIZZA PARLOR. 15 43 . At said time and place , Defendants TECHNICAL 16 EQUITIES CORPORATION, RED VEST PIZZA PARLOR, and DOES XXI 17 through XXV, inclusive , so negligently occupied , maintained , controlled , managed and operated said premises including the 18 19 parking and pedestrian areas that as a direct and proximate 20 result of said negligence plaintiff was assaulted and attacked 21 on said premises in the parking and pedestrian area thereof 22 without provocation by one JODELL WILLIAMS who then and there 23 shot plaintiff with a firearm causing plaintiff to incur and 24 suffer the injuries and damages herein set forth . 25 WHEREFORE, plaintiff prays relief as hereinafter set 26 forth . 27 FIFTH CAUSE OF ACTION (NEGLIGENCE, FAILURE TO WARN) 28 44 . Plaintiff incorporates by reference and realleges LAW OFFICE OF JOHN M.STARR 1160 Washington Blvd. — 1 3 Suite B•101 Concord. CA 91521 N 1 SI 672.2080 Paragraphs 11 , 12 , 13 , 14 , 23 , 24 , 25 , 40 , 41 , and 42 , as though 1 fully set forth herein . 2 45 . On January 19 , 1985 , immediately prior to the time 3 of the occurrences herein described in which plair. ,iff was 4 attacked and shot by one JODELL WILLIAMS , TECHNICAL EQUITIES 5 CORPORATION, RED VEST PIZZA PARLOR, and DOES XXI through XXV, 6 inclusive , were aware of and had knowledge that there was an 7 8 impending altercation involving the use of firearms about to 9 take place in or about said premises and that Plaintiff LONNIE 10 H. STARK would be the object of an attack with firearms . 46 . Defendants TECHNICAL EQUITIES CORPORATION, RED 11 VEST PIZZA PARLOR, and DOES XXI through XXV, inclusive, 12 13 negligently and carelessly and with gross and wanton disregard 14 for the safety of plaintiff failed to warn plaintiff of the 15 danger to his person and failed to alert the police or sheriff ' s department of the impending threat to plaintiff and of the 16 imminent threatened disturbance of the peace and safety of the 17 16 public , and failed to provide security and safety for 19 plaintiff . 20 47 . As a direct and proximate result of the 21 negligence , carelessness , recklessness , and improper acts of 22 Defendants TECHNICAL EQUITIES CORPORATION and RED VEST PIZZA 23 PARLOR and their officers, employees , and agents as herein 24 alleged , Defendant JODELL WILLIAMS did on January 19 , 1985 , 25 shoot and injure Plaintiff LONNIE H. STARK on said premises with 26 a concealable firearm then being carried by JODELL WILLIAMS upon 27 his person in violation of law whereby plaintiff and each of 28 them suffered the injuries and damages as herein alleged . LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd — 14 — Suite B•iol Concord, CA 94521 "IRI 911.�NOn WHEREFORE, plaintiff prays relief as hereinafter set 1 forth . 2 SIXTH CAUSE OF ACTION (NEGLIGENCE) 3 48 . Plaintiff incorporates by reference and realleges 4 Paragraphs 15 , 16 , 23 , 24 , and 25 , as though fully set forth 5 herein . 6 49 . Prior to January 19 , 1985 , Defendants THE 7 TRADERS and DOES XXVI through XXX, inclusive , negligently, 8 carelessly, recklessly, and in violation of law sold to one g JODELL WILLIAMS a concealable firearm without prior 10 identification of the purchaser and notification to the local 11 12 police department or sheriff and to the STATE DEPARTMENT OF 13 JUSTICE of the identity of the purchaser . 50 . Said unlawful sale as alleged occurred in that the 14 sale of said concealable firearm was made to SHARON WILLIAMS, 15_ the wife of JODELL WILLIAMS and said firearm became and was the 16 17 community property of SHARON WILLIAMS and JODELL WILLIAMS , 18 husband and wife . 19 51 . As a direct and proximate result of the 20 negligence , carelessness , recklessness, and improper acts of 21 Defendant THE TRADERS and its officers , employees , and agents as 22 herein alleged , Defendant JODELL WILLIAMS did on January 19 , 23 1985 , in the County of Contra Costa , State of California , shoot 24 and injure Plaintiff LONNIE H. STARK with a concealable firearm 25 then being carried by JODELL WILLIAMS upon his person in 26 violation of law whereby plaintiff suffered the injuries and 27 damages as herein alleged . 28 WHEREFORE, plaintiff prays relief as hereinafter set LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 15 — Suite B•101 Concord. CA 94521 14 1[1 a79.9nan forth . 1 SEVENTH CAUSE OF ACTION ( INTENTIONAL TORT) 2 52 . Plaintiff incorporates by reference and realleges 3 Paragraphs 171 23 , 24 , and 250 as though fully set forth 4 herein . 5 53 . At all times mentioned herein Defendants 6 ' SHARON WILLIAMS , DARIN OLIVA and KEVIN OLIVA and DOES XXXI 7 through XL, inclusive , and each of them , were agents of 8 Defendant JODELL WILLIAMS and in doing the things hereinafter 9 alleged were acting within the scope of such agency. 10 54 . On January 19 , 1965 , at approximately 7 : 30 p.m. , 11 in the pedestrian and parking area of the Pinole Valley Shopping 12 Center and of the RED VEST PIZZA PARLOR located in said shopping 13 center at 2772 Pinole Valley Road , Pinole , Contra Costa County, 14 State of California , Defendant JODELL WILLIAMS without 15 provocation willfully, intentionally, and maliciously assaulted 16 and attacked plaintiff by then and there shooting plaintiff with 17 a concealable firearm. 18 55 . In the commission of the acts alleged herein, the 19 shooting of plaintiff, Defendant JODELL WILLIAMS was aided and 20 abetted by Defendants SHARON WILLIAMS, DARIN OLIVA, KEz_'IN OLIVA, 21 and DOES XXI through DOE XL, inclusive . 22 56 . As a direct and proximate result of the 23 intentional and willful acts of Defendants JODELL WILLIAMS , 24 SHARON WILLIAMS , DARIN OLIVA, KEVIN OLIVA, and DOES XXI through 25 DOE )(L, inclusive, as herein alleged , plaintiff suffered the 26 injuries and damages herein alleged . 27 26 57. The aforementioned acts of Defendants JODELL LAW OFFICE OF JOHN KSTARR 1460 Washington Blvd. — 16 — Suite B•101 Concord.CA 94521 WILLIAMS and DOES XXXI through DOE XL, inclusive , were willful , 1 wanton , malicious , and oppressive , and justify the awarding of 2 exemplary and punitive damages in the amount of $2 ,000 ,000 .00 . 3 WHEREFORE, plaintiff prays relief as hereinafter set 4 forth . 5 EIGHTH CAUSE OF ACTION ( INTENTIONAL TORT - CONSPIRACY) 6 58 . Plaintiff incorporates by reference and realleges 7 Paragraphs 17 , . 23 , 24 , and 25 as though fully set forth herein . 8 59 . On or about January 19 , 1985 , Defendants JODELL 9 WILLIAMS, SHARON WILLIAMS, DARIN OLIVA, KEVIN OLIVA, and DOES f0 XXXI through XL, inclusive , knowingly and wilfully conspired and 11 agreed among themselves to assault , attack , and batter 12 Plaintiff LONNIE H. STARK and to inflict bodily injury and harm 13 upon plaintiff . 14 60 . On or about January 19 , 1985 , at approximately 15 7 : 30 p.m . , in furtherance of said agreement and conspiracy, 16 Defendants JODELL WILLIAMS , SHARON WILLIAMS , DARIN OLIVA; KEVIN 17 OLIVA, and DOES XXXI through DOE XL, inclusive , went to the 18 Pinole Valley Shopping Center in Contra Costa County, State of 19 , 20 California , with the intent and purpose of inflictiirg bodily 21 injury upon plaintiff . 22 61 . At said time and place , Defendants JODELL WILLIAMS , SHARON WILLIAMS, DARIN OLIVA, KEVIN OLIVA, and DOES 23 24 XXXI through DOE XL, inclusive , acting on concert and pursuant 25 to and in furtherance of the above alleged conspiracy and agreement and without provocation did wilfully, intentionally, 26 27 and maliciously assault and attack plaintiff in that JODELL 28 WILLIAMS shot plaintiff with a concealable firearm. LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 17 — Suite B•101 Concord.CA 94521 ..R. L.n"'em Y. 62 . Defendants SHARON WILLIAMS, DARIN OLIVA, KEVIN 1 OLIVA, and DOES XXI through DOE XL, inclusive , furthered the 2 conspiracy by cooperating with and lending aid and encouragement 3 to Defendant JODELL WILLIAMS in doing the acts above alleged. 4 63 . As a direct and proximate result of the conspiracy 5 and agreement and the intentional and willful acts carried out 6 in furtherance thereof as above alleged , plaintiff suffered the 7 injuries and damages herein alleged and plaintiff is entitled to 8 exemplary and punitive damages in the amount of $2,000 ,000 .00 . 9 WHEREFORE, plaintiff prays relief as hereinafter set 10 forth . 11 NINTH CAUSE OF ACTION 12 (NEGLIGENT SUPERVISION - CONTROL OF MINOR) 13 64 . Plaintiff incorporates by reference and realleges 14 Paragraph 230 24 , and 25 as though fully set forth herein . 15 65 . At all times mentioned 'herein , . Defendants IMM 16 JANSEN ani LYNN JANSEN were an6 now are husband and wife and are 17 the parents of Defendant KEVIN OLIVA, a minor under the age of 18 13 . At: all times mentioned herein said KEVIN OLIVA was in the 19 custody of and subject to the control and supervision of 20 Defendants IMM JA14SEN and LYNN JANSEN. 21 66 . At the time of the occurrence of the events herein 22 alleged on January 19 , 1985 , and prior thereto , Defendants IMM 23 JANSEN and LYNN JANSEN negligently, carelessly, recklessly and 24 improperly controlled and supervised the activities of said 25 KEVIN OLIVA. 26 6i . At all times mentioned herein , Defendants IM14 27 28 JANSEN and LYN14 JANSEN knew of the dangerous propensities and LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 1 Suite B•101 Coneord. CA 94521 141 KI a�o.ongn . r habits of KEVIN OLIVA and of his propensity to engage in 1 altercations , and of his association with persons of known 2 criminal propensities and activities and dangerously belligerent 3 nature . 4 68 . At all times mentioned herein , Defendants IMM 5 JANSEN and LYNN JANSEN had the opportunity and ability to 6 control the conduct of KEVIN OLIVA but failed and refused to 7 exercise proper control and supervision of said minor . 8 69 . As a direct and proximate result of the 9 10 negligence , failure , and refusal of Defendants IMM JANSEN and LYNN JANSEN , as herein alleged , Defendant KEVIN OLIVA in concert 11 with Defendants DARIN OLIVA, JODELL WILLIAMS, and DOES XXXI 12 13 through DOE XL, inclusive , did assault and attack Plaintiff LONNIE H . STARK on January 19 , 1985 , in the Pinole Valley 14 15 Shopping Center , Contra Costa County, State of CalifLcnia , at the instigation of KEVIN OLIVA and said other defendants and in 16 17 furtherance of a conspiracy and agreement between them at said 18 time and place shot plaintiff with a firearm causing plaintiff 19 to incur and suffer the injuries and damages herein set forth . 20 WHEREFORE , plaintiff prays judgment against 21 defendants , and each of them, as follows : 22 1 . For general damages in an amount according to 23 proof at time of trial ; 24 2 . For medical expenses in an amount according to 25 proof at time of trial ; 26 3• For loss of income; 27 4 . For costs of suit incurred herein ; 26 5 . For interest pursuant to law; LAW OFFICE OF JOHN M.STARR 1160 Washington Blvd — 19 _ Suite B•101 Concord CA 91521 .I... .-. non 6 . For exemplary and punitive damages in the sum of 1 $2400 , 000 : 00 on the Seventh and .Eighth Causes of Action; and 2 7 . For such other and further relief as the court may 3 deem just and proper . 4 DATED: January 15 , 1985 . 5 LAW OFFICE OF JOHN M. STARR 6 8 JOHN STARR Atto ey for Plaintiff 9 / � .10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF JOHN M.STARR 1460 Wsehington Blvd. — 20 Suite B-101 Concord, CA 94521 14151672.2060 VERIFICATION 1 I declare that I am - the plaintiff in the within 2 action . I have read the foregoing Complaint for Damages and 3 know the contents thereof . The same is true of my own 4 knowledge , except as to those matters which are therein stated 5 upon my information or belief , and as to those matters, I 6 believe them to be true . 7 I declare under penalty of perjury that the foregoing 8 is true and correct and that this verification was executed on 9 January 1986 , at Concord , California . 10 12 LONNIE H. STARK 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. Suite B•101 Concord, CA 9/S21 I LAW OFFICE OF JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorneyfor Claimant 6 7 8 In re the claim of : ) ) 9 Claimant : LONNIE H. STARK ) APPLICATION TO FILE LATE CLAIM AGAINST THE STATE OF 10 vs . ) CALIFORNIA Government Code §911 . 4 11 Respondent : STATE OF ) CALIFORNIA ) 12 } 13 TO: THE BOARD OF CONTROL OF THE STATE OF CALIFORNIA : 14 1 . LONNIE H. STARK hereby applies to the Board of 15 Control of the STATE OF CALIFORNIA for leave to present a claim 16 against the STATE OF CALIFORNIA pursuant to 5911 . 4 of the 17 Government Code . 18 2 . The -.fuse of action of Claimant LONNIE H. STARK as 19 set forth in his proposed claim attached hereto accrued on 20 January 19 , 1985 , a period within one year from the filing of 21 this application. 22 3 . The reason for the delay by LONNIE H. STARK in 23 presenting his claim against the STATE OF CALIFORNIA is as 24 follows : Claimant was shot by one JODELL WILLIAMS on January 25 19, 1985, in the COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, 26 and suffered the injuries and damages which are the basis fnr 27 his claim. 28 Claimant. was not aware at the time of said 1 .EXHIBIT A occurrence or thereafter until the present time that the STATE 1 OF CALIFORNIA might. be liable . for the damages suffered by 2 claimant upon a theory of failure to properly supervise JODELL 3 WILLIAMS, a parolee under the supervision of the Department of 4 Corrections . Claimant. was unaware that JODELL WILLIAMS was a 5 convicted felon under the supervision of the Department of 6 Corrections of the STATE OF CALIFORNIA and that said JODELL 7 8 WILLIAMS was prohibited by law from owning and possessing the 9 concealable firearm with which JODELL WILLIAMS shot and injured the claimant . Claimant was unaware that the STATE OF ' 10 CALIFORNIA might be liable upon its failure to take adequate 11 12 measures to prevent. JOCELL WILLIAMS from purchasing , owning , and possessing the concealable firearm which was used to shoot the 13 claimant . 14 Claimant did not retain an attorney to represent 15 him in this matter until December 12 , 1965 , and as a layman was 16 17 unaware that there might. be a legal basis for claim against the 18 STATE OF CALIFORNIA, but was so informed of such matters by his 19 retained attorney. 20 4 . All of the above constitutes mistake , 21 inadvertence , surprise and excusable neglect by Claimant LONNIE 22 H. STARK, justifying the granting of this application . 23 5. The STATE OF CALIFORNIA will not be prejudiced by 24 the failure of claimant to present his claim within the time 25 specified in Government Code §911 . 2 by reason of the fact that 28 similar claims were filed by other victims of the shooting 27 incident above-referred to and the STATE OF CALIFORNIA denied 28 each of said claims on the basis that the factual and legal LAW OFFICE OF JOHN K STARR 1460 Washington Blvd. — 2 — Suite B•101 Concord. CA 94521 14151672-2080 issues are complicated and require judicial resnlutinn . This 1 claimant ' s cause of action may be consolidated with the action 2 filed by other victims witilnut additional burden or prejudice to 3 the STATE OF CALIFORNIA in matters of discovery, investigation , 4 and trial of such factual and legal issues . 5 6 . The proposed claim is attached hereto . 6 DATED: December 12 , 1985 . 7 LAW OFFICE OF JOHN M. STARR 8 10 JOHN M. STARR Attorney for Claimant 11 12 13 14 15 16 17 18 19 20 21 _ 1 22 23 24 25 26 27 26 LA%Y OFFICE OF JOHN M.STARR _ 3 1460 Washington Blvd. Suite B•101 Concord. CA 94521 1415)672.2080 (, 1 LAW OFFICE OF JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorney Cor-Clams- t - 6 7 8 In re the claim of : ) 9 Claimant. : LONNIE H. STARK ) CLAIM FOR PERSONAL INJURIES [Government 10vs . ) Code y""9101 11 Respondent : STATE OF CALIFORNIA, ) ) .12 13 TO: THE STATE OF CALIFO11t)IA: 14 You are hereby notified that : LONNIE H. STARK, 15 3598 Savage Avenue , Pinole , California, claims damages against '.16 the State of California in the amount , computed as of the date 17 of presentation of this claim , of $5 , 000 , 000 . 00 . 18 This claim is based on personal injuries sustained by 19 claimant on or about January 19 , 1985 , under the following 20 circumstances : On or before January 19 , 1985 , agents , officers 21 and employees of the Department of Corrections of the State of 22 California and of the Department of Justice of the State of 23 California and the state of California , negligently, carelessly, 24 recklessly and improperly supervised , managed , directed , and 25 controlled JODELL WILLIAMS, a convicted felon and a parolee from 26 the Department of Corrections of the State of California so as 27 to permit JOUELL WILLIAMS, a convicted felon , to possess, 28 control , or have access to concealable firearms at his place of - l - .EXHIBIT. C residence and to carry said concealable firearm on his person . 1 2 On the date of January 19 , 1985, at about 7 : 30 p.m. claimant 3 was a pedestrian in the vicinity of 2772 Pinole Valley Road , 4 Pinole , Contra Costa County, California , when claimant was suddenly and unexpectedly attacked by JODELL WILLIAMS in that 5 6 JODELL WILLIAMS discharged a concealable firearm at claimant and 7 a bullet from said firearm struck claimant , all of which caused 8 permanent damage and injury to claimant ' s person . 9 Claimant ' s injuries are as far as now known on the 10 date of presentation of this claim : gunshot wound to the chest ' 11 causing loss of mental function , concussion , scarring , pain , 12 sufferring , mental and emotional distress, permanent physical 13 disability . • 14 The names of the public agents , officers , employees , 15 and representatives causing claimant ' s damages and loss are at this time unknown . n claimant . 16 17 The amnlint claimed , as of the date of presentation of 18 this claim, is computed as follows : 19 Medical and hospital Expenses $ 50 , 000 . 00 .._ ( to date and future estimate ) 20 General Damages $4 , 950 , 000 . 00 21 ( to date and prospective ) 22 Total Claim ( as of date of $5 , 000 , 000 . 00 presentation of this claim) 23 All notices or other communication with regard to this 24 claim should be sent. to JUNL M. STARR, LAW OFFICE OF JOHN M. 25 STARR, 1460 Washington Boulevard , Suite 13-101 , Concord , 26 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 2 Suite B•101 Concord.CA 94521 f4151672-2080 Califnrnia , \94521 , ( 415 ) 672-2080 . ` 1 DATED: December 12 , 1985 . 2 LAW OFFICE OF JOAN M. STARR 3 5 /'MIN M. STAR B A,ttnrney for Claimant 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF JOHN M.STARR 1460 Weehington Blvd. — 3 — Suite B•101 Concord. CA 94521 14151672.2080 PROOF OF SERV!".E BY MAIL — CCP 10130, 2015.5 1 1 declare that: 2 1 am (a resident of/employed in) the coonly of........... .. .......contra, Cqst.7.......... .............................. California. 3 1 am over the age cf eighteen years and no: o party to the within cause; my (business/residence) address is:..................... 4 .......Suite B-10L...Concord , CA 94521 .......... ............ ........I................................. 5 On .,.....PAIZeNPRr...19.......1.9.8.5.................... I served the within ApaUc.a.t.ion....to....File...La.te.............. IDATFi 6 CAa.ii`n ..........A....".i.n...s...t.......t.h..e......I S....t...a....t...e......C...a. .l.if.o n�Ajh, ..... • .,..party.................. ............ ........................ 7 in said cause, by placing a true copy fliereof enclosed in a sealed envelope with postage thereon fully prepaid,in the 8 , .I.J.forl i United .....i......... ....................................................... addressed as follows: 9 State Board of Control 926 "J" Street, Suite 300 10 Sacramento , CA 95814 11 12 13 14 15 16 17 is 19 20 21 22 23 1 declore under penalty of perjury fliat flia (orcUointj is frue and correct, and thct this decicrotion was executed 24 December....1.�, R.5 ........ ....................................... coliform; .............. ........ ............ ......... . ..................Concord...... IDATO ;PLACE) 25 26 L ri ......................................................... (TYPE OR PRINT NAW) ATTORNEYS PRINTING SUPPLY FORM N(,'. II-E REV. JANUARY 1913 1 LAW OFFICE OF JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorney for Claimant 6 7 8 In re the claim of : ) j - 9 Claimant : LONNIE H. -STARK ) APPLICATION TO FILE LATE CLAIM AGAINST THE COUNTY OF 10 vs . ) CONTRA COSTA AND RICHARD RAINEY, SHERIFF OF CONTRA 11 Respondent : COUNTY OF CONTRA ) COSTA COUNTY COSTA, and ) 12 RICHARD RAINEY, j Sheriff of Contra ) 13 Costa County14 ) TO: THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: 15 1 . LONNIE H. STARK hereby applies to the Board - of 16 Supervisors of the COUNTY OF CONTRA COSTA for leave to present a 17 claim against the COUNTY OF CONTRA COSTA and RICHARD RAINEY , 18 Sheriff of Contra Costa County, pursuant to 5911 . 4 of the 19 Government Code . 20 2. The cause of action of Claimant LONNIE H. STARK as 21 set forth in his proposed claim attached hereto accrued on 22 January 19 , 1985 , a period within one year from the filing of 23 this ap,)lication . 24 3 . The reason for the delay by LONNIE H. STARK in 25 present. :ng his claim against the COUNTY OF' CONTRA COSTA and 26 Sheriff RICHARD RAINEY is as follows : Claimant was shot by one 27 JODELL 4ILLIAMS on January 19, 1985, in the COUNTY OF CONTRA 28 COSTA, STATE OF CALIFORNIA, and suffered the injuries and - - EXHIBIT 0 damages which are the basis for his claim. 1 Claimant was unaware that JODELL WILLIAMS was a 2 convicted felon under the supervision of the Department of 3 Corrections of the STATE CF CALIFORNIA and that said JODELL 4 WILLIAMS was prohibited by law from owning and possessing the 5 concealable firearm with which JODELL WILLIAMS shot and injured 6 the claimant . Claimant was unaware that the COUNTY OF CONTRA 7 COSTA might be liable upon its failure to take adequate 8 measures to prevent JCDELL WILLIAMS from purchasing , owning , and 9 possessing the concealable firearm which was used to shoot the 10 claimant . 11 Claimant did not retain an attorney to represent 12 him in this matter until December 12 , 1985 , and as a layman was 13 unaware that there might be a legal basis for claim against the 14 COUNTY OF CONTRA COSTA and Sheriff RICHARD RAINEY, but was so 15 informed of such matters by his retained attorney. 16 4 . All of the above constitutes mistake , 17 inadvertence , surprise and excusable neglect. by Claimant LONNIE 18 H. STARK , justifying the granting of this application. 19 5 . The COUNTY OF CONTRA COSTA and Sheriff RICHARD 20 RAINEY will not be prejudiced by the failure of claimant to 21 present his claim within the time specified in Government Code 22 5911 .2 by reason of the fact that similar claims were filed by 23 other victims of the shooting incident above-referred to and the 24 COUNTY OF CONTRA COSTA denied each of said claims on= the basis 25 that the factual and legal issues are complicated and require 26 judicial resolution . This claimant' s cause of action may be 27 consolidated with the action filed by other victims without. 28 LAW OFFICE OF JOHN M.STARR _ z 1460 Washington Blvd. Suitt B•I01 Concord.CA 94521 (4151672-2080 additional burden or prejudice to the COUNTY OF CONTRA COSTA in 1 matters of discovery, investigation , and trial of such factual 2 and legal issues . 3 6 . . The Proposed claim is attached hereto . 4 DATED: December 12 , 1965 . 5 LAW OFFICE OF JOHN M. STARR 6 7 8 JOHN M. STARR Attorney for Claimant 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27. 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. 3 Suite B•101 Concord.CA 94521 141$1672-2080 I LAW OFFICE of JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorney for Claimant 6 7 8 In re the claim of : ) 9 Claimant : LONNIE 11. STARK ) CLAIM FOR PERSONAL INJURIES (Government 10 vs . ) Code 5910) 11 Respondent : COUNTY OF CONTRA COSTA) and RICHARD RAINEY, ) 12 SHERIFF OF CONTRA ) COSTA COUNTY ) 13 ) 14 TO: COUNTY OF CONTRA COSTA, and RICHARD RAINEY, SHERIFF OF 15 CONTRA COSTA COUNTY : 16 You are hereby notified that : LONNIE H. STARK, 17 3598 Savage Avenue , Pinnle , California , claims damages against 18 the County of Contra Costa and Sheriff Richard Rainey in the 19 amount , computed as of the' date of presentation of this claim, 20 of $5 , 000 , 000 . 00 . 21 This claim is based on personal injuries sustained by 22 claimant on or about January 19 , 1985 , under the following 23 circumstances : On or befnre January 19 , 1985 , agents , officers 24 and empinyees of the Sheriff ' s Department of the County of 25 Contra Costa , negligently, carelessly, recklessly and improperly 26 investigated , controlled , directed , and maintained records 27 of handgun purcha.ics by residents of Contra Costa County so as 28 to permit JODELL WILLIAMS, a convicted felon , to possess , - 1 - EXHIBIT control , or have access to concealable firearms at his place of 1 residence and to carry said concealable firearm on h : person . 2 On the date of January 19 , 1985 , at about. 7 : 30 p.m. claimant 3 4 was a pedestrian in the vicinity of 2772 Pinole Valley Road , 5 Pinole , Contra Costa County, California , when claimant was 6 suddenly and unexpectedly attacked by JODELL WILLIAMS in that JODELL WILLIAMS dizcharged a concealable firearm at claimant and 7 8 a bullet from said firearm struck claimant , all of which caused 9 permanent damage and injury to claimant ' s person . 10 Claimant ' s injuries are as far as now known on the 11 date of present,ition of this claim : gunshot wound to the chest 12 causing loss ol- mental function , concussion , scarring , pain , 13 sufferring , mental and emotional distress , permanent physical 14 disability. 15 The names of the public agents , officers , employees , and representatives causing claimant' s damages and loss are at 16 this time unknown to claimant . 17 18 The amount claimed , as of the date of presentation of 19 this claim , is computed as follows : 20 Medical and Flospital Expenses $ 50 , 000 . 00 ( to date and future estimate ) 21 General Damages $4 , 950 , 000 . 00 22 ( to date and prospective ) 23 Total Claim ( as of date of $5 ,000 ,000. 00 presentation of this claim) 24 All notices or other communication with regard to this 25 claim should be sent. to JOHN M. STARR, LAW OFFICE OF JOHN M. 26 STARR, 1460 Washington Boulevard , Suite 0-101 , Concord , 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 2 Suite B•101 Concord.CA 94521 14151672-2080 4: -: 1 California , 94521 , ( 415 ) 672-2080 . DATED: December 12 , 1945 . - 2 LAW OFFTCC OF JOHN M. STARR 3 5 JOHN M. STARRY' Attorney for Claimant 6 % 7 ... 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 3 Suits B•101 Concord. CA 94521 14151672-2080 {.r C. PROOF OF SERVI'E 8Y f.,WL -• CCP 10130, 2015.5 1 1 declare that: _ 2 1 am (a resident of/employed in) the county of....................... .07trd.. . OS t,a•......._._.. ........ California. N.17-iNTY\YNERE MAILING lG•�UH A:GI 3 1 om over the age of eighteen years and not a party to the within cause; my (business/residence) address is: ...................... 4 ,14,60„_Washi.ng.ton...I31vd-........Spite....B-103, ..Concord ,....CA 94521.......... ............... 5 on ..........Dece,m.bez....1.9.A...-1.9-8.5 .. ... ..., 1 ,awed ilia witi,in .....Ap.pli.ca _.t tion . o-F.ile....Late............. IaAT[J , 6 C1.a.iM..A.9a.ins.t...the....Cou.nt.y...of................. (n the .........listed....Pa.rty...................................................... ContraCosta and Richard Rainey, Sheriff of Contra Costa County 7 in said cause, by placing o true copy thercuf ^reclosed it: a saoled envelope with postage thereon fully prepaid, in the 8 United Slates mail at .......................... ..........I l.,.i..forn a addressed as follows: . ........................................................................ 9 Board of Supervisors 10 County of Contra Costa 651 Pine Street 11 Martinez , CA 94553 12 13 14 15 16 17 18 19 20 21 22 23 1 declare under penalty of perjury that Ili.- forerioin�j is Irue and correct, and that this declaration was executed on 24 December 1�.,....�.98.`a ............. .I at .....................Canc.Qr.d........................................................... California. (DATE) (PLACE) 25 26 Lori R............ Bisord. .............................................................. _ V._��-0 0?C� y .................R ............... (TYPE aR i'R(NT NAAII) .. _ ATTORNEYS PRINTING SUPPLY FORM NC. 11•S REV.JANUARY 1973 (/ � t IV LU vni. - APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT January 14, 198E 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: LONNIE H. STARK Attorney: John M. Starr Law Office of John M. Starr Address: 1460 Washington Boulevard , Suite B-101 Concord, CA 94521 Amount: $5 , 000 , 000 . 00 By delivery to Clerk on Date Received: December 20, 1985 By mail , postmarked on December (unread-able) 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: Dec . 23 , 1985 PHIL BATCHELOR , Clerk, By (d-.- Deputy Atm Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911 .6). The Board should deny this Application to File Late Claim (Section 911 .6) . DATED: VICTOR WESTMAN, County Counsel , By D `-x deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6) . t>� 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: JAN 14 1986 PHIL BATCHELOR , Clerk, B 0144&j LC Deputy WARNING (Gov. Code 4911.8) fiifijUT E 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, you should do so immediately. 1 PROOF OF SERVICE BY MAIL • 2 I, the undersigned, declare: 3 I am a citizen of the United States employed in the County 4 of Alameda., State of California. I am over the age of 18 years and 5 am not a party to the within cause. My business address is 200 6 Webster Street, Suite 200, Oakland, California 94607 . I served the 7 foregoing 8 CLAIM FOR DAMAGES (GOV. CODE §910) 9 10 on interested parties herein by placing a true and correct copy 11 thereof in the United States mail at Oakland, California, sealed in 12 an envelope with postage thereon, fully prepaid, addressed as 13 follows: 14 State Board of Control 926 J Street, Suite 300 15 Sacramento, CA 95814 16 17 18 19 20 21 22 23 24 I declare the foregoing to be true and correct under penalty 25 of perjury. 26 Executed this 23rd day of May 1986 , at 2227 Oakland, California. TME LAW OFFICES OF � •,':%�� KINCAID, GIANUNZIO, Q. CAUDLE! HUBERT CHARLENE VOSTER A PROFESSIONAL CORPORATION MO WEBSTER STREET IAKLANO.CA 84507.3759 (415)4 5212 1145 •JUN 3 1986 SOF sUPffitQi9oR8 Q cam Cum MMM—. GLTl=-U Clap County, � VMCZ 20 �WW June 34, 1986' sovwved by the Board of Supernisan. Th copy or tan coeument imaled to Is Par men outing Endorsats, and Board notice of the notion taken On yon=' c aim yoby the Acticn. All Section referenow are ao" of &Vervisors (paragraph IVs bun)• to California Government Codes sivea pirsuant to Oovarument Cods Section 913 and 315.%. !lease Dote all *YarOlWo Claimants E.J.' . Klobas Cc"COaW Attorneys MAY 2 91986 Addr'esst 2512 Simas Avenue hand delivered Pinole, CA 94564May 23 , 1986 Jmo<nts $93 . 30 sy delivery to clerk m Elate 2e0e1ved: May 23, 1986 By wil• Postmarked an ark of the Board of 35piMbon 16t County Attaebed is a copy of the above-noted Claus Datods May 28 , 1986 PM BATCHELOR9 Qerke By0,;4" FFM: County- : Clarkornon's (Check only one) (� this claim Complies substantially with Sections 910 end 910.2. ( I We Claim FAI S to Comply substantially with Sections 910 and 910.28 and Me are so notifying claimant. The Board Cannot act for 15 days (Section 910.0). ( ) Claim is not timely filed. Clerk should return Claim on ground that it was tiled late and send warning of Claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others bsLed: "6 BY: poly ty III. Phis Qerk of the Board 70: (1) County Cas:selt (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 311.3). IV, SO= am By unanimous vote of Supervisors present "I !his Claim is rejected in full. ( ) Other: Certify the this is a true correct copy or the •s en is aifor this date. Matadi .N 2 4�1486•enxsmPf n BATCTIII Mp Marks by ��9��- . Deputy Mark VAhatM (Dov. Cods Sacticn 913) Subject to awUin emoeptions, you Rave only cis (6) tontka from the date ad this notice res personally aw,"d or deposited to the mail to file a Court notion m tide claim. See 0ovestowt Code 3eotio4 945.6. Tou may seek the advice of an attamey Cf Your ahoioe in connection with this matter. If you rant to consult an attm%&Y, you Should do so immediately. V. PRW& Clark of the Board 70: (i) Wmty Coonsele (2) County Administrator •ttacw are copies of the above a7Sim. We notified the Claimant of the Board's action on this Claim by mailing a Copy of this doeumentg and a NOW thereof hu been filed And endorsed on the Board•• Copy of this Claim in aCoondwoe with Section 29703. ( ) t warning of alaisant•s riot to apply for leave t a late Claim was mailed DATID:��� oPRZL EIiTQMMS Ciarkg Sy Deputy Mark ' <. In the Matter of the Claim of EVE E.J. Klobas M AY 3196S v. 3S PH7`1 ATCH LOA `� K �✓CRL1 OF S P RVISORS Contra Costa County . 1 . CO sY ._ 1 . Claimant hereby presents this claim to the County of Contra Costa pursuant to section 910 of the California Government Code . 2 . The name and address of claimant is : E. J. Klobas 2`i12 Simas Avenue Pinole , CA 94564 3 . The address to which claimant desires notice of this claim to be sent is as follows : 2 512 Simas Avenue Pinole, CA 94564 4. On or about February 14, 1986 claimant' s auto was damaged when it hit a large depression in the road on Appian Way near Kister Circle in E1 Sobrante during a heavy rain storm. 5 . Claimant believes that the damage is the proximate result of negligence amd carelessness in the maintenance of said road. 6 . So far as it is known to claimant at the date of filing this claim, claimant' s property has been damaged in the amount of $93 .30 . 7 . At the time of presentation of this claim, claimant claims damages in the amount of $93 .30 • Dated: 5/23/86 . J E.J:. KZOB,AS, Clai ant //S JUN 3 1986 OWN Claim Against the �y, on bistriet CBS June 24, 1986 governed by the Board of Supervisors, The ,PY oa 1 , docume t m mad tofou is yore' flouting endorsements, and Board adios of the motion taken an your slats by the Action, All Section referenoea ane Board of Supervisors cparagraph lye 64009 to California Government Codes given pursuant to Government Cods Smotim 913 and ll5.g• Please Sots all eitamiW9 Claimants Eric J. Kolhede count►tmad Attorney: MAy 2 91986 Address: 706 St. Diary' s Road hand delivered ,C&2". Lafayette, CA 94549delivery to clerkMay 27 , 1986 Amounts $100, 000. 00 By an nate Beoeiveds May 27 , 1986 By mail, Postmarked an ark pe sous lot Cminvy BiFia Attached is a copy of the above-noted claim. Dated: -may 28 . 19s6 PAIL. Hl1lN, Mwkt By 90pity FRCM: Cbunty Camel lot e1" son (Check only one) �() This claim oomplies substantially with Sections 910 and 910.2. ( D 'lois claim FAIIS to ocmply substantially with Sections 910 and 910.2, end we an W notifying Claimant. The Board cannot act for 15 days (Section 910.8). ( D maim is not timely tiled. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others hated: By: putt ty III. FKH: Clerk of the Board TDs Cl) Cotnty Counsel, (2) County Administrator r ( D Claim was returned as untimely with notice to claimant (Section 911.3). I9. BOARD OM By UnMimous Ate Of Supervisors present (� This alaim is rejected in full. ( D Others Oerti ygtthat s s a true oonoct copy •s on is DaLed� 2r 1986 this PHIL BRTOMLOR, Clerk, By • Dsput1 Mark WAWW (Gov. Code section 913) Aubjeot to Certain exceptions, 7W have only six (6) months from the date of tbia natioe was personally served or deposited in the mail to file a court action an this algia. Ase Government Code Section "5.6. You may seek the advios of an attorney of yam &010: in comm«. Ion with this matter, it you rant to consult an attorney, Pon should do so immediately. V. nMt Clerk of the Board IN Cl) County Cam"!, (2) County Administrator Attached are Capias of the above claim, We notified the Olaimant at the Boardis action an this olaim 'bY sailing a Dopy of this document, and Is NOW thereof bay been tiled and endorsed m the Boardls copy of this Claim in t000rdanoe with ssotion 29T03• ( D A warning of claimant•: right to apply for leave t a late Baia was mailed AIITIDs� VM SATCHFOR, Clerk, By y Clerk .CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COP ��appiicationto: � Instructions to ClaimantC!erk of the Board Ma 2U, 1986 66./Pne ,S,./ Martinez,Califomia 94553 A., Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filingst amps Eric J. Kolhede ) ) RECD Against the: COUNTY OF CONTRA COSTA) MAY )_7 10E5 %C) \0 Or DISTRICT) IL ARD CH Boa (Fillin name ) ARD T�Aviso n The undersigned claimant hereby makes claim agains a my o ontra Costa or the above-named District in the sum of $ 100.,000.00 and in support of this claim represents as follows: ------------------------------------- ----------------------- --- 1. When did the damage or injury occur? (Give exact date and hour] Night of February 18th/19th between the hours of 11100 pm and 1100 am. �. where did the damage or in3ury occur? (Include city and county) Residence of Eric and Deborah Kolhede, 706 St. Mary's Road, Lafayette, Calif. , in Contra Costa. County. -_---'•---------•---------------------- ----- ---- - ----T -------------- 3. How did the damage or injury occur? (Giveul� details, use extra sheets if required) Erosion of creek banks and flooding. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Failure of county officers, planning department and property developers to provide property owners (Eric. & Deborah Kolhede) with proper drainage and protection from creek bank flooding and earth erosion. (over) ,5., , What are the names of county or district officers, servants or' Y employees causing the damage or injury? Uftkrrown^ at this time. ————--———— _.—----————————--——------T---—--—————--— ------——----———--—— 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Continual. erosion, of property by excessive drainage coming onto my property and flooding. 7. How was the. amount claimed ab------------------------------ ve computed? (Include the estimated amount of any prospective injury or damage. ) Personal estimate. Exact amount unlwwrr at this time but could exceed $100,000. B. Names and~a.ddresses of witnesses, doctors and hospitals Family and resident of 710 St . Marys Road (Mr. Horning) who sustained similar damage. at his property. -----T-------------T-------------------------------T-----T--------T-T---- 9. ,. Li.gt. ,the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT (y t f Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney c7-441 N/11,o/ I have not yet retained an Claimant' s Signature attorney. Therefore, please 705 St. Marys Road send any relevant notices to AddressLafayette, Calif. 94549 m i .e to h dress rovidd of the rS�rht ohs sect�on oTethe forms Telephone No. _ Telephone No. (415)283-5039 **#♦t*iter*src*********tr,tart,ttt�tr,ktt***t*,tt*te************1rs**:tr****:«ttttt******** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud., presents for allowance or for payment to any state board or officer, .or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " ASD Cr SUPSRM01ts or MOM 1m AM= Qatm Ag npt the County. or bistriet cc is QAC June 24, 1986 Caverned by the Board of gupei-visas, The cop? oi�his WF=U—�AW&d too YOU is �' Routing gbdoche Boar, and �� sotioe of the notice taken on loin" � by the Ration. All Sectiosa and Board acs loam of uerviscre tP� re balon)r tc CalifoslLia Government Codes given pursuant to Government Code section 'L3 and X5.5• ileacs now all WWarniaya". Claimants La Encinal Homeowner' s A&soc. county civow Bertha Thomas MAY 2 91996 AttorMs Christopher J. Joy Russell, Joy & Feinberg Address One Raiser Plaza, Ste. 2135 ANWAL Oakland, CA 94612 By dkedadeUvo -re � ' �h �� � _ Mats $100, 000. 00 nate Receirads May 27 , 1986 DY mail t Voscc = or o pe sora s y Attached is a copy of the above-noted alaia• . bateds May 28, 193 _PM BATOMM, Clerk, VY., ,,....._ --r••�A�7� rr+�- • Mt COMEY (Check only one) „ C/114 Skis Claim oamplies substantially with Sections ¢10 and 910.2. t D go notice:'B�claimant, �Board cannot bstantially act for Sectionsth 5 day& (Secticc IM0.� tis s» t D lateMaiIs not and send War�ntimely . Clerk claimants right to ld apply for leavClaim OD e tond � t a late t It We � claim (flection 911.31. t D Others nates: lay= p�:ty ty in. ms Iiiark of the Board TOS (l) County Casrsel, (2) County Administrator t } Claim was returned as 'Untimely with aott0e to claimant (Section 911.3). IY, MW By unanimous vote of Supervisors present 2WS claim is refected in full. t } Others 6*-tirythat this-in a true Wid correet oapy cof the 's order ea is �M rAPis date. Dated: PHIL BATOMLOR, Clerk, By , beputy Clerk VAN= (Govt Code 900tion 913) Subject to certain es0eptions, lou We only six (6) sontha frac the date of we sotioe was pgrsanally served cr deposited in the mail to We a court action co this Alma. see Government Code Section 905.6. You Say Leek the advice of an attormy Of 10Ua 00100 in 0019=ectian With this matter, if lou want to consult an attorney, ycu should da so immediately. - • .rrr�r.�•�.�rr�r���•r�w�+r D• !lIO+Is Clark e[ the Board IN CI) Clounty Cwxm* ., (2) County Administrator Attached ars oapias of the above claim. We aatified the claimant or the Doard'a action an this claim by sailing a cagy of this document, and a new thereof Acs been filed and andarsed an the Board's copy of this Claim in acoordarm with section 29703• t } A warning cc alafaant•s riart to apply tom leave ant a late slats was Sailed UTIDsto f i4pRF FM DATMM9 Clark, By ----"'r DePAy Clerk 1 � May 27 , 198 RECEIVED MAY a7 1986 TO: County CIEiR of Contra Costa ►eoAPt)" cr,�iox n OF Clerk of Board of Supervisors s N:Eti sr coSUFF¢Y:;. 651 Pine Street "' '" ' Martinez , California The La Encinal Homeowners Association hereby make claim against the County of Contra Costa for the sum of $100 , 000. 00 and make the following statements in support of the claim: 1 . Claimant ' s post office address is 10 La Encinal , 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 private street , 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. Blockage of Creek Culvert under La Encinal causing Creek to divert to road surface creating danger of failure and damage to property owners on La Encinal . �Oum tr wrom or � s mm wwff� cit aosu Clain Adatn•t the Carty, or District • Cc 10 CLLUM June •24, 1986 &overaed by the Bo&rd of Supers�iaces, the am 0 ao • veeo � to You Is Pw flouting indorsements, and Board mottos or the actica taken on lois" MAIN -by wo Action. All Section referwum amps Board at yup+ dsore Varesgraph 17, bd w) to California Government Codes given pursuant to Go"rsment Coos section in and 1115.6. !lease nolo all •itae '. Claimants Thomas J. :McCauley lt'c4ws m Attamsy: JUN Q 31986 Addroass 1606 Silver Dell Road 41SIbn8z CAW% Lafayette, CA 94549 flouts $2, 129. 94 By delivery to clerk an Date laogivb: June 3 , 1986 By mils postnaftad an June 2 , 1986 erk it M Board of Saperviscro lot 06WEY, Attached is a copy of the above-noted claim. Dateds June 3. 1986 hill bpTQ}i ORI Clerk, By --Cathv IZA6wles s rvmty s (Check only One) `.�_ sem. 0 e claim complies m�{A�+tt�y with Sections 910 and OL0.20 � ( This daim,IPMLS to comply substantially with Sections 910 and 910.29 aed we em so notifying claimant. The Hoard cannot act for 15 days (Section 910.11). ( ) Claim is not timely filed. Clerk should return claim on ground that it Mas filed late and send warning of claimant's right to apply for leave to present a late claim (,section 911.3). . ( ) Others !fated: c A-r- c, By: �� � DePAY 06EU W nM& Clerk of the board ity Cmnsel, (2) County Administrator t ) Main res retomed as untimely with mtioe to daimant (Section 911.3). IV* sWD Gigs By unianimo n vote or wperviscre PVMt 04 2ws dais is refected in lhil. ( D Others mioartify the s dotes a true correct copy the 'a es, is Dated: 1� "M SATO MM 9 Clerk. By , Depnsty Clark VAN= (Gov. Cads section 913) subject to certain emptions, you have only si: (6) months from the date d skis notice was personally served or deposited in the Bail to file a oast actio m tea data. see Government Code section "Me Tou any asek the advioe at an attorney or lar ahatos in oom,action Math this natter. If You rant to oocsult an attorney, you should do so immediately. .. FMs nark ar the mrd ms CO oomty Camsal, (2) Cexnty Adminiartratar Attached ave copies of the ebc a claim. We Notified the claimant or the DmLwd's aMion on this claim by sailing a copy or this document, and a memo thereof lata been filed and andorsed on the anard's copy of this Claim in a000edaaoe with ssetioen 29703. ( A Manning Of cialowitte riot to apply tee' leavet a late claim Inv mailed to claimant. DATED:_ JUNg n IPPA "M A►TOOMs qhs By Deputy Clerk CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instru,^tiors to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must. be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911 , Martinez, CA) C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this foam. RE: Claim by )Reser g stamps THOMAS J. McCAULEY ; RECEIVED ) Against the COUNTY OF CONTRA COSTA) JUN 3 1985 PHIL BATCHELOR or DISTRICT) LCR.K rRA i coI(Fill in name) •' .. •' •" ' '• The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 2,129.94 and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) April 26, 1986 at approximately 7:30 p.m. -------------------------------------------- --------------------------- 2. Where did the damage or injury occur? (Include city and county) Reliez Valley Road, Lafayette, Contra Costa ------------------------------------------ ----------------------------- 3. How did the damage or injury occur? (Give full details , use extra sheets if required) Lafayette Police car was stopped at side of Reliez Valley Road. As it was being passed by my vehicle, it pulled back onto the roadway striking my vehicle in the rear-end (right side) . ------------------------------------------------------------------------- 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? According to the CHP accident report, the accident occurred because the Deputy Sheriff ". . .failed to properly clear the roadway before entering the traffic lane. " (over) 5. What are the names of county or district officers , servants:.:Vr^s ; ._. , I employees causing the damagp•o'r Anl3ury? J. Montagh - Deputy Sheriff - -- --------------- ------------------- 6-.--Wh-at- damage:---------or---in--j-uries-----do----you----cl--aim resulted? (Give full extent of injuries, or damages claimed. Attach two estimates for auto damage) Damage to 1981 VW Scirocco in the amount of $2,129.94. ---------------•---------------------------------------------------------- 7. How was they amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Two estimates obtained. The Braner Sloan was selected since the vehicle was purchased there. -------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Heather McCauley 1606 Silver Dell Road, Lafayette Mike 9. ist the expenditurips you made on account of this accident or injury: r ITEM AMOUNT None. Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney C i a i to e None. 1606 Silver Dell Raod Address Lafayette, CA 94549 Telephone No. Telephone No. 933-6023 ************************************************************************** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account, voucher , or writing, is guilty of a felony. " estimate Keport �Y . .r -77 7c 4d `� C� ,.Q a.+rl-(...(� a.. :..i•a.� ..l _y� r.� /t ay�� 3 ;�� NAME - DATE O `eU5 PlIONE ADDRESS Z` t r i' /CRM'C>� ".I- '' • STATF ZIP 'P.NOI'�RES ,.l M v, . , •-. YEAR MAKE �• MODEL-'-. '1 D.'ND. K PAINT CODE .. _. PROD.DATE TIUM 'MILEAGE W C .INS. D. " CLAIM - � ~ - PHONE .,: , ,. t DeductlMeRMttemrnt . NO. r��_ "ADJUSTEq � :'. LABORALL OTHER PAINT DESCRIPTIONOF DAMAGE a 04 C Y2: '.�.. rt" k/M1^.' �r � t�S-�6ir'�s �/� .a'�.Nr�'a :u°cT:^i�a,S=n�a`t...ka..�J•' a{{_ �s.'�.�'.' r4 :'13•. .:..... 3�`fil�. � y. �:w�. b v t+-� : ..:k,p „re". v, x+r: Zp:: r,,.,. l.i a-� ..O b,S a. ✓ ;�...M.. -."+t'i f" � - w- �'�, 4i' � `Kv: a.^, rc 24 cT.P, r �^w.'T �O �s f nn ! yxd. t m G:i t t m ,r K3 ,{a,,.irra si `x,r�a+ y> •"'it'� r2i:. -X;•i�r § t .f: t�1•' t .Si . 1 `�-, S T , 'rw ,t�.2a X1,2 spa-'�'' �h`� ;lei 4'.'.P R.-?4..Q. /G.r "+*' L+ ! .r� .'! 4 k'4�v.Y..-� "�' �. � 'S'> -..$:_` � �f.�i'�- ' °a•, 13 Y :, 1 71 15 s Y&w 1$ r l A �.t'....cam ....x: .. �iir '4 -J � 4a B.•�S•�o- }`'t'ti�aL,'? ti �P `.19 �"y^U+ ( .^` ♦t.P+ a�v,v t^ry. Ty r 61 f 3 ro ti I _jy. �! .� i y.-� .5 M �''P^'.l �`• 1�` tv»/ SrsNn _S4 Y iPn -x-. � 2-11 G '. y f y 'tid` r n"i'GA,?", ?�.� � ..s-�...r. �.�x'nA` `�tl. . ,fi y:`�x..,.t?,.v.'s'�'"*�.,. ..aC':E' i, ♦.;a'ca.40� 0 .:.>M _ ..-f'r ' p.y r!bye 4 aV'., ! i✓ "�, a M,•` 3 �.Lui .Y ° f c a y "t 2:Y y fi: u ;7i roa N� m 9..t,. 2B'a? i r_,,., rF., t ,„::'o w' k .> fir' ;f=• §, .z z.� "4 7. ,`~,' *;„c :, , s {�+',, aN M 1 x 27 L = w sy r � a -^� z - vs f :is �..e92s ,� :} 1 �, ""r s:•'S� n a> ^y a M r'X' fi!. a' 4i, :;:.u. :k'..'m'.z, °fix, . ><�i;r° *"�'.,.,.:-.,aA. ,: ..:.t, ” c v»I. ..:; '.•:f'.'....NI«:'I's*: ra.5w''x, .. . '�-:?s� . �e'>" .y t . ,"'4° „* "..Ye :`v` '`y,.,;", 1r„•.. -�i' r6*'x WRITTEN BY "TOTALS, t ,),;,,,r I•hereby authorize the above work and acknowledge receipt of copy Signed X e "' P.O NO, PARTS Phres mtjecr o ovo ce,•?g L © _ v�- . •. nsk}f"�'�"�+s ,_� >' --^ fi'�i '� s LABOR���hrS �l.g7Qc !8 /� :l.,,f Q•C? BRA :P�ER ® SLOAN �_ ti f Shop Supplies ,- tr} PAINT hrs @'8 gs /yip �r' is ., ln T 1 OR� :.��� tPet.SUpplle8 ` ;Towmg/Storage If_ £ ct Ery g w 1840 No Main St �Sublet/Mlscellaneous'= : 8 WALNUT CREEK, CAL: 94596. �C� Y� SUBTOTAL=34 '82- Phone 934-: 934 8575 :x a �p�$ TAx » r :, `.g Phone 9 Direct Llne t E. y r � r { TOT)4LESTIMATE.: 8 `4;g 07 �f'�.•..s',Er����tl`,tAy '°�+13�'�K�r�"Gid� 'rtl�",�s.m1L'�."�`rY� r _ ,i,r 1. . . J & C BODY SHOP, INC. 2535 Monument Boulevard Jack Armas Concord, California 94520 825.3800 Natno / C ohonteC1�304Z•+- Address n C. S Interred by YOyw 4)u2Qcc0 Year&Make Style license ` Mokpo No. Serial No. Mileage Sinew FRONT labor Parts Symbol LEFT loiter Zarb Srr" MGM labor so% sump« Bumper Orb. Feder, Fri. Fender, Frr. Bumper Gd. Fender SbieW Fender Shield Fl.System Fonder Aft. Fender MWg. Frame Iledlewy Hedbp Cross Member NoadI" Dow ibodiarro Door Slebiliur sow" seam Snood seam Wheel cowl Cent Nub Cop Windshiold W.Wehidd Nub a Dryni Dow, Front Dow. Front Knuckle KrwcM* Sup. Door Hinge Dow Hinge Lr.Cont. Arnr Shaft Dow Olay Dow Glass Veal Glen Vent Glare Up. Cont.Aran.Shaft Dow MWgs. Door MWg. Shod Dow Handle LDow Nandlo Spring Center Post Center Feel To Rod Door,Roar Door, Rear Storing Geer Dow Gloss Dow Glass Steering Wheel Dow Midg. Dow MWg. Nan Rinne Roder Ponel Roder pond Oravel Shield Recker MWg. Roder MIO. Fork Light Floor Flow Fra ne Franc Rmd. Wm Dos!p Dos Los Over. Fend Over.Panel / . Q Over. MWg. r Over.MWg. Over.Glass Over. Gina .. Fender.Row Fender, Row Feeder MWg. Fender Nils. Fender Pod Fender Pad Name pleb REAR misc. Nen W. Pahl .. some. side Bowyer 4h. Front Sow some, Lower Bowyer ad. Front Seal Adj. gaslo. Utwor Gravel Shield Trim Led Pleb.Lr. ower Panel J Noadlieing LOA Floe, Up. "nor rap hood Tap Trrw&LidTie X Warty Hoed Hinge TrowA tient Tube 1p w Hood Mitis. Trunk HwwUe Beery Orwwweet Tam L'qM K /ad R Q V Feint Q Red. Sup, Tom Pipe (j Del.Care I Gos Twi LCOOL- if b U Aem Free" Frame LABOR HOURS2;'V 96 6 /Q Rd.iloew. vnwei Fe Ride Hub a Drum PARIS IML.Lo— Fee ReU Ade TAX ZI6 Web'Mop t�rrg TOTAL Msbr Ails. Q Cietck Uldn" ADVANCE CHARGE GRAND TOTAL s .A-Mien . WMm OIL-Overbed S-Skowtion or Repair EX-Eshanp RFbdram U-For Used Fwb 175 70 )e13 ESTIMATE EXPIRES 30 DAYS FROM DATE or summa S (F Oaf! aum O Ln MZA wnQQ Claim Against the Casty, or bistriat BARZCB !O Q.LDYIR` June 24, 1986 governed by the Board of Supervisors, !ne copy or Ims ambant sailed to L► �1s' Pouting ZrAorsement•, and Board notice of the action taken m lour a ail try the Action. All Section referawas are Do" of Supervisor (Paragraph re below). to California Government Codes given Prsuant to Governmeent Gods Beatim Pl3 and 915.46 Please note all sitaraIwo Claimants Steven McCormack Attorneys •a" COL ow Address 1028 Aquarius Way �11N $ 1986 Oakland, CA 94611 ` hoosssts $1, 008 . 30 By delivwT to clerk on ___� Date Beoedveds June 2 , 1986 BY sail, Postmarked anNow • Mark of the Board o pe son 202 carnty ME • Attached is a copy of the above-rated 01&12. Dated, ,June 3 , 1986�RM BAT=M, Marks by Lv-� --yeluty a h no : County counail =I sr (Check only ane) ( ) 'ibis claim oompliss substantially With Sections 910 and IM0.2. We claim FAIIS to comply substantially With Sections MO and 910.2, and we am so notifying claimant. The Board oannot act for 15 days (Section 910.0. ( ) Maim is not timely filed, Clerk should return claim an Vwnd that it was tiled late and send ww-,Ung of claimant's right to apply for leave to present a late claim (Section 911.3)• ( ) Other, Oateds , Bye LZA�77�beputy County counsil III. s Clerk of the Board 701 (1) County Casnsel, (2) Co,mty Administrator r ( ) Maim Was returned as untimely with notice to claimant (Section 911.3). IV. DDATO) (10>fA ay = niamn Ate of Supervisors present (x) !tats claim is resected in =* ( ) Otaers cert y 0—at We Is a true correct copy of the Board's on L asnutss for this date. ;. �� f� Dated, JUN 2 4 lAg hIIL BATOMLDR, Clerk, BY '1/Cf . Dept,Ey Clark VA10TDiC (Gov. !,lode Seoticn 913) Subject to oerWin exceptions, yea nave Daly six (6) months from tans date or this aotix tsar personally sowed or deposited in the axil to file a court action on this Alaimo nee Government Code Section 915.6. Tau my seek the advice of an attamsy of your 0tncios in oonnsetion tdth dais latter. If you rant tLo consult On attoetaey, Ton 0?=dd do so immediately. T. nM& Merk of the Board Wt (1) County Wzss&l1 (2) Cots,ty Administrator AttaI are oopias of the above claim. We notified the claimant of the board's action on this claim by sailing a copy of this documnest, and a memo the:rof had bean tiled Mind endorsed on the Board's copy of this Claim in a000r•darm with Section 29703• ( ) A warning of claimant's right to apply for leave a late claim was nailed to alaisnnt. DATID:. JUN n,.R,,�;.o,lfiII. DITQOILOR, Qonit, By Deputy Clark CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions.`to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911 , Martinez, CA) C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved amps JTElEAl 14 6R"'`kk ; RECEIVED ) 45W fpp`. Against the COUNTY OF CONTRA COSTA) Jam_ a ATCHFWR or DISTRICT) �*r�, (Fill in name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ /0 and in support: of this claim represents as follows : --------------•---------------------------------------------------------- 1. /�Wh/e�n di'Ld/ t:he damage o�r` injury occJuMr? (Give exact date and hour) �6. �71 /9�(Q - - -- -- ----------------------- --------------------------- 2. Where---di-d-•the-damage- or injury occur? (Include city and county) W IL-)IcA-r CANYO-n) 104)) cep/,—�A- Co�i4 COVA*Y ------------------------------------------------------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) 3[01(1,6- if,,iT IVIYTdLE OF n /1)tAT i}No C a aAl r1AA lvlfeei_ r,JENi Stoe-a"T S � / yCL� 'f��PPE1� oJCRD��lA✓Cs ------ -- - ---- -----IAITVAY----- - -----------7------------------- --�-- 4 . What particu ar act or omission on the part of county or district officers , servants or employees caused the injury or damage? ofl) Supoh-c r NOT N#1A)7AIAiC')lctoal)r . (over) 5. What are the names of county or district officers, servants*_!or-.: employees causing the damage or injury? ------------------------------------------------------ 6 . -What------dama----g-e--or--injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto Q ,1,,age) SA/C2CZ-Y SPR��NC � Sffrh/L�t�2 (Akkal) R►gS Cc1TJ' [./kt�¢TiG�s RG�C1d�R��/6S'uTJ.tES CS v 1,TE) I si 1." B F,= Flom Lv of k roR_ 0A/e- 1,dZJ7 t N131 yaE 1i0w&6-4AA5 ------ - f5 e)T --.--H-o-w-w--a-s-the---a-m-o-u-nt--c--a-i-m-ed--ab-o-v-e--c-o-m-p-u-t-e-d-?' (Include th-e-e--stim-a-t-ed---- amount of any prospective injury or damage. ) 4 00 ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. 36V62T FILVP 0A1 P*7- A50%0 c AY CJ,-;f-57- 6hy AW Pouch, �✓/}r►?b`S dG �,�1 rT A/t S S�5 l/.I/�'NoWA� . A7- 1C4 isc=2 /7�jP . 0W0_L*N1) ------------------------------------------------------------------------- .9. - L 9-t "the-expen itures you made on account of this accident or injury: ;DATE : ITEM AMOUNT rEj �� Pdl�� 3 , l5�6 UN+�Rur c�d�Gc_ 9S d,-- i Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney vacmm. t Claima is Signature 162-1F -6goAalas Address Telephone No. Telephone No. 2-9VL ********************************************************* *************** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer , or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " ELLIN �� Op wFumatStS QdM-cm- own, AND AS GOVERNING BOARD OF THE CONTRA .CQSTA COUNTY FLOOD _ CONTROL AND WATEf. SE VATION DIST go CLQ! June 24, 1986 Main t�sert tae County, or nist�at � oe+a�s�E—tMEP to !a �o�' gi,veraed by the So" of Supervisors, so avy 310AIDS Indwe menta, ane Scare notice of the action taken an Ivnr by !ht Action. ill Section referenoee are So" of SuPervielars 0WINVISO IT Wulf) to California Government Codes wd 9Z5040 12PNVUant0 Dou allt Code rniw on l3 Claitantt Marty Ostenberg co" c0!l w Attovasys Jeanette K. Shipman Sterns , Smith, Walker & Grell AN 04 1986 Addrasal 280 Utah Street San Francisco , CA 94103 H deli r d " . i�ett $1 , 000, 000. 00+ �+ ivw y � la" lulu May 28, 1986 pste.Beoeivae: May 28 , 1986 By tails Oostser all an . erk the FoOd of Supervisors lot URY aiama attached to a copy of the above-DOW claim. , Oatedt _��.nP 3,.._ 19&6—PM lIATQiOAIt, Qee'1c, �' s y : Mark-elf , (Check only ane) (X) !leis claim oomplies substantially With Sections 410 ted 410.2. ( ) This claim FAILS to comply substantially With Sectiom 410 WA 110.2. Wd ware so notifying claimant, The Board cannot act for 15 days (Section 1Q0.8). ( ) Maim is not timely tiled. Clerk should return claim on Pound that it w filed late and sena warning of claimant's right to apply for leave to peysent a late claim (Section 811.3)• ( D Other: noted: _t,11_(/_. / - BY: i-c In PM: Clerk of the Board ZDn Cl) Cowty Cwzael, (2) County Administrator • ( D claim ram returned as Untimely With notice to claitant (section 1111.3)• Io, BDAND Olt By unanimais vote of Supervisors present pCD 2we claim is rejected in fel. ( A Other, y that s to a true 0onvct copy of the 'a Order entwoled 111nvtss for this date. BAT 2 D ����-�- ateds t1N d tee5r 1411E CFffi.OR, Clerk, 11� . Bepyty Clerk SAM= (Gov. code Solution 943) Subject to certain esoeptioos, yon have only six (6) months Bram the date of min notice Was parswally served or deposited in the mail to file a court action an We claim. Sell Cove:zment Code Seotiao 415.6. Tau my seek the advice of on atta wy of poor atalas in ooenneetion evitb this matter. It You rant to consult an attars g �Whadd do to mediately. •. nM& Clerk of the Board m: Cl) CmMty ooUnsal, (2) County Adaiaistrator action ttaCh4d am aimon6yi 0 of thea�copy claim. We aotiried the claitant of the Boardfa nB of this document, and a mss thereof has been tiled and andaread on the Board's ecpy of this Claim in a000rdanoe With 34etion Zr03• ( 1 A Morning of clalsont•s Moist to apply tar Ift Vol to ent a late Quin Wu tailed --biTF�n�J S M S►T EUP. Clark, By.C1'f O.., Clerk A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Ostenberg 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 claim nt is• Marty Ostenberg tiJ, 1013 Barbara Lane RECEIVED San Pablo, CA 94806 �( 2. The address to which notices are to be sent i Jeanette K. Shipman LAW OFFICES OF IL gAT HEIOR STERNS, SMITH, WALKER & GRELL s PERvsoes 280 Utah Street T nc AC ' ' San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1013 Barbara 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 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 27, 1986 JEANKWE K. SHI N Atto ney for Claimant W22-A i i i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ; o ( 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity to build, repair and maintain the creeks and other drainage systems to prevent future flooding; (m) Interest on expenses and damages ; and (n ) Damages I-or other injuries which are not presently known. spablo.rpt OLEN Dann rs ern+ VIM Q► Aw �Slt �fTi, dL Claim wrest the pamty, or blArlet BdlICC !0 Q1=W June 24, 1986 governed by the board of Supervisors, ro w" s z healed tois user pouting Q•,dorsements, and Board echos Cf the aottiim taken cc Fur s� by the Action, All Section referanose we gard of Supev'vimftrop o to California Government Codeb Sivao pursuant to Goverment Coda Bsotiaa It3 and 115.4, !lease acts a1.1 '!inosine'• Claimants Janet Paige C" ftW Attormsys Jeanette K. Shipman JUN 0 Sterns , Smith, Walker & Grell 41986 Addr uss 280 Utah Street San Francisco, CA 94103 hand delivered Amounts $1, 000, 000. 00+ ft delivvy to clerk an May 28, 1986 Date psWV@ds May 28 , 1986 By wilt posburked Cn 77, FXM.--Merk if the Board of SuperVINN'S lot CRRY MEMO Attached is a copy of the above-noted Gala. Dated, June 3, 1986 !'l3Il. BATOM06 Clarke By : County (Clock only me) (�I 7bis claim osmplias subvtantially with !,woos SO end IM0.2, ( I Ibis claim TAl1.S to comply substantially with Sections 920 end OM0,29 and Ma ars so notifying claimant, The Hoard Cannot act for 15 days (Seetien 910.8), ( I claim is not timely tiled. Clerk should return claim m ground that it was tiled late and send warrsin� of claimant's right to apply toe' leave to pwent a lata Claim (Section qu 31. ( I Othrs Dated s liLE- By= t- PAY ty We !!K'!!: gsrk of the Board 20s Cl) County COMAGl e (2) County Administrator 0 ( I claim um returned as untimely with notice to Claimant (7eetim ques)e IT, Mph® Ght'DfA By unanimam vote of Supervisors prsaant 0 2Ws maim is rsjectsd to !kill. ( I Olars cert y—that Me Is a love iM oorreet copy ofthe Hoard's en L ad for this date. C'�'` � � nateds J��Y 2 4 1999 hill, BI1'!'Q'�.0�, Cisrk, By . 00pnty Qrr1c VAX= (Gave Cods Ssctim IM3) Subject to 0ortain sweptiooe, !Cu haw Daly six (6) months frm the data d Sista aotioe was personally served or deposited in the axil to tale a Cart aotim an this 011"# ase Governmsot Code Seoticn 945,6. Tau My seek the advice of an attormy of lour ahoioa in canoe Im 111th this setter. It you want to 0oasult an attorney, ycu should do so imeediately, 7, VMS Mork of tbs Board IN (l) Owinty Rusk# (2) County Administrator Attached are copies of the above alai,. Ve aetined the nlaisant of the Board's aetion on this claim by sailing a Copy of this doeuaxat, and a 0=0 theirsof has been tiled and andorsad an the Board's Copy of this Claim to a000edanoe with Section i9Y03, ( I A wrning of claimant's riot to apply the' leave to t a late alms My soiled a1TFas"J*"1�86 ?M BITOMLOR, C,lrk, by any Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Paige v. Contra Costa CountyREC ..DIVED + �J TO: Contra Costa County MAY aI' 1986 Clerk of the Board I !(go P.M. 651 Pine StreetPMLL CF.%HELC: LEEK 9SIi P:;.•.,;-' Room 106 C G J C6Si, f u 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: Janet Paige 1239 Brookside Drive 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 1239 Brookside Drive, 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. May 27, 1986 JEAN TE K. SHIVKAN Attorney for Claimant 3025-B i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ; r" ( 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt �Or 3JPetPI�tS Q QUA mom- lin aosiA AND AS GOVERNING BOARD OF THE CONTRA .CQSTA COUNTY FLOOD OW CONTROL AND WATEg_ 0 SE VATION DIST 1986 Clain net tee Canty, er KAK 10 %&= June 24, toveraed by the Board of Supwrvisars, "a onor-we edto !s pen pouting TAorsementa, and Board aotios of tee PCtim taken m dour b! tbs ss Action. All Section refww)oars Board of Supervisors (Paragrepla I $ balw)q to California 0overnmrnt Codes given psrniont to Goverment gods Notion !13 and 915.10 Hansa note all widarnbwe C1aiPante Janet Paige Attoresyi Jeanette K. Shipman) Sterns , Smith, Walker & Grell JUN Q-41986 Addreass 280 Utah Street San Francisco , CA 94103 �,d Asouznts $1, 000, 000. 00+ ByHid7rOPlrlc en May 28;"I9E Vote 10001Vedi May 28 , 1986 B' =110 postaatked an . • VV4K. -Mork iZ the WiUd of SupeRIMM wi y Maim Attached is a copy of the above-noted claim. bateds --June 3. ] 9 L PHIL BAT ELOR, Clerk, 97 • : y cmwel Ms er Mock only one) 00 We claim ocmplieo substantially with SWUM 210 end %O.Z• ( ) Anis olaix PAIlS to oamply substantially with Sectiosm 910 end X0.29 Pad ten says so notifying claimant. The Board owwt set for 15 days (Section 910.d). ( ) Claim is not timely filed. Clerk should return claim 0n Paand that it res tiled late and send warm of claimant's right to apply for leave to present a late elaim (Section 411.3)• ( ) Others bated: Byi I DOPAY County Murwel III• FkH: Qork of the Board IN (1) County Cousmel, (2) County Administastar • ( D Clain was retwod as untimly with natioe to claimant (Sectim o1.3). I9• Mw SBR By unanimous vote of Supervisors Present (SC) Two elaim is resented in full,. ( ) Others ourury-ast, Me is a taws W 00"wt Copy of Um •s &4er era Pdnutes for this date. hated a JUN 2 4 1986 "M IM740MO, Clerk, By tDeputy Clerk YAMM (0or. Cab Ssctiao 9R3) snbsect to OwNtain 020epti0115, Vou have hely aiz (6) 2cnths foam the date or th1 noti0s res pwwnL ly aervsd or deposited in the sail to file a court actin a4 tbL& a oils, baa Goverment Code Section 915.6• TOu Pay seek the advios of an attarn.y of your ahoios in wanelan •9th this Patter. If you rant to omrat Rn 9tt0reey, 7m should do so irmediately. •• "Mi Clerk cf the Board Ws Cl) County Counsel (2) County Administrator Attadad are eopias of the above Quin. We notified the claimant of the board's action CO this claim by mailing a Copy at this document, and a memo thereof bas been filed Md w6weed m the loardta copy cf anis Claim in a000rdanoe with 301ftim 28703. ( A eosins Cf a abant•s right to apply fbr leave.to t a late 0192 was mailed a►' Mitoj 986 �, UT.CMUM_. Clerk, py C � aDAY Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Paige 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 claiman ' Janet Paige 1239 Brookside Drive RECEIVED San Pablo, CA 94806 MAY �-i 1986 2. The address to which notices are to be sent is : Jeanette K. Shipman PHIL BAC LOR LAW OFFICES OF C ARD UPPRwsOR a TA STERNS, SMITH, WALKER & GRELL a .... .. . 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1239 Brookside Drive, 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 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 27, 1986 JEANPr=.--SWIrNAN Att ey for Clmant 3025-B CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity failed to develop, design, require or demand an adequate design and construction of a drainage system for r.e.sidents in the City of San Pablo, and failed to warn of impending flooding ; (c ) Said entity 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 ; 1. (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property ; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt mm Q wmmj S cr t2KlRA ma' w—MMA maimW� Bas �tys w District Blanes !p QAD= June 24, 1986 tovsszi*d by the Board of jupervis"t The eopy s Owument maned to Iao Is tuba Ro�rtit�g Q�dorsemessts, and Boatel aatios of the MUM taken m ��eiMaltS Actino. All Statim referenoer arc boas of Sup,rvin wwwvenment Cods >Iteti68 �3 to Calitart,ia poverrtment Codes � 915046 plum note all afiamwLe e Qaisants Esequiel G. Romero raw* BIAS@) Attanssys Jeanette K. Shipman Sterns , Smith, Walker & Grell JUN U 4 1986 Addraass 280 Utah Street San Francisco, CA 94103 hand delivered Ammots $1 , 00'0, 000 . 00+ Br dalivery to clerk 6n _ May 28 . 1986 Yate Beoedvedt May 28 , 1986 By 4411, pabsar sd an ark o pe sons s y Attaabsd is a copy of the above-noted 63418• Baths June 3 , 1986 1!M ZkTOMM, Mark, 'my Vwl-county Counsel TOS' (Check only one) (\A 2his claim oampliw substantially With Sections 910 and 910.2. t I This Claim FAMS to oamply substantially With Sections 910 and 910.29 end w aero mo notifying clalmant• 1be Board Cannot act for 15 days 0eatiao 910.$). ( I Male is not timely tiled. Clerk should return Claim on ground that it was t1W late and bend wwmlrs� of Claimant's right to apply for leave to present a late alms (Seotion 911.3). ( I Othsrt Oateds ( _ 777DBys is >�.ct �,c�� DuiY ty III. > !s Clerk of the Board Sp: CO ty Coutssal, (2) County Administrator t I Claim w returned as ,,,timely With notice to Claimant 4lection 911.3). I9• 05= am By unardumn vote of Supervisors prwat txI This claim is re joeted in tulle t I Others y that 51s Is a true sa ootrect oopyof SA atttutss for this date. � !i/�� DUN 2, d Dated, Jtngr RM BUTQEAMork.eno, joy R'/ • �P�7 Mork W1a M (Dov. Oode section 913) DA3e0t to Cartatn esoeptiaos, !as have Only ars (6) months tm tAa date gr tUs motion W" parsonaliy sawed Cr deposited in the mail to file a cart actiac m this claim. Sat Government Coda Station 915.6. Tau may NO the advice of an attocary of par oaoioe in oonniaction Witb %Tela matter. It you want to *=mat an attorney, you ahatld do so ianediatelye v. nm' Clerk Cd 190 Board Ips (1) 00=4 OXMel, (2) Consty Administrator Att&dW are Copus Of the above claim. We notified the claimant of the Boardts action On this *lain by mailing a Copy Cr thio doomt, and a now thereof has been tiled Wd a aw"d = tae Board's Copy of this Claim In a000tbaaoe With Section 29'(03. I A msts1r4 Cf GuLuL.* a riebt to gxay for leav(a *.ft- s/sant a late CI4la No mailed >K'i'MELM. Mar*. aw Oma ' CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et s re: Romero v. Contra Costa County RECEIVEI� TO: Contra Costa County MAY�B 1380 Clerk of the Board I'CoPM• 651 Pine: Street PHIL r�,rr."`{°"' LEnKA 'II Q,SII�z,^. •-_-� 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: Esequiel. G. Romero 1005 Barbara 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 17, 1986 at 1005 Barbara 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. May 27, 1986 '''\ JEAN95PTE K. SHIPMAN Attorney for Claimant 3027-A J CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property ; (e) Said entity 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 ; l (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 ) 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt orS�F'lQmm Q AW w= OmTi, f1tl.Zl m AND AS GOVERNING BOARD OF THE CONTRA .CQSTA COUNTY FLOOD _ CONTROL AND WATE�t_ 0 S NATION DIST June 24, 1986 Maim whot the County. Cr Dieu governad by the Board of SupwTiaara# The copy druis awmant wiled to to Par clouting w4cro menta. and ward motion of Ube notice taken m josr bl no action. All Section references are Board of Avervis" oparowwh i7, gym) to California QovernIDent Codes agiven wd 115.`Ps'M& note � Coft�0Section 3 Mems Esequiel G. Romero ,. Attorms Jeanette I.C. Shipman co"CPAW Sterns, Smith, Walker & Grell J�� Addrosss 280 Utah Street 41986 San Francisco , CA 94103 e�ndd • Spowts $1 , 000 , 000. 00+ �rHalaliir 1 roPliNc m - May 28, T E Mate Beoeieds May 28 , 1986 By wilt poabor kd on Now . erk -of Niperviii6m� lot Attached is a copy of the above4x*ed 03ais. Bated& -Tune 3 , 19 gL,HIL BATOffiAR. Merle. By s County Counsil 7N MOM or Uw 10 fir supwwaors (Check Only One) (� ,Lis claim omplies substantially With Sections 910 and 910.2. ( ) We Claim PAns to oemply substantially With Sections IMO and 910.2, Mad tis era ago notifying claimant. The Board cannot act tar 15 days (Section I&O.d). ( ) Maim is not timely filed. Clark should retum Claim on VVwA that it w tiled late and send wning of claimant's right to apply for leave to present a late Claim (Section 911.3).hated: 3 tib- _ aY= c�;�� c e DAY t7 ELI. n6is Clark of the Board 701 Cl) Clomty CarAel. (2) County Administmtor ( ) Main was returned as muscly &lith notice to olaiumt (Section, 911.3). I9, BDiA1t'D By Unanimous Ate of Supervisors Present (X) This claim L rejected in tltll. ( ) Others ealUt,� y-that ERs s a true oorreot copy a Wn bateds Julq f 4 1 s RM UTC�.OR, Mark. By ��� • 90P3t7 Clark wV= (Gov. cob Section 913) Bubject to oartain asoegtiaa, you haw Only Bis (6) sontha ten the &to Cr tbLs aotim NO pe�wrAL ly swweed or deposited is the aril to the a nowt Motion m tdia Qlals. an Goverment Coda .Section 945.60 lou sty soak the advice of an attorney of jar Choioa in oonrnection tdth tuns &attar* it jou want to Consult an attorney• jou should do so (mediately. .. 2BCi: Clerk et the Board TDs CO oa Oty Owwol a (2) Winty Administrator AttodW are Copies of the above claim. We notified the olataant of Ube Board•a action on this nleSm by mailing a COPY Of this doeimeut& and a now thereof has bM tiled and endorsed m the Boardwa copy of this Maim in accordance &sith Section 29703. ( ) A wrsirsg Of elaimantfs rigbt to apply rbr laaw to t a late class Mas ruled AITID: lBZL BiTC M1, Clerk& Bir BeR�y Clerk n CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Romero 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 Esequiel G. Romero 1005 Barbara Lane RECEIVED San Pablo, CA 94806 / 2. The address to which notices are to be sent i : Jeanette K. Shipman LAW OFFICES OF 1r, BMIL�BpAT °ERvisO STERNS, SMITH, WALKER & GRELL B\�` ACV C 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1005 Barbara 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 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 27, 1986 JEA9FATE K. SHIMAN Attorney for Claimant 3027-A CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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 . spablo.rpt • 'f AItO Q wrons s or dM CDdil Ali. aiRM AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD CONTROL AND WATERR,� QO S VATION DIST June 24, 1986 main h�iret the OoUnty• or Sia aw ocuaen ed to 4, lose' dove:sed by the �oar'd of SupeQ'*isae+s• eta am1loutir4 ftdoreamenta. and Board notice of tae action taken On lour by tas Ietiao. All Section refarenoes ars Bo" of �'eib" oa�p IT 6") to California Gownuent codas given pamnaant to Coves�ent bode S.otiDe i:L3 and 915.60 Annie note all sitandrp'• Claimant! Kristina Baumgardner, a minor C04% , AttorTMI Jeanette K. Shipman JUIV Sterns , Smith, Walker & Grell0444U.. 41986 Addrsast 280 Utah Street San Francisco , CA 94103 81powtt $1 , 000 , 000. 00+ Bytes�1ii 1 ' ropl;rk On May 28 , I986 sfail =late geosiwdt May 28 , 1986 By • Posbuffed an . erk R REZ3 or Supervisors lot METY Attacbsd is a copy of the above-notb oLis. Dated& JIMe 3 . WOE=, Clerk• By LFA7 FACHt y Counsel 70s Mark (Check only one) iltis claim complies substantially with Sections 90 W4 910e2e ( lois claim TAILS to comply substantially with Sections q10 and 910.29 sed re era so notifying claimant. The Board oannot act for 15 days (Section 910.8). ( ) Claim is not timely tiled. Clerk should return claim on ground that It was filed late and send warnl of claimant's right to apply for leave to p-eseat a lata claim (Section 911.3). ( ) Otbert bated, vs-e .l Syr -<_ P Y tY We Ms Clerk of the Board TOS Cl) /ty Counsel• (2) County AdministratDr ( ) Claim was returned as untimely with notioe to claimant (Sectim =e3)e no By utardwo vote of Supervisors prermat 00 2leis Dials is rejected in full. ( ) Othsars owls y that s Is a true ER Sll'1'CioorrectoopyC�x t��e cep � 1 elate. Dated, "M �Alt. Clerk By • Bsp��-CiiiMc VAMM (Core Cods Section IMS) Subgect to asrtain ssoeptions• fou have Only aim (6) sonthe firm the dicta of this lotion mai personally served or deposited in the til to file a ocwt lotion an MIS Dials. See Govar=Mt Code Sectiao "5e6. ?a nay seek the &MOV of an attanny of yar choice in ooaneetIon tdta Eng Patten , If you want to consult an attorney• yeah should do so immediately. Ve nMt Clerk of the Board IDS Cl) ommty oouMU1• (2) Coashty Administrator Attached are copies of the above claim. Ye notified the alaisant of the Board's cellon Drs this claim by mhailing IS copy at this documents and a loran thereof nes bei filed WA eWw"d Drs the Board's copy of this Claim in toow&r"*a with SseticD 29703• ( ) A sliming of elaiment's right to mpay !br Isays ant a lata outs was tiled DITIDa_ UM'30196 Hn BITMMIP Clarke By yepttty C.Ierk 0 .a i, CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF , Government Code, Section 910, et seq. re: Baumgardner 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 claiman is: ((�1 Kristina Baumgardner, a minor By and Through a Guardian Ad Litem 2180 Giant Road RECE VED San Pablo, CA 94806 2. The address to which notices are to be sent is: ;N( � 1996 Jeanette K. Shipman LAW OFFICES OF Mll lA CHEIOR ClE! ARD F ORVISOR STERNS, SMITH, WALKER & GRELL a TA . . .. . ..... ... . . 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2180 Giant Road, 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 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 27, 1986 JEANETT K. SHIPMA Attorney for Claimant 3012-C t CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 ; i. (d ) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property ; (e) Said entity 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 ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; (1 ) Equitable relief requiring the said entity 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. spablo.rpt CLM .� Mpgrrim Cr MU Doan toMM—-. - Claim Ag rat the Cowty„ or blAriet MMC sp Qin! R June 24, 1986 governed by the Board of Supw i•a'•t ice am eflaze-156iiMt mailed to Icu is feu' Routl4g VAorsament•o and Board motion of the Annan taken on Bar sum bY tts Action. All Section refarenoes are Board of avec-d•or• re bdalt to California Goverrment Codas Dim prsuant to Govev"oesnt Cod• Denham IL3 and 315.%. Flow note all owe" tap'. Claiaaats Kristina Baumgardner, a minor CountV tknortn Attarmys Jeanette K. Shipman JUN 0 4 1986 Sterns , Smith, Walker & Grell Addrwas 280 Utah Street San Francisco, CA 94103 hand delivered heausts $1, 000,000 . 00+ By delivery to clerk an _ May 28 , 1986 . nate lwdveds May 28, 198 6 By Milo postmarloed an . er pe s0e's 158 cowty Attached is a copy of the above-Doted claim. , natedt June 3 , 1986 p, gATOMM9 Qrks Vy . IMS y : mark3001M or , (Check only one) (7CI Ibis claim oamplies substantially tiith Sections 910 end j&0.2e ( I !lits claim FAILS to oamply substantially With Sections 910 and gi0e29 WA Vs are so notifying claimant, The Board cannot act for 25 days (Section 910.0. ( ) Claire is not timely filed. Clerk should return claim an ground that it Was !'ileo late and send rrarnin$ of claimant's right to apply for leave tpr o exe nt a late claim (.Section 911.3). ( I cu ars Dated: c By: tom- C C�c�� putY ty IIIo tl ws Qerk of the Board 70s Cl) County Counsel. (2) County Administrator ( I Main was returned as untimely with notice to claimant (Section 341.3)• I9, 3o= G1ia)r8 BY wardmous vote of Supardscre present O(I rats claim Is rejected in full. ( I Others vert! y that We Is a true and correct Dopy 's eo is ares fir this date. nateds JUN 2 4 1986 !tone DllMELM, Clerk. a, : . deputy Cirrk W10 M (dove Cc& Swum 113) Dubject to certain emeytioeao you nave only six (6) wntlsa ftw= the dato of thla motive was pw'sosnlly sareb or deposited in the sail to file a cart aotim m this olasa. Dee GOT01=e10t Code Scotian 945.6. You Day seek the advice of an atta"y of for ohoioe in 0011w IM Vitt ULD latter. If you tient t` 0001141t an att*rzwy, lou should do so immediately. •e MMS Clerk of the Board 4RDs a) County Owmel, (2) County Adaintstrator Attached are copies of the above claim. Ve notified the claimant of the awdis action an this claim by mailing a copy of this dMOwt. and a 1+020 thereof has been filed anC todaraed m the Board's oM of this Claim in a0ooedwm Vith Sectim 29703• ( I A maraing of c alman •s Ulm to awy rw leave t a late claim Na to no iled N� n igAR FAIL KTM DR. Mork, By ' Deputy Clerk 0, CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABL E IEF Government Code, Section 910, et se . RECEIVE re: Baumgardner v. Contra Costa County D Wd F 1986 TO: Contra Costa County 11:00 P.M Clerk of the Board PHIL SATCHeicz URW 9 PI)OF 5p ':::ZZ 651 Pine Street c0 4CO5 �1 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. 1 . The name and post office address of the claimant is: Kristina Baumgardner, a minor By and Through a Guardian Ad Litem 2180 Giant Road 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 17, 1986 at 2180 Giant Road, 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. May 27, 1986 JEANETTE K. SHIPMAN Attorney for Claimant 3012-C CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief . requiring the said entity 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 . spablo.rpt AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD —�_ CONTROL AND WATE 0 SE NATION DIST LAXWT June 24, 1986 Geta d by the county, or rvis et � . oc+mea� ed to !on to � tovers:sd by tine Board of supereiscs'a• eLia Routing hI#:dor mets, WWI Board mottos of the arcticn taken cc b Actin, All Section references are. Board of Avard"M Two LeBow)# to California Qom t l7odss ._ Shea prsuant to GoTwMant cods section 913 and 115.4. please sots all Wdan*wp. Claiannts Keith Baumgardner COUMy CONSAI Attorneys Jeanette K. Shipman JUN,O 4 1986 Sterns, Smith, Walker & Grell Addreass 280 Utah Street *ttH"LCA" San Francisco , CA 94103 H Amounts $1 , 000 , 000. 00+ � i de irad�,k May 283 1986 Bata Beosivasls May 28 , 1986 By mail, postmarked on ark of jupervimrs s AttaCW is a OoM, of the atovs-noted dais. • n .T ateds una 3 . 19 SE, LFIII. ORTO'IB.AR, Clerk, BYhIty • : County s sr (Cheek only one) (XI This claim ocmplias substantially with Sections 910 asd 910.2• ( This claim fAn.S to ocmply substantially with Sections 910 and 910.29 and we ars so notifying elaimant• The Board oaennot act for 15 days (Section 910.e). ( ) Qais is not timely filed. Clerk should return claim on SNXM that it was filed late and send warrni of Olaimant's right to apply for leave to present t late claim (Section 9,1.'1.3)• ( Others Bstedt G, v/�41 G7 7777 By: c c 1 poly ty Mim III• !hal: Clerk of the Board TD: Cl) County CiMINWI, (2) County Administrator ( Main was returned as v ntiaely with nottoe to claimant (3eetion 911.3). IT, BGAlm vtbiA By uena dw m vote of Supaeroisors present U` We claim is rejoeted in 11c.1. e� y�� – s s a true correct copy B4Otine v s an L wildAsastedl -UNITi this PF= SATCFISAR, Mark, By nC y�2�� � . deputy Clerk VAitl M (Gov. Coda asatian 913) aAseet to oertain meptioos, you cava Only siz (6) months pram the date of lots hobos w parsaenally served or deposited in the mail to file a court actin an tats algia. ase Govercment Code lection 945.6. You may seek the advSos of sen attorney of your d oioe in connection VIth tale tatter. If you want to ocasult an attor%ey, you should do so iamedtataly V. ltWs Clerk of the Board INDs tl) county counsel, (2) county Admiatstrmtor Attached are copies of the above alaim• We notified the olaisent of the eoardis action an this claim by sniling a copy K this dooummt, and a moo thereof has been filed and endorsed m the Board's copy of this Claim in acoordanoe with asetiOn 29703• ( ) a warning of aLdaatnt9s rigt t to apply tics lean to ftlafm tpr/went a Sate alms was mauled --n►T=s J 1986 NILB�ITOOI,OR, Mark, By 1 ✓� _ . _ . oepoty Clerk q CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Baumgardner 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: Keith V. Baumgardner �� 2180 Giant Road San Pablo, CA 94806 RECE VED 2, The address to which notices are to be sent is Jeanette K. Shipman MAY a 1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL 280 Utah. Street nHE OR en ARp C pE{ryKOe San Francisco, CA 94103 a .. .. .... ..... .. .. .... . .. 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2180 Giant Road, 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 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 27, 1986 JEANETTE SHIPMAN Attorney or Claimant 3012-A CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; lois 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 ; (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 ) 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1) Equitable relief requiring the said entity 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 . spablo.rpt Cr BMW June 24, 1986 Main wrest the County, no bistriet Ch; !o A14Y1R o w, to o_ governed b7 Ne Beard of BuDsnisara• Us copy1M. o the action taken en 7mr dal 1lotirtiag gndorsewmts l and Board go" of sons varagr o IT. bda)t totiion, cu11 Section refatCodas mwes a" 5tven Pto Qoewumt Cods dim IL3 ane 915.40 !lease note all gkmiwe C1a12ant: Keith V. Baumgardner County Counsel Atto-sy: Jeanette K. Shipman JUN 0.4 1986 Sterns , Smith, Walker & Grell Addrws: 280 Utah Street oftathaw San Francisco, CA 94103 hand delivered `owtt $1 , 00,0, 000. 00+ BY delivery to clerk an _ May 28 , 1986 . Dau Beod"d: May 28 , 1986 ft mix postmari:sQ an . sr o NPiRISOM : ORRY Att dwd is a copy of the above-noted alala. a June 3 , 1986 pm BATQMLAR. Clarks By = Y = sora (Cheek only esu) (xj !lits claim o®plies substantially with acetic» S0 WA IM0.2. ( ) JWs claim TAIIS to o®ply substantially with centime IMO and 910.2s Ord We Sen so notifying claimant. The Board oannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was tiled late and send wama of claimant's right to apply for leave to present a lata claim (Section 9111.3). ( ) Others Dated: rV, By, Dep ty CtimEy MzRi III. !!hart: Qerk of the Board TO: Cl) County Counsel• (2) County administrator ( ) Claia was retwT*d as mtisely with notice to claimant (Section 4L1.3). IT* mm am= Dy unw dmous Ate of Supervisors present (X) Jleis claim Is rejected in frill. ( ) Others Geritity—tiat this Is a true ba oorreot OM of Up 's no is cin s date. Dated: .G 4 198u }tIIl. BA•tateot+, Clerk. Ry Y r�� • Vsputy Clerk VAlO M Move Coda aecticn 913) Object to certain esoeptioas, you have ady six (6) aonths hm ttr &te at tUs notice w pwwnally sarved or deposited in the sell to We a oourt aotim on this Glass. ace COTWammt Code aeetien 415.6e fou say seek the advice of on attorney et your ohoios in 0020etion Idth this salter, it you cast to 000snit an attorney• you should do so ismediatsly. •. nM% Clark of the Board JDs a) CMMtY Counsel, (2) County Administrator action ttathh0d am aim�yi selling �bode claim. We notified the daiaant of the Boardts bad On CM this on claim Boards OM of this doc:mmt• and a samo the3reot has Oven filed theDOPY of this Claim in a000rdaaoe with Section 29703. ( ) A raising of a9mantwo rigbt to qpgy fbr leave to t a tate eslais was sailed AITID:to a !1ffi. B►TQffi�R• Clerk• By = DtPAy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Baumgardner v. Contra Costa County RECEIVED TO: Contra Costa County 11'3,y C4 1986 Clerk of the Board 1;pp RAA . 651 Pine Street EAK�HILBATCRD OFHELOR LI ISORS Room 106 s c RA COST V oe w 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: Keith V. Baumgardner 2180 Giant Road 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 17, 1986 at 2180 Giant Road, 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. �J May 27, 1986 X JEANETTE K. SHIPMAN Attorney for Claimant 3012-A l � f, CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity 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 ; (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 ) 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1) Equitable relief requiring the said entity 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. spablo.rpt Rom or 97.titS OT COM am=, eftna-M AND AS GOVERNING BOARD OF THE CONTRA .CQSTA COUNTY FLOOD CONTROL AND WATE �O SE VATION DIST ,� 01 f June 24, 1986 QaL ABsinst the Co>,rtyo m �st�iet or-me ot��n ad ZO is toveraad by the Do" of &Parvit"s the copy Par flouting @'docsements, and Board Mtioe of the action taken m pas' by aw Action, All Section ra Worcs are board of Supervisors (parap"apa !p9 boleti) to California Government Codas given prsuarst to Qover um nt Cc& Seotiae �3 and 9150%0 Please Ont. all 'Yandmr tog*Cok w Qaiastirste Tommy Westbrook, a minor. Att .Ws Jeanette K. Shipman JUN 04 1986 Sterns , Smith, Walker & Grell Aft1IRw.CAjw , Addraats 280 Utah Street San Francisco , CA 94103 Als:ts $1 , 000, 000. 00+ �Hi dell ir�dl,k May 28, 1986 Milo Date beoed20001"d: May 28 , 1986 joys Petaarksd an erk if M Board of NiPe"190M tog County Attaoaed is a copy' of the above-noted 012113. pateds June 3- 198 FM IRTOMLDN, Mork, by Q WCM: County e (Check only on) (I�) !lits claim complies substantially with Sectiow 9110 And 9110.2. ( !lits claim ?An.S to comply substantially with Sections 9110 and 9110.25 aid We an so notifying claimant. The Hoard cannot act for 15 days (Section 9110.x). ( ) Maim it not timely filed. Clerk should return claim on VNUd that it Was tiled late and send warnsof claimant's right to apply for leave to prseut a lata claim (Section 911.3). ( ) Otbare nateds By: L-c_ AJ _r. ' c. JiA- y counFy, v' III. IM: Cisrk of the Board To: (1) County Counsel, (2) County Administrator ( Main wu returned as ontimly with notice to claimant (Aeetim 9111.91). Ill. soMD tlt92lt by unanimous vote of Supervisors present (5a psis claim is rejected in feel!. ( A Others a yo4that We s a true oci a t copy Is satemd in Its-, vdnatAsnatedt JUN I4 Byrn RM SICPQMM9 Clerk. By `- �'S/ • >Dliitf Clerk YAMM (Ome Code Section 9113) Subject to certain exceptions, ypoouu gave Only Sit (6) wantbe ham the date or t1Ats nonce was Persasally served Or deposited in the sr11 t0 file a cart action an this claim. Sae Government Code Ssotion 9115.6. Tau ray seek tae: advice of an att wy of par aheioa in oor>tsectice rith this ratter. If 7wwt to consult an attorney• pcu should do no Leeediately. To ;! !l7iQi: Click of the Board SDs Cl) 0outsty 0ass0e2• (2) County Adaiaistratcr Attacked w copies of tae above alms. a aatified the Olairant ad the boardis setion .On this claim by selling a copy of this doaceent, and a r o thereof Acs been filed and and w"d on the board's copy of this Claim to aooadanN with Section 29703. ( ) A w1rroinng of Olaiaant•s ritbt to espply hr leav! t a late dials w awned Alfti led (1 Q9_ 6 KTOELOR• Clerk, 7 --- p9yut7 Clerk 7 J CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook 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: Tommy Westbrook, a minor By and Through a Guardian Ad Litem 909 Randy Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent s: I Jeanette K. Shipman �;`iA �� T9a6 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL HIL BA :H- OR 280 Utah Street c K ARD uveRVlsoas TRA C San Francisco, CA 94103 B ...... :. .. .. ... ............ De 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 909 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 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 27, 1986 JEANETTE K. SHIPMA Attorney for Claimant CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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, said entity 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) Said entity 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) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity 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 ; (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 ) 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt Axe_op 9ore►vzaaRs ar M own awfs, cam"= Claim Wfwt the Canty, or bistrietprn� !0 June 24, 1986 ' governed by the Board of 9upor►iscres lbs am s ed to Icu to tots' Routing wdorswentss and Board action of the MUM taken m liar data 44 torr Action. All Section »forenoon Bre Board at & te'tiwm D%MV mph 179 bales) to California Cownwent Codes given pursuant to Government Cods ;*;Am ;13 and 915.4. plea" now all �taratoir'. Claig2:>t: Tommy Westbrook, a minor.. co"Omni AttariMs Jeanette K. Shipman JUN 0 4 1986 Sterns , Smith, Walker & Grell � � P'� Addresst 280 Utah Street PAM San Francisco, CA 94103 hand delivered . - Aeoastt: $1 , 000,000. 00+ ley dalivary to clerk an May 28, 1986 Date Reoeivedt May 28 , 1986 By nails postmarked m VACM:—Mark iZ the Board of Superdows lot ORRY Attached is a Copy of the above-noted claim. fttedt June 3 , 1986 PHI1. ty►TME,ORI Qerks Vy : y Cmzwal TDt (Check Only ane) (X) 7419 claim o®p1103 substantially with Sections 910 and 910.2. ( ) This Claim !AILS to Comply substantially with Sections 310 and 910.29 and wa ars so notifying claimant. The Board cannot act for 15 days (Seatian 910.4). ( ) Maim is not timely filed. Clerk should return claim on ground that it w tiled late and send warnsof claimant's riot to apply for leave to present a late claim (Section 911.3). ( ) Others bated: ; Yi: BY: tY Mm III. IMt clerk of the Board 70: (1) Canty Counsels (2) County Administrator r ( ) mala was returned as wtimely With notioe to claimant (section 911.3). I9. IDARD OW BY ttnanimoua vote Of Supervisors present (,x) This Claim is rejected in full. ( ) Otburt DOrtify-that this Is a tate correct Copy the Board's en is atnwtas fors date. Datedt JUN 2 41986 PHIL R%TOMLM s Mark, By s DePAy Mark Wbject to owUln esaeptY�aonst you naVV MSsatiX (6) months ircm the date at tLies esodic Was peracnally sarvsd Cr deposited in the aril to file a own aotian m tbls claim. mea Govartment Coda 3eotim 945.6. Tou may seek the advice of an attorney or low Cttolog in Own Ian with tbds "tte'. If you want to consult an attorneys !vest ah dd do so immediately. 1. !'lit: Clerk Cf the Board IN (l) Canny Counsel l (2) Canty Adainistrator Attached are Copia, Of the above Claim. We ratified the Claimant Cf the goad's action an this Claim by calling a Copy Cf this doamieats and a memo thereof bLs been tiled and endorsed m the Board's copy of this Claim in a000rdartoe with Sectim 29703. ( ) A wa�raattangaaCc Claimant's wilt too apply ror� 3mve t a Late claim was mailed _ DATED: JUN JU n 1QQa A►MGUM s clerks Ry Oepany Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et se . re: Westbrook v. Contra Costa County RECEIVED TO: Contra Costa County MAYS? 1986 Clerk of the Board 1:00P.M. PHIL Et.TCHEt0' 651 Pine Street LEAK B P ) J Y, F-1 ';..:,: Room 106 Cal .. �_,... 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 past office address of the claimant is: Tommy Westbrook, a minor By and Through a Guardian Ad Litem 909 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 17, 1986 at 909 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. May 27, 1986 JEANE K. SHIPMWA Attorney for Claimant W16-D i CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt 1,45 Or wvoyu9ms w mm comiT. asma-M AND AS GOVERNING BOARD OF THE CONTRA .CQSTA COUNTY LOOD � CONTROL--ANIpS WATE; �0 SE VATION DIST ��� June 24, 1986 claim Against tae OOsMY, n et SovwTed by the Board Of Supervisors, no am s ed to is Pw 110ating warsamenta, and Board notice at the action taken an yes' � � tat Action. All Section refnrer,oeo ease ward at '►�+ d re Owwm*Ooh Stotiaeb&Uw)�3 to Califosicia Qovarrseent Codes Riven Ps'a►atct and 915.40 Flom now all aUaroLwe Claimants Randi Westbrook.,a minor- r. Attarmys Jeanette K. Shipman JUN 0 4 ?986 Sterns , Smith., Walker & Grell Addr+eass 280 Utah Street P San Francisco , CA 94103 Ha�,d deli r atetMd gats $1 , 000 , 000. 00+ Bat asllwry c May 28, 1986 m hate Seoaivads May 28 , 1986 By nail• postw~ m M—.- -Mork o Supervisors 701 county ciao AtUaW is a copy of the Aboes-noted alms• Dated% _ .Tune 3 . 1986 RM dlTOMLOR, Clerk, >b 0"MLIA" --p-pe, me : Mty Counial TDs Clark (Chock only ane) (X) !leis Claim oamplieo substantially with Sections 310 and 910.2. ( ?bis claim TAMS to oamply substantially with Sections 310 and 9910.2, Wd wr an so notifying claimant. The Board Cannot act for 15 days (Section 910.8). ( ) Claim is not timely tiled. Clerk should return claim on ground that it was ti1Cd late and send warninngg of claimant's right to apply for leave to present a late claim (Section 91.1.3). ( ) Others Dated$ -,-.¢_ Bye a Z 7n�c.�c77 e_> puty ty ERMIns 11ft Clerk of the Board TDt Cl) County Carvel, (2) County Admiaistrstar r ( ) Maim was returned a, untimely with notice to Claimant (Section 311.3). IV, BDA OM By >ra dwm vote at Supervisare A'aMat (J(I !his Claim is rejected in fail. ( ) Others y the s to a true im awreet copy of the Boardta Order antered in Its msnutes for this deme. ��� natedc JUN 2 4 12RR RIIL BA7021.OA9 Clark, Bi► �, . Deputt Mork Ye14 M (Gov. Code Section 943) Subject to oertain =optima, you have cult adz (6) mond% tram the date d lDis notice Was personally served ar deposited in the mail to file a Cart nonan an this Claim. See Govanment Code Section "5.6. Tou Amy seek the &deice of an attaenty of your Choiot in o0swctIan with this matte. If you want to consult sn attorney• fou should do so immediately. I. nMt Mark of the Board IDS (i) County Ooumsel, (2) County Administrator Attached are oopias of the above Clain. We notified the nlaiaant of the Board's action en this claim by salting a Dopy of this dom aent, and a memo thereof tram Ogen tiled and endorsed on the Board's Copy of this Claim in aooa•darwe with Section 29703. ( ) A morning of Clnisant's rielt to apply rw ICC t a Iate Claim was waled WMtf° t1986 11ID. UTOMDR, Clerk, By �� . Deputy Clerk r u } • cl CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook 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: Randi Westbrook, a minor By and Through a Guardian Ad Litem tiQ Cx�k �v.A, 909 Randy Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is: �� Jeanette K. Shipman f ifi�Y 1986 LAW OFFICES OF ►NNS T EIOR STERNS, SMITH, WALKER & GRELL tt OARD Su►ERvn 280 Utah Street 1 ONTRA STA San Francisco, CA 94103 5 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 909 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 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 27, 1986 n it-ANETTE K. UIPMAN Attorney for Claimant 3016-C CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity 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 Luture flooding ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt ---.. . . �.�_--rte—_ �-1—•-. �R11'n OC wmnm- w dM Cum W.w.1 a• YI.no= r GIS Wnst the qty, 0r bisteIc cryo QjIIW�! June 24, 1986 tovwMed by the Board of 9uparriocef, !!se copy • oc M ed to L 2�r Pouting lbsorsementa, and Board lotus of the notice taken m Pur � by lbs Action. All Section refw moss srs Board Cf &Vard"M CPwvgra;h M balaw)# to California Oovarreent codas Bron Prsuant to Ooveament Ooft aactim 113 Rands Westbrook, a minor and 115.4. PIM" Mtn all O Maiantste r• cam, Attormys Jeanette R. Shipman -.JUN 0 4 1986 Sterns , Smith, Walker & Grell Addrasss 280 Utah Street -'fdbrou San Francisco, CA 94103 hand delivered amomts $1 , 000, 000 . 00+ By delivery to Clark an May 28, 1986 Date Beosiveds May 28 , 1986 By tall, postmarked an ark ir the Board o pe sora 158 ORRY WaRm Attached is a copy of the above-noted 0101101. (� Bateds June 3, 1986 PM BATOEUM, Mark, By � Aly : s IK-Or Ube Board or Oupw (Check only nee) �) Ibis claim complies substantially With Sections Bio and ILD-20 ( I This Claim FAII.S to o®ply subotantially with Sections 9i0 and 9!0.2, srsd w ars so notifying claimant. The Board oannot act for 15 days (Section 930.4). ( ) Maim is not timely filed. Clark should return Claim cn Qrarsd that it was tiled laic and send xarn,I of elaimantfa right to apply for leave to prsseet a lata claim (Section 911.3). ( I Others Blltedt Sys it c_ puny tyCOUrSel III. s Clsrk of the Board 70: CO County Oa:anl, . (2) County Administrutarr ( I Mats was returned as untimely with motioe to Claimant (Section 91183)e I9. D= am By muda0ua vote of Supeord"rre Prost (x) lhsis Claim is rejected in full. ( I Others Dart! y the s Is a true iR correct DOPYof Board's ee —t-a"FR71i its Edrnstes Der this date. 7 / 1 Datods JUN 41 Pim. BATOELOR,pwm�Ma rk, By u/ , �poty Q�k wAR M (00TO Colo sectice Bi3) Object to Certain es0epti0es, ?m nave only Bis (6) months from the data at tail m _otio �n w PWracrsally aesvad aarr deposited is the tail to tits a oast notion Ce tris WW1. Cee Go camt code . eaKm 945.6. !0u nay seek the advice of an attorney or yar 00i08 in eonnaetice with this 'attar. If you want to consult an attorney, you should do 90 immediately. V. IMs Clerk cd the Board IN (1) Oassty Ownsel1 (2) Ommtty Administrator Attaoted .am Copies of the above claim. We motiried the Claimant of the Board's action m this 0141m by 01111ing a COPY Cf this doou mt, and a 01omo thereof has been filed and endorsed m the Board's OM of this Claim in 6000rdan0s with Bseti n 28703. ( ) A Morning 0f 0111201nt•3 right U OWy 1br leave t a late alai01 am tailed ��etOJ8�� 86 !BIL KTORELM, Clark, By � psPLrty Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et se[RECEIVED re: Westbrook v. Contra Costa County TO: Contra Costa County MAYS 198,Clerk of the Board I;ppP M. 651 Pine Street PHIL 6;rLC' Room 106LE1K Av°Oi SLIP[° 'J 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: Randi Westbrook, a minor By and Through a Guardian Ad Litem 909 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 17, 1986 at 909 Randy Lane, San Pablo, California, and ate 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 27, 1986 JEANTE K. SH Attor ey for Cla ant 3016-C I ; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees; as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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 . spablo.rpt IN CARD Q' m mgplim R TR► IASL► camm, CUM-01=1 AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD — CONTROL AND WATE 0 S NATION DIST June 24, 1986 Mals Agsinat the Cou nty$ or BMW ad to !oo �s thea governed by the Doan! of Supsr►isarss "e wff • documt looting woorsements, and Board Colica Cf the actian takan an � by Action, All Section refarN10" are board of a`*isors h OWSV4 IT$ baw)v to califarnis Govarnme:nt codas given prsiiant to Government Code Scotian ILS mad M5.40 !lease aota all wilar 1we Claiaants Wvin Westbrook,a minor" County CpunSPJ Attormsy: Jeanette K. Shipman Sterns, Smith, Walker & Grell JUN 041986 Addreasi 280 Utah Street San Francisco , CA 94103Madm mat= $1 ,000 ,000. 00+ >AH idwiy BZ' CSA ar4airk ao May 28, 1986 Atte BeOaivad: May 28 , 1986 Vy mail, postmarked an . ark a the 5SOdW NpervSR9 CiMM ViaiO New Att&QW is a copy of tae abov* ectad olaia• 0 n bated: --June 3 . 19 8 6 F. DATOIE.dR I Clarks b9 J • Trait y i id'ar (Check only one) (� Sans claim oamplies substantially With Sections 410 and 410.20 ( ) lids Claim IAIIS to o®ply substantially With Sections 410 and 410.29 and w ars So notifying claimant, The board oannot act for 15 days (.Ssotian 410.4). ( ) Claim is not timely filed. Clerk should return Claim On QVWA that it raS tildd late and sena warning of claimant's r1jbt to apply for leave to p4mm t a late claim (Section 911.3)• ( ) Others Dated: ?�/ Bys "campoly ty seewnM III. i Clark of the board TO: Cl) County Counsel. (2) County Administrator ( ) Claim w returned as Untimely With notioe to claimant (Section 411.3). IV* 3 ARD GlmlJt By unanimous vote of 9uper-4sac a pewaat (SCD lets claim is resected in full• ( A Other: y the Lois Is a true W Correct Copy of the 's Rb Minutes for anis date. Dateds JUN 2. 4 12 89 hID. BATCRUP9 Ciarkg Vy —0 • /YC . 1*4*7 Clerk UAW= (cloy• 0oda Section 413) Snbsect to Certain esoeptionsI !on have Only cis (6) montha free tae data or wa MUM w Pwwrnally sarrsd or deposited in the nail to file a Court actiao ao this claim, Sae Coveramant, Code SWUM "Me, Tau My Seek the advios Of an atta wy of your aaolas in canoe ion •itb this Etter, if YOU rant to canault an atto wrt lou should do so luiediately• V. !lac: Clark Cf the Board lDus Cl) Ou0ty DRVMle (2) County Administrator Attached an Copies of the above Claim. Ve aotified the Claimant or the boardts action on this claim by sailing a Dopy Cf this d=1=t9 and a WM0 tbarsof has been filed MW ari&rsed an the Board's ooyy Cf this Claim Im &OCCrUnCe With 30etion 29703• ( ) A wMiito nng�nof d aiaantis ri4lit to aptnly :bur Itays to t a tate Claim Was ariled DATED, JUN 3-0. ' 986 Im 917tFEL , Mark, By VIPAY Mork CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Westbrook 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: Kevin Westbrook, a minor By and Through a Guardian Ad Litem LIRECEiVED 909 Randy Lane San Pablo, CA 94806 2. The address to which notices are to be sent is ��( 1986Jeanette K. ShipmanLAW OFFICES OFSTERNS SMITH WALKER & GRELL aBA cr+ oRARD U►ERVIS280 Utah Street ? . v . J San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 909 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 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 27, 1986 JEAN E K. SHIPWAN Attorney for Claimant 3016-F CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 ; t. (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ) 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 emaployment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt pA1tD OY lhaMILS tS Ot dM mm wwfi >DthD ALT= Cies, wast the cowtyo or Mstedd �=Qr !0 p�D1Asf June 24, 1986 Rovet�ed by the Board of supervisae7, The oop'f s ed 6oauapp =s Boer htouting wocsements• and Baud notice of the action WIND m MIR* Ism b! the Action. All Section refarenoss aro Board of suWAN" (t'arag ** Iv, Mia)• to California Government Codas sig P"uant to Government Code Seotim 1Q3 and 945.6• new note all eftars11W. a h CoutMl Clai�tts Kevin Westbrook., a minor. Atta l"s Jeanette K. Shipman JUN 0 41986 Sterns , Smith, Walker & Grell Addraesl 280 Utah Street ' San Francisco, CA 94103 hand delivered •, AMMMtt $1 , 000,000. 00+ By dslivwT to elerk an _ May 28 , 1986 nate Aaoedvbt May 28, 1986 By Wail, poetwfted m -=ark of NpeFgwm Vol N7wty ciao Now Attaabed is a copy of the above-noted clala. bonds June 3, 1986 gam, MTOEUM• CUe'k, By s.n Bspsaty • : y t C104ror the D=M cc Uwirgm (Check cnly err) (� Ibis claim oamplieRs substantially with Sections 910 and 940.2. ( ) this claim PAW to oceply substantially With Sections 9120 and 9120.29 and M ars so notifying claimant. The Board cannot act for 15 days (3ectien 90.0.0. ( ) 02212 is not timely tiled. Clerk should return claim on ground that it Mas tiled late and send wwTAn�� of claimant's right to apply for leave to present a late plass (Section 911.3). ( ) Ou art Osted: 27 71 77 By: T, t CRMty III. MMs Clark of the Board IDS Cl) Canty Gaonsel, (2) Canty Administrator • ( Main was returned as untimely with wtioe to elaisant (Section q1.3). I9. By unanimous vote of Supervisors prsssnt (O lams claim is rejected in full. ( ) Others OartUy-Vat We Is a true im oorrect oopq of th - 's enterlod SA to ud `�� 19$6 iiEZ tkds date. I Board 10atedt 5 DATMMM t Mark, By � • Deputy Clerk WAN= (acv. Coda section 913) &Abject to osrtain esaeptions, JM have only ams (6) amths tram the date d !s!s echos w personally served or deposited in the Wail to tale a court anti= = this alis. ase Government Code 3soticn 315.6. Tru Way seek the edvioe at an attaemry of low ohcioe in 4010C Ica with this settere it you rant to consult an att2=9 p_ou L*Mdd do so ismediately. •. nM& Clark of the Board Bfls Cl) Dowty O WAW , (2) Caonty Administrator Attached are capias of the above plasm. We notified the elaisant of the Board's action Cn this Claim by Wailing a OM pt this dD*Mmt, cad a Wsmo thwvof has loan tiled ane 405w"d m the Board's ropy of this Claim in accordance With 3ectice 29703. ( ' t gainaning of elst�I*•a Ai�t to apply ibc leave t a late dein was mailed � M UU 9 fl 1gRR hIII. RMELI ht, Clark, By psPut7 Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND IT ELIEF Government Code, Section 910, et f RECEIVED re: Westbrook: v. Contra Costa County MAY>S 19806 1 ;00 PM• TO: Contra Costa County PHIL 6,,TCHetca Clerk of the Board uzK6 norSLI r; f,0 JT h CUcTA 651 Pine Street 6,' " o.,:..;, 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: Kevin Westbrook, a minor By and 'Through a Guardian Ad Litem 909 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 17, 1986 at 909 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. May 27, 1986 JEANEVE K. SHIPON Attorney for Claimant 3016-F lop CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity 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 ; (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 ; r ( 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 ; n (j ) Compensation for loss of time from employment and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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 . spablo.rpt CLEN swim 86 Main Against the CountY, or bistPiet Q► 20 Q1ZiY11! �u 24,�9�' jjoVw1wd by the Board of Supar7inne !ba cop? foutiag Brdoroamenta, and Board nonce of the eotim taken o0 IN= by an Actias. 211 Section rafarsnaes are Board of S�dsore a' ssro* r. b�Sor) to California Oovw ment Codes _ given p:rsuant to coveraunt Oode ae urn #1133 Joyce Romero and 915.40 nesse note au Owerutwo ClaiMants 111N 0 4 1986 At Largay Jeanette K. Shipman Sterns , Smith, Walker & Grell Addreses 280 Utah Street San Francisco, CA 94103 hand delivered. ! Ammots $1 , 000, 000. 00+ py delivery to clerk an May 28, 1986 nate Beoeiveds May 28 , 1986 B?y nail0 postaarked to . -mark o pe sora 153 ORRY Mao Attabbod Is a copy of the above-noted algia. . Dateds June 3, 1986 per, BAT0910, Mark, By . INN& y s (Check only one) (X Ileis claim complier substantially with Sections 9i0 and ¢t0.2. ( We claim FAILS to oamply substantially with Sections 1110 WA 910.29 and We ars so notifying Claimant. The Board cannot act for 15 days (Seetim %Do$). ( ) Maim is not timely filed. Clerk shmdd return claim on 9Naa:d that It was lilsd late and send WWTA $ of claimant's right to apply for leave to prsant a late claim (Section ( ) Others bateds A-a. /,=. myt �c�� � Putt ty ---We "OK: Clerk cf the Board TD: CO Comty Cassel, (2) Coss:ty ldministrstor ( Chia was returned as untimely with notice to olaisant 43aetion O1.3)e i•• NOW ORm my wunim us vote of superyisM" present (X1 rds claim is rs jested in rull. Others certify the this Is a true jjO correct OM or the Board's Orftr-entereA 16 Ita III Nes tpr this date. nateds 4 1986 "M mn�DATOMDR, Clerk, By rw . POpAY Mark w"= (Oov. Code Section It;) sub,)ect to certain ezoeptiasns, Vau naw only six (6) Months ! ao the &to or ams aotioe was per"sonLUy sarvW or deposited in the ail to rile a cart notion cn tus alt's, an Goveramt Code Swum 315.6. Tou nay seek the advice of an attamwy or low anoioe in oCxmectica Vith this setter. If You want to commat m attorney, you should do so famediatelye B. 'nWS Mark cr the ward '1Ds CO CountY Oomsel. (2) *PMtY 2dainistratar Attached w copies of the above claim. We ratified the claisant Cr the Bnard's action on this claim by Mailing a copy of this dO"Mt, and a Memo thereof na-s been tiled and andaraed on the Bberd's copy of this Ciaia in a000rdar" with Section 29T03. ( A A yarning of clainaamte right to app1Y serlean t a late class My ailed DAT®: s1Uto �t198f lBIL11iTI,OR� Clerk, !y �_./ ' DaPAy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND Government Code, Section 910, et se . RECEIVED re: Romero v. Contra Costa County MAYoBF 1986 + I;OO P.M TO: Contra Costa County PHIL BF,TCH;LC:A IE dK.PP 6' 4V T t _OcI o Clerk of the Board c _ 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: Joyce Romero 1005 Barbara 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 17, 1986 at 1005 Barbara 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. May 27, 1986 -1J '''1 JEA TTE K. SH MAN Attorney for Claimant 3027-B CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows: (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity 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 ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt P dM amik come ORM amu. m mala Aa rat the County., or bistriet iTC2 !0._ June 24, 1986 ��.rr-ter_"�_ Sovaraed by the Board of Supervisors, IM W f as sysu,s avEA aided to Ica Is yasr Routing wdorsementa. and Board notice of the action taken an your sum � for Action. All section references ars Board of superriaors owwvs* Ir• �on)r to Califomia Oovam mant Codas Sim purewant to God Code pian 1&3 Dna 915.x. Please nage au Wicarn W* Claitiassts Tamara Nishimura , a -minQr 40i ntV Attorneys Jeanette K. Shipman Sterns , Smith, Walker & Grell � � ¢ 1986 Addrims 280 Utah Street San Francisco, CA 94103 hand delivered "��'•' JJ1 Awmts $1 , 000, 000. 00+ By dalivery to clerk an May 28, 1986 +� Bate BeoSivsds May 28 , 1986 agile postearw an 7W-.—Mark 6? M SRFo SupervISOM lot County CURM Attached is a Copy of the above-Doted dais. Laths June 3, 1986 PM BATOELO 9 Qark• By �pSp�ty s counry–aw—sal. TDs Mark Or UA Board cc srp�� (Check only one) (�D This claim oomplieo substantially with Sections 910 and 110.2. ( D 'ibis Claim fAns to oamply substantially with Sections oft0 wd 9m0.2, w d w are so notifying claimant. The Board cannot art for 15 days (Section 910006 ( ) Maim is not timely filed. Clerk should return claim on VVWb that it was !ilea late and send warniof alaimant's right to apply for leave to present a late claim (Section 911..3). ( D Others %teasT7BY: 3n, "M: Qerk of the Board 701 (1) ty Cassel. (2) Casty AaaiaistrUtOr r ( ) Maim was returned as Muscly with notice to claimant (lection 911.3). !i►. BOARD QlQ1'!R Dy ssanissoua vote Of Supervisors present (XD !his claim is rejected in lkll. ( D Others 00rury-that tb s Is a true am correct copythe Dowdla Order entered SA Its aieastes for this date. Mads PM BATQMMmhwn� , Mark, Ily • �P�y Clerk MAMM (Oov. Coda Scotian 913) Subject to oertain esoepticas, you haus Daly Bis (6) aonthe thn tha date Cr tats 'Doti oe was p.rsonauy served or deposited is the azil to rile a cart action an this atasm. See GOTW=mt Coda Scotian 915.6. Tau ■ay Bask the advice of an attorney or your choioe to owswe too 111th this Latter, tf you want to consult an attorney, 7vu mould,�do sio.,tamediately. v. nms dark of the Board ms (1) Casty C'wia ;' (2) C y Administrator AttacaAd w copies of the above claim, iie notified the oiaiaont 'bf.the Board's action On this alalm by nailing a OM Of this ftmmt, Sad a Demo tl~.�lsas been filed and endcraed On the Board's copy of this Claim lh.,aeooedwm with 3eetioe .t9T03. ( D A warning Cf d IRISnVs right to any !br leavi' tO��'�986 present a 3au/dais no nailed --iM7IDs liiIL �Z'QiFl.OR, Mark• By �' Oapusty Clerk ' CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et se . re: Nishimura v. Contra Costa County RECEIVED TO: Contra Costa County MAYas' 1980 Clerk of the Board (1 Do P M' PHIL SATCHR(,2 651 Pine Street L RK WAMOFS. Room 106 c '""`0` .. oe 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: Tamara Nishimura, a minor By and Through a Guardian Ad Litem 1000 Barbara 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 1000 Barbara 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. May 27, 1986 �J JEMETTE K. SkYPMAN Attorney for Claimant I 3021-D CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows: (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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, said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ; • i , t' ( 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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 . spablo.rpt ..... - -... / 4s- men Smen 1c MM-A Sam SCK Claim Wnst the County" or ldee.r� Q.AO June 24, ' 1986' SoMmed by the Board of Supervisors. %U ao�ry e� vus ooch�ati aa3Yed to >V ycss' Pouting Vior'samerts, and Board adios 0e the action taken on it am, by the Action. All Section rafarenoes are Board of Supea�dsors (iPara�'ti+h IT&to Ca1lfornia Ooverrnt. Codes givenwd �5.6ease nota a11L on !i3 Claisants Marvin J. Cohen C.WAtY GNme" Attaroey: Jeanette K. Shipman MAY 3 a 1986 Law offices of Sterns, Smith, Walker Addreass & Grell ie+si 280 Utah Street Hand delivered Amounts San Francisco , CA 94103 Bi► delivery to clerk m May 27 , 1986 $1 , 000, 000. 00+ nate leMd Wd: May 27 , 1986 By Milo Postmarked on erk o pe sots : y Attached is a copy of the above-noted Chis. (� Dated: "May 30 . 19 8 E'„ PM DATORMN. Clerk. By liar P" at owles PERI Y : ftr (Check WAY one) ( ) This claim oamplies substantially with Sections 910 Ord 910.2. (}U This claim FAILS to oceply substantially with Sections 910 and 910.29 and Us ars so notifying claimant. The Board cannot act for 15 days (Section 910.0. ( ) Maim is not timely filed. Clerk should return claim an Vvud that it Was filed late and send warm of claimant's riot to apply for leave to present a late claim (Section 9].1.3). ( D Others Mated: BY: Deputy County Counsel III. M& Clerk of the Board 70: Cl) County Counsel. (2) County Administrator • ( ) Main was returned as untimely with notice to claimant (9ectioa 9L1.3). I9, BQAR'D NtDl+A By unanimous vote of Supervisors present. (KD !lois claim is rejected in full. ( D Others Oartiry that this Is a true ZO oorerct Copy ftr the DOW498 Order entered L IdMIes for this date. Dated: JUN 2 4 iaAR tom. aAmmm, Clark, By • N • Deputy Mark fsm� VAMM (Gov. Coda as0tion 913) lUbjwt to ow twin exceptions, you nave only xis (6) months !rim the date or this notice w personally served or deposited in the sail to file a court Wtioo m tma algia. Bee Goverwent: Code Seddon 945.6. Ton any seek the adyioe of an atta wy of your choice in connection Vith We utter, If you want to consult an attwWo you should do so issrediatelys V. nM: Clerk of the Board it,: Cl) County Coon cel. (2) County Administrator Attached are capias of the above claim, Ve notified the olaiasnt of the Board's action an this claim by sailing a copy of this doeamt, end a Ramo thereof na, beon filed and endorsed m the Board's copy of this Claim in 6000rdanoe with Bsctiaw 29703. ( D !A VWMing of alaiasat•s rigbt to apply !foe' leave t late canis w sailed WED3J0 96 . i 1UTQO a Clerk. Byee� � Deputy Qerk 9 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen 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: Marvin J. Cohen 21 Parr Blvd. � � Richmond, CA 94801 E EIVED 2. The address to which notices are to be sent is: Wal 19186 Jeanette K. Shipman LAW OFFICES OF D Il BAT ELOR STERNS, SMITH, WALKER & GRELL Rp pF ERVISORS 280 Utah Street ... .A1 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 c/o Allen Tire Sales, 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 27, 1985 JEANEnt K. SHI — Attorney for Clai ant 3504-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen 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; (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: Cohen 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 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 (W cow mm-mmme GUMPMU • 4 Maim W10t the County, 6r bistrict M 20 une �242 1986 governed by the Board Of Supsrrisora, Tba copy a atAz inalled t0 Acle' flouting Srsdorseseata, and Board antics of the action taken on pas' slats by No Actino. 211 section refaranoss ars bnae'd of Supervisors D%r grs* re balWw)r to California Govemment Codes Biwa ptrsuant to Government Coda Section 913 sad 915.46 !lease note all Yvan dwo ClaisBnts Juanita Chittock A%W(YAW Attorneys Michael J. Shane JUN 1 Redmond & Shane. 03 CA 1986 Address s 251 Oak St, Itj�j San Francisco, CA 94102 hand delivered an June 3 , 1986 Amounts $100, 000, 000. 00 sy delivar7 to Olerk 0*353 bate 1e061eeds June 3 , 1986 By email, pesbW'W an . X. s ark o pe sora : y Attached is a copy of the above-noted 618121. bateds June 3 ,_ 1986 PHIL 900i0AR, Clark, hb► at owles . PER: WiEty couWal 7Ds :Ori (Check Drily one) ( ) This claim complies substantially with Sections SL0 and 110.2. ( ) This claim lAIIS to amply substantially with Sections OM0 and 810.2, and we sore so notifying claimant. The Board oann0t act for 15 days (Section 310.6). ( ) maim is not timely filed. Clerk should return claim on Fames that it Was filed late and send warning of claimant's right to apply for leave to p assat a late claim (Section 911.3). ( D otbsre Dated: Bps < c putt ty cewiga in, 6s Clerk of the Board Tae (1) Cosssty CPZMI, (2) Coeity Administrator ( D maim was returned as aitisely with notice to claimant (Section IY. GRDFA By Umnimous vote of Supervisors present (X) !lits claim is rejected in full. ( D Otbsre cart! y that this Is a true and 0orsr0t Copy the Board's Order entered in its sdrs� for this date. Meds JU�V 2 4 mpr, mm ss amm, mark, By . 1*pAy Qerk VARhJM (Gov. Coda Section 913) "Ject to certain ex0epti0ns, Ion be" =17 six (6) sonthe ftom the date at this MUM was psrsorn y served or deposited in the tail to filo a Wart action m lois &lain. nes Government Code section 945.6. Tou My seek the advice of an attamey of yoir Wtrioe in oor>riaetion with tats :attar. If 702 want tc consult On attorney, lou should do so immediately. T. ISMS Clerk of lbs Shard Toe (1) C1W-Mty Cwxml, (2) Casity Administrator Attached are copies of the above claim. 11e 00tified the claimant of tbs board'a action on this claim by maSling a Dopy of this d0eiRmt, and a mmo them•sof has been filed and sndaraad on the Do rd's cq" of this Claim in a0oordanoe with Section 29703. ( D A warning of aLd21ant•o rust to apply for leave to t a late &lata way nailed DATEN ° 211 tQ 1986 !�L ZV=LDR, Clerk, By Deputy Qerk LAW OFFICES REDMOND & SHANE TWO FIVE ONE OAK STREET SAN FRANCISCO,CALIFORNIA 94102 (415)621-3366 MICHAEL J.SHANE ALAMEDA OFFICE TERENCE A.REDMOND SOUTHSHORE ALAMEDA,CALIFORNIA PHILIPT.PRINCE (415)527-5545, June 2 , 1986 Clerk, Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 Re : Claims against County of Contra Costa Dear Sir/Madam: Enclosed you will find three (3) claims we are- filing against the County of Contra Costa on behalf of our clients: Wesley Chittock; Jau:nita Chittock; and Kimberly Chittock. Your prompt attention to these claims will be most appreciated. Thank you. Very truly yours, REDMOND & SHANE by MICHAEL J, SHANE /7 MJS: jb Enclosures RECEIVED JUN 73 1986 OHIL TCHELOR ENR TR O STA CO((I�S 9 ty CLAIM AGAINST COUNTY OF CONTRA COSTA CLAIMANT'S NAME: JAUNITA CHITTOCK CLAIMANT"S ADDRESS: 7 Robinsdale Road Martinez , CA ADDRESS TO WHICH NOTICES ARE TO BE SENT: c/o REDMOND & SHANE 251 Oak Street San Francisco, CA 94102 EXACT LOCATION AND DESCRIPTION SUFFICIENT TO IDENTIFY: Pacheco Boulevard, approximately 152 feet West of De Normandie Way , in an unincorporated area, Contra Costa County, California HOW DID IT OCCUR: On February 25, 1986, at or about 7:30 a.m. , claimant's daughter , Kimberley Dawn Chittock , a pedestrian, was struck by an automobile driven by Martha Alexandria Gonzalez while claimant 's daughter was crossing Pacheco Boulevard at a point approximately 152 feet West of De Normandie Way. The accident in which claimant 's daughter was injured was a direct and proximate result of the negligence of the County of Contra Costa, its agents and employees , who while acting within the course and scope of their agency and employment on behalf of said governmental entity, created, designed, constructed, maintained and failed to warn of a dangerous and defective condition on public property, to wit: the location and surrounding area of public roadway where claimant's daughter was injured. Said dangerous and defective condition was not corrected within a reasonable time after said governmental entity, its agents and employees received actual and/ or constructive notice of said dangerous and defective condition. DESCRIBE DAMAGE OR INJURY: Loss of society , affection and comfort, wage loss, loss of future earning capacity, emotional distress, pain and suffering , medical and related expenses for care of claimant 's daughter, Kimberley Dawn Chittock , medical and related expenses for claimant. RECEIVED JUN :3 tg8r ►MIL BAT MEIOR (�tENN B D EAVI RS 11 o7aC TACO. By NAME OF PUBLIC EMPLOYEE (S) CAUSING INJURY OR DAMAGE: Unknown. AMOUNT OF CLAIM: $1001000,000. 00 ITEMIZATION OF CLAIM: Special Damages: According to proof General Damages : According to proof REDMOND & SHANE Dated: June 2, 1986 by MI HAEL J. SHANE'. Esq. Signed on behalf of Claimant , JAUNITA CHITTOCK CLAZR r~ Cr lnyiemjm Cr am CSA mgm+ AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD — CONTROL AND WATE CO S VATION DIST Clams W� the County• or CL' !0 C[.t�f June 24, 1986 governed by the Board of SuPaaTisarse !!ia ooh! a en to too !vn L tar !touting fi:dorsuments, and Board notice of tae actino taken Go your alis b2 tlns Action, All Section referenoss ma Board of Superdscre (paragapb IRS tea)• to California Government Codas given prsuannt to Goveraw nt Coos Seatim !l3 and 115.40 Clean note all efkRAR 06 Mmannti Evelyn Baumgardner County CoMsw Attetssy: Jeanette K. Shipman JUN.O 41986 Sterns , Smith., Walker & Grell kFA Addressi 280 Utah Street San Francisco , CA 94103 H��,,,,dd"� deli er d �fbIN3. ~ Amounts $1, 000 , 000. 00+ � aeliven7 'o aPlerk m May 28, 1986 nate be0tiVIOds May 28 , 1986 Ily mile Postmarked an . erk 31 the Board of Mperyloors lot c4mity Attached is a copy of the above-Aoted plata• Dated' -Tune 3 _ 1986 MM BATOELO t, (Mark, NY � A--" Lul'b-n -0" • iy i Mark (Check only ane) (�) 'lets claim oomplies substantially with Sections 310 ane 90.2. ( This claim TAII.S to comply substantially with Sections OM0 and %0.2i Std wa an so notifying claimant. The Board cannot act for 15 days (Section 310.Q). ( Maim is not timely tiled. Clerk should return claim an 9mrA that It No tiled late and send warning of claimant's right to apply for leave to present a late alms (Section 911.3). ( ) Others Dated: . - By: « -u' putt county in• nem: Cierk of the Board 20: (1) County Counsel• (2) County Administmtor r ( Main was returned as untimely with notice to claimant (Section 911.3). I9• BARD GRDfR BY unanimous Ate of Supervisors present 00 This claim is rejected in Lull. ( Others ow-tify Cha this Is a true and correct copy of the 's Order enL snir ar this date. �,� • Dopyty Mark Dated' JUN 41 86 pliI]. BJ1TQffi„olt, Clerk, By VAX= (Gov. Cove Ssotian IM3) Subject to certain esoeptionsI you nave only ai: (6) months pram the date at tK& notice w pwwnally sarvrd or deposited in the ■ail to file a cart action m thin alms. See Government 0000 30Otim "5.6. ?ou say Seek the &Mage of an attorney of yar ehoios in connection wdth this enttwe If you want to consult an attorney, you shadd do so Immediately. •• nM: Mark of the board IN Q) County Oxwel, (2) Canty Administrator ltta0hod are copies Of the abode claim. Ve notified the claimant of the Board's action an this claim by Balling a copy of this document, and a Baso thereof has been filed and anearsed an the Board's copy of this Main in a000ndaaoe with Ssatlm 29703. ( ' 1 warning of alalwant's right to apply for leavet a late claim was Bailed =o alaisnnt. DATED:_- JU�n 12U.P , STaWM. Clark, By �� Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Baumgardner 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 claim nt is: Evelyn Baumgardner ��j ��; , 2180 Giant Road ` �'-�• San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent i5: Jeanette K. Shipman 111 Ay 1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELLIL BAT H LOR \ C E K ' RD uPERVISORS 280 Utah Street rA sA San Francisco, CA 94103 ... ' .. . 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2180 Giant Road, 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 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 27; 1986 -jE—ANETff K. SHIPMA Attorney for Claimant 3012-B CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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, said entity maintained and continues to maintain at dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ; • e ( 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt 1s. or svpviaoes @' dM =TA o MM- RUMM _ Mail ApInEt the OouOty, or biote3ot gh7flCh� !O Q1 wrr June 24, 1986 governed by the Board of Supsrvioars, Tbs copy s etsment nailed to zs !as' Pouting ig da womts o and Board lotion Cf the notice taken m lots' ala= by the Action. All Section refs mww ars Board of avwdson (paragraph ITO balow)q to California Government Codes given P rsumt to GovwMment Cods Swum 93 -- on 315.4• Please Sats all wwlars WOCOunty Cwwi Maigntt Evelyn Baumgardner JUN 0�1985 Attorneys Jeanette K. Shipman Sterns , Smith, Walker i`: Grell Mi�bll@L�iA�J Addrawl 280 Utah Street San Francisco, CA 94103 hand delivered •, Anowett $1, 00-0, 000, 00+ By dslivwT to Clerk an May 28 , 1986 pate Bsasetved: May 28 , 1986 By Odle oostaarbd an . Mork w M JUR of Npervli—Wn 702 y Attached is a copy of the above-noted alar. DaLeds June 3 , 1986 PM UTOM O Clarke By �Lt-� U�� Sway : y s (Check only one) ( 3 7liis claim oompliw oubetantially with Sections OL0 and 910.2. ( 7(119 Claim TAns to oomply substantially with Sections 110 end 910.2. nwd we are so notifying claimant. The Board owwt act for 15 days G5e0tion PlO.Q). ( ) Maim is not timely filed. Clerk should return Claim an grand that it was filed late and send sterniof claimantrs right tpr o apply for leave to esent a late claim (,Section 911.3). ( ) Others bated: ",7�_0_ BY:-L� putt Comty 111. nMs Clerk of the Board 70s Cl) Casty Counsels (2) Cowety Administrator • ( ) Main was returned as vot=ely with wtioe to claimant (Section 911.3). IV, BDARD SFR BY ts:ta wm vote of Supervisor pressnt (k) This claim is rs3eoted is !1911. ( ) Others Certs ty that this In a true iM correct oopy-of the(Q�900""I Order ontwvd In Its *MR date. bated z 4 1W RM RITQGIAR. Mork. ft C� ��/� . Deputy Mork VAX= (Gov. Cods Section Pl3) Subject to owUln emoeptionsp you have only six (6) nonthe !tram the date of thele notice was pecsoeally served or deposited in the nail to file a court notice ce this algia. ase Goverment Code lecher 415.6. Tou say seek the advice of an atter ney of loan choice in Corweetion wdtb this astter. If you want to consult an attaueY, you should do so imsediately. V. IMS Mork of the Board Vs (1) COUOty Oots»elp (2) ftnty Administrator Attached are Copies of the above claim. We notified the claimant of the Board's action on this claim by sailing a CopY of this doo:mmte and a mw thereof has been filed and endorsed on the Board's copy Of alis Claim in a000rdar:oe with Section 29703. ( ) A warning of Clalmon •s right t0 y ibr leave t a late claim wu mailed t0 alalgAt. h#►TID: JUN 3 0986 !HIL 9A= 2Mork, �, Dtputy Qa,k CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Baumgardner v. Contra Costa County RECEIVED TO: Contra Costa County f,.HY or 1986 Clerk of the Board I!00 F.M• 651 Pine Street PHIL BATCHELOR LERKI RD CO sU RV Its VV Room 106 c cosi Martinez, CA 94553 B 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: Evelyn Baumgardner 2180 Giant Road 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 17, 1986 at 2180 Giant Road, 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. May 27, 1986 JEANETTE K. SHIPMAN Attorney for Claimant 3012-8 CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity 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 suture flooding ; (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 ; I (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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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 . r. spablo.rpt ELLIN ar wmmaw Q wm amm. CIL� AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD ARM CONTROL AND WATER CO�I 5E NATION DIST 20 CVf June 24, 1986 claim wrwt tae Oo,unty, *r DistR �� casae, ed `o L 2v98 governed bi' the amrd of supervisors, oopY ar Aoutirng Endorsements, and Board MUM of the aches, Was an lo�,r b! t!r Action, All Section ref'w4noas ars 90" of 94ww roe's Nreg a* Iva balow)v to California Government bodes -- given prsnant to Govar:ment code Beau= IL3 Ind 915.%• !lease Dote all wiemI W. f,ounty Counsel Claimant, Joyce Romero ,. dttotvssy, Jeanette K:. Shipman JUN 0 41986 Sterns , Smith., Walker & Grell dstinei CA2r� rddreas, 280 Utah Street San Francisco , CA 9.4103 H�,,d deli r d Amounts $1, 000, 00(). 00+ sy �Iive:T {;� �� On May 28, 1986 Date Seoeiwd, May 2 8 ;, 19 8 6 By Mil• pwlt ufted m . ark of ra lard o SUP&Rlwm lot MEty7ciffim ♦ttaohed its a �oonr ooffthe ab�ove�aot/s�d o�lsia• , Dated, _ Jun jai.- LU fL.?M BATCKCAR, Clerk, By ,.y a ftli • W041 Y7D8 Clark W Uba Board Of 80Pw%0" (Check only am) ( ?Me claim oomplies substantially with Sect ioee 910 and X0.2. !leis elaiA nn.s to osmply substantially with Sections 010 and 910.21 clad we we so notifying olaimant. The Board oannot act for 15 days (Section 910.6). ( ) Gals is not timely tiled. Clerk should return slats an ground that it w tiled late and send urarni of olaimmt.'s richt to apply for leave to present a late alms (Section 911.31• ( ) Others bated: 7- 7777' 0527,777,7 u; z+c iDOPAY 5ERY _ III. ftks Clerk of the Board TDs (1) County Va,unsel (2) County ddmiais ( ) Main was retwood a, ssntisely with aotioe to elaisant (.Section 911.3). I9. BARD ow By tisi udsonn Ate at Supervisors parent 04) ibis claim is refected in ftus ( 8 Otnars 00rtify-tbat Ms Is a true oorrect copy of tine Roardes Order In lw� Minutesor this date. _Dated, JUN 4 1989 PM BATE.AR, Clark* bySOM&F Mark Y4IR M (Gov. Code Section 93) SAJOct to oenUlD esoepticos, 7W naw aaly aim (6) months tike the date of this wtioe was parsoenally served or deposited in the axil to file a *curt action m tms alas*• &a Goverreent Code 30CUM 955.6. Tou say seek tam advios of on attoraey or Soar ehoi*e is coil= too Idth tail Latter. It you want to consult an a tom, lou should do so immediately. T. nMs dirk of tie Saard IDs Cl) oouoty owzmwd9 (2) county Aiesistrator Attached are copies of the ebm alatas. .Ve Wttified the GIST at of the eoardfs action an this Claim by sailing a ocpy of thio docnanrsnt, rind a Dema thereof naw been filed and endorsed on the 1kardis oW *f osis Claim in aeoordanoe with Ssetian 29703• ( I uaraing of alalunt!a right to apply fbr Ieave t a late *lata was ailed to alaisaatt. t i ��" ,,r te, JUN o ny%A,* RM KT01=p Clerk, `�� . bsRAY Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Romero 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: Joyce Romero 1005 Barbara Lane ILA San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is: 11 Jeanette K. Shipman �; r,Y' 2A 1086 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL II BAT HE R 280 Utah Street a TRRD0 TPERV150R5 San Francisco, CA 94103 .. " ' 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 1005 Barbara 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 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 27, 1986 JE TTE K. Z AttVrney for CtAimant 3027-B r CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 ; 4. (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt 4-- JUN 3 1986 CLAIM som aF s upsm-Cas or ri— MTA a nm. cuma= = Claim Wrnt the ftmty, or blAft t !0 CLLV f June 24, 1986 " Bovem*d by the Board of Supsrvim me To 00" s ad to Is low clouting 2rdor'sementa, and Board wtice of the action taken On Pur em, 07 the Act?an. A11 Section references we Board of Supervisors OWvS'aph We Oelov)e to Ca:i.iforv:ia Government Codes 01 given PxVuant to Government Code S*otiim �3 and 915.4. Please eats all yvandraro Claimants Imm Jansen and Lynn Jansen CC County #281516 AttdsestsysP. Caudle CWJ" Kincaid, Gianunzio, Caudle & Hubert Addreaes 200 Webster St. , Ste . 200 MAY 2 9'1986 Oakland, CA 94604-0828 ` Amounts Unspecified By delivery to Olork an #Aftet.CAWS: Bate B*oaiveds May 27 , 1986 By mail, postmarked an May 23 , 1986 . 77Merk of Ea Board of Supervisors : Y Cwxmi Attached is a copy of the above-noted claim. 01 Bateds May 28 . 1986 PHIL B►!OELDAR, Clarke BY J0. L�,4 Lt--V�- ____pspjty : y : ark sae's (Check only one) Slits claim oomplies substantially with Sections 910 and 90.20 ( ) This claim FAITS to comply substantially with Sections IMO " 9110.29 Wd W BPs so notifying claimant, The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed, Clerk should return claim an grand that it was tiled late and send warning of claimant's right to apply for leave to present a lata claim (.Section 911.3). ( ) Others noted: By: poly ty III. MW: Clerk of the Board 70: (1) CWmty Counsel, (2) County Administrator ( ) Claim vas returned as untimely with notice to claimant (section 911.3). Iva BOARD WWR By unanimous vote of supervisors pevsent (X) lhis claim is rejeetad in tulle ( ) Others ecerrt y the s s a true correct Copy the Board•a an is Dated " this date. JUN P119W PM BATMELCM, Clark, By Deputy Clark YAR M (Gov, 00e Scotian W) Subject to certain asoeptions, you have Daly tis (6) months from the data et this entice uses personally served or deposited in the mail to til* a court action on this claim. as Gov*rnm:ent Code Section 945.6. You say seek the advice of an attorney of loin Choioa in @am=tIon eelth tlds setter, it You want to Consult an attorney, you should do so Immediately. •. INNS clerk of the Board m: a) 0asnt, 0oussal, (2) Ca ntY Administrator Attached are eopias of the above claim. We :mined the claimant of the Boom's action on this claim by sailing a copy of this dooument, and a memo thereof has Oben filed and endorsed On the Board's copy oaf this Claim in a000rdanoe with Section 29703. ( ) t morning of claimant's right to apply tar l=1�7rlrt= claim w mailed A1TIDVJUN 2 9t= PM KTOOR, Mark, Si' Deputy Clerk e. c ' THE LAW OFFICES OF DONALD H. KINCAID VICTOR J.GIANUNZiO KINCAID, GIANUNZIO, CAUDLE & HUBERT JOHN P.CAUDLE GARRV J.D. HUBERT A PROFESSIONAL CORPORATION TELEPHONE PATRICK J. HAGAN ELIOT R HUDSON 200 WEBSTER STREET (415) 465-5212 THOMAS F. CASTLE GREGORY MICHAEL DOYLE OAKLAND, CALIFORNIA MAILING ADDRESS MICHAEL R.WELCH EDWARD M. PRICE P.O. Box 1828 CURTIS A. CANFIELD Oakland, CA SHAWN M.THROWE BARBARA J. MASSEV 94604-0826 BERTA H.SCHWEINBERGER LAURA D. CASON E.JANE WELLS DEANNE B. POLITEO TERRY J. TRAKTMAN STEPHEN D. BURTON HOWARD A. BHIROMA DENNIS L. BELCOURT WARREN T. WOO BRIAN N.ZANZE May 22 , 1986 DEBRA A.CHAUM DAVID R. DUNKIRK . STEVEN E. MCDONALD ROSS M. MELTZER Clerk Contra Costa Board of Supervisors 651 Pine Street Martinez, California 94553 Re: Claims of Imm Jansen and Lynn Jansen against the County of Contra Costa and against Richard -Rainey, Sheriff Our File No. SF08028 Dear Clerk: Enclosed herein are original and one copy of: 1. Claim of Inm Jansen and Lynn Jansen against the County of Contra Costa resulting from Complaint of Kenneth Reed and James Shadwick; 2 . Claim of the Jansens against the Sheriff of Contra Costa resulting from the Complaint of Kenneth Reed and James Shadwick; 3 . Claim of the Jansens against the County of Contra Costa resulting from the Complaint of Lonnie Stark; and 4 . Claim of the Jansens against the Sheriff of Contra Costa County resulting from the Complaint of Lonnie Stark. 1 Clerk AL Contra Costa Board of Supervisors May 22 , 1986 Page Two Please file these claims and return the conformed copy to us in the self-addressed, stamped envelope which is also enclosed. Very truly yours, KINCAID, GIANUNZQIO, CAUDLE & HUBERT HOWARD H. SHIROMA HHS:cjf Enclosure (s) 1 John P. Caudle, Esq. Howard H. Shiroma, Esq. 2 KINCAID,, GIANUNZIO, CAUDLE & HUBERT A Professional Corporation 3 200 Webster Street, Suite 200 Post Office Box 1828 4 Oakland,, California 94604-0828 Telephone: (415) 465-5212 5 Attorneys for Defendants 6 IMM JANSEN and LYNN JANSEN RECEIVED 7 MAY:2-� 1986 8 PHIL ATCHELOR LE NT COSTA C A F ORS 9 /lh�U'.. puty 10 11 In Re The Claim of 12 IMM JANSEN and LYNN JANSEN, CLAIM FOR DAMAGES 13 vs. (Govt. Code §910) 14 COUNTY OF CONTRA COSTA and RICHARD RAINEY, Sheriff of Contra Costa 15 County, 16 Respondents. 17 TO: CONTRA COSTA COUNTY AND RICHARD RAINEY, SHERIFF OF CONTRA COSTA COUNTY 18 The undersigned present this claim for damages on 19 behalf of Imm Jansen and Lynn Jansen pursuant to Government Code 20 Section 910 and provides the following information: 21 1. The name and address of claimants: 22 Imm Jansen and Lynn Jansen 23 901 North Rancho Road E1 Sobrante, CA 94803 24 2 . Address to which claimant desires notices to be sent: 25 26 John P. Caudle, Esq. Kincaid, Gianunzio, Caudle & Hubert Post Office Box 1828 27 Oakland, CA 94604-0828 28 3 . The date and place of occurrence giving rise to 1 this claim is: 2 January 19 , 1985, at about 7: 30 p.m. in the 3 vicinity of 2772 Pinole Valley Road, Pinole, Contra Costa 4 County, California. 5 4 . The date of occurrence giving rise to this claim is 6 April 3 , 1986, the date upon which the Complaint and Notice of 7 Acknowledgment of Receipt were served -on claimants. Information 8 regarding the complaint is as follows: Lonnie H. Stark vs. 9 State of California, County of Contra Costa, Richard Rainey, 10 Sheriff of the County of Contra Costa, H. S. Hodge Corporation, 11 a California corporation, Technical Equities Corporation, a 12 California corporation, individually and dba Red Vest Pizza 13 parlor, Red Vest Pizza Parlor, Jodell Williams, Sharon Williams, 14 Darin Oliva, Kevin Oliva, Imm Jansen, Lynn Jansen, The Traders, 15 and Does I through C, inclusive. 16 5. The circumstances giving rise to this claim are as 17 follows: 18 On or about January 19, 1985, plaintiff Lonnie Stark 19 was shot and injured by defendant Jodell Williams in the County 20 of Contra Costa, State of California. Through the negligence of 21 the agents, officers and employees of the Sheriff's Department 22 of the County of Contra Costa, Jodell Williams was permitted to 23 purchase a concealable firearm with which he shot plaintiffs. 24 On January 19, 1985, Jodell Williams was in the company 25 of Sharon Williams, Darin Oliva and Kevin Oliva who allegedly 26 27 21 4 L' conspired and aided and abetted Jodell Williams in the acts 1 alleged above. As a result claimants Imm Jansen and Lynn Jansen 2 the parents of Darin Oliva and Kevin Oliva have been sued for 3 the negligent supervision of Kevin Oliva who was a minor at the 4 time of the incident. A copy of the complaint is attached. 5 6. Lonnie Stark is alleging special, general and 6 punitive damages as a result of the incident. Claimant seeks an 7 apportionment of fault and equitable indemnity for these 8 damages„ .9 DATED: May 15, 1986. 10 KINCAID, GIANUNZIO, CAUDLE & HUBERT 11 12 By: 13 HOWARD H. SHIROMA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 'LAW OFFICE OF JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 - (. Concord, California 94521 �= 3 Telephone: (415) 672-2080 D 4 JAN 17 198G 5 Attorney for PlaintiffCountyClerk 6 CONTRA COSTACOUNTY By G. Tamura, Deputy 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 LONNIE H. STARK, ) 11 Plaintiff, ) NO. 251516 ) 12 vs . ) COMPLAINT FOR DAMAGES 13 STATE OF CALIFORNIA, COUNTY OF) CONTRA, COSTA, RICHARD RAINEY, ) 14 Sheriff of the County of ) Contra. Costa , 11. S. HODGE ) 15 CORPORATION, a California ) corporation , TECHNICAL ) lb EQUITI:ES CORPORATION, ) � a California corporation , ) 17 individually and dba RED VEST ) PIZZA PARLOR, RED VEST PIZZA ) 18 PARLOR, JODELL WILLIAMS , ) SHARON WILLIAMS, DARIN OLIVA, ) 19 KEVIN OLIVA, IMM JANSEN, ) LYNN JANSEN, THE TRADERS , ) 20 and DOES I through C, ) inclusive , ) 21 ) Defendants. ) 22 ) 23 Plaintiff LCNNIE H. STARK for cause of action against 24 defendants above-named and each of them alleges : 25 GENERAL ALLEGATIONS 26 1 . Defendant STATE OF CALIFORNIA is , and at all times 27 mentioned herein was , a sovereign state of the United States of 28 America . - 1 - 2. The Department of Corrections is , and at all times mentioned herein was, an agency of the STATE OF CALIFORNIA, duly 2 3 organized and existing as a department thereof under the laws of 4 the STATE OF CALIFORNIA. The Department of Corrections is 5 charged by law with the duty and responsibility of 8 supervising , managing , directing , and controlling convicted 7 felons who are on parole in order to prevent violation of the 8 law by such parolees and for the protection of the public . 9 3 . The DEPARTMENT OF JUSTICE is , and at all times mentioned herein was , an agency of the STATE OF CALIFORNIA, duly 11 organized and existing as a department thereof under the laws of 12 the STATE OF CALIFORNIA. The DEPARTMENT OF JUSTICE is charged 13 by law with the duty and responsibility of administering the 14 laws of the STATE OF CALIFORNIA relating to firearms capable of 15 being concealed upon the person for the purpose of preventing i' 18. the purchase or possession of concealable firearms by persons 17 prohibited by law from purchasing or possessing such firearms 18 and for the protection of the public . 19 4 . Plaintiff is informed and believes and thereon 20 alleges that at all times mentioned herein each of the 21 individual defendants sued herein as DOES I through DOE V, 22 inclusive, was an officer or employee of the DEPARTMENT OF 23 CORRECTIO14S and in such capacity was an agent of Defendant STATE 24 OF CALIFORNIA, and was at all such times acting within the 25 purpose and scope of such agency and employment . 26 5 . Plaintiff is informed and believes and thereon 27 alleges that at all times mentioned herein each of the 28 individual defendants sued herein as DOES VI through DOE X, LAW OFFICE OF JOHN M.STARR 1460 WuhingWn Blvd. 2 _ Suite B-101 Concord. CA 94521 I [I "1.9nAn inclusive , was an officer or employee of the DEPARTMENT OF 2 JUSTICE, and in such capacity was an agent of Defendant STATE OF 3 CALIFORNIA and was at all such times acting within the purpose 4 and scope of such agency and employment . 5 6 . Defendant COUNTY OF CONTRA COSTA is , anf-, at all 6 times mentioned herein was , a public entity, a county duly 7 organized and existing under the laws of the STATE OF 8 CALIFORNIA. 9 7 . Defendant RICHARD RAINEY is , and at all times 10 mentioned herein was , the duly elected , qualified , and acting 11 Sheriff of the COUNTY OF CONTRA COSTA, and at all times 12 mentioned herein was acting within his official capacity and in 13 furtherance . of his duties and responsibilities as such public 14 officer . Defendant RICHARD RAINEY as Sheriff of CONTRA COSTA 15 COUNTY is charged by law with the duty and responsibility of 16 administering the laws of the STATE OF CALIFORNIA for the 17 purpose of preventing the purchase or possession of concealable 18 firearms within the county by persons who are prohibited by law 19 from purchasing or possessing such firearms and for the 20 protection of the public . 21 8 . Plaintiff is informed and believes and thereon 22 alleges that at all times mentioned herein each of the 23 individual defendants sued herein as DOES XI through DOE XV, 24 inclusive , was an officer or employee of the Sheriff ' s 25 Department of the COUNTY OF CONTRA COSTA and in such capacity 26 was an agent of Defendant COUNTY OF CONTRA COSTA and of 27 Defendant RICHARD RAINEY, Sheriff , and was at all such times 28 acting within the purpose and scope of such agency and LAW OFFICE OF JOHN M.STARR 1160 Washington Blvd. _ 3 Suite B•101 Concord. CA 94521 ' C d 1 employment . 2 9 . Defendant H. S. HODGE CORPORATION is , and at all 3 times mentioned herein was , a corporation duly organized and 4 existing under the laws of the State of California , and at all 5 times mentioned herein was the owner of and in possession and 6 control of that certain premises located in the City of Pinole , 7 County of Contra Costa, known as the Pinole valley Shopping 8 Center, located at and in the vicinity of 2772 Pinole Valley Road 9 and particularly the parking and pedestrian areas of said 10 shopping center . 11 10 . Plaintiff is informed and believes and thereon 12 alleges that at all times mentioned herein each of the 13 individual defendants sued herein as DOES XVI through XX, 14 inclusive, was an officer or employee of Defendant H. S. HODGE 15 CORPORATION , and in such capacity an agent of said Defendant H. 1fi S. HODGE CORPORATION, and at all such times was acting within 17 the purpose and scope of such agency and employment . 18 11 . Defendant TECHNICAL EQUITIES CORPORATION' at all 19 times mentioned herein was and now is a corporation duly 20 organized and existing under the laws of the STATE OF 21 CALIFORNIA. 22 12 . Plaintiff is informed and believes and thereon 23 alleges that Defendant TECHNICAL EQUITIES CORPORATION is, and at 24 all tames mentioned was , doing business as RED VEST PIZ..'A PARLOR 25 and at all times mentioned herein was the lessee and in 26 possession of certain premises located at or in the vicinity of 27 2772 Pinole Valley Road in Pinole , Contra Costa County, 28 California . LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. 4 Suite B•101 Concord.CA 94521 ..e. 1.,.non 13 . Plaintiff is informed and believes , and thereon 2 alleges that Defendant RED VEST PIZZA PARLOR at all times mentioned herein was and now is doing business under the 3 ; fictitious name of RED VEST PIZZA PARLOR and at all times 4 5 mentioned herein operated a business located at 2772 Pinole Valley Road , Pinole , Contra Costa County, California , under 6 said name of RED VEST PIZZA PARLOR. Plaintiff is informed and 7 8 believes and thereon alleges that RED VEST PIZZA PARLOR at all times mentioned herein was and now is owned and under the 9 10 control of Defendant TECHNICAL EQUITIES CORPORATION, a 11 California corporation . 14 . Plaintiff is informed and believes and thereon 12 13 alleges that at all times mentioned herein each of the individual defendants sued herein as DOES XXI through DOE XXV, 14 inclusive , was an officer or employee of Defendant RED VEST 15 16 PIZZA PARLOR and of Defendant TECHNICAL EQUITIES CORPORATION and 17 in such capacity an agent of RED VEST PIZZA PARLOR and of 18 TECHNICAL EQUITIES CORPORATION , and at all such times was acting 19 within the purpose and scope of such agency and employment. 20 15 . Plaintiff is without knowledge of the true name 21 and capacity of the defendant sued herein under the name of THE 22 TRADERS and whether said named defendant is a corporation , 23 partnership, individual , or other legal entity, and therefore 24 sues said defendant by such fictitious name . Plaintiff will 25 amend this complaint to allege such defendant ' s true name and 26 capacity when ascertained . 27 16 . Plaintiff is informed and believes and thereon i 28 alleges that at all times mentioned herein each of the LAW OFFICE OF JOHN M.STARR 1460 Weahington Blvd. 5 Suite B-101 Concord.CA 94521 individual defendants sued herein as DOES XXVI through DOE XXX, 1 inclusive , was an officer or employee of Defendant THE TRADERS 2 and in such capacity an agent of THE TRADERS, and at all such 3 4 times was acting within the purpose and scope of such agency and 5 employment . 17 . Plaintiff is without knowledge of the true names 6 7 and capacities of defendants sued herein as DOES I through DOE 8 C. inclusive , and therefore sue these defendants by such fictitious names and that all of the defendants herein are the 9 agents of themselves and each other . Plaintiff will amend this 10 11 complaint to allege their true names and capacities when ascertained . Plaintiff is informed and believes and thereon 12 13 alleges that each of the defendants designated as DOES I through 14 DOE C is negligently or intentionally responsible in some manner 15 for the occurrences herein alleged , and thereby proximately 1'6 caused injuries and damages to the plaintiff as herein alleged . 17 FIRST CAUSE OF ACTION (NEGLIGENCE) 18 18 . Plaintiff incorporates by reference and realleges 19 Paragraphs 1 , 21 31 41 5, and 16 . 20 19 . Prior to and on January 19 , 1985 , Defendant STATE 21 OF CALIFORNIA acting by and through the DEPARTMENT OF 22 CORRECTIONS and the DEPARTMENT OF JUSTICE , and its officers , 23 employees , and agents , DOES I through DOE X, inclusive , 24 negligently, carelessly, recklessly, and improperly sL',;ervfsed , 25 managed , directed and controlled Defendant JODELL WILLIAMS, a 26 convicted felon and parolee under the parole supervision of the 27 DEPARTMENT OF CORRECTIONS so as to allow and permit said JODELL i 28 WILLIAMS to purchase a concealable firearm and to possess , LAW OFFICE OF JOHN M.STARR 1160 Washington Blvd. _ 6 Suite B•101 Concord CA 91521 ... Cw noon control , and have access to a concealable firearm at his place 1 of residence and to carry said concealable firearm on his person 2 in violation of the laws of the State of California . 3 20 : Prior to and on January 19 , 1985 , Defendant STATE 4 OF CAL' IFOFNIA acting by and through the DEPARTMENT OF JUSTICE 5 and the DEPARTMENT OF CORRECTIONS and its officers, employees 6 and agents , DOES I through DOE X, inclusive , negligently, 7 carelessly, recklessly and improperly administered the laws of 8 the STATE OF CALIFORNIA relating to the purchase , ownership, 9 possession, and control of concealable firearms and negligently 10 failed: to employ available funds , equipment , and personnel to . 11 administer said laws properly and as a result thereof did allow 12 and permit Defendant JCDELL WILLIAMS to purchase , possess, 13 control , and have access to a concealable firearm at his place 14 of residence and to carry said concealable firearm on hj. s person 15 in violation of the laws of the State of California. 16 21 . Said negligence , carelessness , recklessness and 17 improper acts as above alleged were the result of the 18 performance and nonperformance by the officers , employees and 19 agents; of the DEPARTMENT OF CORRECTIONS and the DEPARTMENT OF 20 JUSTICE of mandatory and ministerial duties and responsibilities 21 in administering and enforcing the laws of the State of 22 California relating to supervision of parolees and the purchase , 23 ownership, and possession of concealable firearms . 24 22 . As a direct and proximate result of the 25 negligence , carelessness , recklessness , and improper acts of 26 Defendant STATE OF CALIFORNIA and its officers , employees, and 27 agents as herein alleged , Defendant JODELL WILLIAMS did on 28 LAW OFFICE OF JOHNM.STARR 1460 Wu6ingwn Blvd. Suite B•101 Concord.CA 94521 I1.K% cll.gAan January 19 , 1935 , in the County of Contra Costa , State of 1 .. California, shoot and injure Plaintiff LONNIE H. STAR with a 2 concealable firearm then being carried by JODELL WILLIAMS upon 3 his person in violation of law whereby plaintiff suffered the 4 injuries and damages as herein alleged . 5 23. As a direct and proximate result of the 6 negligence , carelessness , recklessness , and improper acts , 7 intentional or otherwise , each and all of the defendants herein 8 named , acting individually or collectively, alone or in concert , 9 and their officers , employees, and agents as herein alleged, 10 Plaintiff LONNIE H. STARK was injured in his health, strength , 11 and activity, sustaining injury to his nervous system and 12 person , all of which injuries have caused and continue to cause 13 plaintiff great physical , mental and nervous pain and suffering. 14 Such injuries have resulted in permanent disability to 15 '. plaintiff, physically and mentally. As a result of such 16 injuries , plaintiff has suffered general damages in an amount 17 according to proof. 18 24 . As a further direct and proximate result of the 19 negligence , carelessness , recklessness and improper acts , 20 intentional and otherwise , of .each and all of the defendants 21 22 herein named , acting individually or collectively, alone or in concert , and their officers , employees , and agents as herein 23 alleged , Plaintiff LONNIE H. STARK has been required to spend 24 25 money and to incur obligations , and will continue to be required 28 to expend money and incur obligations for medical services , 27 therapy, rehabilitation , drugs and other sundry expenses 28 required in treatment: and relief of the injuries herein alleged LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — B Suite B•101 Concord.CA 94521 14 2.20ao and plaintiff has been damaged thereby in an amount according to 2 proof. 3 25 . As a further direct and proximate result of the 4 negligence , carelessness , recklessness and improper acts , 5 intentional and otherwise , of each and all of the defendants 6 herein named , acting individually or collectively, alone or in 7 concert , and their officers , employees , and agents as herein 8 alleged , Plaintiff LONNIE H. STARK has been damaged by loss of 9 wages, income , and earning capacity in an amount according to 10 proof, and plaintiff will in the future and for an indefinite 11 period suffer a loss of earning capacity, wages and income in an t2 amount. according to proof. 13 26 . On or about December 19 , 1985 , plaintiff presented 14 to the STATE OF CALIFORNIA by mailing to the State Board of 15 Control , an application to file late claim and a claim for the 16 injuries , disability, losses and damages suffered and incurred 17 by him by reason of the above-described occurrence , all in 18 compliance with the requirements of 55900 - 915 .4 of the 19 Government Code . Copies of said application and claim are 20 attached hereto as Exhibits "A" and "B" and made a part hereof . 21 27 . At time of filing this complaint the STATE OF 22 CALIFORNIA has under consideration said application and claim 23 and has not acted thereon . 24 WHEREFORE, plaintiff prays relief as hereinafter set 25 forth . 26 SECOND CAUSE OF ACTION (NEGLIGENCE) 27 28 . Plaintiff incorporates by reference ,and realleges 28 Paragraphs 61 71 8 , 16 , 23 , 24 , and 25 as though fully set forth .AW OFFICE OF IOHN M.STARR 160 Washington Blvd. _ 9 uite B•101 'oncmd.CA 91521 i i ac+e.enan i i herein . 1 t. 29 . Prior to and on "-January 19 , 1985 , Defendants 2 COUNTY OF CONTRA COSTA and RICHARD RAINEY, Sheriff , and-=DOES XI 3 through DOE XV, inclusive , negligently, carelessly, recklessly, 4 and improperly administered the laws of the State of California 5 relating to the purchase , ownership, possession , and control of 6 concealable firearms within the county and negligently failed to 7 employ available funds, equipment and personnel to administer 8 said laws properly, and as a result thereof did allow and permit 9 Defendant JODELL WILLIAMS to purchase , possess , control and have 10 access to a concealable firearm at his place of residence and to 11 carry .said concealable firearm on his person in violation of the 12 laws of the State of California . 13 30 . Said negligence , carelessness , recklessness and 14 improper acts as above alleged were the result of the 15, performance and nonperformance by the officers , employees, and 16 agents of the COUNTY OF CONTRA COSTA, and RICHARD RAINEY, 17 Sheriff , of mandatory and ministerial duties and 18 19 responsibilities in administering and enforcing the laws of the 20 State of California relating to the purchase , ownership, and 21 possession of concealable firearms . 22 31 . As a direct and proximate result of the negligence , carelessness , recklessness, and improper acts of 23 24 Defendants COUNTY OF CONTRA COSTA and RICHARD RAINEY, Sheriff , 25 and their officers , employees , and agents as herein alleged, 26 Defendant JODELL WILLIAMS did on January 19 , 1985 , in the County of Contra° Costa , State of California , shoot and injure 27 28 Plaintiff LONNIE 11. STARK with a concealable firearm then being LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 10 — Suite B-101 Concord;CA 94521 I t / 1 1 carried by JODELL WILLIAMS upon his person in violation of law 2 whereby plaintiff suffered the injuries and damages as herein 3 alleged . 4 32 . On or about December 19 , 1985 , plaintiff presented 5 to the COUNTY OF CONTRA COSTA by mailing to the Board of 6 Supervisors of the iCounty of Contra Costa an application 7 to file late claim and a claim for the injuries , disability, 8 losses, and damages suffered and incurred by him by reason of the 9 above-described occurrence , all in compliance with the 10 provisions of SS900 - 915 . 4 of the Government Code . Copies of 11 said application and claim are attached hereto as Exhibits "C" 12 and "D" and made a part hereof . 13 33 . On January 16 , 1986 , the Board of Supervisors of 14 the County of Contra Costa denied the application to file late 15 claim. Copy of said notice is attached hereto as Exhibit " E" 16 and made a part hereof . 17 WHEREFORE , plaintiff prays relief as hereinafter set 18 forth ., 19 THIRD CAUSE OF ACTION (NEGLIGENCE) 20 34 . Plaintiff incorporates by reterence and realleges 21 Paragraphs 91 10 , 23 , 24 , and 25 as thougn fully set forth 22 herein . 23 35 . At all times mentioned herein Defendants H. S. 24 HODGE CORPORATION and DOES XVI through DOE XX , inclusive , i 25 negligently ,g ) y , carelessly and recklessly Failed to provide 26 securitysupervisory and personnel in the Pinole valley Shopping 27 Center and in therkin a p g and pedestrian areas oC said shopping 28 LAW OFFICE OF center , and failed to provide adequate lighting ani other JOHN M.STARR 146D Washington Blvd. Suite B•101 Concord. CA 94521 - 141 si e72.4nR0 security and safety precautions in said areas . 1 36 . At all times mentioned herein Defendants H. S. 2 HODGE CORPORATION and DOES XVI through DOE XX, inclusive , had 3 knowledge of and were aware that said shopping center was unsafe 4 5 by reason of the fact that it was frequented by persons of a 6 quarrelsome and dangerously belligerent nature . 7 37 . On January 19 , 1965 , plaintiff was on said 8 premises as abusiness visitor and invitee for the mutual benefit of himself and Defendant H. S. HODGE CORPORATION and its 9 10 lessees in said shopping center . 11 38 . At said time and place Defendants H. S. HODGE 12 CORPORATION and DOES XVI through DOE XX, inclusive , and each of 13 them, so negligently owned , rented , occupied , maintained , 14 controlled , managed , and operated said premises including the parking and pedestrian areas that as a direct and proximate 15 16 result: of said negligence Plaintiff LONNIE H. S'T'ARK was 17 assaulted and attacked on said premises without provocation by 18 one JODELL WILLIAMS who then and there shot plaintiff with a 19 firearm causing plaintiff to incur and suffer the injuries and 20 damages herein set forth . 21 WHEREFORE, plaintiff prays relief as hereinafter set 22 forth ,. 23 FOURTH CAUSE OF ACTION (NEGLIGENCE) 24 39 . Plaintiff incorporates by reference and realleges 25 Paragraphs 11 , 12 , 13, 14 , 23 , 24 , and 25 as though fully set 26 forth herein , 27 40 . At all times mentioned herein Defendants TECHNICAL 28 EQUITIES CORPORATION and RED 'VEST PIZZA PARLOR, and DOES XXI LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd Suite B•101 — 12 — Concord. CA 94521 141Si672.2080 through XXV, inclusive , negligently, carelessly, and recklessly 1 failed to provide security and' supervisory personnel in and 2 3 about the REDVEST PIZZA PARLOR and in the parking and pedestrian areas adjacent to the RED VEST PIZZA PARLOR and other 4 security and safety precautions in said areas . 5 41. At all times mentioned herein Defendants TECHNICAL 6 7 EQUITIES CORPORATION, RED VEST PIZZA PARLOR, and DOES XXI through DOE XXV, inclusive , had knowledge of and were aware that 8 9 the RED VEST PIZZA PARLOR and the parking and pedestrian ' areas 10 adjacent thereto were frequented by persons of a quarrelsome and dangerously belligerent nature . 11 12 42. On January 19 , 1985 , plaintiff was on the premises of RED VEST PIZZA PARLOR as a business visitor ' and invitee of 13 TECHNICAL EQUITIES CORPORATION and RED VEST PIZZA PARLOR. 14 15 43 . At said time and place , Defendants TECHNICAL 16 EQUITIES CORPORATION, RED VEST PIZZA PARLOR, and DOES XXI 17 through XXV, inclusive , so negligently occupied , maintained , 18 controlled , managed and operated said premises including the 19 parking and pedestrian areas that as a direct and proximate 20 result of said negligence plaintiff was assaulted and attacked 21 on said premises in the parking and pedestrian area thereof 22 without provocation by one JODELL WILLIAMS who then and there 23 shot ;plaintiff with a firearm causing plaintiff to incur and 24 suffer the injuries and damages herein set forth . 25 WHEREFORE, plaintiff prays relief as hereinafter set 26 forth „ 27 FIFTH CAUSE OF ACTION (NEGLIGENCE, FAILURE TO WARN) 28 44 . Plaintiff incorporates by reference and realleges LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 1 3 — Suitt B•101 :oncord. CA 94521 415 6;2.2080 • G; Paragraphs 11 , 12 , 13 , 14 , 23 , 24 , 25 , 40 , 41 , and 42 , as though t fully set forth herein. 2 3 45 . On January 19 , 1985 , immediately prior to the time 4 of the occurrences herein described in which plair: .:iff was 5 attacked and shot by one JODELL WILLIAMS , TECHNICAL EQUITIES 6 CORPORATION, RED VEST PIZZA PARLOR, and DOES XXI through XXV, 7 inclusive , were aware of and had knowledge that there was an 8 impending altercation involving the use of firearms about to 9 take place in or about said premises and that Plaintiff LONNIE 10 H. STARK would be the object of an attack with firearms. 11 46 . Defendants TECHNICAL EQUITIES CORPORATION, RED 12 VEST PIZZA PARLOR, and DOES XXI through XXV, inclusive , 13 negligently and carelessly and with gross and wanton disregard 14 for the safety of plaintiff failed to warn plaintiff of the 15 danger to his person and failed to alert the police or sheriff' s department of the impending threat to plaintiff and of the 16 17 imminent threatened disturbance of the peace and safety of the public_ , and failed to provide security and safety for 18 19 plaintiff . 20 47 . As a direct and proximate result of the 21 negligence , carelessness , recklessness , and improper acts of 22 Defendants TECHNICAL EQUITIES CORPORATION and RED VEST PIZZA 23 PARLOR and their officers , employees , and agents as herein 24 alleged , Defendant JODELL WILLIAMS did on January 19 , 1985 , 25 shoot and injure Plaintiff LONNIE H. STARK on said premises with 26 a concealable firearm then being carried by JODELL WILLIAMS upon 27 his person in violation of law whereby plaintiff and each of 28 them suffered the injuries and damages as herein alleged . LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd — l 4 Suite B•101 Concord.CA 94521 111 R1 r.77.7nOn �;.. WHEREFORE, plaintiff prays relief as hereinafter set 1 forth . 2 SIXTH CAUSE OF ACTION (NEGLIGENCE) 3 48 . Plaintiff incorporates by reference and realleges 4 Paragraphs 15 , 16 , 23 , 24 , and 25, as though fully set forth 5 herein . 6 7 49 . Prior to January 19 , 1985 , Defendants THE 8 TRADERS and DOES XXVI through XXX, inclusive , negligently, carelessly, recklessly, and in violation of law sold to one 9 JODELL WILLIAMS a concealable firearm without prior 10 11 - identification of the purchaser and notification to the local 12 police department or sheriff and to the STATE DEPARTMENT OF 13 JUSTICE of the identity of the purchaser . 50 . Said unlawful sale as alleged occurred in that the 14 sale of said concealable firearm was made to SHARON WILLIAMS, 15 the wife of JODELL WILLIAMS and said firearm became and was the 16! 17 community property of SHARON WILLIAMS and JODELL WILLIAMS , husband and wife . 18 19 51 . As a direct' and proximate result of the 20 negligence , carelessness , recklessness , and improper acts of 21 Defendant THE TRADERS and its officers , employees , and agents as 22 herein alleged , Defendant JODELL WILLIAMS did on January 19 , 23 1985 , in the County of Contra Costa , State of California , shoot 24 and injure Plaintiff LONNIE H. STARK with a concealable firearm 25 then being carried by JCDELL WILLIAMS upon his person in 26 violation of law whereby plaintiff suffered the injuries and 27 damages as herein alleged . 28 WHEREFORE, plaintiff prays relief as hereinafter set ,AW OFFICE OF 10HN M.STARR 160 Washington Blvd. — 15 — ;uite B•101 oncord.CA 91521 I1 tA;9.9nA0 i forth . 1 SEVENTH CAUSE OF ACTION ( INTENTIONAL TORT) 2 52 . Plaintiff incorporates by reference and realleges 3 Paragraphs 17, 23 , 24 , and 25 , as though fully set forth 4 herein . 5 53 . At all times mentioned herein Defendants 6 SHARON WILLIAMS , DARIN OLIVA and KEVIN OLIVA and DOES XXXI 7 through XL, inclusive , and each of them, were agents of 8 Defendant JODELL WILLIAMS and in doing the things hereinafter 9 alleged were acting within the scope of such agency. 10 54 . On January 19 , 1965 , at approximately 7 :30 p.m. , 11 in the pedestrian and parking area of the Pinole Valley Shopping 12 Center and of the RED VEST PIZZA PARLOR located in said shopping 13 center at 2772 Pinole Valley Road , Pinole , Contra Costa County, 14 State of California, Defendant JODELL WILLIAMS without 15 provocation willfully, intentionally, and maliciously assaulted 16 and attacked plaintiff by then and there shooting plaintiff with 17 a concealable firearm. 18 55 . In the commission of the acts alleged herein , the 19 shooting of plaintiff, Defendant JODELL WILLIAMS was aided and 20 abetted by Defendants SHARON WILLIAMS , DARIN OLIVA, KEI.7_ZN OLIVA, 21 and DOES XXI through DOE XL, inclusive . 22 56 . As a direct and proximate result of the 23 intentional and willful acts of Defendants JODELL WILLIAMS , 24 SHARON WILLIAMS , DARIN OLIVA, KEVIN OLIVA, and DOES XXI through 25 28 DOE XL, inclusive , as herein alleged , plaintiff suffered the injuries and damages herein alleged . 27 26 57. The aforementioned acts of Defendants JODELL LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 16 Suite B•101 Concord. CA 94521 WILLIAMS and DOES XXXI through DOE XL, inclusive , were willful , 1 > wanton, malicious , and oppressive , and justify the awarding of 2 exemplary and punitive damages in the amount of $2 , 000 ,000 .00 . 3 WHEREFORE, plaintiff prays relief as hereinafter set 4 forth . 5 EIGHTH CAUSE OF ACTION ( INTENTIONAL TORT - CONSPIRACY) 6 58 . Plaintiff incorporates by reference and realleges 7 Paragraphs 17 , 23 , 24 , and 25 as though fully set forth herein. 8 59 . On or about January 19 , 1985 , Defendants JODELL '9 WILLIAMS, SHARON WILLIAMS, DARIN OLIVA, KEVIN OLIVA, and DOES 10 XXXI through XL, inclusive , knowingly and wilfully conspired and 11 agreed among themselves to assault, attack, and batter 12 Plaintiff LONNIE H. STARK and to inflict bodily injury and harm 13 upon plaintiff. 14 60 . On or about January 19 , 1985 , at approximately 15 7 : 30 p.m . , in furtherance of said agreement and conspiracy, 16 Defendants JODELL WILLIAMS , SHARON WILLIAMS , DARIN OLIVA, KEVIN 17 OLIVA, and DOES XXXI through DOE XL, inclusive , went to the 18 Pinole Valley Shopping Center in Contra Costa County, State of 19 California ,_ with the intent and purpose of inflictiftr bodily 20 21 injury upon plaintiff . 22 61 . At said time and place , Defendants JODELL WILLIAMS, SHARON WILLIAMS, DARIN OLIVA, KEVIN OLIVA, and DOES 23 24 XXXI through DOE XL, inclusive , acting on concert and pursuant 25 to and in furtherance of the above alleged conspiracy and agreement and without provocation did wilfully, intentionally, 26 27 and maliciously assault and attack plaintiff in that JODELL 28 WILLIAMS shot plaintiff with a concealable firearm . LAW OFFICE OF JOHN M.STARR 1460 Wsshington Blvd. — 17 — Suite B•101 Concord.CA 94521 . .. e.n nnan 62 . Defendants SHARON WILLIAMS, DARIN OLIVA, KEVIN 1 OLIVA, and DOES XXI through DOE XL, inclusive , furthered the 2 conspiracy by cooperating with and lending aid and encouragement 3 to Defendant JCDELL WILLIAMS in doing the acts above alleged . 4 03 . As a direct and proximate result of the conspiracy 5 and agreement and the intentional and willful acts carried out 6 in furtherance thereof as above alleged , plaintiff suffered the 7 injuries ano damages herein alleged and plaintiff is entitled to 8 exemplary and punitive damages in the amount of $2 ,000 ,000 .00 . 9 WHEREFORE, plaintiff prays relief as hereinafter set 10 forth ., 11 NINTH CAUSE OF ACTION 12 (NEGLIGENT SUPERVISION - CONTROL OF MINOR) 13 64 . Plaintiff incorporates by reference and realleges 14 Paragraph 23 , 24 , and 25 as though fully set forth herein. 15 ' 65 . At all times mentioned herein , Defendants IMM 16 JANSE14 and LYNN JANSEN were. and now are husband and wife and are 17 the parents of Defendant KEVIN OLIVA, a minor under the age of 18 13 . At all times mentioned herein said KEVIN OLIVP. was in the 19 custody of and subject to the control and supervision of 20 Defendants IMM JAI4SEN and LYNN JANSEN. 21 66 . At the time of the occurrence of the events herein 22 alleged on January 19 , 1985 , and prior thereto , Defendants IMM 23 JANSEN and LYNN JANSEN negligently, carelessly, recklessly and 24 improperly controlled and supervised the activities of said 25 KEVIN OLIVA. 26 67 . At all times mentioned herein , Defendants IF114 27 28 JANSEN and LYNI! JANSEN knew of the dangerous propensities and LAW OFFICE OF JOHN M.STARR 1460 Wuhingtan Blvd. — Suite B•101 Concord. CA 94521 '41 KI a77.9nCn G �Y habits of KEVIN OLIVA and of his propensity to engage in 1 altercations, and of his association with persons of known 2 criminal propensities and activities and dangerously belligerent 3 nature . 4 68 . At all times mentioned herein , Defendants IMM 5 JANSEN and LYNN JANSEN had the opportunity and ability to 6 control the conduct of KEVIN OLIVA but failed and refused to 7 exercise proper control and supervision of said minor . 8 69 . As a direct and proximate result of the 9 10 negligence , failure , and refusal of Defendants IMM JANSEN and LYNN JANSEN, as herein alleged , Defendant KEVIN OLIVA in concert 11 with Defendants DARIN OLIVA, JODELL WILLIAMS, and DOES XXXI 12 13 through DOE XL, inclusive , did assault and attack Plaintiff LONNIE H. STARK on January 19 , 1985 , in the Pinole Valley 14 15 Shopping Center , Contra Costa County, State of Calif�..rnia , at the instigation of KEVIN OLIVA and said other defendants and in 16 17 furtherance of a conspiracy and agreement between them at said 18 time and place shot plaintiff with a firearm causing plaintiff 19 to incur and suffer the injuries and damages herein set forth . 20 WHEREFORE, plaintiff prays judgment against 21 defendants , and each of them , as follows : 22 1. For general damages in an amount according to 23 proof at time of trial ; 24 2 . For medical expenses in an amount according to 25 proof at time of trial ; 26 3 . For loss of income; 27 4 . For costs of suit incurred herein; 26 5 . For interest pursuant to law; LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd — 19 — Suite B-101 Concord.CA 94521 VERIFICATION 1 .. I declare that I am - the plaintiff in the= within 2 action . I have read the foregoing Complaint for Damages and 3 know the contents thereof. The same is true of my own 4 knowledge , except as to those matters which are therein stated 5 upon my information or belief , and as to those matters, I 6 believe them to be true . 7 I declare under penalty of perjury that the foregoing 8 i is true and correct and that this verification was executed on 9 January , 1986 , at Concord , California . 10 � t 12 LONNIE H. STARK 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF JOHN K STARR 1460 Washington Blvd. Suite B•101 Concord,CA 94521 I LAW OFFICE OF JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California-94521 3 Telephone: (415) 672-2080 4 5 Attorney for C'1 a i man t 6 7 8 In re the claim of : ) 9 Claimant. : LONNIE H. STARK ) APPLICATION TO FILE LATE CLAIM AGAINST THE STATE OF 10 vs . ) CALIFORNIA Government Code 5911 . 4 .11 Respnndent : STATE OF ) CALIFORNIA ) 12 ) 13 TO: THE BOARD OF C014TROL OF THE STATE OF CALIFOR14IA: 14 1. LONNIE H. STARK hereby applies to the Board of 15 Control of the STATE OF CALIFORNIA for leave to present a claim '16 against the STATE OF CALIFORNIA pursuant to 5911 . 4 of the 17 Government Code . 18 2. The •.-iuse of action of Claimant LO,Il-lIE H. STARK as 19 set forth in his proposed claim attached hereto accrued on 20 January 19 , 1985 , a perind within one year from the filing of 21 this application . 22 3 . The reason for the delay by LONNIE H. STARK in 23 presenting his claim against the STATE OF CALIFORNIA, is as 24 follows : Claimant was shot by one JODELL WILLIAMS on January 25 19 , 1985 , in the COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, 26 and suffered the injuries and damages which are the basis for . 27 his claim. 28 Claimant was not aware at the time of said 1 EXHIBI1 A nccurrence or thereafter until the present time that the STATE 1 OF CALIFORNIA might. be liable ... for the damages suffered by 2 claimant upon a theory of failure to properly supervise JODELL 3 WILLIAMS, a parolee under the supervision of the Department of 4 Corrections . Claimant was unaware that JODELL WILLIAMS was a 5 convicted felon under the . supervision of the Department of 6 Corrections of the STATE OF CALIFORNIA and that said JODELL 7 WILLIAMS was prohibited by law from owning and possessing the 8 concealable firearm with which JODELL WILLIAMS shot and injured 9 the claimant. Claimant was unaware that. the STATE OF 10 CALIFORNIA might be liable upon its failure to take adequate 11 measures to prevent. JODELL WILLIAMS from purchasing , owning , and 12 possessing the concealable firearm which was used to shoot the 13 claimant. 14 Claimant did not retain an attorney to represent 15 him in this matter until December 12, 1965 , and as a layman was 16 17 unaware that there might be a legal basis for claim against .the STATE OF CALIFORNIA, but was so informed of such matters by his 18 19 retained attorney. 4 . All nf the above constitutes mistake , 20 i inadvertence , surprise and excusable neglect by Claimant LONNIE 21 22 H . STARK, justifying the granting of this application . 23 5 . The STATE OF CALIFORNIA will not be prejudiced by 24 the failure of claimant to present his claim within the time 25 specified in Government Code 5911 . 2 by reason of the fact that 26 similar claims were filed by other victims of the shooting 27 incident above-referred to and the STATE OF CALIFORNIA denied 26 each of said claims on the basis that the factual and legal LAW OFFICE OF JOHN M.STARR _ 2 - 1460 Washington Blvd Suite B•101. Concord. CA 94521 (415)672.2080 r (F { issues; are complicated and require judicial resolution . This 1 claimant' s cause of action may be consolidated with the action 2 filed by other victims without additional burden or prejudice to 3 the STATE OF . CALIFORNIA in matters of discovery, investigation , 4 and trial of such factual and legal issues . 5 6 . The proposed claim is attached hereto . 6 DATED : December 12 , 1985 . 7 LAW OFFICE OF JOHN M. STARR 8 9 / , , 10 �JOHN M. STARR Attorney for Claimant 11 t i 12 13 14 15 16 r 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF JOHN M.STARR 1480 Washington Blvd. Suitt B•101 Concord. CA 94521 14151 672.2080 J 1 LAW OFFICE OF JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorney Cor C:3azmant 6 7 8 In re the claim of: ) 9 Claimant : LONNIE H. STARK ) CLAIM FOR PERSONAL INJURIES [Government 10 vs . ) Code 59101 11 Respnndent : STATE OF CALIFORNIA, ) ) .12 13 TO: THE STATE OF CALIFORUTA: 14 You are hereby notified that : LONNIE H. STARK, 15 3598 Savage Avenue , Pinole , California, claims damages against a A6 the State of California in the amount, computed as of the date 17 of presentation of this claim, of $5 , 000 , 000 . 00 . 18 This claim is based on personal injuries sustained by 19 claimant on or about January 19 , 1985, under the following 20 circumstances : On or before January 19 , 1985 , agents , officers 21 and employees of the Department of Corrections of the State of 22 California and of the Department of Justice of the State of 23 California and the State of California , negligently, carelessly, 24 recklessly and improperly supervised , managed , directed , and 25 controlled JODELL WILLIAMS , a convicted felon and a parolee from 26 the Department of Corrections of the State of California so as 27 to permit JODE.LL 41ILLIAMS , a convicted felon , to possess, 28 control , or have access to concealable firearms at his place of l - .EXHIBIT C residence and to carry said concealable firearm on his person . 1 On the date of January 19 , 1985 , at about 7 : 30 p.m. claimant 2 3 was a pedestrian in the vicinity of 2772 Pinole Valley. Road , 4 Pinnle , Contra Costa County, California , when claimant was 5 suddenly and unexpectedly attacked by JODELL WILLIAMS in that 6 JODELL WILLIAMS discharged a concealable firearm at claimant and 7 a bullet from said firearm struck claimant , all of which caused 8 permanent damage and injury to claimant' s person . • 9 Claimant ' s injuries are as far as now known on the 10 date of presentation of this claim : gunshot wound to the chest 11 causing loss of mental function , concussion , scarring, pain, 12 sufferring , mental and emotional distress, permanent physical 13 disability. • 14 The names of the public agents , officers , employees, 15 and representatives causing claimant' s damages and loss are at 16 this time unknown '-o claimant . 17 The amo it claimed , as of the date of presentation of 18 this claim, is computed as follows : Medical and Hospital Expenses $ 50 , 000 . 00 •:_ 19 ( to date and future estimate ) 20 General Damages $4 , 950 , 000 . 00 21 ( to date and prospective) 22 Total Claim (as of date of $5 , 000 , 000 . 00 presentation of this claim) 23 All notices or other communication with regard to this 24 claim should be sent. to JOHN M. STARR, LAW OFFICE OF JOHN M. 25 STARR, 1460 Washington Boulevard , Suite 13-1011 Concord , 26 27 28 LAW OFFICE OF JOHN M.STARR 1160 Washington Blvd. _ 2 Suite B•101 Concord.CA 91521 (4151672-2080 California , 94521 , ( 415 ) 672-2080 . 1 DATED: December 12 , 1985 . _ 2 LAW OFFICE OF JOHN M. STARR 3 5 /JOHN M. STAR 6 Attorney for Claimant. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 3 Suite B•101 Concord.CA 94521 (4151672.2080 PROOF OF SERV!.F (1Y MAIL -. CCP 10130, 2015.5 1 I declare that: 2 1 am (a resident of/employed in) the county of.............. .......CQntra.. ( O,St.7............ ..... ................ _......_..__. California. Q:C..JNTT~LRE MAgY.O 3 1 am over the age of eighteen years and not u parry to the within cause: my (business/residence) address is:__................. 4 ,14,60.__.�Iashngton••.)3.lv54.._.,.. ,Shite . 8-101, Concord , CA 5 On ......De'.c.,Ptnbe..r....1.9.1.....1.9.$.5.................... I ser;ccl the witf,ir, .A.??P.1 .G.at.l.Qn....tO....F..i1.e....Late...._......... (DATE! 6 Claim Against .the State Cal.iforniAlhtl ......1,. s,te.d..••pdz.ty..................:.':.:. _._............ ....................... . . . _._................. 7 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in Ih1 8 United Slates moil at .........................C' nc.......... ....':...•l. ,f...rnia _ addressed at follow 9 State Board of Control 926 a.:frs Street, Suite 300 10 Sacramento, CA 95814 11 12 13 14 15 r 16 i 17 i 18 19 20 21 22 23 I declare under penalty of perjury That Lha foregoing is true and correcl, and the' this declaration was executed 24 December 19.,.....1.9.8..5 ............................................. Coliforn IDATp ........................................lot ..................Conc.o.r.d......ruCp_ 25 r 26 ? Qr. ....R.�.....$.�. .Qx.d�.. ......................... ITTPE OR PRINT NAXII7 ".,:•� ATTORNEYS PRINTING SUPPLY FORM N(;. II-S R(V.JANUARY 1073 1 LAW OFFICE OF JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorney for r i ;a;m a j �- 6 7 8 In re the claim of : ) 9 Claimant : LONNIE H. -STARK ) APPLICATION TO FILE LATE CLAIM AGAINST THE COUNTY OF 10 vs. ) CONTRA COSTA AND RICHARD RAINEY, SHERIFF OF CONTRA 11 Respondent : COUNTY OF CONTRA ) COSTA COUNTY COSTA, and ) 12 RICHARD RAINEY, ) Sheriff of Contra ) 13 Costa County ) 14 TO: THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: 15 r 1 . LONNIE H. STARK hereby applies to the Board of -16 Supervisors of the COUNTY OF CONTRA COSTA for leave to present a 17 claim against the COUNTY OF CONTRA COSTA and RICHARD RAINEY, 18 Sheriff of Contra Costa County, pursuant to §911'.4 of the 19 Government Code. 20 2 . The cause of action of Claimant LONNIE H. STARK as - 21 set forth in his proposed claim attached hereto accrued on 22 January 19 , 1985 , a period within one year from the filing of 23 this ap.3lication . 24 3. The reason for the delay by LON14IE H. STARK in 25 presenting his claim against. the COUNTY 01' CONTRA COSTA, and • 26 Sheriff RICHARD RAINEY is as follows : Claimant was shot by one 27 JODELL WILLIAMS on January 19 , 1985, in the COUNTY OF CONTRF 28 • COSTA, STATE OF CALIFORNIA, and suffered the injuries and - 1 ' EXHIBIT C damages which are the basis for his claim. 1 Claimant was unaware that JODELL WILLIAMS was a 2 convicted felon under the supervision of the Department of 3 Corrections .of the STATE OF CALIFORNIA and that said JODELL 4 WILLIAMS was prohibited by law from owning and possessing the 5 concealable firearm with which JODELL WILLIAMS shot and injured 6 the claimant . Claimant was unaware that. the COUNTY OF CONTRA 7 COSTA . might be liable upon its failure to take adequate 8 measures to prevent JODELL WILLIAMS from purchasing , owning , and 9 possessing the concealable firearm which was used to shoot the 10 claimant. 11 Claimant did not retain an attorney to represent 12 him in this matter until December 12 , 1985 , and as a layman was 13 unaware that there might be a legal basis for claim against the 14 COUNTY OF CONTRA COSTA and Sheriff RICHARD RAINEY, but was so 15 P informed of such matters by his retained attorney. 16 4 . All of the above constitutes mistake , 17 inadvertence , surprise and excusable neglect by Claimant LONNIE 18 H. STARK, justifying the granting of this application. 19 5. The COUNTY OF CONTRA COSTA and Sheriff RICHARD 20 RAINEY will not be prejudiced by the failure of claimant to 21 present his claim within the time specified in Government Code 22 8911 . 2 by reason of the fact that similar claims were filed by 23 other victims of the shooting incident above-referred to and the 24 COUNTY OF CONTRA COSTA denied each of said claims nri= the basis 25 26 that the factual and legal issues are complicated and require judicial resolution . This claimant' s cause of action may be 27 consolidated with the action filed by other victims without 28 LAW OFFICE OF JOHN M.STARR _ 2 _ 1460 Washington Blvd Suite B•101 Concord,CA 94521 14151 672.2080 J .0 additional burden or prejudice to the COUNTY OF CONTRA COSTA in 1 matters of discovery, investigation, and trial of such factual 2 and legal issues . 3 6 . . The prnpnsed claim is attached hereto . 4 DATED: December 12 , 1985 . 5 LAW OFFICE OF JOHN M. STARR 6 8 JOHN M. STARR Attorney for Claimant 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27. 28 LAW OFFICE OF JOHN M.STARR _ 3 _ 1460 Washington Blvd. Suite B-101 Concord.CA 94521 (4151672-2060 1 LAW OFFICE OFJ01M M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorneyfor Claimant 6 7 8 In re the claim of : ) 9 Claimant : LONNIE H. STARK ) CLAIM FOR PERSONAL INJURIES [Government 10 vs.' ) Code 5910] 11 Respondent : COUNTY OF CONTRA COSTA) and RICHARD RAINEY, ) 12 SHERIFF OF CONTRA ) COSTA COUNTY ) 13 ) 14 TO: COUNTY OF CONTRA COSTA, 'and RICHARD RAINEY , SHERIFF OF 15 CONTRA COSTA COUNTY : 16 You are hereby notified that : LONNIE H. STARK, 17 3598 Savage Avenue , Pinole , California , claims damages against 18 the County of Contra Costa and Sheriff Richard Rainey in the 19 amount, computed as of the date of presentation of this claim, 20 of $51000 , 000 . 00 . 21 This claim is based on personal injuries sustained by 22 claimant on or about January 19 , 1985 , under the following 23 circumstances : On or before January 19 , 1985 , agents, officers 24 and employees of the. Sheriff' s Department of the County of 25 Contra Costa , negligently , carelessly , recklessly and improperly 26 investigated , controlled , directed , and maintained records 27 of handgun purchases by residents of Contra Costa County so as 28 to permit JODELL 11ILLIA MS , a convicted felon , to possess , - 1 - EXHIBIT 4 control , or have access to concealable firearms at his place of 1 2 residence and to carry said concealable firearm on ham: person . 3 On the date of January 19 , 1985 , at about 7 : 30 p.m. claimant 4 was at pedestrian in the vicinity of 2772 Pinole valley Road , 5 Pinole , Contra Costa County, California , when claimant was 6 suddenly and unexpectedly attacked by JODELL WILLIAMS in that 7 JODELL WILLIAMS discharged a concealable firearm at claimant and 8 a bullet from said firearm struck claimant, all of which caused 9 permanent damage and injury to claimant ' s person . 10 Claimant' s injuries are as far as now known on the 11 date of present.;tinn of this claim: gunshot wound to the chest 12 causing loss nl: mrntal function, concussion , scarring , pain , 13 sufferring , mental and emotional distress , permanent physical 14 disability. ' 15 The names of the public agents, officers, employees, and representatives causing claimant' s damages and loss are at 16 fT this time unknown to claimant . 18 The amount claimed , as of the date of presentatinn of 19 this claim , is computed as follows : 20 Medical and Hospital Expenses $ 50 , 000 . 00 ( to date and future estimate ) 21 General Damages $4 , 950 , 000 . 00 22 ( to date and prospective) 23 Total Claim ( as of date of $5 , 000 , 000 . 00 presentation of this claim) 24 All notices or other communication with regard to this 25 claim should be sent. to JOHN M. STARR, LAW OFFICE OF JOHN M. 26 STARR, 1460 Washington. Boulevard , Suite B-101 , Concord , 27 28 LAW OFFICE OF JOHNM.STARR 1460 Washington Blvd. — 2 — Suite B•101 Concord.CA 91521 14151 612.2080 C 4 1 California , 94521 , ( 415 ) 672-2080 . . 2 DATED: December 12 , 1985 . - 3 LAW OFFICE OF JOHN M. STARR 5 JOHN M. STARRY' 6 Attorney for Claimant i 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 28 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 3 — Suits B•101 Concord. CA 94521 14 1 SI 672-2080 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION January 14, 198E Application to 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: LONNIE H. STARK Attorney: John M. Starr Law Office of John M. Starr Address: 1460 Washington Boulevard, Suite B-10,1 Concord , CA 94521 Amount: $5, 000, 000. 00 By delivery to Clerk on Date Received: December 20, 1985 By mail, postmarked on December (unreaaable) 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: Dec . 23 , 1985 PHIL BATCHELOR, Clerk, By � ��v,lAb� y Deputy A�1n Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). � ) The J�Board should deny this Application to File Late Claim (Section 911 .6). .(J�E%c DATED: ,d�D Z/M VICTOR WESTMAN, County Counsel, By� • �/��- - deputy T� III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911 .6). bbl 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: JAN 1 4 1986 PHIL BATCHELOR, Clerk, By �C Deputy WARNING (Gov. Code §911.8) iLijBit 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, you should do so immediately. PROOF OF SERVICE BY tyWL -• CCP 1013a, 2015.5 1 1 declare that: _ 2 1 am (a resident of/employed in) the county of......................C..Qntra.. .��.St.a..,.„....„ ......... ...................._........._ California. ll:f:./NTY\YHEt .I .l,4G IGLUN9i D. 3 1 am over the age of eighteen years and no., u party to tile within cause; my (business/residence) address is:..._................. 4 ,14.60•..t'lash ngton...Iilvd.:........$iikt.c......B-107....Concord.!....CA...... 945.?1..............................._......... 5 On .......... ....19.......1.9.8.5................ 1 serve:) lite within .....Application....to—Eile....Late............. IOATEI 6 C.laim....A.ga.ins.t...the...Count.y.._ofof................ on III, .........listed....Pa.rt.y..................................................... Contra Costa and Richard Rainey, Sheriff of Contra Costa County 7 in said cause, by placing o true copy thereul enclosed in o scaled envelope with postage thereon fully prepaid, in the 8 United States mail at ..........................�:2r).�.; ?. :!..r.... ,l l._].fnL .ilei .......................................................................... addressed as follows: . 9 Board of Supervisors 10 County of Contra Costa 651 Pine Street 11 Martinez, CA 94553 12 13 14 15 16 I 17 18 19 20 21 22 23 1 declare under penalty of perjury Ihot Ih: forego;,'U is Irue and correct, and that this decicration was executed on 24 December 19......1.98.5 at ......................Q.11G.Q .d........................................................... California. ................... . IOATo ....................................... Ivucc, 25 26 Lori R. Bisordi (TYPE OR PRINT NA•tl'1 �-�"•^ •• ATTORNEYS PRINTING SUPPLY FORM NO, II-S REV.JANUARY 1973 i 1 PROOF OF SERVICE BY MAIL 2 I:, the undersigned, declare: 3 1 am a citizen of the United States employed in the County 4 of Alameda, State of California. I am over the age of 18 years and 5 am not a party to the within cause. My business address is 200 6 Webster Street, Suite 200 , Oakland, California 94607 . I served the 7 foregoing 8 CLAIM FOR DAMAGES (GOV. CODE §910) 9 10 on interested parties herein by placing a true and correct copy 11 thereof in the United States mail at Oakland, California, sealed in 12 an envelope with postage thereon, fully prepaid, addressed as 13 follows: 14 Board of Supervisors County of Contra Costa 15 651 Pine Street Martinez , CA 94553 16 17 18 19 20 21 22 23 24 I declare the foregoing to be true and correct under penalty 25 of perjury. 26 Executed this 23rd day of May 1986 , at 227 Oakland, California. THE LAW OFFICES OF � KINCAID. GIANUNZIO, CAUDLE & HUBERT CHARLENEPJ. FOSTER A PROFESSIONAL CORPORATION 200 WEBSTER STREET 7AKLANO.GA 9 7-3189 (415)X0.45212 JUN 3 1986 . Or SUPERVISMS CF COW MA _ -UMEW ON AaM Mals Wnst the County, or District June 24; 198'6 Cb iC CI.LII� W tovwmed by the board of Superdscrs, iia copy or taLs nur M by the ed to is yvta' Routing Flhdorsementas and board octice of the action taksn cc your Action. All Section referenoas are Board of averviscrs gyp!► I1# bdm)t to California Goverrzmt Codes I glum pasuant to Government Cods swum 013 and 915.M. !lease note all *ifaraia�s". Claimants Imm Jansen and Lynn Jansen r " f iney) Attarmyt John P. Caudle MAY 219 Kincaid, Gi_anunzio , Caudel & Hubert Rb Addrgs: 200 Webster St. , Ste. 200 ftow� ` Oakland, CA 94604-0828 Asoonts Unspecified Syy delivery to clerk an Date beosiveds May 27 , 1986 By nail, Postmarked an May 23 , 1986 ark R the Board of Supe sous lot 95EEY, Attached is a copy of the above-noted claim. Dateds _ May 28, 1986 PM DATCRELOR, Meek, SyrAfkV � Depnntj . FIN y : mark Rocs (Check only one) (XD This claim Complies substantially with Sections 910 and %0.2. ( I This claim FAILS to comply substantially with Sections 910 end 920.2, and we ars so notifying claimant. The board Cannot act for 15 days (Section 910.00 ( ) Maim is not timely tiled. Clerk should return claim an 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). ( D Others Gated: by: J Deputy evarity 1 III. !ROH: , . ark of the board 1+0s (1) County Counsel, (2) County Administrator ( ' Maim was returned as untimely with notioe to Claimant (Section 911.3). I9, IDARD OM By unanimous vote of Supervisors perese:ht (lv,) i.. claim is rejected in full. ( D Others Certify that Lhia It a true and Correct Copy of the boardfa aqw entwed In is mdnutes for this date. Dated: JUN 2. d Inge PFIIL bAT(2ffi3OR9 Mark By n d • Deputy Murk YAWW (00v. Cc& Dectiaa 913) Dubjset to 00rrtuin,e=009ticW s you be" Daly Six (6) months Dram the date ct this notice was personally sawed or deposited in the mail to file a Cort notion an this GIRLS, Des Govar:hment Code 30CUM 985.6. You may seek the advice of an attarmy 0f Wo r olo10e in of, N-amtion with this matter. If yeti want to consult on attorvhey• you ahoeild do so i+®ediate2y. 9. nM: Clerk of the board IDs (1) CcumtY Counsel, (2) County Administrator Attadod are capias of the above claim. We Edified the Claimant of the Soardfs action on this claim by mailing a copy of this docuamt, and a memo thereof h„ been filed and endorsed on the boardla Copy Cf this Claim in a000rdaroe with Rection 29703. ( ' to waling of cliimarht*R Mg1rt to e�pply ibc laa� t to ta late 02&32 w sailed . am, UUN � 0 iQst� NZSATQMLORI Clesrk, By . Deputy CIO* 1 Y o 11 THE LAW oFFlc=_s of VIC-4ORJ"GIANU°,nG KINCAID. GIANUNZIO, CAUDLE_& HUBERT JOHN P CAUDLE GARRY'J D HUBERT A PROFESSIONAL CORPORATION TELEPHONE PATRICK J HAGAN (415) 465-5212 EupT R HUD50ry 200 WEBSTER STREET THOMAS F CASTLE MAILING ADDRESS GREGORY MICHAEL DOYL E OAKLAND, CALIFORNIA MICHAEL R WELCH. P.O. BOX 1828 EDWARD M PRICE CURTIS A CANFIELD Oakland, CA SHAWN MTHRpWE 94604-0828 BARBARA J MASSEY BERT- H. SCHWEINSERGER LAURA D CASON E JANE WELLS DEANNE B POLITEO TERRY J TRLK MAN STEPHEN D BURTON HO'W'ARD A SHIROMA DENNIS L SELCOUP7 WARREN T W'OO BRIAN N ZANZE May 22 , 1986 DEBRA A CHALjt,� DAVID R DUNK}RK STEVEN E NCDONALD ROSS M MELTZER Clerk Contra Costa Board of Supervisors 651 Pine Street Martinez, California 94553 Re: Claims of Imm Jansen and Lynn Jansen against the County of Contra Costa and against Richard Rainey, Sheriff Our File No. SF08028 Dear Clerk: Enclosed herein are original and one copy of : 1. Claim of Imm Jansen and Lynn Jansen against the County of Contra Costa resulting from Complaint of Kenneth Reed and James Shadwick; 2 . Claim of the Jansens against the Sheriff of Contra Costa resulting from the Complaint of Kenneth Reed and James Shadwick; 3 . Claim of the Jansens against the County of Contra Costa resulting from the Complaint of Lonnie Stark; and 4 . Claim of the Jansens against the Sheriff of Contra Costa County resulting from the Complaint of Lonnie Stark. Clerk Contra Costa Board of Supervisors May 22 , 1986 , Page Two Please file these claims and return the conformed copy to us in the self-addressed, stamped envelope which is also enclosed. Very truly yours, KINCAID, GIANUNZIO, CAUDLE & HUBERT HOWARD H. SHIROMA HHS :cjf Enclosure (s) r 1 John P. Caudle, Esq. Howard H. Shiroma, Esq. 2 KINCAID, GIANUNZIO, CAUDLE & HUBERT A Professional Corporation 3 200 Webster Street, Suite 200 Post Office Box 1828 4 Oakland, California 94604-0828 RECEIVED Telephone: (415) 465-5212 5 Attorneys for Defendants MAY IMM JANSEN and -LYNN JANSEN 6 SNI(,BATgMELOR EAKRC�ByIV ,RAAC At 7 8 9 10 11 In Re The Claim of 12 IMM JANSEN and LYNN JANSEN, CLAIM FOR DAMAGES 13 vs. (Govt. Code §910) 14 COUNTY OF CONTRA COSTA and RICHARD RAINEY, Sheriff of Contra Costa 15 County, 16 Respondents. 17 TO: CONTRA COSTA COUNTY AND RICHARD RAINEY, SHERIFF OF CONTRA COSTA COUNTY 18 The undersigned present this claim for damages on 19 behalf of Imm Jansen and Lynn Jansen pursuant to Government Code 20 Section 910 and provides the following information: 21 1. The name and address of claimants: 22 ' Imm Jansen and Lynn Jansen 901 North Rancho Road 23 E1 Sobrante, CA 94803 24 2 . Address to which claimant desires notices to be sent: 25 John P. Caudle, Esq. 26 Kincaid, Gianunzio, Caudle & Hubert Post Office Box 1828 27 Oakland, CA 94604-0828 28 3 . The date and place of occurrence giving rise to 1 this claim is: 2 January 19, 1985, at about 7: 30 p.m. in the 3 vicinity of 2772 Pinole Valley Road, Pinole, Contra Costa 4 County, California. 5 4 . The date of occurrence giving rise to this claim is 6 April 3 , 1986, the date upon which the Complaint and Notice of 7 Acknowledgment of Receipt were served on claimants. Information 8 regarding the complaint is as follows: Kenneth Reed, James 9 Shadwick: vs. State of California, County of Contra Costa, 10 Richard Rainey, Sheriff of the County of Contra Costa, H. S. 11 Hodge Corporation, a California corporation, Technical Equities 12 Corporation, a California corporation, individually and dba Red 13 Vest Pizza Parlor, Red Vest Pizza Parlor, Gun Seller, Jodell 14 Williams;, Sharon Williams, Darin Oliva, Kevin Oliva, Imm Jansen, 15 Lynn Jansen, and Does I through C, inclusive. 16 5. The circumstances giving rise to this claim are as 17 follows: 18 On or about January 19, 1985, plaintiffs Kenneth Reed 19 and James Shadwick were shot and injured by defendant Jodell 20 Williams in the County of Contra Costa, State of California. 21 Through the negligence of the agents, officers and employees of 22 the Sheriff's Department of the County of Colntra Costa, Jodell 23 Williams was permitted to purchase a concealable firearm with 24 which he shot plaintiffs. 25 On January 19, 1985, Jodell Williams was in the company 26 of Sharon Williams, Darin Oliva and Kevin Oliva who allegedly 27 28 conspired and aided and abetted Jodell Williams in the acts 1 alleged above. As a result claimants Imm Jansen and Lynn Jansen 2 the parents of Darin Oliva and Kevin Oliva have been sued for 3 the negligent supervision of Kevin Oliva who was a minor at the 4 time of -the incident. A copy of the complaint is attached. 5 6. Kenneth Reed and James Shadwick are alleging 6 special, general and punitive damages as a result of the 7 incident. Claimant seeks an apportionment of fault and 8 equitable indemnity for these damages. 9 DATED: May 15, 1986. 10 KINCAID, GIANUNZIO, CAUDLE & HUBERT 11 12 By: Ad 11. 4�°) 13 HOWARD H. SHIROMA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 LAW OFFICE OF JOHN M. STARR19: ir (� 2 1460 Wa>hington Boulevard, Suite B-101 +f Concord, California 94521 3 Telephone: (415) 672-2080 N 0 V ? I.1 1 335 4 1 R. 0!S . C-inty ""eik or 5 Attorney for PI a; n t1 f f 6 7 a IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 KENNETH REED, JAMES SHADWICK, ) C 11 Plaintiffs , ) NO. 279455 12 Vs . ) COMPLAINT FOR DAMAGES 13 STATE OF CALIFORNIA, COUNTY OF) SUI it CONTRA COSTA, RICHARD RAINEY, ) c. UI ,lrl,: �- 14 Sheriff of the County of ) Contra Costa , H. S. HODGE ) 15 CORPORATION, a California ) ' ' corporation , TECHNICAL ) 16 EQUITIES CORPORATION, ) a California corporation , ) 17 individually and dba RED VEST ) PIZZA PARLOR, RED VEST PIZZA ) 18 PARLOR, GUN SELLER, JODELL ) WILLIAMS , SHARON WILLIAMS , ) 19 DARIN OLIVA, KEVIN OLIVA, IMM ) JANSEN, LYNN JANSEN, and DOES ) 20 I through C, inclusive , ) 21 Defendants. ) ) 22 23 Plaintiffs KENNETH REED and JAMES SHADWICK for cause 24 of action against defendants above-named and each of them 25 allege : 26 GENERAL ALLEGATIONS 27 1 . Defendant STATE OF CALIFORNIA is , and at all times 28 mentioned herein was, a sovereign state of the United States Of - 1 - America . 1 2 . The Department of Corrections is , and at all times 2 mentioned herein was, an agency of the STATE OF CALIFORNIA, duly 3 organized and existing as a department thereof under the laws of 4 the STATE OF CALIFORNIA. The Department of Corrections is 5 charged by law with the duty and responsibility of 6 supervising , managing , directing , and controlling convicted 7 felons who are on parole in order to prevent violation of the 8 law by such parolees and for the protection of the public . 9 3 . The DEPARTMENT OF JUSTICE is, and at all times 10 mentioned herein was , an agency of the STATE OF CALIFORNIA, duly 11 organized and existing as a department thereof under the laws of 12 the STATE OF CALIFORNIA. The DEPARTME14T OF JUSTICE is charged 13 by law with the duty and responsibility of administering the 14 laws of the STATE OF CALIFORNIA relating to firearms capable of 15 being concealed upon the person for the purpose of preventing 16 the purchase or possession of concealable firearms by persons 17 prohibited by law from purchasing or possessing such firearms 18 and for the protection of the public . 19 4 . Plaintiffs are informed and believe and thereon 20 allege that at all times mentioned herein each of the individual 21 defendants sued herein as DOES I through DOE V, inclusive , was 22 an officer or employee of the DEPARTME14T OF CORRECTIOic and in 23 24 such capacity was an agent of Defendant STATE OF CALIFORNIA, and was at all such times acting within the purpose and supe of 25 26 such agency and employment . 5. Plaintiffs are informed and believe and thereon 27 28 allege that at all times mentioned herein each of the individual LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 2 Suite B•101 Concord. CA 94521 14151 A72-2090 ( 'T defendants sued herein as DO.ES VI through DOE X, inclu-_`,ve , was 1 an officer or employee of the DEPARTMENT OF JUSTICE, and in such 2 capacity was an agent of Defendant STATE OF CALIFORNIA and was 3 at all such times acting within the purpose and scope of such 4 agency and employment . 5 6 . Defendant COUNTY OF CONTRA COSTA is , and at all 6 times mentioned herein was, a public entity, a county duly 7 organized and existing under the laws of the STATE OF e CALIFORNIA. 9 7 . Defendant RICHARD RAINEY is , and at all times 10 mentioned herein was, the duly elected, qualified , and acting 11 Sheriff of the COUNTY OF CONTRA COSTA, and at all times 12 13 mentioned herein was acting within his official capacity and in furtherance of his duties and responsibilities as such public 14 officer . Defendant RICHARD RAINEY as Sheriff of CONTRA COSTA 15 16 COU14TY is charged by law with the duty .and responsibility of 17 administering the laws of the STATE OF CALIFORNIA for the 18 purpose of preventing the purchase or possession of concealable 19 firearms within the county by persons who are prohibited by law 20 from purchasing or possessing such firearms and for the 21 protection of the public . 22 6 . Plaintiffs are informed and believe and thereon 23 allege that at all times mentioned herein each of the individual 24 defendants sued herein as DOES XI through DOE XV , inclusive , was 25 an officer or employee of the Sheriff ' s Department of the COUNTY 26 OF CONTRA COSTA and in such capacity was an agent of Defendant 27 COUNTY OF CONTRA COSTA and of Defendant RICHARD RAINEY, Sheriff, 28 and was at all such times acting within the purpose and scope of LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 3 Suite B•101 Concord. CA 94521 (4151672-2080 such agency and employment . , 1 9 . Defendant H . S. HODGE CORPORATION is, and at all 2 3 times mentioned herein was, a corporation duly organized and , existing under the laws of the State of California , and at all 4 5 times mentioned herein was the owner of and in possession and 6 control of that certain premises located in the City of Pinole , County of Contra Costa , known as the Pinole Valley Shopping 8 Center located at and in the vicinity of 2772 Pinnle Valley Road 9 and particularly the parking and pedestrian areas _of said 10 shopping center . 10 . Plaintiffs are informed and believe and thereon 11 12 allege that at all times mentioned herein each of the individual 13 defendants sued herein as DOES XVI through XX , inclusive , was an 14 officer or employee of Defendant H. S. HODGE CORPORATION, and in 15 such capacity an agent of said Defendant H. S. HODGE 16 CORPORATION, and at all such times was acting within the purpose 17 and scope of such agency and employment . 18 11. Defendant TECHNICAL EQUITIES CORPORATIO14 at all 19 times mentioned herein was and now is a corporation duly 20 organized and existing under the laws of the STATE OF 21 CALIFORNIA. 22 12 . Plaintiffs are informed and believe and thereon 23 allege that Defendant TECHNICAL EQUITIES CORPORATION is , 24 and at all times mentioned was , doing business as RED VEST PIZZA 25 PARLOR and at all times mentioned herein was the lessee and in 26 possession of certain premises located at or in the vicinity of 27 2772 Pinole Valley Road in Pinole, Contra Costa County, 28 California . 1,A%V OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 4 _ Suitt B-101 Concord. CA 94521 14151672-2080 0 13 . Plaintiffs are informed and believe , and thereon 1 allege that Defendant RED VEST PIZZA PARLOR at all times 2 mentioned herein was and now is doing business under the 3 fictitious name of RED VEST PIZZA PARLOR and at all times 4 mentioned herein operated a business located at 2772 Pinole 5 Valley Road , Pinole , Contra Costa County , California , under 6 said name of RED VEST PIZZA PARLOR. Plaintiffs are informed and 7 believe and thereon allege that RED VEST PIZZA PARLOR at all 8 times mentioned herein was and now is owned and under the 9 control of Defendant TEC1114ICAL EQUITIES CORPORATION, a 10 California corporation . 11 14 . Plaintiffs are informed and believe and thereon 12 allege that at all times mentioned herein each of the individual 13 defendants sued herein as DOES XXI through DOE XXV, inclusive , 14 was an officer or employee of Defendant RED VEST PIZZA PARLOR 15 and of`. Defendant TECHNICAL EQUITIES CORPORATION and in such 16 capacity an agent of RED VEST PIZZA PARLOR and of TECHNICAL 17 EQUITIES CORPORATION, and at all such times was acting within 18 the purpose and scope of such agency and employment . 19 15 . Plaintiffs are without knowledge of the true name 20 21 and capacity of the defendant sued herein under the name of GUN 22 SELLER and whether said named defendant is a corporation , 23 partnership, individual , or other legal entity, and therefore 24 sue said defendant by such fictitious name . Plaintiffs will 25 amend this complaint to allege such defendant ' s true name and 26 capacity when ascertained . 16 . Plaintiffs are informed and believe and thereon 27 28 allege that at all times mentioned herein each of the individual LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 5 — Suite B•101 Concord. CA 94521 14151672.2080 C defen6ants sued herein , as DOES XXVI through DOE XXX , inclusive , 1 was an officer or employee of Defendant GUN SELLER and in such 2 capacity an agent of GUN SELLER, and at all such times was 3 acting within the purpose and scope of such agency and 4 5 employment . 17 . Plaintiffs are without knowledge of the true names 6 and capacities of defendants sued herein as DOES I through DOE 7 C , inclusive , and therefore sue these defendants by such 8 fictitious names and that all of the defendants herein are the 9 10 agents of themselves and each other . Plaintiffs will amend this 11 complaint to allegi their true names and capacities when ascertained . Plaintiffs are informed and believe and thereon 12 13 allege that each of the defendants designated as DOES I through DOE C is negligently or intentionally responsible in some manner 14 15 for the occurrences herein alleged , and thereby proximately caused injuries and damages to the plaintiffs as herein 16 alleged . 17 18 FIRST CAUSE OF ACTION (NEGLIGENCE) 19 18 . Plaintiffs incorporate by reference and reallege 20 Paragraphs 11 2 , 31 4 , 5 , and 16 . 21 19 . Prior to and on January 19 , 1985 , Defendant STATE 22 OF CALIFORNIA acting by and through the DEPARTMENT OF 23 CORRECTIONS and the DEPARTMENT OF JUSTICE, and its officers , 24 employees , and agents , DOES I through DOE X , inclusive , 25 negligently, carelessly, recklessly, and improperly supervised , 26 managed , directed and controlled Defendant JODELL WILLIAMS, a 27 convicted felon and parolee under the parole supervision of the 28 DEPARTMENT OF CORRECTIONS so as to allow and permit said JODELL LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 6 Suite B-101 Concord, CA 94521 (4151672-2080 WILLIAMS to purchase ,a concealable firearm and to possess , 1 control ,, and have access to a concealable firearm at his place 2 of residence and to carry said concealable firearm on his person 3 in violation of the laws of the State of California . 4 20 . Prig to and on January 19 , 1985 , Defendant STATE 5 OF CALIFORNIA acting by and through the DEPARTMENT OF JUSTICE 6 and the DEPARTMENT OF CORRECTIONS and its officers, employees 7 8 and agents , DOES I through DOE X, inclusive , negligently, 9 carelessly, recklessly and improperly administered the laws of 10 the STATE OF CALIFORNIA relating to the purchase , ownership, 11 possession , and control of concealable firearms and negligently 12 failed to employ available funds , equipment, and personnel to 13 administer said laws properly and as a result thereof did allow 14 and permit Defendant JODELL WILLIAMS to purchase , possess , 15 control , and have access to a concealable firearm at his place 16 of residence and to carry said concealable firearm on his person in violation of the laws of the State of California . 17 18 21 . Said negligence , carelessness, recklessness and 19 improper acts as above alleged were the result of the 20 performance and nonperformance by the officers, employees and 21 agents of the DEPARTMENT OF CORRECTIONS and the DEPARTI•IENT OF 22 JUSTICE of mandatory and ministerial duties and responsibilities 23 in administering and erforcing the laws of the State of 24 California relating to supervision of parolees and the purchase , 25 ownership, and possession of concealable firearms . 26 22 . As a direct and proximate result of the 27 negligence , carelessness , recklessness , and imprnper acts of 28 Defendant STATE OF CALIFORNIA and its officers , employees, and LAW OFFICE OF JOHN bi.STARR 1460 Washington Bhd. _ 7 Suite B-101 Concord, CA 94521 (415) 672.2080 agents as herein alleged , _' Defendant JODELL WILLIAMS did on 1 January 19 , 1985 , in the County of Contra Costa , State of 2 California , shoot and injure Plaintiffs KENNETH REED and 3 JAMES SHADWICK with a concealable firearm then being carried by 4 5 JODELL WILLIAMS upon his person in violation of law whereby 6 plaintiffs suffered the injuries and damages as herein c:lleged . 7 23 . As a direct and proximate result of the 8 negligence , carelessness , recklessness , and improper acts , 9 intentional or otherwise , each and all of the defendants herein .10 named , acting individually or collectively, alone or in concert, 11 and their officers , employees , and agents as herein alleged , Plaintiffs KENNETH REED and JAMES SHADWICK were injured in their 12 13 health , strength, and activity, sustaining injury to the nervous 14 system and person of each of them, all of which injuries have caused and continue to cause plaintiffs , and each of them, great 15 ' physical , mental and nervous pain and suffering . Such injuries 16 17 have resulted in permanent disability to plaintiffs and to each 18 of them , physically and mentally. As a result of such injuries , 19 plaintiffs have suffered general damages in an amnunt according 20 to proof. 21 24 . As a further direct and proximate result of the 22 negligence , carelessness , recklessness and improper acts , 23 intentional and otherwise , of each and all of the defendants 24 herein named , acting individually or collectively, alone or in 25 concert , and their officers , employees , and agents as herein 26 alleged , Plaintiffs KENNETH REED and JAMES SHAD41CK, and each of 27 them , have been required to spend money and to incur 28 obligations , and will continue to be required to expend money LAN'OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 8 Suite B•101 Concord. CA 94521 14151672-2080 and incur obligations for medical services , therapy, 1 rehabilitation , drugs and other sundry expenses required in 2 treatment and relief of the injuries herein alleged and 3 plaintiffs have been damaged thereby in an amount according to 4 proof . 5 25 . As a further direct and proximate result of the 6 negligence , carelessness , recklessness and improper acts , 7 intentional and otherwise , of each and all of the defendants 8 herein named , acting individually or collectively, alone or in 9 concert. , and their officers , employees , and agents as herein 10 alleged , Plaintiffs KENNETH REED and JAMES SHADWICK, and each of 11 them , have been damaged by loss of wages , income , and earning 12 capacity in an amount according to proof, and plaintiffs, and 13 each of them, will in the future and for an indefinite period 14 suffer a loss of earning capacity, wages and income in an amount 15 according to proof . 16 26 . On or about April 26 , 1985 , each of the 17 plaintiffs presented to the STATE OF CALIFORNIA by mailing to 18 the State Board of Control , a claim for the injuries, 19 disability, losses and damages suffered and incurred by him by 20 reason of the above-described occurrence , all in compliance with 21 the requirements of S§900 - 915 . 4 of the Government Code . 22 Copies of said claims are attached hereto as Exhibits "A" and 23 "B" and made a part hereof . 24 27 . On or about May 29 , 1985 , the STATE OF CALIFORNIA 25 rejected each of said claims in its entirety. 26 WHEREFORE, plaintiffs pray relief as hereinafter set 27 forth . 28 LAW OFFICE OF JOHN M.STARR _ 9 _ 1460 Washington Blvd. Suite 8.101 Concord. CA 94521 (4151 671.2080 SECOND CAUSE OF ACTION (NEGLIGENCE) 1 28 . Plaintiffs incorporate by reference and reallege 2 Paragraphs 6 , 7 , 8 , 16 , 23 , 24 , and 25 as though fully set forth 3 herein . 4 29 . Prior to and on January 19 , 1985 , Defendants 5 COUNTY OF CONTRA COSTA and RICHARD RAINEY , Sheriff , and DOES XI 6 7 through DOE XV, inclusive , negligently , carelessly , recklessly, and improperly administered the laws of the State of California 8 9 relating to the purchase , ownership, possession , and control of concealable firearms within the county and negligently failed to 10 11 employ available funds , equipment and personnel to administer 12 said laws properly, and as a result thereof did allow and permit 13 Defendant JODELL WILLIAMS to purchase , possess , control and have access to a concealable firearm at his place of residence and to 14 15 carry said concealable firearm on his person in violation of the laws of the State of California . 16 17 30 . Said negligence , carelessness , recklessness and 18 improper acts as above alleged were the result of the 19 performance and nonperformance by the officers , emploj_zes , and 20 agents of the COUNTY OF CONTRA COSTA, and RICHARD RAINEY, 21 Sheriff , of mandatory and ministerial duties and 22 responsibilities in administering and enforcing the laws of the 23 State of California relating to the purchase , ownership, and 24 possession of concealable firearms . 25 31 . As a direct and proximate result of the 26 negligence , carelessness , recklessness , and improper acts of 27 Defendants COUNTY OF CONTRA COSTA and RICHARD RF.INEY , Sheriff , 28 and their officers , employees , and agents as herein alleged , LAR' OFFICE OF JOHN NI.STARR 1460 Washington Blvd. — 10 — Suite B•101 Concord. CA 94521 u i s, a-2.2na0 Defendant JODELL WILLIAMS did on January 19 , 1985 , in the 1 County of Contra Costa , State of- California , shoot and injure 2 Plaintiffs KENNETH REED and JAMES SHADWICK with a concealable 3 firearm then being carried by JODELL WILLIAMS upon his person in 4 violation of law whereby plaintiffs suffered the injuries and 5 damages as herein alleged . 6 32 . On or about April 26 , 1985 , each of the 7 plaintiffs presented to the COUNTY OF CONTRA COSTA by mailing to 8 the Board of Supervisors of the County of Contra Costa a claim 9 for the injuries , disability, losses and damages suffered and 10 incurred by him by reason of the above-described occurrence , all 11 12 in compliance with the provisions of §§900 - 915 . 4 of the Government Code . Copies of said claims are attached hereto as 13 Exhibits "C" and "D" and made a part hereof. 14 33 . On or about June 5 , 1985 , the Board of Supervisors 15 16 of the County of Contra Costa rejected each of said -claims in 17 its entirety. 16 WHEREFORE, plaintiffs pray relief as hereinafter set forth . 19 20 THIRD CAUSE OF ACTION (NEGLIGENCE) 21 34 . Plaintiffs incorporate by reference and reallege 22 Paragraphs 9 , 10 , 23 , 24 , and 25 as though fully set forth 23 herein ,. 24 35 . At all times mentioned herein Defendants H . S. 25 HODGE CORPORATION and DOES XVI through DOE XX , inclusive , 26 negligently, carelessly and recklessly failed to provide 27 security and supervisory personnel in the Pinole Valley Shopping 28 Center and in the parking and pedestrian areas of said shopping LAR'OFFICE OF JOHN M.STARR 1460 Washington Blvd. Suite 9.101 -ancord. CA 94521 ;i F-?.'nAn center , and failed to provide adequate lighting and other 1 , security and safety precautions in said areas . 2 36 . At all times mentioned herein Defendants H. S. 3 HODGE CORPORATION and DOES XVI through DOE XX , inclusive, had 4 knowledge of and were aware that said shopping center was unsafe 5 by reason of the fact that it was frequented by persons of a 6 quarrelsome and dangerously belligerent nature . 7 37 . On January 19 , 1985 , plaintiffs were on said 8 premises as business visitors and invitees for the mutual 9 benefit: of themselves and Defendant H. S. HODGE CORPOR'ttiTION and 10 its lessees in said shopping center . 11 38 . At said time and place Defendants H. S. HODGE 12 CORPORATION and DOES XVI through DOE XX , inclusive , and each of 13 them , so negligently owned , rented , occupied , maintained , 14 controlled , managed , and operated said premises including the 15 parking and pedestrian areas that as a direct and proximate 16 result of said negligence Plaintiffs KENNETH REED and JAMES 17 SHADWICK were assaulted and attacked on said premises without 18 provocation by one JODELL WILLIAMS who then and there shot 19 plaintiffs and each of them with a firearm causing plaintiffs to 20 incur and suffer the injuries and damages herein set forth . 21 WHEREFORE, plaintiffs pray relief as hereinafter set 22 forth ,. 23 FOURTH CAUSE OF ACTION (NEGLIGENCE) 24 39 . Plaintiffs incorporate by reference and reallege 25 Paragraphs 11 , 12, 13 , 14 , 23 , 24 , and 25 as though fully set 26 forth herein . 27 40 . At all times mentioned herein Defendants TECHNICAL 28 LAW OFFICE OF JOHN M.STARR - 12 - 1460 1�'eahington Blvd. Suite B•101 Concord, CA 94521 14151 612-2080 1 EQUITIES CORPORATION and RED VEST PIZZA PARLOR, and DOES XXI 2 through XXV, inclusive , negligently, carelessly, and recklessly 3 failed to provide security and supervisory personnel in and 4 about ' the RED VEST PIZZA PARLOR and in the parking and 5 pedestrian areas adjacent to the RED VEST PIZZA PARLOR and other 6 security and safety precautions in said areas . 7 41 . At all times mentioned herein Defendants TECHNICAL 8 EQUITIES CORPORATION, RED VEST PIZZA PARLOR, and DOES XXI 9 through DOE XXV, inclusive , had knowledge of and were aware that 10 the RED VEST PIZZA PARLOR and the parking and pedestrian areas 11 adjacent thereto were frequented by persons of a quarrelsome 12 and dangerously belligerent nature . 13 42 . On January 19 , 1985 , plaintiffs were on the 14 premises of RED VEST PIZZA PARLOR as business visitors and 15 invitees of TECHNICAL EQUITIES CORPORATION and RED VEST PIZZA 16 PARLOR. 17 43 . At said time and place , Defendants TECHNICAL 1s EQUITIES CORPORATION, RED VEST PIZZA PARLOR, and DOES XXI 19 through XXV, inclusive , so negligently occupied , maintained , 20 controlled, managed and operated said premises including the 21 parking and pedestrian areas that as a direct and proximate 22 result of said negligence plaintiffs were assaulted and attacked 23 on said premises in the parking and pedestrian area thereof 24 without provocation by one JODELL WILLIAMS who then and there 25 shot plaintiffs and each of them with a firearm causing 26 plaintiffs to incur and suffer the injuries and damages herein 27 set forth . 28 WHEREFORE, plaintiffs pray relief as hereinafter set I LAt1.OFFICE OF ; JOHN M.STARR 1160 Washington Blvd. — 13 — Suite B-101 Concord. CA 91521 1.n a1 cv).9nAn forth . 1 FIFTH CAUSE OF ACTION (NEGLIGENCE, FAILURE TO WARN) 2 44 . Plaintiffs incorporate by reference and reallege 3 Paragraphs 11 , 12 , 13 , 14 , 23 , 24 , 25 , 40 , 41 , and 42 , as though 4 fully set forth herein . 5 45 . On January 19 , 1985 , immediately prior to the time 6 of the occurrences herein described in which plaintiffs were 7 8 attacked and shot by one JODELL WILLIAMS , TECHNICAL EQUITIES CORPORATION, RED VEST PIZZA PARLOR, and DOES XXI through XXV, 9 inclusive , were aware of and had knowledge that there was an 10 11 impending altercation involving the use of firearms about to 12 take place in or about said premises and that Plaintiffs KENNETH 13 REED and JAMES SHADWICK would be the objects of an attack with firearms. 14 46 . Defendants TECHNICAL EQUITIES CORPORATION , RED 15 VEST PIZZA PARLOR, and DOES XXI through XXV, inclusive, 16 17 negligently and carelessly and with gross and wanton disregard for the safety of plaintiffs failed to warn plaintiffs of the 18 danger to their persons and failed to alert the police or 19 20 sheriff ' s department of the impending threat to plaintiffs and 21 of the imminent threatened disturbance of the peace and safety 22 of the public , and failed to provide security and safety for 23 plaintiffs . 24 47 . As a direct and proximate result of the 25 negligence , carelessness , recklessness , and improper acts of 26 Defendants TECHNICAL EQUITIES CORPORATION and RED VEST PIZZA 27 PARLOR and their officers , employees , and agents as herein 28 alleged , Defendant JODELL WILLIAMS did on January 19 , 1985 , LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. 14 Suite 8.101 Concord, CA 94521 14151972.2080 ,a Y 1 shoot and injure Plaintiff$ KENNETH REED and JAMES SHADWICK 2 on said premises with a concealable firearm then being carried 3 by JODELL WILLIAMS upon his person in violation of law whereby 4 plaintiffs and each of them suffered the injuries and damages as 5 herein alleged . 6 WHEREFORE, plaintiffs pray relief as hereinafter set forth . 7 8 SIXTH CAUSE OF ACTION (NEGLIGENCE) 9 48 . Plaintiffs incorporate by reference and reallege 10 Paragraphs 15 , 16 , 23 , 24 , and 25 , as though fully set forth herein . 11 12 49 . Prior to January 190 1985 , Defendants GUN SELLER 13 and DOES XXVI through XXX, inclusive , negligently, carelessly, 14 recklessly, and in violation of law sold to one JODELL WILLIAMS 15 a concealable firearm without prior identification of the 16 purchaser and notification to the local police department or 17 sheriff and to the STATE DEPARTMENT OF JUSTICE of the identity 18 of the purchaser . 19 50 . Said unlawful sale as alleged occurred in that the 20 sale of said concealable firearm was made to SHARON WILLIAMS , 21 the wife of JODELL WILLIAMS and said firearm became and was the 22 community property of SHARON WILLIAMS and JODELL WILLIAMS , 23 husband and wife . 24 51 . As a direct and proximate result of the 25 negligence , carelessness , recklessness , and improper acts of 26 Defendant GUN SELLER and its officers, employees , and agents as 27 herein alleged , Defendant JODELL WILLIAMS did on January 19 , 28 1985 , in the County of Contra Costa , State of California , shoot LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. — 15 — Suite Bd01 ,oncord. CA 94521 41 SI 672.2080 and injure Plaintiffs ` KENN'ET1-I REED and JAMES SHADWICK with a 1 2 concealable firearm then being carried by JODELL WILLIAMS upon 3 his person in vinlation of law whereby plaintiffs and each of 4 them suffered the injuries and damages as herein alleged . 5 WHEREFORE , plaintiffs pray relief as hereinafter set 6 forth . 7 SEVENTH CAUSE OF ACTION ( INTENTIONAL TORT) 8 52 . Plaintiffs incorporate by reference and reallege 9 Paragraphs 17 , 23 , 24 , and 25 , as though fully set forth 10 herein . 11 53 . At all times mentioned herein Defendants 12 SHAR014 WILLIAMS, DARIN OLIVA and KEVIN OLIVA and DOES XXXI 13 through XL, inclusive , and each of them , were agents of 14 Defendant JODELL WILLIAMS and in doing the things hereinafter 15 alleged were acting within the scope of such agency. 16 54 . On January 19 , 1965 , at approximately 7 : 30 p.m . , 17 in the pedestrian and parking area of the Pinole Valley Shopping 18 Center and of the RED VEST PIZZA PARLOR located in said shopping 19 center at 2772 Pinnle Valley Road , Pinole , Contra Costa County , 20 State of California , Defendant JODELL WILLIAMS without 21 provocation willfully , intentionally, and maliciously assaulted 22 and attacked plaintiff:; by then and there shooting plaintiffs 23 and each of them with a concealable firearm. 24 55 . In the commission of the acts alleged herein , the 25 shooting of plaintiffs , Defendant JODELL WILLIAMS was aided and 26 abetted by Defendants SHARON WILLIAMS, DARIN OLIVA, KEVIN OLIVA, 27 and DOES XXI through DOE XL, inclusive . P8 56. As a direct and proximate result of the LAR' OFFICE OF JOHN M.STARR I46011'eshington Bled. 16 � Suite B-101 — Concord. CA 94521 '? C.- intentional and willful acts of Defendants JODELL WILLIAMS , 1 2 SHARON WILLIAMS, DARIN OLIVA, KEVIN OLIVA, and DOES XXI through 3 DOE XL, inclusive , as herein alleged , plaintiffs and each of 4 them suffered the injuries and damages herein alleged . 5 57 . The aforementioned acts of Defendants JODELL 6 WILLIAMS and DOES XXXI through DOE XL, inclusive , were willful , 7 wanton , malicious , and oppressive , and justify the awarding of 8 exemplary and punitive damages in the amount of $2 , 000 , 000. 00. 9 WHEREFORE , plaintiffs pray relief as hereinafter set 10 forth . 11 EIGHTH CAUSE OF ACTION ( INTENTIONAL TORT - CONSPIRACY) 12 58 . Plaintiffs incorporate by reference and reallage 13 Paragraphs 17 , 23 , 24 , and 25 as though fully set forth herein . 14 59 . On or about January 19 , 1985 , Defendants JODELL 15 WILLIAMS, SHARON WILLIAMS, DARIN OLIVA, KEVIN OLIVA, and DOES 16 XXXI through XL, inclusive , knowingly and wilfully conspired and 17 agreed among themselves to assault , attack , and batter 1B Plaintiffs KENNETH REED and JAMES SHADWICK and to inflict bodily 19 injury and harm upon each of said plaintiffs . 20 60 . On or about January 19 , 1985 , at approximately 21 7 : 30 p.m . , in furtherance of said agreement and conspiracy, 22 Defendants JODELL WILLIAMS , SHARON WILLIAMS , DARIN OLIVA, KEVIN 23 OLIVA, and DOES XXXI through DOE XL, inclusive , went to the 24 Pinole Valley Shopping Center in Contra Costa County , State of 25 California , with the intent and purpose of inflicting bodily 26 injury, upon plaintiffs . 27 61 . At said time and place , Defendants JODELL 28 WILLIAMS, SHARON WILLIAMS , DARIN OLIVA, KEVIN OLIVA, • and DOES LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. 17 Suite 8.101 — Concord, CA 94521 'Jis10;72.2nR0 XXXI thrnugh DOE XL, inclusive , acting on concert and pursuant 1 to and in furtherance of the - above alleged conspiracy and 2 agreement and without provncation did wilfully , intentionally , 3 and maliciously assault and attack plaintiffs and each of them 4 in that: JODELL WILLIAMS shot plaintiffs and each of them with a 5 concealable firearm. 6 62 . Defendants SHARON WILLIAMS , DARIN OLIVA, KEVIN 7 OLIVA, and DOES XXI through DOE XL, inclusive , furthered the 8 9 conspiracy by cooperating with and lending aid and encouragement to Defendant JODELL WILLIAMS in doing the acts above alleged . 10 63 . As a direct and proximate result of the conspiracy 11 12 - and agreement and the intentional and willful acts carried out 13 in furtherance thereof as above alleged , plaintiffs and each of 14 them suffered the injuries and damages herein alleged and 15 plaintiffs are entitled to exemplary and punitive damages in the amount of $2 , 000 , 000 . 00 . 16 17 WHEREFORE , plaintiffs pray relief as hereinafter set forth . 18 NINTH CAUSE OF ACTION 19 20 (NEGLIGENT SUPERVISION - CONTROL OF MINOR) 21 64 . Plaintiffs incorporate by reference and reallege 22 Paragraph 23 , 24 , and 25 as though fully set forth herein . 23 65 . At all times mentioned herein , Defendants IMM 24 JANSEN and LYNN JANSEN were and now are husband and wife and are 25 the parents of Defendant KEVIN OLIVA, a minor under the age of 26 18 . At all times mentioned herein said KEVIN OLIVA was in the 27 custody of and subject to the control and supervision of 28 Defendants IMM JANSEN and LYNN JANSEN . LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. Suite B-101 Concord. CA 94521 fa l s" F'2.2nan T C. 66 . At the time of the occurrence of the events herein 2 alleged on January 19 , 1985 , and prior thereto, Defendants IMM 3 JANSEN and LY14N JANSEN negligently, carelessly, recklessly and 4 improperly controlled and supervised the activities of said 5 KEVIN OLIVA. 67 . At all times mentioned herein , Defendants IMM 6 7 JANSE14 and LYNN JANSEN knew of the dangerous propensities and 8 habits of KEV114 OLIVA and of his propensity to engage in 9 altercations , and of hil- association with persons of known 10 criminal propensities and activities and dangerously belligerent 11 nature . 12 68 . At all times mentioned herein , Defendants IMM 13 JANSEN and LY14N JANSEN had the opportunity and ability to 14 control the conduct of KEVIN OLIVA but failed and refused to 15 exercise proper control and supervision of said minor . 16 69 . As a direct and proximate result of the 17 negligence , failure , and refusal of Defendants IMM JANSEN and 18 LYNN JANSEN , as herein alleged , Defendant KEVIN OLIVA in concert 19 with Defendants DARI.N O:.IVA, JODELL WILLIAMS, and DOES XXXI 20 through DOE XL, inclusive , did assault and attack Plaintiffs 21 KENNETH REED and JAMES SHADWICK on January 19 , 1985 , in the 22 Pinole Valley Shopping Center , Contra Costa County , State of 23 California , at the instigation of KEVIN OLIVA and said other 24 defendants and in furtherance of a conspiracy and agreement 25 between them at said time and place shot plaintiffs and each of 26 them with a firearm causing plaintiffs to incur and suffer the 27 injuries and damages herein set forth . 28 WHEREFORE, plaintiffs pray judgment against LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 19 Suite 13101 Concord. CA 94521 14ISI 672.2080 e. defendants , and each of them , as follows : 1 2 1 . For general damages in an amount according to 3 proof at time of trial ; 2. For medical expenses in an amount according to 4 5 proof at time of trial ; 3 . For loss of income; 6 4 . For costs of suit incurred herein ; 7 8 5 . For interest pursuant to law; 9 6 . For exemplary and punitive damages in the sum of 10 $2 , 000 , 000 . 00 on the Seventh and Eighth Causes of Action ; and 7 . For such other and further relief as the court may 11 12 deem just and proper. 13 DATED: �Yl , 1985 . LAW OFFICE OF JOHrd M. STARR 14 15 ' 16 JOHN M. STARR 17 Attorney for Plaintiff 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. _ 20 Suite 8.101 Concord. CA 94521 II 141.51672.2080 1 LAW OFFICE OF JOHN M. STARR 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorney for Claimant 6 7 8 In re the claim of : ) 9 Claimant : JAMES D. SBALWICK ) CLAIM FOR PERSONAL INJURIES (Government 10 vs . ) Code 59101 11 Respondent : STATE OF CALIFORNIA ) ) 12 13 TO: THE STATE OF CALIFORNIA , DEPARTMENT OF CORRECTIONS : 14 You are hereby notified that : JAMES D. SHADWICK, 110 15 O' Rourke , San Pablo , California , claims damages against the 16 State of California in the amount , computed as of the date of 17 presentation of this claim, of $5 , 000 , 000 . 00 . 18 This claim is based on personal injuries sustained by 19 claimant on or about January 19 , 1985 , under the following 20 circumstances : On or before January 19 , 1905 , agents, officers 21 and employees of the Department of Corrections of the State of 22 California and the State of California , negligently, carelessly , 23 recklessly and improperly supervised , managed , directed , and 24 controlled JODELL WILLIAMS , a parolee from the Department of 25 Corrections of the State of California so as to permit JODELL 46 WILLIAMS , a convicted felon , to possess , control , or have accesE 27 to concealable firearms at his place of residence and to cam 28 said concealable firearm on his person . On the date of Januar 1 19 , 1965 , at about 7 : 30 p.m . claimant was a pedestrian in th( 2 vicinity of 2772 Pinole valley Road , Pinole , Contra Cost . 3 County , California , when claimant was suddenly and unexpectedl: 4 attacked by JODELL WILLIAMS in that JODELL WILLIAMS discharged 5 concealable firearm at claimant and a bullet from said firear: 6 struck claimant , all of which caused permanent damage and injur: 7 to claimant ' s person . 8 Claimant ' s injuries are as far as now known on th 9 date! of presentation of this claim : gunshot wound to the skul 10 causing loss of mental function , concussion, scarring , pain 11 sufferring , mental and emotional distress , weakness in arms an 12 legs . 13 The names of the public agents , officers , employees 14 and representatives causing claimant' s damages and loss are a 15 this time unknown to claimant . 16 The names of the public agents , officers , employees 17 and representatives causing claimant ' s damages and loss are a 18 this time unknown to claimant . 19 The amount claimed , as of the date of presentation c 20 this claim, is computed as follows : 21 Medical and Hospital Expenses $ 501000 . 01) ( to date and future estimate ) 22 General Damages $4 , 950 , 000 . 00 23 ( to date and prospective) 24 Total Claim ( as of date of $5 , 0001000 . 00 presentation of this claim) • 25 All notices or other communication with regard to th 26 claim should be sent to JOHN M. STARR, LAW OFFICE OF JOHN 27 STAZH, 1460 Washington Boulevard , Suite 8-101 , Concor 28 2 Ca.lifornir 94521 , ( 415 ) 672-2040 . 1 DATED: April 25 , 1985 . 2 LAW OFFICE OF JOHN M. STARR 3 4 -�c - �OHIY M. STARR 5 Attorney for Claimant 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - PROOF OF SERVICE 4Y MAIL - CCP 1013a, 2015.5 1 1 declare that; 2 1 am to resident of/employed in) the county of...................—C.a.nt.r.a....G.QSt.a......................................___.__......� California. i ICOUNT WHERE MAIUNG OCCURRED, 3 1 am over the age of eighteen years and not o party to the within cause; my (business/residence) address is: ..............._..... 4 ,14.60.,._tyas.hi.ng.ton B.1yd,n.,.....Suite..,.. B-10.],,..ConCord.,.....C.A 94521 5 on .........AP..r.il.....2.6.J.....1.9.$.5............................ I served the within ..........Cldim for Pe,rsona.J._..Z.11.J.11.r.j.". ........................... IOATO 6 _............................................................................................................. on the ...............li,ste.d....DArt.Y......._._.................................... 7 in said cause, by placing a true copy thereof enclosed in o sealed envelope with postage thereon fully prepaid, in the 8 United States mail at ........................... �n.CO.Zcj..r....(al,ifor•ni.a addressed as follows 9 State Board of Control 926 11.711 Street, Suite 300 10 Sacramento, CA 95814 11 12 13 14 15 16 17 18 19 20 21 22 23 1 declare under penally of perjury that the foregoing is true and correct, and that this declaration was executed 24 Apr. .l...2 .1.... ..$.................. . ............ ...... at ........... .6UIOATD Concord....... ............ Colifarr IP�J,CD 25 ' 1, 26 Lori R. Bisordi 71 ..................................... 1 Lc i mPE on PnINT NAMO•• S3NA iUR( ATTORNEYS PRINTING SUPPLY FORM NO. 11•S REV.JANUARY 1273 1 LAW OFFICE OF JOHN M. STARK 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorney for Claimant 6 7 8 In re the claim of : ) 9 Claimant : KENNETH D. REED ) CLAIM FOR PERSONAL INJURIES [Government 10 vs . ) Code 5910) ) 11 Respondent : STATE OF CALIFORNIA ) 12 13 TO: THE STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS : 14 You are hereby notified that : KENNETH D. REED, 2019 15 Murphy Drive , San Pablo , California , claims damages against the =16 State of California in the amount , computed as of the date of 17 presentation of this claim, of $5 , 000 , 0.00 . 00 . 18 This claim is based on personal injuries sustained by 19 claimant on or about January 19 , 1985 , under the following 20 circumstances : On or before Januory 19 , 1945 , agents , officers 21 and employees of the Department of Corrections of the State of 22 California and the State of California , negligently, carelessly , 23 recklessly and improperly supervised , man ged , directed , and 24 controlled JODELL WILLIAMS , a parolee from the Department of 25 Corrections of the State of California so as to permit JODELL 26 WILLIAMS , a convicted felon , to possess , control , or have access 27 to concealable firearms at his place of residence and to carr;. 28 said concealable firearm on his person . On the date of Januar,. 1 19 , 1985 ,. at about 7 : 30 p.m . claimant was a pedestrian in the 2 vicinity of 2772 Pinole Valley Road , Pinole , Contra Costa 3 County , California , when claimant was suddenly and unexpectedly 4 attacked by JODELL WILLIAMS in that JODELL WILLIAMS discharged a 5 concealable firearm at claimant and a bullet from said firearm g struck claimant , all of which caused permanent damage and injury 7 to claimant ' s person . 8 Claimant ' s injuries are as far as now known on the g date of presentation of this claim : Permanent lesion at the T-4 10 spinal location causing permanent paraplegia , scarring , pain , 11 sufferring , mental and emotional distress , medical expenses and 12 future wage loss . 13 The names of the public agents , officers , employees , 14 and representatives causing claimant ' s damages and loss are at 15 this time unknown to claimant . 16 The amount claimed , as of the date of presentation of 17 this claim , is computed as follows : 18 Medical and Hospital Expenses $ 50 , 000 . 00 ( to date and future estimate ) 19 General Damages $4 , 950, 000 . 00 20 ( to date and prospective ) 21 Total Claim ( as of date of $51000 , 000 . 00 22 presentation of this claim) All notices or other communication with regard to thi 23 claim should be sent to JOHN M. STARR, LAW OFFICE OF JOHN M 24 25 26 27 28 2 - C" 1 STARR, 1460 Washington Boulevard , Suite B-101 , Concord , 2 California , 94521 , ( 415 ) 672-2080 . 3 DATED: April 25 , 1985 . LAW OFFICE OF JOHN M. STARR 4 5 6OAto'rney M. STA-AR for Claimant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 - PROOF OF, St RVICF BY MAIL - CCP 10130, 2015.5 1 I declare that: i 2 1 am (a resident of/employed in) the county of.......................Ca.ntrA....Co..S.ta.............................................__.•_... California. KOuw" wr.CRE MAIU-G OCCORRED, 3 1 am over the age of eighfeen years and not a party to the within cause: my (business/residence) address is: ...................... 4 ,14.60•,.•��ashi.ng,ton .Blvd ....... Suite..... A-10], ..Concord, CA 94521 5 On ..........pIPr].•1,,,•,2•.6.s..... 5.......................... 1 served the within ......U.a.im....tor....i?.e.r.5,0,nal....1nj.urie,3_ IOATO 6 _............................................................................................................. on the ..........ki.S.tg.a....PA.r.t1'....................................I.................. 7 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 8 oncord ,...•c'aliLornia United Stales mall of ...........................�.......... ... ................................................................................ addressed as follows: 9 State Board of Control 926 "J" Street, Suite 300 . 10 Sacramento, CA 95814 11 12 13 14 15 16 17 18 19 20 21 22 23 f declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed I 24 Apr .... ....6..x.....1985 of ...................Conco.rd.........................................................._. Cotitarni ..MATCI•............................................ Iov.Co 25 26 Lori R. Bisordi .................................................................................................................. (TYPE OR PRINT NAMp SENA r.PE ATTORNLYS PRINTING SUPPLY FORM NO. 11•5 I LAWOFFICEOFJOHN M. STARR „ 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672-2080 4 5 Attorney for Claimant 6 7 8 In re the claim of : ) 9 Claimant : JAMES D. SHADWICK ) CLAIN FOR PERSONAL INJURIES (Government 10 vs . ) Code §910] 11 Respondent : COUNTY OF CONTRA COSTA) and RICHARD RAINEY, ) 12 SHERIFF OF CONTRA ) COSTA COUNTY ) 13 ) 14 TO: COUNTY OF CONTRA COSTA, and RICHARD RAINEY , SHERIFF OF 15 CONTRA COSTA COUNTY : 16 You are hereby notified that : JAMES D. SHADWICK, 11C 17 O' Rourke , San Pablo , California , claims damages against the 18 County of Contra Costa and Sheriff Richard Rainey in_:.the amount , 19 computed as of the date of presentation of this claim , o; 20 $5 , 000 , 000 . 00 . 21 This claim is ba3ed on personal injuries sustained b,. 22 claimant on or about January 19 , 1985 , under the followin< 23 circumstances : On or before January 19 , 1985 , agents , officer 24 and employees of the Sheriff ' s Department of the County o 25 Contra Costa , negligently , carelessly , recklessly and improperl 26 investigated, controlled , directed , and maintained record 27 of handgun purchases by residents of Contra Costa County so a 28 to permit JODELL WILLIAMS , a convicted felon, to possess I control , or have access to concealable firearms at his place of 2 residence and to carry said concealable firearm on h=is person . 3 On the date of January 19 , 1965 , at about 7 : 30 p.m. claimant 4 was a pedestrian in the vicinity of 2772 Pinole Valley Road , 5 Pinole , Contra Costa County , California , when claimant was 6 suddenly and unexpectedly attacked by JODELL WILLIAMS in that 7 JODELL WILLIAMS discharged a concealable firearm at claimant and 8 a bullet from said firearm struck claimant , all of which caused 9 permanent damage and injury to claimant ' s person . 10 Claimant ' s injuries are as far as now known on the 11 date of presentation of this claim : gunshot wound to the skull 12 causing loss of mental function , concussion , scarring , pain , 13 sufferring , mental and emotional distress , weakness in arms and 14 legs . 15 The names of the public agents , officers , employees , �16 and representatives causing claimant ' s damages and loss are at 17 this time unknown to claimant . 18 The names of the public agents , officers , employees , 19 and representatives causing claimant ' s damages and loss are at 20 this time unknown to claimant . 21 The amount claimed , as of the date of presentation of 22 this claim, is computed as follows : 23 Medical and Hospital Expenses $ 50 , 000 . 00 ( to date and future estimate ) 24 General Damages $4 , 950 , 000 . 00 25 ( to date and prospective ) 26 Total Claim ( as of date of $5 , 000 , 000 . 00 presentation of this claim) 27 All notices or other communication with regard to thi 28 claim should be sent to JOHN M. STARR, LAW OFFICE OF JOHN M 2 - 1 STARR, 1460 washingtcn Boulevard , Suite B-101 , Concord , 2 California , 94521 , ( 415 ) 672-2080 . 3 DATED : April 25 , 1985 . 4 LAW OFFICE OF JOHN M. STARR 5 6 - � / QE 1 M. STA R " 7 Attorney for Claimant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 - 3 - \ PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 1 1 declare that; 2 1 om (a resident of/employed in) the county of.......................� Q.t1.1 rd.... .Q$t3................... .................................. California ICauNTY wHEAE MAKING OCCUAAEDI / 3 1 am over the age of eighteen years and not o party to the within cause; my (business/residence) address is: ._......._.......... 4 .14.60....t;las.hi.ng.ton Blvd...,.....Sui,te. B-10], Concords CA 94.521. _...................._........ 3 On ......April..... .6.r..... .9.85..............................I I served the within .......Claim....for....Per,sonal..... 1.i1.1u.> .l.e. o.rD 6 _.............................................................................................. ............................. on the isted....P.ar.ty............................._......._..._...._ 7 in said cause, by placing a true copy thereof enclosed in o sealed envelope with postage thereon fully prepaid, in the 8United States moll of .................. ? orn.1 . .a....................................................... addressed as follows � .......... 9 Board of Supervisors County of Contra Costa 10 651 Pine Street Martinez , CA, 94553 11 12 13 14 IS 16 17 18 19 20 21 22 I 23 1 declare vnder penalty of perjury Ihot the foregoing is Irue and correct, and that this declaration was executec 24 Rp> _i:.l.....�.6..,.....1.9.85:�0 at Concord IP�:eo Colfor ...............................I....... ................................................... _. 25 . 26 Lori R. Bisordi t. C.� [t? G�.Ci (TYPE OR PRINT NAMD $5NAtiRE ATTORNEYS PRINTING SUPPLY FORM NO. 11-5 Arv. /ANVAAY 1973 1 LAW OFFICE OFJOHN N1. STARR� 2 1460 Washington Boulevard, Suite B-101 Concord, California 94521 3 Telephone: (415) 672.2080 4 5 Attorney for Claimant 6 7 g In re the claim of : ) g Claimant : KENNETH D. REED j CLAIM FOR PERSONAL INJURIES [Government 10 vs . ) Code 5910) ) . 11 Respondent : COUNTY OF C014TRA COSTA) and RICHARD RAINEY, ) 12 SHERIFF OF CONTRA ) COSTA COUNTY ) 13 ) 14 TO: THE COUNTY OF CONTRA COSTA, AND RICHARD RAINEY , SHERIFF OF 15 ' CONTRA COSTA COUNTY : 16 You are hereby notified that : KENNETH D. REED, 2019 17 Murphy Drive , San Pablo , California , claims damages against the 18 County of Contra Costa and Sheriff Richard Rainey in the amount , 19 computed as of the date of presentation of this claim, of 20 $5 , 000 , 000 . 00 . 21 This claim is based on personal injuries sustained by 22 claimant on or about January 19 , 1985 , under the following 23 circumstances : On or before January 19 , 1985 , agents , officers 24 and employees of the Sheriff ' s Department of the County of 25 Contra Costa , negligently , carelessly , recklessly and improperly 28 investigated , controlled , directed , and maintained records of 27 handgun purchases by residents of Contra Costa County so as to 28 permit JODELL WILLIAMS, a convicted felon , to possess , control , I or have access to conc al able firearms at his place of residence 2 and to carry said concealable _ firearm on his person . On the 3 date of January 19 , 1985 , at about 7 :30 p.m . claimant' was a 4 pedestrian in the vicinity of 2772 Pinole Valley Road , Pinole , 5 Contra Costa County , California , when claimant was su-Mdenly and 6 unexpectedly attacked by JODELL WILLIAMS in that JODELL 14ILLIAMS 7 discharged a concealable firearm at claimant and a bullet from 8 said firearm struck claimant , all of which caused permanent g damage and injury to claimant ' s person . ..10 Claimant ' s injuries are as far as now known on the 11 date of presentation of this claim: Permanent lesion at the - T-4 12 spinal. location causing permanent paraplegia , scarring , pain , 13 sufferring , mental and emotional distress , medical expenses and 14 future wage loss . 15 The names of the public agents , officers , employees , 16 and representatives causing claimant ' s damages and loss are at 17 this time unknown to claimant . 18 The amount claimed , as of the date of presentation of 19 this claim , is computed as follows : 20 Medical and Hospital Expenses $ 50 , 000 . 00 ( to date and future estimate ) 21 General Damages $4 , 950 , 000 . 00 22 ( to date and prospective ) 23 Total Claim ( as of date of $5 , 000 , 000 . 00 presentation of this claim) 24 All notices or other communication with regard to this 25 claim should be sent to JOHN M. STARK, LAW OFFICE OF JOHN M. 26 STARK, 1460 Washington Boulevard , Suite B-101 , Concord , 27 28 2 - � 1 1 California , 94521 , ( 415 ) 672-2080 . 2 DATED: April 25 , 1985 . 3 LAW OFFICE OF JOHN •M. STARR 4 --7 OH M. STARR 41 6 At orney for Claimant 7 8 9 10 11 , 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - PROOF OF JERViCE BY MAIL - CCP 1013c, 2015.5 1 1 dtclore that: 2 1 am (a resident of/employed in) the county of........ .......CQ.ntra....cp5t4...... ...... ......................... California. ICOUN"WHERE MAIUNG C>CCUqAMI 3 I am over the age of eighteen years and not a party to Ike within cause; my (business/resident*) address is: .................... 4 B..I..v.d.............Su.i..t-e.....1.3710.1.....C.o.n.c..o.rd.......CA.......9452.1........_.......1.........._........_... 5 On ............:�p ....26....... .............. ...... ......... I served the within ........Clalm...for....Persmrtal....In.j.ur-in ?OATO 6 .......................................................................................................... on the ............... ...P.ar.tY.............................................. 7 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 8 United States mail at ........... Concord........�-,i 1 J.f priii a ................................. ......................................... ................................ addressed as follows 9 Board of Supervisors County of Contra Costa . 10 651 Pine Street 11 Martinez , CA 94553 12 13 14 15 16 17 18 19 20 21 22 23 1 declare under penalty of perjury that the foregoing ;s true and correct, and that this declaration was executed 24 Apr1.1.....2.6.1.....1.9 .............................................. a, .......... .................................................... colifor! JDATV 25 26 Lori R B i s o r d i n irypc on PniNT NAME) ATTOANCYS PRINTING SUPPLY FORM NO. II-S VERIFICATION 1 1 I declare that I am -the plaintiff in the within 2 action . I have read the foregoing Complaint. for Damages and 3 know the contents thereof. The same is true of my own 4 knowledge , except as to those matters which are therein stated 5 upon my information or belief , and as to those matters , I 6 believe them to be true . 7 I declare under penalty of perjury that the foregoing 8 is true and correct and that this verification was exe-euted on 9 November , 1985 , at =•,�� ,', �''i,lr, +, � California . 10 11 f 12 KENNETH REE 13 14 15, 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. Guice B•101 Concord, CA 94521 VERIFICATION 1 I declare that I am the plaintiff in the within 2 action . I have read the foregoing Complaint for Damages and 3 know the contents thereof . The same is true of my own 4 knowledge , except as to those matters which are therein stated 5 upon my information or belief , and as to those matters , I 6 believe them to be true . 7 8 i declare under penalty of perjury that the foregoing is true and correct and that /this /verification was executed on 9 1 u�V�W' ' November �, 1985 , at California . 10 11 v 12 MES SHAVNCK 13 14 15 . 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICE OF JOHN M.STARR 1460 Washington Blvd. Suite Bd01 Concord, CA 94521 1 PROOF OF SERVICE BY MAIL 2 I, the undersigned, 'declare: 3 I am a citizen of the United States employed in the County 4 of Alameda, State of California. I am over the age of 18 years and 5 am not a party to the within cause. My business address is 200 6 Webster Street, Suite 200 , Oakland, California 94607 . I served the 7 foregoing 8 CLAIM FOR DAMAGES (GOV. CODE 5910) 9 10 on interested parties herein by placing a true and correct copy 11 thereof in the United States mail at Oakland, California, sealed in 12 an envelope with postage thereon, fully prepaid, addressed as 13 follows: 14 Board of Supervisors County of Contra Costa 15 651 Pine Street Martinez , CA 94553 16 17 18 19 20 21 22 23 24 I declare the foregoing to be true and correct under penalty 25 of perjury. 26 Executed this 23rd day of May 1986 , at 27 Oakland, California. 28 THE LAW OFFICES OF KINCAID. GIANUNZIO, CAUDLE R HUBERT CHARLENE JjVFOSTER A PROFESSIONAL CORPORATION 2 WEBSTER STREET OAKLAND,CA 944M)7-3189 (415)K 5212 eLLIN gMn ct wmmim Q wm Moms 0—MM- ► AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNT— FLOOD CONTRgi� N W TER CON SERV jj6' June 24, 199'6 Qaim Against taut-- er Duet s �,�� b to ton :a governed by the Board of WPP-Tieoe !b 7• e a" Olais whe For flouting Dowsemental and Board notice of the aotim taken m lois' by Action. All B•ction refereno0a are boat'd of &Verviscrs (Paragraph lye 621w)• to California Govw=ftnt Godes Siaein pa'suant to Government Code aeotiao 113 and JUX 216030 nota 211 eitaraiWO Claiaattts Walter E. Nelson ,. Atta meyt Jeanette K. Shipman Law offices of Sterns , Smith, Walker MAY Address & Grell a i9R6 s 280 Utah Street Hand delivered Amounts Francisco , CA 94103 By delivery to clerk m _May 27 , $1, 000 , 000. 00+ Date 11e001vadt May 27, 1986 By tel• Potmarked m FKM.--Merk of t1w MOd of Supervisors lot 059EY, attached is a Copy of the above-Coto Claim. Datedt _May 30, 1986 _.PM IRTOELOR� (Mark, Py pray : COMEY : QsrK (Cheok only one) ( We claim Complies substantially with sections 910 mete 910.2. (� We claim nns to ocmply substantially with Sections Sao mad 900.29 mete ws 2r8 so notifying claimant. The Board oannot act for 15 days GSsvtim 310.4). ( Claim is not timely filed. Clerk should return Claim on ground that it wen riled late and send warnsn� of claimant's right to apply for leave to present a lata 4?aia (Section 911.3). ( ) Others DatedBy: putt County IIs. : Clerk of the Board ZD: (1) ty CoUDall, (2) County Administrator • ( Claim was returo0d as untimely with notice to claimant Motion 911.3). IT by unanimous vote of Supervisors P40Mt (xI We Claim is rejoeted in 141.1. ( ) O tart 11 b owury th14 e tM2A s a true Correct copy a r0i 2 un Datedt J� ]�3IL NT MLM0 Clerks Py %Y�t�-� • Deputy Clerk YAlOJ M (GOT* owe Section 313) Subject to oartain =optiooa, you bile" only silt (6) months rm the amts or lets aotioe was perscxta].ly servo or deposited in the nil to file a Court aoticn an lain araC. ase Goverment Loft Swum 315.60 lou may seek the advias of an attawy of your cholas in oatneetim vith lids Batter. If you want to Consult met attorney, you should do so tamsdiately. v. 2l mt Clerk Cf the Board SDs Q) amoty counmel• (2) Owmtr Adatnistratar tttatW ars copies of the above Claim. Ve ratified the Claimant of the aoard9s action an this Claim by mailing a Copy of this doeamt• mate a m6tso thereof has been filed anQ eetdarsed m the Baardgs Copy Cf We Claim in a000rdanoe with Ssetim 29703• ( 8 • wrung of claimants right to apply ftr Ift to t � t m Lie 01010 was mailed bilYID: JUN Jg'L SIIMELM• Mark. By � Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et s re: Nelson v. Contra Costa County Flood ControliR tt E+IVED TO: Contra Costa County Flood Control District MAYa 7 1986 Contra Costa County MAL BATCHEIC; 651 Pine Street RK IB rMOF r .:.o:.; Room 106 B Cl N 4 co c, 2=; 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: Walter E. Nelson 2523 Tamalpais Avenue El Cerrito, CA 94530 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 14, February 18 and March 10, 1986 at c/o Broadline Corporation, 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 27, 1985 JEANETV K. SHIP Attorney for Claimant 3505-B CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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. nrclm.rpt Q ar su�vg'oRs W Cam Men oMM-0 camcher Main Against tae Cou,ty, or bistrict hMCE 10 CLNx 1h3 June 24, ' 1986 ' aoverned by the Board of SuPerviMme jbs Ow s o�voes�ti sailed to you is lois' flouting Bndorsaments, and Board notice of the nation ulnen on yar a aim bl !0s Action, All Section references are Board of Supervisors Vare to i►e below). to California Gov*Trish Codes _ Brea Pirsuant to Government Code Sectim 913 Walter E. Nelson and 915.40 nesse note an ���'• Qaisat,tt •• rte. Attorneys Jeanette K. Shipman `^""��l cowu Law offices of Sterns , Smith, Walker MAY)01986' •ddrasst & Gre l 1 280 Utah Street Hand delivered Amounts San Francisco, CA 941:03 By delivery to clerk cn _ May 1986 $1 , 000, 000. 00+ Date Beoeivedt May 27 , 1986 By mil• postmarked eo . YXM.-- -Merk if Uke Board o SupervMR lot 05rxry Attached is a copy of the above-noted claim. _ , Dated! Mag 30, 19&6 VM BLTdO M t Clerk. By IL\:oma a h les 11, = y C-mwel WsClark)ff the Board or (Check only one) ( I This claim oompliss substantially with Sections 910 and 910.2. (>O This claim TAILS to comply substantially with sections 910 and 910.29 std we are so notifying claimant. The Board cannot act for 15 days 4Section 910.0. ( ) Claim is not timely filed. Clark should return Claim an Paad that it w tiled late and send ramiof alaimantrs right to apply for leave to present a lets claim (Section 91;1.3). Others Dated: By= ON, c putt ty MaFei III. !nil, Clerk of the Board IN (1) County Cassel g (2) County Administrator r ( I Claim was returned as mntimely with notioe to claimant (Section 911.3). IV. Mw am By uwdmmn vote Cf Supervisors present ( I This claim is rejeoted in rWl. ( I Others certify that Me Is a true im Correa copy ar the Boardta order entered is min�tssor this date. �/ Dated, JUN 4 1986 Pm. BATomme Clark. By o��Y� . Deputy Clerk VAMM (acv. Coda Section 913) 9AJO*t to certain esaeptioost you have only six (6) months fram the date or Ws notice w peQ'sor,a]ly served or deposited in the sail to file a cart action m this claim. Sea Goveatment Code SeCtion 945.6. ?cu may seek the advice of an attorney of your choice in 0012sction with we Patter, If you rant to consult on attornen you should do so immediatelye V, hOls Clark of the Board Ws CO Cannty Counsel1 (2) County Administrator Attaeasd are OV,ias cf tae above claim. We notified the claissnt Cf tae Board's '*tion an this Claim by mailing a copy of this docuaeat, and a mw thereof has been filed Wd endorsed on the Board's copy of this Claim in a000r%daroe with Section 29'(030 A vkrrIto �inAg of Claimant's right to apply rar Ieave t a tate claim e,as mailed %_ t— 2 3 (1 14Rf ..y�y UMMUS. Clark. Br► • 'X//1 / . Deflut7 Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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: Walter E. Nelson 2523 Tamalpais Avenue E1 Cerrito, CA 94530 RE D 2. The address to which notices are to be sent is: Jeanette; K. Shipman MAY2l jogs LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIL BATCHELOR 280 Utah Street �CLEA o�� o SUPERV� RS NTH OST O,.(�°� ,, San Francisco, CA 94103 eti `'��ty 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at c/o Broadline Corporation, 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 27, 1985 JEANE K. SHIP Attorney for Clai ant 3505-B CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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; (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: Nelson 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 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. „�Or su" tY mops Q ram mm amm, t Lym-n- Claim Against Uw County, or tdatrist • er 10 CL June 24, 1986 governad by Aha Board of Supervisorso llsa copy or s document=Ilad to Ym to tote touting lrAorsecents, and board notice of the action taken an pass ow Action. All Section references are !bard at Averiisars Vararspb M udw) to California Government bodes ttwn Piv ant to 00TWUNMt Gods tsoticn 3 Claimants Dwayne Harmon and IM5•4• 111lase note Au aiiarsitlpe•COunty COU13W Attasmeys Jeanette K. Shipman JUN 0 41986 Sterns , Smith, Walker & Grell MtiitaX. 14� Wrens 280 Utah Street San Francisco, CA 94103 hand delivered Amounts $1,060,000. 00+ gy delivery to alark ao May 28-, 1986 w_ gate bo dwds May 28, 1986 By tailf postmarked an Mark of Vii BoLrd of Attacised is a copy of tehe abovenvisors j County tad algia. beteds June 3, 1986 PM &%TcH&M. Qgrk, by VXM: CCKMty COMA61 Wo CLww or uw am !Check only asst) !� !leis Claim complies substantially with Sacticm 910 and 910.2. ! I We claim TA= to amply substantially with Sections 120 and 120.29 seed Ws ares so notifying claimant. The Hoard cannot act for 25 days (Section 110.11). ! 3 Claim is not timely fired. Clark should roturn claim an Q'ud that it Was tiled Sate ane send warning of olaiwnifs right to apply for leave to present a Lte 02aim (.Section ! I Mimes gated: c. syn cwt f putt' �rsty �,••• 2II. 171CM: Clark of the Board 'iUs (1) Casty Casssel, (2) Canty Administrator ! I Gain wan sternad as sntimly with notice to alaiaearst G •etiaa 1kt1.3). IT. Dun am by usreaniwm cote of Supervisors present !SCI We alate is rejected in fuu, ! I Others oars i itsa s s a true correct cm •s an its— IdMA&A tar this date. gated, lHI1. DA?CRLCR, Clerk. By . �� • Dap�y Qerk �j� to certain axo&ptjc=, glom he Wye fix (6) nonths tram ton aato at his notice was 9v'aonally served or deposited in the nail to fila a court notim m this algia, sae Government Coda Sectim 915.6. 'tau ®y seek the advice Cc an attam3ey of poor 610108 in awrsaftion With thu aattar. If you rant to consult an attmays you should do so immediately. Clark of the Board vDs !l) Clot! Clouse&!, (2) Cosset! Adaiaistrator bAttached are capias of the above a3-4 . We acetified the claimant at the Dosrdle ion an this claim by smiling a copy of this &CLO unto and a Banco thereof hes been filed endorsed m the; !bards copy of this Claim in aaooebsnoe With Section M3, ( I to ftlaimantA Warning of elalwnt•s rie t to apply for IeNns t Is lite elate wan nailed OATMC JUN-U71986 �NZ *AT==s Mark. 1t' -_ gepurty Clerk • L CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQU TAB LIEF Government Code, Section 910, et re: Harmon v. Contra Costa County RECEIVED MAYcA( 1980 TO: Contra Costa County 1:00P.M. Clerk of the Board PNL BATCHUM 651 Pine Street tezK novo,s • Room 106 )r' 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: Dwayne Harmon 2210 Giant Road 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 17, 1986 at 2210 Giant Road, 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. May 27, 1986 J ETTE K. PMA, Attorney for laimant 3019-A CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents, servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 ; t h (d) . By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 suture flooding ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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 . spablo.rpt wPIm or dM mm OOZlffi, GWARIM AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD EMAM CONTROL AND WATI QOUS NATION DIST ' C1aL notthe County,, W am 20 CLAIW June 24, 1986 governed by the Board of 2uparris"t OW coff a document b to Ioo Is l01r !touting VAwsamentao anxi Board wtioe at the action takrn oo Irar a ain b2 lbs Aetion. All Section: reforerioas are Board of B pervison (paragraph We 681Gw)p to California Qoveryment Codes - given pro"& to Government Coda Sectiaa !13 smd 915.86 flew now all avan*wpe Claimants Dwayne Harmon county CMN" Attasmsys Jeanette K. Shipman Sterns , Smith, Walker & Grell JUN 04 1986 Addreass 280 Utah Street San Francisco , CA 94103 Hand deli er d dBtAL�'R Amounts $1 , 000, 000. 00+ �+ �sliwry JS p�lerk an May 28, 1986 Vote 11eoedvei0s May 28 , 1986 NY email, ooslaarks0 Gn ark ir the Board 37 Xpervisom Vol y ciao Attached is a copy, of the above-noted Clain. nateds _ Jung 3 . 198E !M BATQOIAR. Clark, By K4,1 ri = county : Clark-or (0wok only arse) (� his claim oomplies substantially with Sections 910 and 910.2. ( This Claim TAnZ to Comply substantially with Sections 910 and 910.29 and ra ars so notifying claimant. The Board oaneot act for 25 days GSeetion 910.8). t ) Claim is not timely filed. Clerk should return claim on ground that it was filed ,late and send waning of Claimant's right to apply for leave to present s late GIRLS (Section 911.3). Others Oateds 7 ' ��2 BY= . . 1 �� puty ty We nM: Clerk of the Board 20: (1) Codnity 0ounse19 (2) County Administmtor ( ) Gain res returned as untimely with notice to claimant (Section 911.3). IT, BARD GiQiJt By uemrd as vote of 81pervis" prasee t t�CD !leis GIRLS is rejected in r411. t 9 Others y that M s to a trio 4M Correct copybf 's so 151MILe8 for (lits date. tered In-ra-- hated: JUU 2 4 1986 lHIi, b1Tamer,, Mark, By *_"put? Clerk VAN= (Gove Code Section 913) Subject to oertain *=optimsse you nava ally adz (6) nonUm thn the date of !lets motioe w PwVaNally served or deposited in the sail to rile a Court notion Gin this alms. See GovW: Wt Code S"UGn 945.6. Tau say seek the advice Gf an attorney of Your cholas in conrw Ian' witb this rttm'. It you rant to nonsuit on attorneyo you should do so timedistaly. V. n MIs Clark of the Scard Ips CI) ommty poZMI, (2) County Administrator Attadmd era capias of the aboea Clain. We notified the Glaiaant of the BDard's action an this Claim by sailing a Copy Of this doemtg and a ammo thereof bas beseas tiled and aodorsed m the Board's copy of thts CLais in a--'&— with Ssetior= W034 ( f A wansing Cf 01aiaant's r1107t to apply rbr leave to t a late Alma wns sailed A1TEnsto �tnerl m Mairk# By •� Deputy Clerk i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Harmon 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: Dwayne Harmon 2210 Giant Road San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is. Jeanette K. Shipman {;;AI 1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIL TCHELOR 280 Utah Street V AR, SUPERVISO San Francisco, CA 94103 A-• •• • •... 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 2210 Giant Road, 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 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 27, 1986 JE At - 'rney for imant 3019-A CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 ; J. (d) By reason of the foregoing, said entity maintained and continues to maintain a dangerous and defective condition of its property ; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt `a J ARA Q' !Df'�t1Tll�t.S or dM mil alms 992M AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD CONTROL ANIIS� WATE�gt__ CC0�S NATION DIST Q �D= June 24, 1986 Main �tin:st the County„ ar �iataaC� sovw-wd by the Doard of Super !b. an s en ed !o !vo l+sP w flouting Dr:dorsements, ane! Dowd scoot of the actim taken m ataim Active. All Sections reforenoea ars :Cara at &+e'dsa's ITS b dm)t to Cat i forni s Gover meat Codes _ Ai vtn prsuant to Govibirms Bods S --- 93 and 925.+. 1least note all sitaraIw e Claitat:ts Judy Duchene •• cOyAN corrn.p: Attasays Jeanette K. Shipman J'JN U 4 1986 Sterns , Smith, Walker & Grell `,�LCn Addre"I 280 Utah Street San Francisco , CA 94103 �,d bowts $1, 000 , 000. 00+ �rHaeli d•eli %irk ao May 28, 1986 Date Aeoedved: May 28, 1986 ley mailip poslaat'w an . 'Mork if the 96Lrd o pe soh lot URI ciazil Attached is a copy of the above-noted alai:. , nateds .Tune 1. 1986 _IM UTQffiAR I MWkg ley • : y s sr (Check only one) (X) This claim ocmplies substantially with Deotions 910 and 910.2• ( Ibis Claim TAILS to o®ply ribstantially with Sections 920 and 910.29 and Ma RM so notifying claimant. The Board cannot act for 15 days (Seetlm 910.9). ( ) Claim is not timely filed. Clerk should return claim an guard that It was filed late and send w rrd of olaimant's right to apply for leave to present a late Claim (Section 411.3). ( ) Others Datedttl BY: poly D&Efy MiE We : Clerk of the Dowd 201 (1) CoWnty Counsel. (2) County Admiaistratar r ( Main Vers returned as untimely with notice to claimant (3eotion 911.3). I9, DDMRD G1G7Ol By unanimotm vote of Supervisors Pisan (y) lois claim is refected In f uo ( ? Others e0e�== the s s a true oonrect Copy 's m nated� J UN 1986 this PM D ?=M, Mork, ft . Deputy Clerk VARA M (Gov• Cade Section 9i3) *Ajec't to certain esoeptiaaI you have Daly six (6) aonths thn the &to or this Douce was parsormlly sa=ved or deposited in the sail to file a Court actin m tan &lata• See Govw=nment Code .fectdon 955.6. TCU nay seek the advice of an attamsy of 4o:r a6oios in oonnion with aim MUSE. It you want to consult On attAMsey• yoU should do so Inwdiately. V. !Dopa: Mark at the board 41Ds Cl) Casty Cogoa 0 (2) Oounty Administrator AttaChi.d are eo'ptas of the abm Claim. We banned the claimant of the board's MUM an this Claim by sailing a copy of this d=meatg and a ago thereof has been filed W twin=ned on the Dowd's copy of this Claim in a000rdanoe with 9sctiea 29703• ( ) A warming of •s plot to awy for have to t a late Claim was mailed DIT=,OR e Mork. By �. � • 90DA7 Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Duchene v. Contra Costa County Flood Control District TO: Contra Costa County Flood Control District Contra Costa County 651 Pine Street Room 106 ,�Iartinez, 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 addre J;J of the claimInt is� � Judy Duchene 2027 Colusa Corning, CA 96021 RECEIVED 2. The address to which notices are to be sent . Jeanette K. Shipman MAY tort� LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PN LB TCMEIOR 280 Utah Street LERK TRA F T CRVISOR San Francisco, CA 94103 e 3. The circumstances which give rise to this claim occurred on or about February 17, 1986 at 900 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 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 27, 1986 JEANETTEHIP +� Attorney fo Claimant 3008-B CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 ; j. (d ) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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 . spablo.rpt -- - ---- _ _ _ i,5 XM" wrzmm or mm- wom■ WAMWZA . Q ip Asia Agairtst tbt CousttY, or >pistriat s Qn 1TPW June 24, 1986ed to L lois' Roverasd by the Board of 8upsrvLWMP The CCP! 1loutir4 w dorsementsl and Board atatios of the motion taken aD lot:• 17 WOAction. All section references art board at �itors Owls raph Twogym),► to California Goverment Cane+ wd�S�6pX nte��t ��a° �3 Maimarsts Judy Duchene County Counsel Attors"t Jeanette K. Shipman JUN O 4 1986 Sterns , Smith, Walker & Grell dddr e"t 280 Utah Street San Francisco, CA 94103 hand delivered ��w Amounts $1 , 060,000 . 00+ NY delivery to Clark an May 28 , 1986 nate Beoedvadt May 28 , 1986 ft mails postmarked aD . wM. -Mork-or W Board o Supervisors 15, y Attaohed is a copy of the above-noted aloha. . batsdt June 3, 1986 RM BATCHEM9 Clarke By : County CRIM-U, : Clark VF-M board or DUPW (Check only ane) ( We Claim o®plias substantially with Sections 1110 sed 810.2. - ( ) ihis claim tAn.s to Comply substantially with sections 1110 .nd g10.29 and We are so notifying claimant. The Board oannot act for 15 days (Section %Do$). ( ) Maim is not timely filed. Clerk should return claim an pvww that it was riled late and send warnin; of claimant's right to apply for leave to presaet a late claim (Section 411.3). ( ) otbert , bated: 1,17-7, BY: �-c pAY ty III. nONs Clark of the Board SCt (1) Gouty Counsel t (2) County Sdmiaistratee V ( ) Main was returned as untimely with notice to Claimant (Section qu es). I9, so= gm By ur:aaiamn vote of Supervisors Present (�Q lis Claim Is refected in rule. t D Otters Ilalftnt the s dateWS s a true Correct Copy (the �/ 's m ds natedt 9o0 !hill. BATCHMM 9 mdftw�Mork BY �`. Y Y �C� . ntptrty Mark ItAMM (Gov. Mde Section 913) 8ab,)ect to certain =optionsq lou have Cary six (6) months r m the data Cr leis Doti 0e Mas paa-scrtallY ;served Cr depoe tad 10 the mail to rile a Court notion an this claim. 8" Gowment Cade Stotioel "S.6. !Cu may seek the advice of an attomwy at lour Choice in cam= Ion Idth this Fatter, it lou want to Consult an attomayt you Should do so immediately. 7. FMs Clerk of the Board mt Cl) owjoty oVj,tu. (2) County Administrator ♦tta0hod are Copies of the above Claim. Ve 0otified the alaisant or the Boordoa action an this claim by mailing a copy at this doeumteatg meso a Famo tbereof has been tiled IM andoraed an the Board's Copy Cr this Claim in uc daaoe with Ssation 29703. ( ) 8 =Mlrg�of 01900int•s right to MP97 tw leave to71a t a late Maim was mailed to�Z'ml E 3 O 19m !AIL biT�.OiRs Qerks Dy " --� beputY Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Duchene v. Contra Costa County RECEIVED TO: Contra Costa County MAY A8 1986 Clerk of the Board 1•00RM • 651 Pine StreetPHIL BATCHELOR /-CLERK BQARD OF SUPERVISORS Room 106 C RA COSTA Martinez, CA 94553 B Deputy 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: Judy Duchene 2027 Colusa Corning, CA 96021 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 17, 1986 at 900 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. May 27, 1986 Ctu t+ i n"�'✓1 ;1- JEANVTE K. SHI AN Attorney for Claimant 3008-B CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 ; k (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. r. spablo.rpt ELLIN 1p� Q' lti7mt9 m Q dM w= U=Tr. COLEMM AND AS GOVERNING BOARD OF THE CONTRA .CQSTA COUNTY FLOOD CONTROL AND WATEf ON natMSE VATION DIST20 CILAIRM June 24, 1986 Maim L�inst the 01M of or Tisorse • oeumea ed too 200 Im �vet9ed b7 the Board Of Super-visors, Tl:s copy elate Par pouting EtdocsM0Mtaa and Board wtios of the action Latera oa jar by taw Ictiaa. Bll Section Ww%enoss ars Board of Awdsors Vw"M"b wo bela)r to Calita"da Government Cow and m pur1156%!f t m �3 s"@ now an wwaminwo Claimants Frank Duchene County cou11SL1 Attorneys Jeanette K. Shipman �t1N 04 1986 Sterns , Smith, Walker & Grell Addriess 280 Utah Street "sem San Francisco , CA 94103 and �ts $1, 000 , 000. 00+ BirHiv��rTl�'orcPidieic m May 28, 1986 � Date Aeosiwd= May 28 , 1986 s9 Rails Patima'w as PWT—Clerk if Die o Supervisors : CMmtY COUNNI Attached is a copy of the above-Doted algia. Bateds �June_ 3- 19R6 JRM IATMAR r Clarke �► r``'�►��� • : Y = Mark (Cheek only ane) (X) 2Ws claim o=pliea substantially With Sectiaos 910 Ond 910.2. ( ) 'ibis claim TAILS to *®ply substantially With 9set1ons 9M0 end 910.29 old ra as so notifying claimant. The Board oannot act for 15 days (Section 910*00 ( ) Claim is not timely filed. Clark should return claim on rvund that it was filed late and send Marring of olaimantss rift to apply for leave to Pressat a late elais (Section 91]1.3). ( ) Otaars Dated: 'X- 1 l 7, By: mac_ Z,777cc7i7->c 2 poly ty III. fit: Clerk of the Board 70: Cl) Ca my COunsals (2) County Administrator • ( ) Claim was returned as untimely With notioe to claimant (Section V1.3)• IT. Mw atm By WuLnImma vote of Supervisors r asset (�() Tlsis dais is resected in hill. ( ) Others bwU-Fy-Mt 03 Is a true imcorrect copy or tie Floiats on adniltss for this date. _Dated: JUN 2 4 Mr, n VATLMARs Clarks By ��,� . OPPAY Clark VAMM (Goy. 0cda Section !R3) Subject to certain esoeptionee you have only six (6) months Dram the date or this Rotioe w Personally seer"d or deposited in the Rail to file a count motion ca lois alaia. Ser Governs 00t Code Ssctioo ,945.6. Toy gay seek the adyios of an attorney of lar caoios in oo:raction vdta this Ratter. If you rant to ommat an attorneys yvu ahcxdd do so immediately. V. nt: Clerk cf the Board TD: Cl) COuaty OXCAGI r (2) Oas:ty •dainistrmtar Attached ars eopim of the above claim. We notified the claisaat of the Sowtva action on this Claim by Railing a copy of this doeoneats gad a Ramo thereof by been filed slid wAcrsed an tae Board's GM of this Claim in aooadat:oe With Sactiea 29703. to t ( ) S taming of alalmantss right to apply for Isays to t • late slats MW �TE�: JUIV ;i I1.�g86 __�. aITQ� t. Qork. Bly < ge�- . naflllty Clerk 1;,' c2 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Duchene 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 Frank Duchene 2027 Colusa Corning, CA 96021 RECEIVED 2. The address to which notices are to be sent is: Jeanette K. Shipman MAY a4 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL s�TCLPVLe ±�- 3. RD280 Utah Street RA San Francisco, CA 94103 The circumstances which give rise to this claim occurred on or about February 17, 1986 at 900 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 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 27, 1986 JEANETT K. SHIPMA Attorney for Claimant 3008-A CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt CLAN Claim Again the �y, or bistadot ?iC'2 !p Q1D�4Rl� June 24, 1986 governed by the Board of 9uperviso�so so wff orBra's document flied le tar hiouting toorpownts o and Board notice of the action rattan to Boue' ailata b2 tae Attlee. All Section ref"noee ars Board of AVN-visors d'arasnuh M baler), to Califcmis Goverrssent 0, o 9iveo pureuaAt to Gommeent cob section P'3 and Ilse%* flew note all unty Camps Claimants Frank Duchene ,. Attossys Jeanette K. Shipman JUN 0 4 1986 Sterns , Smith, Walker & Grell ` Address: 280 Utah Street San Francisco, CA 94103 hand delivered •, luoutsts $1, 060, 000 . 00+ By dslivwT to elark an - May 28 , 1986 nate Reotivods May 28, 1986 By mail, poetaarW 00 . VW.-. --Mork pe Bo's lot CROY WaNz Attadwd is a copy of the above-noted olaia. Bateds June 3 , 1986 play, BATOMM 9 Qarkp m► pay VVER: y aiiial Ms GLN4L*r the Board or DAPWTUWM (Check only one) �}CI We claim oamplies substantially with Sectio» 910 and 910.2. ( ) We claim TA= 0 ocaply substantially with Sections 910 orb 910.29 and we are so notifying claimant. The Board oarsrsat act for 15 days (Section 910.0. ( I Mals is not timely filed. Clerk should return claim on groiasd that it was tiled late and send wamiq of claimants right to apply for leave to p%esent a late claim (Section 911.3). ( ) Other's Aced: C rte- BY u peaty ty �.� III. lots Al Werk of the Board IN Cl) Cossrsty Cowel, (2) County Administrator ( I Main was returned as ostiaely with notice to claimant (Sectio0 911.3). Y9, BDARD O CO By sr ardmocss Ate of Supervisors present (XI lhtis claim is rejected in !till. ( I Owers I Derurtha—'t W Is a lave And correct copy of the BoaM•s entered in rtma"� bmtedaie�s r this date. '�U`� g 1986 PM BAT RLW O Clerks By► ���-�_ . VVpAy Mark VARA= (Gov. Coda Bectim 913) Dnbject to oav'tain esoeptioaee Iou Save 0rsly six (6) months rpm the date or !Ms notioe was personally served or deposited in the nail to rile a coat actin a0 tag alai:. see Government Code Scotus 945.6. Tau say seek the advice of an attorney or your choice in ecnrac:tim with tilts !atter. It want to consult sn attornryv you should do so ately. B. BXlls Clerk of tae Dowd IN CO 0MMty CMVMla (2) &MtY Adminietrator Attached are eopise of the above claim. We notified the claisant of the Boardts action an this claim by mailing a copy of this doftwts and a auto thereof has been tiled Ind endw"d M the Board's copy of We Claim in aooadaaoe with 9action N703- ( ) A tia�lrantianssr�of clal court*s M jbt to apply ibr lean to a late claim was nailed AITID: UN /1 19R� 19�. S►TQ�Z1yR� Mark, 3y Oapcny Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq 4L re: Duchene v. Contra Costa County RECEIVED TO: Contra Costa County IiiWO' 1986 Clerk of the Board 1i00PM. 651 Pine StreetPHiI aATCKEIOR IERK a ARD Of SUPERVISORS Room 106 a C TRA COST ' 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: Frank Duchene 2027 Colusa Corning, CA 96021 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 17, 1986 at 900 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. May 27, 1986 JEANETT . SHI Attorne for Claima 3008-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt L ELLIN BARD cop gipagI m Q dWK 0 l= Gly. CUP-MM AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY k'LOOD CONTROL AND WATE 0 5 YATION DIST Claim W� Vw County,, or CSE 20 CULDmmr w-- June 24, 1986 Bove; by the Doard of sup r+risars, !fie Oow • document, MuLed to I= Is long Routing w dors®essta. aged Board asatice of the action taken an las' eaia by wo es Action. All Section refarenoare Board of supervisors Varap'aih re la to califorria oovarnment codes Duna Psrsuant to Qovarnmeat CCde ssotioo 913 and 950%0 nesse ante all 9VAT91we Claimants Gerry Nishumura f:ngMy Cftw Attoe,seys Jeanette K. Shipman ""N 04 1986 Sterns, Smith, Walker & Grell Addraass 280 Utah Street 406 t e. C San Francisco , CA 94103 Awunts $1 , 000, 000. 00+ �H ' i4411jWra" as May 28, 1986 pate Asoeiveds May 28, 1986 By mails Few~ on . s erk of the 550d of NPeRlsom lot CaRy Maio Attacded is a copy, of Un above-acted alaia. patedi .Tune 3 8�19 "Z IRTOMCM. Clerk. D,9 � • i—County Counsel 701 er (Check way ane) ( We Claim ocmplies substantially with Sections 910 Wd 910.2• ( I We Claim 1*A= to ocmply substantially with Sections 910 easel 910.29 W d ale are so notifying clalmant. The Board Cannot act for 15 days (Section 910.0. ( ) Claim is not timely tiled. Clerk should return Claim on VV" Vat it was filed late and send wanji�►g of Claimant's right to apply for leave to Present a late Claim (Section 911.3 .0 ( ) Others r- atedsc/kt, by: any 06Effy MMO III. FM: Clerk of the board 701 Cl) CpUnty Camel (2) County Administrator r ( Claim was returned as untimely with notice to Claimant (Section MISS). 211. bau® QICER By wanimma vote of suparvison Peugeot OO Iwo Claim is rej*&Ad in full• ( ) Others Certify Vat this Is a true wd correct copy fs omser entered tifor this date. pateds JUN 2 4 1986 PID. BATOELOP I Clark, joy � ;;P� . >Deputy Clerk NAM= (Qov• cods statim 913) tubgeat to Certain emceptions. len maw only ais (6) months !!rase tte Atte of tK& entice was Psrsosally served or deposited in the sail to file a Court motion CC tK& alata• see Covercmeat Code section 9115.6. Tau any seek the advice of an attoemay of lar Chia in on g- pith dais natter. It lou want too Consult en attorney, Ton should do so imeediateily .. IM, Clerk of the board ice a) Casty Camel (2) Cainty Adainietrator Attached an Copies CC the above claim. We notified tae Claisssnt et the baard•s action On this Claim W sailing a Copy of this documents aasd a sena thereof hes bm tiled W eo o asd m tae board's OM Cf We Clain in aaooedanoe with section !9703• ( ) A earning Of 0121n st•s right to @Wy !br leave to t a late Glass vas tailed ��TIDstJ 3 n 19 6 lion, >11TQ1$OR. Clerk. By i Y� DOPAY Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nishimura 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: Gerry Nishimura 1000 Barbara Lane San Pablo, CA 94806 RECEIVED 2. The address to which notices are to be sent is: MAY Y41986 Jeanette K. Shipman LAW OFFICES OF STERNS, SMITH, WALKER & GRELL P TCHUPER 280 Utah Street S WAR n osiwroti° , San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1000 Barbara 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 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 27, 1986 JE ETTE K. SUIPMAN Attorney for Claimant 3021-B CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 ; i. (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt w ar sur vnm or mm ot�rt. c+u aoierr� Claim Inst the County, or IdArtet WnQ f 10 C[AD June 24, 1986 governed by the Board of ar supvis"t "a ootry Mr-WO-document r idled 0 Is tots' Aouting Vdw*aw +eta# and Board wtice of the actin tarots an !ar alta 1w WIN Action. All Section re!'arenow ars Board of uardsore ftrawwh M saicw)t to California Goverrsaent. Codes given pursuant to Government Clods Seotim 913 and 115.16 dense acte all eirara wpe Ciaiatrats Gerry Nishimura County C0rl" Atttrnsys Jeanette K. Shipman Sterns , Smith, Walker & Grell .JUN U 4 1986 Addrss=s 280 Utah Street San Francisco, CA 94103 hand delivered A■aar:ts $1 , 060, 000 . 00+ By delivery to clerk m _ May 28, 1986 Ute Beosived: May 28 , 1986 By until, post earlad an ark EF Vie of SuperTIDWS 15, y Maw Attached is a comr of the above-noted claim. n _ pttads June 3, 1986 per, B,tTOE,OR, Clerk, m► k� 1, p�� PER, Y s k (Check only one) �D Ihis claim ocapliss substantially with Sections 910 and 910.2. ( D IWC claim FAnS to Oamply substantially with Sections 910 meed 910.29 and we am so notifying claimant. ?be Board oannot act for 15 days (Section 910.00 ( ) Claim is not timely filed. Clark ahotdd return claim an V%oud that it was Ahad late and send wAnung of claimant's right to apply for leave to presoat a late claim (Section 911.3). ( ) Others Dated: ¢ By: �x�L� cc,�e putt 5EEY We nM: Clerk of the Board 30: (I) Casaty COaarasel 9 (2) County Administrator t ) Maim was returned as untimely with aetioe to claimant (section 911.3). I9, BDA Gid By u aanimous vote of supervisor prweat t)V pais claim is rejected in fall. t D Others cwti y that thls Is a true and correct Copy or the Boardts m is xdwtes for this date. Dated: UN 9, e ,nnr_ RM UTOEAR. Mork. By > �� . Depcty Mork VARF= (Gov. Code Ssotim 913) Subject to Oertain ewoeptimst you haus only six (6) nonthe pram the date or we hobos tin+ personally served or deposited in the mail to file a Cart action on this masa. See Govarrment Code Section 9115.6. YOU may seek the advice of an attorrwy or par choice in 0onnsc Ion 11th this anter. It ru want to Ooasalt an attornryr yvu should do so immediately. 7. "M3 Mark Cf the Board IN (1) CIM10ty Counsel, (2) County Administrator Attached w Capive Of the above claim, fie notified the claimant of the Boardts action on this Claim by =Sling a copy of this doemeat, and a memo thersof has been filed and endorsed on the Baard'a copy of this Claim in a000r&rm rich Section 29703. ( D A warning of elat=nt+s rigrt to apply rcr latus � nt a Sate claim Das wailed a7M,tcjq#"tf98g o"M BdTQ1IIM@ Clerk, By C5�V Deptaty Clerk .1 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et s re: Nishimura v. Contra Costa County tRECAY,:PF EIVED TO: Contra Costa County 1936 Clerk of the Board 1 :00 P.M PH4 BATCHELC� 651 Pine Street ie:.KB crop 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: Gerry Nishimura 1000 Barbara 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 1000 Barbara 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. May 27, 1986 . i JEANFXIE K. SHIPN Attor ey for Cla ant ,021-B C f CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e) Said entity 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 suture flooding ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt �i1' PTAatS Q '!Ra �� omm, 06MMA AND AS GOVERNING BOARD OF THE CONTRA CQSTA COUNTY FLOOD — CONTROL AND 'WATEg� 0 S VATION DIST ,A June 24, 1986 Gain A6olinst the County. or Dism s acyeee eQ to , 198 dover�lnsd by the Board of 9Ape'viWMv so coif PW Routing vowsamerntas and Board mucic or the notice tatae o0 your sum by Wo Action. All Ssetian rsfarenoss are board at Suspervisors O ra mah ITS alar) to Calirornie. Government Codas Slew pusYunarnt to Government cods Scotian &3 and 915.4• !leas. nota all 9VAM a4'•County Couto Claiaaats Charles S . Nishimura •• Attorneys Jeanette K. Shipman JUN 0 41986 Sterns , Smith, Walker & Grell Address 280 Utah Street Alsuft ,� San Francisco , CA 94103 �e1 Amounts $1 , 0D0 , 000. 00+ �rH�sliver'ylore�irk m Ma.y 28, 1986 Date 10001veds May 281 1986 by.Milo postsst'bd an s erk ke O pe sots : y Attached is a copy of the above—noted dais. Dateds June 3. 1986 "M RATOOLDR, Clerk gQ6q t-114 APQDTI lip �► D�7 NW—Clounty w = er (Check ashy one) (y Ibis claim oamplies ri stantia]1Y With Seetioas 910 and 910.2. t !lits claim TAMS to *®ply substantially With Sections 910 and 910.2s and we am so notifying claimant. The Board cannot act for 15 days (Seotio0 910.4). ( ) Asia is not timely tiled. Clerk should return claim an V%cwA that it was !Ahad late and send warning of claimant's riot to apply for leave to p vzoat a lata slain (Section 911.3). t ) Otbers bateds Z7t S9s ' c Duty tYcourlsel ISI. !k!: Clerk of the board ?Ds Cl) County Coansel. (2) CountY tdduistnatar • t main Was returned as untimely With notice to olaiaant t9eatiM 911.3). I9. SQA owl By ssnarnimm s Ate of 9npervisara vesfat (X) lists claim Is refected in !till. t I Others I y that We s dates a true correct copy the// 'a acn Dateds JUIV l 1W Nn IM70 O Clerk_��Jy� . bewtY Clerk YAMM (Oce. Dods Ssotim 913) &Aject to oertaln esoeptions, ?m have only Sint (6) aonths fr® Vo date Sr ttiia notice Was parsonallY served or dsposTted in the wail to file a oort actin an this alasa. Us Gove:Twent Code 38oti00 915.6. Tou way rick the advice of an atto W of Icer choice in oanasctIon ultb this Mtt4V* 2f_7W Want to consult an attorrney, you ahonld do so iwmediately. '. llMs Clerk of the board 'As (1) Ommty Ccurmll (2) Oounty Administrator Attached are copies of the above claim. Ve notified the claiwant or the board's action m this 01412 by sailing a copy of this doeuwmt, and a Demo t mvof bas bsern filed and endarsed m the bard's copy of this Clans in a000rdaaoe With Section 29703. ( ) A tiarrning of alais4nt's r107t to apply fbr leavet a late &Lain wu sailed D►T®s�J � !'SIL bl . Mork. R k e befluty Qerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nishimura 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: c Charles S. Nishimura FRECE, 1000 Barbara Lane San Pablo, CA 94806 VED 2. The address to which notices are to be sent isJeanette K. Shipman Y 1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL H ROKOTAtp.\ R 8 ARDERVISO \ 280 Utah Street NTRA San Francisco, CA 94103 ` ' 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1000 Barbara 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 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 27, 1986 JEANSE K. SHIPrON Attorney for Claimant 3021-A i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 ; i. (d) By reason of the foregoing , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 suture flooding ; (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 ; • i ( 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 Lor the negligent or other infliction of emotional distress sustained as a result of witnessing injury to claimant ' s family; ( i ) Expense I-or medical services incurred in the treatment of claimant ' s physical and emotional injuries ; (j ) Compensation for loss of time from employment and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt SCP SDP'pnM or dM MI !1 MGM tI.R Maim Wnst the Camty, or nistriet N MCZ 20 CLAV f June 24, 1986 governed by the Beard of Suyea-visors• go cow o wo—documL Mled to w Is low Routing wdorseawts o and Board Notice of the action taken on !CRr In b! flit Action, All Section rerwwwes ars now of Superdsors Var'avapD r& below), to California Govamvwt Codas given pursuant to Government Code Section 213 and 915.%. PIGS" Nota all shtarn DWo Maiawntr Charles S. Nishimura reuntyCNJ" Attoresys Jeanette K. Shipman Sterns , Smith, Walker & Grell JUN 0 4 1986 Address= 280 Utah Street San Francisco, CA 94103 hand delivered 016mM.Q Ammmts $1 , 000,000 . 00+ ft delivery to clerk on May 28 , 1986 pate Reod sd= May 28, 1986 by Nail, Postmarked an VW-.---Clark if W. Board o pe sots 151 y Attached is a copy of the above-notied olais. , Bateds June 3, 1986 FM akTCH ,Q!►, Mark, By rg-1hIT PSM : y Counsel TDI (Check only one) ( !Psis claim Complies substantially with SGctiow 330 and 910.2. ( rais claim fAIIS to comply subotantially with Sections 910 and 910.29 and us Nen so notifying claimant. The Dowd oannot act for 15 days (Section X0.6). ( ) Maim is not timely filed. Clerk should return claim an ground that It eras h'iled late and send warning of Claimant's right to apply for leave to present • late claim (Section 911.3). ( ) ptlssrs • bated: Z77tA_�- poly ty MEMO III. VkHt Qerk of the Board 201 (1) ty Cxrml. (2) County AdmiaisUsW t ) Claim was returned as untimely with notice to claimant (Section x.1.3). I9. 30M am By unaniaw Ate of Superrisan present {)Cj Phis claim is rejected in fall. t ) Others Dart y tthats Is a true irw correct copy of !!card's an Dated,air 1986 ' RID, MTCFELM, Mark, By . Deputy Rork MA1oiD0 (Gov. Cods osotion 913) object to oartain esoeptions, 7w Raw only adz (6) months the the dato d this wtice was Personally served or deposited in the ail to file a Dart action on thee: alma. ase Government Code Section 945.6. ?au Nay seek the advice of an attorwy of par choice in Mane Ian with this matte. If 7w rant to consult Mn attorery• 7cu ahMdd do so immediately. Y. MI Clerk cd the Board 7pr Q) awnty 0ounsell (2) Oossrty Administrator 'actions tt&&Adam iClaim by asof the a� claim. ik Notified the Clement of the boardes and enOn dorsed on the Bb's ng copy of this dmjmmtg and a memo thereof has bean filed OM of this Claim in t000r•daaos with aseticn 29703• ( ) A warning of nlaiasntfs right to apply rw leave t a :ate claim was ailed DATM_�JUN 1022, Pte. 3V=M. Qek, By �` Deputy Clerk i CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et se T re: Nishimura v. Contra Costa CountyECEL VEIL TO: Contra Costa County MAYd r 19H Clerk of the Board V�J PM 651 Pine Street PH4 BI.TrH;to., IUKP ?Il OF Stif— .-_-- Room 106 4 rncosr. 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: Charles S. Nishimura 1000 Barbara 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 1000 Barbara 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. May 27, 1986 JEA TE K. SHI AN Attorney for Cl xmant 3021-A ;CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a) Said entity 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 , said entity 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) Said entity 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) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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. spablo.rpt �A� Pte mlmt7 mm cr com On-2. OMM • MR-AM Clain Against tae County. or bistriet �7lT(S 10_ June 24, 1986 governed by the W&M of Superdars o , Ito copy • ed to IM is coir Routing Q'dxsement•. and Board actio of the action taken on yet=' ALL 47 the Action. All Sectim referenoas are Board of a wdson (paragrapb re 6")e to California Oownsent Codec given pursuant to 00"r meat cob P once 313 end 315.4• Please nate all "1sR iWoCOU* CKMSW Claiaar,t, Brandon Nishimura, a minor JUN 0 4 1986 Attoessy, Jeanette K. Shipman Sterns , Smith, Walker & Grell 48 tet CAA" Adds, 280 Utah Street San Francisco, CA 94103 hand delivered Asomt, $1 , 000, 000 . 00+ &y delivery to clrk an _ May 28 , 1986 D•te joWfed, May 28 , 1986 11Y will Aostm unload m . . -Mark ® pe nouns : y MgiO Attached is a copy of the above-noted claim. Dated, June 3 , 1986 PM RhTOMM, Clrkl Vy PENS County : MERCY Do SUM or SAPE (Check only one) (�) ILi• claim o0mp1163 subotantially with Sections 910 end 310.2. ( ) rds claim BASIS to comply substantially with Sections 310 and 310.29 and we are so notifying claimant. The Board ow wt act for 15 days (Section 910.4). ( ) Main is not timely filed. Clerk should return claim on VV" that it Was !fled late and send wwmi of claimant's ritht to apply for leave to present a late Blain (.Section 211.3). ( ) Othri r- bstedi 77 ayi E-c \ Zn C C.I� poly ty We VM: gerk of the Board TO: (1) COOKY Couwal s (2) County Administratar r ( Main was returned a3 untimely with notice to claimant (Section 311.3). IY, Mw 010>f!t By wnlwus vote of Supervisors pireent (�j lois claim is rejected in 110.1. � ) Othri b si ! thasWs dates a true oorreet copy the Boaames on is W . Dated, JUS 19 RM IMT MLOR, Clank. By . �i/� . D.&PAy Clark wAlO w (OOT. cob Section 913) tnbjeot tc certain esoepticea. :ou cave only Bis (6) Months frm the date er thio aoti0e w persoe,ally served or deposited in the sail to file a cost action oo this claw. ase 6ovae=ent Code section 945.6. !ou My awk the advice of an attorney of yar ehaioe 1n can Ian vita this •attar. If you want to consult en attorney. YOU Shades d & so Immediately. .. nM& Mark of the Board !Di Cl) Casity camel, (2) Oas,ty Adsinistratar Attached are oopias of the above claim. We notified the claimant of the ibardts action on this claim by nailing a copy of this doo,mentg and a sono thereof his been filed and eodaeed an the board's copy of this Maim in a000rdanoe with Section 22'403. ( ) A Marminng cc c aLun •a richt to awy iec leave to t a late Blain Mas mtiled II1TID��•1lJN 3 0 igRg !ML DITQ�AIt. Mark, • . Dep,ny Merk J CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. `, re: Nishimura v. Contra Costa County l� CEI d EI] TO: Contra Costa County MAY.Vi' 1986 Clerk of the Board 1 :06P./K. 651 Pine Street PHIL 9ATCHH02 I.Egg A!n OP 5U. ":J.:; Room 106 c r: c;�sT , Martinez, CA 94553 �'= 'i 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: Brandon Nishimura, a minor By and Through a Guardian Ad Litem 1000 Barbara 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 1000 Barbara 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. May 27, 1986 JEANS TE K. SHIPPIA.N Attorney for Claimant 3021-C , t . � s CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees; as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 suture flooding ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1) Equitable relief requiring the said entity 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 . spablo.rpt me :ttvret�i SdM DCA X13• QA1ARI AND AS GOVERNING BOARD OF THE CONTRA .CQSTA COUNTY FLOOD CONTROL AND WATEJ �0 S VATION DIST go � ! June 24, 1986 dais Aaasnst tee County, ar niAU or-me document,— - MP to 6s � 1pvw-wd by the D=M of Supervssarsv so eon ou. Routing Endorsements, wed Board botios of the butim takan m low Action. All Section references an so" of &vw-dwm OWSP aPh IT$ balsa) to California Qovenment Coded n 43 wd 915.4ease *1ia"dwRe Malvents Brandon Nishimura, a minor . County CMSB1 Attorneys Jeanette K. Shipman Sterns , Smith., Walker & Grell JUN O 4 1986 Addreast 280 Utah Street San Francisco , CA 94103 Ha�nndd d li r d :ra�bnt Amounts $1, 000, 000. 00+ �+ Qelivj Clerk m May 28 , 1986 nate 29081101 May 28, 1986 By Milo Postmarked an : . ark if the SoLrF�oMperdwrs 15, Camty Attached is a Copy of the above—noted delis Oateds June 3 . 198 E�WM DATOOM• Clerk, By i y CoLinailMark W Me Board of (Check only one) This Claim complies substantially with Sections 910 and 910.2. ( ) IW* claim (AILS to comply substantially with Sections 9i0 and 910e2q and 98 are so notifying claimant. 11th Hoard owwt act for 15 days (Ssctim 910006 ( ) Maim is not timely tiled. Clerk should return claim an Paa:d that it w tilled late and send ~rdof claimant's rift to apply tar leave to present 11 late claim (Section 911.3). ( ? Others Bated: t.')".2 By: __ .c-e. g PAy County mNii III. t� M: Clerk of the Board 20: Cl) LUnty Counsel. (2) County Administrator r ( Maim was retained ss untimely with notice to Claimant Dection 911e3). 211. um am By um<ri won Tote of Supervisors wont ( 2 e claim is rejected in itdle ( Others owtify that this Is a true sM Correct copy of Uw Boardta Order en ailBA for this abate. ��Wa Deputy Klerk nates: 2 4�'uN 1ati� hon. T'a�LoiR. Clark. By � VAN= (Dove Code Section 9a3) Subject to Certain, esaepti0sa. you nave mly six (6) w nths from the date at this motioe w pww ally served or deposited in the tail to tilt a count actim m thin claim. ase Covesr owt Code .Ttatili 915.6o Tau nay seek the advice of an atter my of your choice to 0mgmetim with this Latter, It you rant to ommat an attaaeys you should do so immediately* T. nMi Cork of the Board 4jDs (l) Omoty Couaell, (2) County Administrator Attached ars copies of the above claim. We wtifiled the oldvent of the board's action on this Claim by sailing a copy of this documents and a ww tbw*Of has Omen tiled Cad mdm me d m the Doard's Can of this Claim to a000rdan" with Section 29703. ( ) A gaming of Claimants right to ftlsq� apply r' leave L a late Clain w ■ailed nilTF�:!J U9Rf _1ffiL NTOMLAR, Moak. Deputy Qtr �r k . I/\ CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nishimura 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 claimt is: Brandon Nishimura, a minor vl By and Through a Guardian Ad Litem 1000 Barbara Lane RECEIVED San Pablo, CA 94806 2. The address to which notices are to be sent Jeanette K. Shipman LAW OFFICES OF (, ' TCHEIOR BOAOATR FSUPERVI RS STERNS, SMITH, WALKER & GRELL e I 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1000 Barbara 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 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 27, 1986 At ney for C imant '3021-C i PIS c�r►n� BARD OF SUMvISORS OF COW COSTA COMMe CKXPOR1 A AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL BOARD ACTION Ma.im AMD Asilra E Ey• �AODl.aI TRICT ,ICE ,0CLAMW June 24, 1986 - governed by the Board of Supervisors. !) The copy Of W3M�Mt ed to 7011 la your Routing Endorsements, and Hoard ) notioe of the action taken on your claim by the Action. All Section referenoea are ) Hoard of Supervisors (Paragraph N. below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all ■Harniiigs". Claimant: JOE ESTRADA Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA 94111Hand delivered Amount: $1 ,000 ,000 . 00+ By delivery to clerk on May 27, 1986 Date Received: May 27, 1986 By mail, postmarked on I. : Clerk oT the Board of Supervisors TU: County Co=wl Attached is a copy of the above-noted claim. Dated: June 10 , 1986 PHIL BATCHELOR, Clerk, By Deputy �Cath-y Irowl s . II. FROM: County Counsel Tb: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim an ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / By: C° Deputy County Counsel III. #T(CM: Clerk of the Board M: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. HOARD ORDER By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minjW or s date. Dated: JUIY 4 1%6 PHIL BATCHELOR, Clerk, By , Deputy Clerk VARNING (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TD: (l) 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 Hoard's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leaverent a late claim was mailed to DATED: `�t14PR PHIL BATaMDR, Clerk, By �, Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Estrada 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: Joe Estrada ti c/o Carlos Auto Wreckers 51 Parr Blvd. RECEIVED Richmond, CA 94801 2. The address to which notices are to be sent is MAY a � 1986 Jeanette K. Shipman LAW OFFICES OF PHIL BA CHELOR ARD PERVI R$ STERNS, SMITH, WALKER & GRELL � HTRA TACO. 280 Utah Street BY 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 c/o Carlos Auto Wreckers, 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 27, 1985 JEANETT K. SHIPMA Attorney for Claimant 3512-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Estrada 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; //IS CLAIM! HOARD OF SDPSRVISORS OF CNW COSTA COUNTY, CUMW@ffA HOARD ACTION Claim Against the County, or bistriot ) NOTICE 70 CLAIMANT June 24 , 1986' governed by the Hoard of Superviscra, ) The copy a t ed to you Is your Routing Endorsements, and Hoard ) notice of the action taken on your Wain 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 ■ftydngs". Claimant: JOE ESTRALA Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street g San Francisco, CA 94103 deliavu3ry C�eg opt May 27, 1986 Amount: $1 , 000 ,000 . 00+ Date Received: May 27 , 19.86 By mail, postmarked on I. : Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. (� Dated: June 10 , 1986PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel 70: Clerk of thftiRof Supervisors (Check only one) ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / „ By: tc .0 Deputy County Counsel III. : Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (x) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of t4e Board's Order entered in its min s for this date. Dated: A§ 2 41986 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from-the date of this botioe was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your ehoioe in oarvmtion with this matter, If you want to oonmilt 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 ant a late claim was mailed to el almant. DATED: JUff .1 n 100r, PUL BATCHELOR, Clerk, By 4,1- 7- , Deputy Clerk ce: County Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Estrada 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: Joe Estrada RECEIVED c/o Carlos Auto Wreckers 51 Parr Blvd. Richmond, CA 94801 a-7hoar 2. The address to which notices are to be sent is MAY Jeanette K. Shipman PHIL BA CHELOR LAW OFFICES OF yM�`LEAK ARD F PERVI$ STERNS, SMITH, WALKER & GRELL TRA �A 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 c/o Carlos Auto Wreckers, 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 27, 1985 JEANET . SHrpmw Attorn for Clainiefit 3512-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Estrada 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; (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: Estrada 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 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 f CLAN HOARD OF sOPERmaRS or dSM COSTA comm, CALIPamn BOARD ACTION Claim Against the County, or tdatriat ) V MCE TO CLAMANT June 24 , 1986- governed.by the Board of Superviscura, ) The copy of this document =1100 to you ie yoW Routing Endorsements, and Board ) notice of the action taken m your claim by the Action. A11 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 vVerusings". Claimant: DELORES J. KARNES Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA 94103 Hand el ' ve ed Amount: $1P000 ,000 . 00+ By deli to c�ler�C on May 27 , 19 8 6 Date Received: May 27 , 1986 By mail, postmarked on I. : Clerk of the Hoard of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: June 10, 1986PHIL BATCHELOR, Clerk, By Deputy II. : County Counsel T0: Clerk of the of Supervisors (Check only one) (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: 14c-1 z �_c c puty County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Maim was returned as untimely with notice to claimant (Section 911.3). IV. BEARD ORDER By unanimous vote of Supervisors present (� This claim is resected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its mirn:t1r.fgr this date. Dated: JJ1�1��YY4 44 1986 RM BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court, action on, this claim. See Government Code Section 945.6. You may seek the advice of an attorney of yaw ohoioe in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) Canty 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 0 pres!r$ a late claim was mailed to b1f DATEN. PM BATCHELOR, Clerk, By , Deputy Clerk 00: County Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes v. Contra Costa CountyFlood Control + RECEIVED TO: Contra Costa County Flood Control District Contra Costa County MAY X 1986 651 Pine Street 1VZA.M I- Room 106W RATC"EtoR tERK 9 AM Of PERVT,O6y Martinez,. CA 94553 B c TRA co A -lo Depi 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: Dolores J. Karnes c/o A-d Auto Wreckers 11 Parr Blvd. 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 or about February 14, February 18 and March 10, 1986 at it Parr Blvd. , 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 27, 1985 JEAN E K. SHI N Attorney for Claimant 3503-B CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes 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; t CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes 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; r ( 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 CIJl X BOARD OF SQPEWISORS OF COW META OD lM, CUMMIA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL BDRD ACT= AD WClaim AgainstA 6Ey'A Ot4.SISTRICT � To CLAIIU r June 24, 1986 - governed by the Board of guperviso'a, ) The copyof a t ed to you is your Routing Endorsements, and Board ) notice of the action taken an 7cur 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: DELORES J. KARNES Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street Hand delivered ��t' $110001000 .00+ San Francisco, CA 94103 By delivery to clerk on May 27, 1986 Date Received: May 27, 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986 PHIL BATCHELOR, Clerk, By LDeputy 'Cathy Aowles ' II. : County Counsel TO: Clerk or 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 an ®round 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: tT Q, By: k "t--C C,C Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ODER By unanimous vote of Supervisors present (X This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy o the Board's Order entered in its main for this date. Dated: ��tV 212pL,,JNM BATCHELOR, Clerk, By , Deputy Clerk VARPM (Gov. Code Section 913) Subject to cauptain exoeptions, you have only six (6) months from the date at this notice was personally served or deposited in the mail to file a court action an this claim. See Goverment Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this utter. 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 present a late claim was mailed DATED: n9 9 n 169 PHIL BAT(IIDAR, Clerk, By , Deputy Clerk cc:. County Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes 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: Dolores J. Karnes c/o A-d Auto Wreckers 11 Parr Blvd. REv,2, C I ED Richmond, CA 94801 MAY a-7 1985 2. The address to which notices are to be sent is: Jeanette K. Shipman PHIL BATCHELOR LAW OFFICES OF �� �°L°cgsT�EcRVISs STERNS, SMITH, WALKER & GRELL ev �`-•• F ' ''Y' prr� 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 11 Parr Blvd. , 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 27, 1985 JEANETYE K. SHIP Attorney for Claimant 3503-B CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes 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; (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: Karnes 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 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 /s CLAIN BOARD OF WPERVISMS OF CWW OMA ODWff C&MUNIA BOARD ACTION Claim Against the County,I or District ) YMCE TD CLAIlDlA1PP June 2 4, 19 8 6 governed by the Hoard of Supervisors, ) The copy cf7a t led to you is yam Routing Endorsements, "I Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph N. below), to California Government Cedes ) given pursuant to Government Code Section 913 and 915.4. Please note all *Warnings", Claimant: THOMAS JORDAN Attorney: Jeanette K. Shipman Address: Law Offices of Sterns, Smith, Walker & Grell 280 Utah Street g a Amount: San Francisco, CA 9410$1 ,000 , 000 . 00+ 3, deliveny Cit. May 27, 1986 Date Received: May 27 , 1986 By mail, postmarked on I. FROM: Clerk of the Hoard of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel 70: Clerk of the Board or Supervisors (Check only one) QX) 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 910.6). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send w4uTdng of claimant's right to apply for leave to present a late claim (section 911.3). ( ) Other: Dated: r .,e_ //. By: c -Deputy County Counsel oma. III. FROM: Clerk of the Board 70: (1) Co ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of Board's Order entered in its minutes for this date. Dated: JUN 2 4 1M PHIL BATCHELOR, Clerk, By Deputy Clerk VAMMM (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 yeur,ahoioe in connection with this matter, If you want to consult an attorney, you should do so immediately. V. FROM: Clerk o1' the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. Be 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 leava tsilpresent a late claim was mailed to �},aimant DATED: JWM) 1,WQ PHIL BATCHELOR, Clerk, By , Deputy Clerk ��� OC: County Administrator (2) County Counsel (1) C1jAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jordan 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: Thomas Jordan c/o Broadline Corporation 81 Parr Blvd. Richmond, CA 94801 ECE VE 2. The address to which notices are to be sent is: MAY 2� 1966 Jeanette K. Shipman LAW OFFICES OF PHIL TCNEP R STERNS, SMITH, WALKER & GRELL oAR o sXU ,C4 s NTRA OS C 280 Utah. Street • • •"d 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 c/o Broadline Corporation, 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 27,. 1985 JEANEfjt K. SHIP Attorney for Claimant 3505-D CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jordan 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; (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: Jordan 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 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 MAN HOARD OF SGP'®iVI M OF COW COSTA QgllM C XWfi1IA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL DDARD ACTIN ALVClaim _ nnszAT�R CpNgF.Ry;Aor V1sISTRICT VMCE 10 June 24, 1986 governed by the Hoard of Sup�iDl sors, ) The Copy of this document mailed to you is your Routing Endorsements, and Hoar ) notioe of the action taken on your 02aim by the Action. All Section rreferenoes are ) Hoard of Supervisors (Paragraph No belor), to California Government Codes ) given pursuant to Government Code Section 913 and 915,4. Please note all •taming, Claimants THOMAS JORDAN Attorney: Jeanette K. Shipman Addresss Law Offices of Sterns, Smith, Walker & Grell 280 Utah Street San Francisco, CA 94103Hand delivered Amount: $11000,000. 00+ By delivery to Clerk on May 27 , 1986 Date Received: May 27 , 1986 By mail, postmarked on I. : Clerk of the Hoard of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: June 10, 1986 PHIL BAT00,OR, Clerk, ByLM,�� Deputy 'Cathy FAowles : I. FROM: County Counsel 70: Clerk of-the Board of Supervisors (Check only one) (/-�j This claim Complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially With Sections 910 and 910.29 and We are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: O/ Fn By: L-4," ,-gjj puty County Counsel V III. FOM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (x) This claim is rejected in full. ( ) Others I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUN 2 4 12Q& PHIL sATcxa.oR, clerk, By , Deputy Clerk WARNIM (Gov. Code Section 913) Subject to Certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a Cowart action an this claim. See Government Code Section 945.6, You may seek the advice of an attorney of your ohoioe in Connection with this matter, If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County C unsel, (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 , ent a late claim Was mailed to aimant. ��' `� , Deputy Clerk DATED: Jt� I n 1qRq PHIL BATCIiQAR, Clerk, By Oct Cmmty Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jordan 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: Thomas Jordan c/o Broadline Corporation 81 Parr Blvd. Richmond, CA 94801 RECEIVED 2. The address to which notices are to be sent is: Jeanette K. Shipman MAY`a� 1986 LAW OFFICES OF STERNS, SMITH, WALKER & GRELL PHIL BATCHELOR 280 Utah Street CLERK.POARQ OF SUPERVISORS INITRAROSTA CO. San Francisco, CA 94103 r.0` ... tr l 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at c/o Broadline Corporation, 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 27, 1985 JEANET K. SHIPMf Attorney for Claimant 3505-D CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jordan v. Contra Costa County Flood Control District THE BASIS OF THE CLAIM Claimant sustained physical and emotional injuries and property damage, bothreal 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Jordan 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. nrclm.rpt CLAIM BOARD of SUMVISMS OF COW WSTA MMM, CUMWMIA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL 90= AClM laim, _ �Igai�f�ATF Ey'A�ODi,e, TRIC 9MCE 70 AMM tMOT, June 24, 1986 governed by the Board 'of SUpeT1801's9 ) The oOpy a t ed to 7W is YOur Routing Endorsements, and Board ) notice of the action taken an your claim by the Action. All Section referenoss are ) Board of Supervieours (Paragraph IV, below), to California Govemment Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all •Warnings". Claimant: MARGARET NELSON Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street Hand delivered Amounts. $1 ,000,000. 0000+ San Francisco, CA 94103 By delivery to clerk on May 27 1986 Date Received: May 27, 1986 By mail, postmarked an I. Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. (� Dated: June 10 , 1986 PHIL BATCHELOR, Clerk, By 1 � �wmowooDeputy 'cathy KAowl s II. FROM: County Counsel T0: Clerk o e Supervisors (Check only one) ("A This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 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: County Counsel III. FROM: Clerk of the Board TO: (1) ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (�Q This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the /Board's Order entered in its mirn 2f4IRE date. yY�_. Dated: J u,M �aD PHIL BATCHELOR, Clerk, By , Deputy Clerk WARMM (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 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 metro thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to present a late claim was mailed toalma� � 1986 DATED: PHIL BATCMAR, Clerk, By Deputy Clerk ee: County Administrator (2) County Counsel (1) r - - 1 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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: Margaret Nelson c/o Broadline Corporation 81 Parr Blvd. Richmond, CA 94801 2. The address to which notices are to be sent is RECEIVED Jeanette: K. Shipman LAW OFFICES OF MAY �)! 1986 STERNS, SMITH, WALKER & GRELL 280 Utah Street PHIL TCHELOR pE San Francisco, CA 94103 (� ,L K ARD F I g ST O ro e 3. The circumstances which give rise to this claim occurre on or about February 14, February 18 and March 10, 1986 at c/o Broadline Corporation, 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 27, 1985 JEANEqV K. SHIP Attorney for Claimant 3505-H CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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; u t` J CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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. nrclm.rpt CLA1H EDARD OF SUPERVISORS CFT�1R COSTA COMM, CK-UMIA ZDARD ACTION Claim Against the County, or Diatrict ) RMICE TO CLADM June 24 , 1986 governed by the Hoard of Supervisors, ) The copy of this document M81180 to YOU is Your Routing Endorsements, and Hoard ) notice of the action taken on your claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all uWarninW, Claimant: MARGARET NELSON Attorneys Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street g �� Amount: $1 , 000 ,000 . 00+ Francisco, CA 94103By deverytolch�erej d May 27, 1986 $1 , 000 ,000 . 00+ Date Received: May 2.7 , 1986 By mail, postmarked an I. : Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986PHIL BATCHWR, Clerk, By Deputy II. FROM: Canty Counsel M: Clerk Wthe Board of Supervisors (Check only one) 0 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 77-1 By: wmj y County counsel III. Clerk of the Board Tb: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BDARD ORDER By unanimous vote of Supervisors present (x) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its mi or this date. ✓/ Dated: 4 1986 PHIL BATCHELOR, clerk, By . ;e , Deputy Clerk WARNIM (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of anis notice was personally served or deposited in the nail to file a const action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of yaw choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board Tor (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 en a late claim was mailed to aimant. DATED: JUN 3 198E PHIL BATcmDR, Clerk, By , , Deputy Clerk _ c: _Canty Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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: Margaret Nelson c/o Broadline Corporation 81 Parr Blvd. Richmond, CA 94801 •' 2. The address to which notices are to be sent i]. ECEIVED Jeanette K. Shipman MAY �7 LAW OFFICES OF 585 STERNS, SMITH, WALKER & GRELL 280 Utah Street vNae QF U San Francisco, CA 94103 `�'K TAn° `gT°Eaves s a.- - - — • . 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at c/o Broadline Corporation, 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 27, 1985 JEANETV K. SHIP Attorney for Claimant 3505-H CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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; (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: Nelson 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 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 �S CLan4 BoAn of smwnsms of MW oosm AM. cuzaNIA ACTIW AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL Claim _gai �Ajfi � Y'Aor aaISTRICT NNICE To June 24, 1986 governed by the Board of IIOra, ) The copy of this domawt 081100 to Yon 18 Your Routing Endorsements, and Board ) notice of the action takers on Your alaim by the Action. All Section references are ) Board of SuperVIDOM (Paragraph No below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all *WarninW. Claimant: JOSSIE J.. NELSON Attorney.- Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street Hand delivered Amount: $1 , 000 ,000 . 00+ San Francisco, CA 94103 By delivery to clerk on May 27 , 1986 Date Received: May 27 , 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. (� Dated: June 10 , 1986 PHIL BATCHIIAR, Clerk, By t 'Jlle , . Yn �AA P6PUtY 'Cathy Kkowles - II. : 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: - A_- County Counsel III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IT. BOARD ORDER By unanimous vote of Supervisors .present (;4) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutas2fQr this date. Dateds J�UtLYY 44 1986 PHIL BATCHQ.OR, Clerk, By 7V� , Deputy Clerk WARN M (Gov. Code Section 913) Subject to certain exceptions, You have only six (6) months from the date of this notice Was personally served or deposited in the mail to file a court action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection With this ■atter. If you want to consult an attorney, you should do so Mediately. 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 �o en a late claim was mailed to claimant. DATM: JUN In 74n PHIL BATOMDR, Clerk, By 2 , Deputy Clerk ere rr,vnt.v Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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 clai nt is.� Jossie J. Nelson .. dc. c/o BroadlineCorporation 81 Parr Blvd. RECEIVED Richmond., CA 94801 2. The address to which notices are to be sent MAY a1 1986 Jeanette K. Shipman LAW OFFICES OF GHILRA CHEL STERNS, SMITH, WALKER & GRELL oARo aERVIsoR �` N�IRA C TA 280 Utah Street ey 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 c/o Broadline Corporation, 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 27; 1985 JEANET K. SHIP Attorney for Claimant 3505-F CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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. nrolm.rpt CLAN HOARD OF SUPERVISORS OF CMIU COSTA COMM, CAtMq=IA- HDARD ACTION Claim Against the County, or District ) 9MCE TO CC.ATNDW June 24 , 1986 governed by the Board of Supervisors, ) The copy or this document miled to you is yams Routing Endorsements, and Hoard ) notice of the action taken on your claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph No Dela+), to California Government Codes ) given pursuant to Goverment Code SWUM 913 and 915.4. Please note all uWarninW. Claimant: JOSSIE J. NELSON Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street g Amount: San Francisco, CA 9410$1 ,000 ,000 . 00+ 3 deli averdy C��eerjeodni May 27 , 1986 Date Received: May 27, 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Datedt June 10, 1986PHIL BATCHELOR, Clerk, By LA45, y II. FROM: County Counsel 10: Clerk or the of Supervisors (Check only one) (� ) lois 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 an ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: ` c_ D�p�ty County Counsel III. Ff6M: Clerk of the Board TO: (1) Coun Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (x) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUN 2 a PHIL BATCHELOR, Clerk, By Deputy Clerk 61ARNIM (Gov. Code Section 913) Subject to oertain exceptions, you have only six (6) months from the date of this notioe was personally served or deposited in the =11 to file a court action an this claim. See Goverment Code Section 945.6. You may seek the advice of an attorney of your ohoioe in connection with this matter. If you want to oonault 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 Hoard's copy of this Claim in accordanoe with Section 29703• ( ) A warning of claimant's right to apply for leave Went late claim was mailed to claimant. /� DATED: JUN q n iggg PHIL BATCHELOR, 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: Nelson 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: Jossie J. Nelson c/o BroadlineCorporation 81 Parr Blvd. RECEIVED Richmond, CA 94801 2. The address to which notices are to be sent is: MAY a�l �gg6 Jeanette K. Shipman LAW OFFICES OF PHIL T M � r�LER � Rp f � �VIiO STERNS, SMITH, WALKER & GRELL �`.Ix�� Tom► 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 c/o Broadline Corporation, 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 27, 1985 JEANE K. SHIP Attorney for Clai ant 3505-F CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer -laborers and employees; r CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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 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. nrolm.rpt BOARD OF SMVI90RS OF 03W OOSTA COMM, GLIIUNIA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL BARD ACTZu Claim AS A�1kstl R ONSERRVATI0i DDISTRIC) IM ,10 ���, June 24, 1986 - or governed by the Board of Supervisors, ) The copya t ed to you is your Routing Endorsements, and Board ) notioe of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph I9, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915A, Please Mote all •fiarnings*, Claimant: EDMUND R. NELSON Attorney$ Jeanette K. Shipman Address s Law Offices of Sterns , Smith, Walker & Grell 80 Utah Street San Francisco, CA 94103Hand delivered Amount-, $1 ,0 0 0 ,0 0 0 . 0 0+ By delivery to clerk on May 27, 1986 Date Received- May 27 , 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors 1D: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986 PHIL BATCHE OR, Clerk, By Deputy Cath Kn les II. FROM: County Counsel TD: 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: &A,e.- By: e-x.tt.C. et -Deputy County Counsel III. FROM: Clerk of the Board TO: (1) Coin ty Counsel, (2) County Administrator ( ) Claim was returned as untimely With notice to claimant (Section 911.3). IV. BOARD OMER By unanimous vote of Supervisors present (SCL This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUN 2 41986 PHIL BATCHELOR, clerk, By , Deputy clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action an this claim. See Government Code Section 945,6. You may seek the advice of an attorney of your choice in connection with this matter, If you want to consult an attorney, you should do so immediately, V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warming of claimant's right to apply for leave ent late claim was mailed DATED:to J' •� A ftg PHIL BAMMDR, Clerk, By , Deputy Clerk county Counsel (1) CLAIM FOR PEF2SONAL INJURIES, PROPERTY DAMAGE AND EQUI7' BLE R L EF Government Code, Section 910, et seq. RECEIVED re: Nelson v.. Contra Costa County Flood Control Dis rict + MAYa7, 1?86 TO: Contra Costa Count Flood Control District (ACHELOZ County PINI NATCHFI O: Contra Costa County E`c N Rh COST OR; 651 Pine Street ° c 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: Edmund R. Nelson c/o Broadline Corporation 81 Parr 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 or about February 14, February 18 and March 10, 1986 at c/o Broadline Corporation, 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 27, 1981i \ JEAN E K. SHI N Attorney for Claimant 3505-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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. nrclm.rpt BOARD of SOPffitVI90RS of dMW COSTA OOH Tr CALIFOlwn ZDARD ACTION Claim Against the Canty, or District ) lar TO CL ADONT June 24 , 1986 governed by the Board of Supervisors, ) The copy a t led to you is your Routing Rnsdarsementa, and Board ) notice of the action taken on yaw claim by the Action. All Section references are ) Board of Supervisors (Paragraph Iv, below), to California Government Codes ) given pa�suant to Goverment Code Section 913 and 915.4. Please note all Warnings". Claimant: EDMUND R. NELSON Attorney: Jeanette K. Shipman Address: Law Offices of Sterns, Smith, Walker & Grell 280 Utah. Street liand San Francisco, CA 94103By delivery C�V Amount: $110001000 . 00+ Qle' on May 27, 1986 Date Received: May 27 , 1986 By mail, postmarked on I. : Clerk oT the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: June 10, 1.98,§PHIL BATCHELOR, Clerk, By Deputy II. FROND: County Counsel T0: clerkof the of Supervisors (Check only one) (A This claim complies substantially with Sections 910 and 950.2. ( ) 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: 7-7 Dated: By: �� y County Counsel III. FROM: Clerk of the Board 10: (1) Cointy Counsel, (2) County Administrator -( ) Maim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (}�) This claim is rejected in full. ( ) Other: I certify that this is a true and oorrect copy of thee Board's Order entered in its mi JUN s f r this date. %!� Dated: 2 �198Ei PHIL BATCHELOR, Clerk, By , Deputy Clerk YARNIM (Gov. Code Section 913) Snbjeet 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. FRW: Mark 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 Maim in accordance with Section 29703• ( ) A wcarmii�nagnof claimant's right to apply for leav to -present a late claim was mailed DATED:.Ju'� �► A% PHIL B amm, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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: Edmund R. Nelson c/o Broadline Corporation - ; 81 Parr Avenue I�EC IVE6 Richmond, CA 94801 2. The address to which notices are to be sent is MAY :I1986 Jeanette K. Shipman LAW OFFICES OF �� OIRSATTPHILCRR qg STERNS, SMITH, WALKER & GRELL gy tF m. ry 280 Utah Street 16 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 c/o Broadline Corporation, 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 27, 1985 JEAN E K. SHIPkAN Attorney for Claimant 3505-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nelson 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; (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: Nelson 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 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 ELLIN BDARD oR xmlOtFISat.S Cr cam mu CUT?• 90aRIA _._ aam_ Cly Apia the Comty. or his KOt ,A June 24, 1986 governed by the Board of Supar►isars, !lr oa�py • �'� to to to !ter XclAing Vocrsemesats, and Board totioe of the action taken cc pour' -F tea Aetiass. All Section refernoa es ars board of asper�dsors Ow p'aph M tea)• to California ooverruent Codes given pursuant to Government Cods Saoti�o 913 ted 915.%• Blease nota all fularesinVPMa y Claiaasnts Peter H. Pearson .. c4uftsel Attorneys MerO UN 031986 Address 1129 Temple Drive4*5.0 Pacheco , C.A 94553 hand delivered 4. . Amounts $70. 00 VY delivery to clerk an May 30 , 1986 nate Beocdveds May 30, 1986 NY Milo posborbsd an erk of SupeFRoars 16B barxify Maria Attached is a copy of the above-Doted aLia. Dated: June 2 . 1986 JM BATOMLOR, Clank, By LL • = Y = MoMrW the Of 34&i1WV (Check only one) (.x) This claim ocepliss substantially With Sections 910 and 910.2. ( ) Than olaim fAIIS to comply substantially With Sections 910 and 910.21 and re ssv so notifying claimant. The Hoard cannot act for 15 days (Section llo.a). ( ) Claim is not timely filed. Clerk should return claim an prousad that it was t1W late and send rrar^nin� of claimant's ritht to apply for leave to present a late slain (Section 9U 3). ( ) Others Dated: 72= 77 77 77K Bye putt ty TII. /pais Clerk of the Board TDs Cl) County Counsel, (2) County AdmiDistaratcr • ( ) Claim Was returned as untLaely With notice to claimant (Section ¢11.3). IV, BARD OW By unanimous vote of Suparrisors present (() This 02Lm is rejected In Boli. ( ) ONsars res y aha s s a tru�a oorrect copy Lane Hoard's satered-S& Its D date. bateds JUN PT "M BATMMM9 Cterk, by . >� . • ahtyty Berk YARN= (nor. mods Scotian 913) &6394 to oertain e�soeptions, you have only six (6) sionthe from the date or tale aotioe res persaaally served or deposited in the tail to tale a oast aotlan an tele slala. See Government Code Section 945.6. YOU Bay seek the tdvioe of aD attwwy of par deloa in 001800 Ian ritb tela rte'. If you rant to consult an attortasy, yvu should do so mediately. 1. nm: Clerk of tha Board Vs Cl) Cbuesty DXMW, (2) Oounty Administrator Attached an aopdes of the above aLim. Ve notified the olaisant St the Doard's actlm an this claim by titling a copy of this document, and a Elmo thereof has been filed and endorsed m the Board's copy cf dais Claim in a000rrdance With 960tian 29703• ( ) A Marling elf Gia! ants rigAIAINK" ht to apply for leave t a late oLLe w sailed kTClsh ig86 !'HIL D►TOM OR, Clerk, By C�_.�" papity Clerk I CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C }'a li Ppcation to: Instfuctions to Claimant0erk of the Board .O.Box 911 Martinez,Califomia 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Zlaims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the Distript should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end oT this form. RE: Claim )Reserved for Clerk's filing stamps ) ILED Against the COUNTY OF CONTRA COSTA) MAY 301986 or DISTRICT) i RA cHELoR (FillIn name ) ue R ARD F vERnso TA The undersigned claimant hereby makes claim against the Cou ty of Contra Costa or the above-named District in the sum of $ %n and in support of this claim represents as follows: �. When did the damage or injury occur? (Give exact date and hour] �. wF a ie d �e orli 3ur��cu _ - ----------- --- 9 fury occur? (Includ ci y and county] 3. How did tib damage o ink ' y occur? G eull details, use extra sheets i r .quired) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? <el LTL S�/l .Cti2e .iJ C�IC�, ��C"1! (over) 15: What are the names of county tr district officers, servants or • employees causing the damage or injury? 6. What damage or �n�uries do you claim resulted? ZG�ve dull extent of injuries of damages claimed. - Attach two estimates for auto damage) --------------------------------------------------------------------- -- 7. How was the amount claimed above computed? (Include the estimate amount of any prospective injury or damage. ) -------------------------------------------------------------------------- B. Names and addresses of witnesses, doctors and hospitals. �. L��.t the •expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by so rso n his behalf. " Name and Address of Attorney .y Claimant's 5 nature Addr ss Telephone No. Telephone No. 6-711-/5 7 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " BOARD OF SOPRttVISORS OF AM OOgrA omm, cmmum _A AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL BDAW ACITM Claim _ A�1n&J R &ONWS RRVATTIOJ DaISTRICT VM� June 24, 1986 governed by tt�e GB and of SUpeDl T.!aon t ,J The copya t ed to 7W is Your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all mWarnings". Claimant: JOHN G. MAC PHERSON Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street San Francisco, CA 94103 Hand delivered Amount: $1 , 000 , 000. 00+ By delivery to clerk on May 27 , 1986 Date Received: May 27 , 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986 PHIL BATCHELOR, Clerk, By Deputy Cath I ovules ' II. FROM: County Counsel 70: Clerk o e Board of Supervisors ��//'� (Check only one) (iy 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• tom' / C� BY: County Counsel III. FROM: Clerk of the Board TO: (1) Co ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (K) This claim is refected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. � Dated: JUN 24 trineBY PHIL BATCHELOR, Clerk, �/ , Deputy Clerk YARNIM (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 rile a court action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave ent late claim was mailed to claimant. DATED: JUN -q n roag PHIL BATCMOR, Clerk, By lc-� , Deputy Clerk Ce: County Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: MacPherson 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: r John G. MacPherson cS ���• `( c/o Luckicup Co. 1850 Garden Tract Road RECEIVED Richmond, CA 94801 2. The address to which notices are to be sent i MAY t0 1986 Jeanette K. Shipman LAW OFFICES OF FwII BA CHEIOR EAK RD F SUPERVISW STERNS, SMITH, WALKER & GRELL �(� wTRRA TA 0. 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 c/o Luckicup Co. , 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 27, 1985 JEAN K. Attotziey for C1 'mant 3511-A n 1 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: MacPherson 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: MacPherson 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. nrclm.rpt CLAIM BOARD OF sQP8RVI m or AW cpsn Cmi. CALTpamiIA BOARD ACTION Claim Against the County, or biatriat ) 1QTICE TO CLAIMANT June 24 , 1986- governed by the Hoard of Supervisors, ) The copyof-WFt ed to you is yoW Routing Endorsements, and Hoard ) notice of the action taken on 7cur claim by the Action. All section referenoes are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarnings". Claimant: JOHN G. MAC PHERSON Attorneyt Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street g �� San Francisco, CA 94103By deliavnd to��ei veketdd May 27 , 1986 Amount: $1 ,000 ,000 . 00+ Date Received: May 27 , 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986PM BATCHELAR, Clerk, BY Deputy II. : County Counsel T0: Clerk o e Board of Supervisors (Check only one) (%)0 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The 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: By: Deputy County Counsel III. : Clerk of the Hoard TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BDARD ORDER By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minuttes for this date. (/� Dated: JUN 2 4 1QR& PHIL BI4TCFID.OR, Clerk, By Off'" YY , Deputy Clerk VARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action an this claim. see Government Code Section 945.6. You may seek the advice of an attorney of your choice in oonnection with this natter,, 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 leaveU present a late claim was mailed to q,�limant. DATED: Slim, (I 00 PHIL BATaMDR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) 2 CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: MacPherson 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: John G. MacPherson c/o Luckicup Co. � 1850 Garden Tract Road RECEIVED Richmond, CA 94801 2. The address to which notices are to be sent i MAY'�)7) 1986 Jeanette K. Shipman LAW OFFICES OF , OMILBAT HE Oa STERNS, SMITH, WALKER & GRELL E RDOAEAVISO RAC280 Utah Street eJ . . . .. . . .: San Francisco, CA 94103 li 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at c/o Luckicup Co. , 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 27, 1985 JEANET K. SHIP Attorney for Claimant 3511-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: MacPherson 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; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; � Iv • • AI 4. CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: MacPherson 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 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 CLUN BOARD OF 9UPWVIS0R.S OF dMW COSTA MUIM, CUMUNIA BOARD AC'T'ION Claim Against the County, or Distriot ) RMCE TO CLADlAIPi' June 24 , 1986 governed by the Board of Supervismra, ) Vo oopy of this dDm=t =1160 to You is Your Routing Endorsements, and Board ) notioe of the action taken on Your claim by the Action. All Section references are ) Board of Supervisocrs (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all Warnings". Claimant: RICHARD KARNES Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street g d San Francisco, CA 94103By deliand Loe C ie Amount: May 27 , 1986 unt: $1 , 000 ,000 . 00+ Date Received: May 27 , 1986 By mail, postmarked an I. : Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986PHIL BATOELOR, Clerk, By yvvlvwAte. Deputy II. FROM: County Counsel T0: Clerk of the Board of supervisors (Check only one) (yJ 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 an 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: AA Dated: By: Deputy County Counsel III. FROM: Clerk of the Board 70: (1) CcVmty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD OFOER By unanimous vote of Supervisors present 00 This claim is rejected in full. ( ) Other: I certify F1986s that this is a true and correct Dopy of the Hoard's Order entered in its Dated-z PHIL BATCHMOR, Clerk, By , Deputy Clerk MARNIM (Gov. Code Section 913) Subjeot to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 10: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leav pres t a late claim was mailed to G}aimant, DATM: JUN q n tOg�_PHIL BATCHELOR, Clerk, By lG�-�_ , Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes 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 Richard Karnes C 11 Parr Blvd. RECEIVED Richmond, CA 94801 2. The address to which notices are to be sent is: MAY a-7 lggG Jeanette K. Shipman 5G LAW OFFICES OF �cx o�`OT suveA sons STERNS; SMITH, WALKER & GRELL ely Tnnc ' ry 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 11 Parr Blvd. , 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 27, 1985 JEANET K. SHIP Attorney for Claimant 3503-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes 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; (d) Expense for debris removal including reasonable compensation for time of claimant and volunteer laborers and employees; t y CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes 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 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 {LAI14 BOARD OF SOPRRVISORS OF 03M ODSPA Oli'1?. CUMMIA AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL BOAM ACTIM M� _ Ali yJAthe Minty. 6166ISTRICT 110TICE ,o June 24, 1986 governed by the Board Gof Dl Supervisors, l) � copy a document iM ed to Pou le your Routing Rhdorsementa, and Board ) notice of the action taken on your oiaim 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 'Harninge". Claimant: RICHARD KARNES Attorney*, Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street Hand delivered San Francisco, CA 94103 Amount: $110001000 . 00+ , delivery to clerk on May 27 , 1986 Date Received: May 27 , 1986 By mail, postmarked on I. FROM: Clerk of the Hoard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: June 10, 19 8 6 PHIL BATCMZR, Clerk, By Deputy �cathv K owles : II. FROM: County Counsel 70: Clerk o e o Supervisors (Check only one) (� This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The 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: By: puty County Counsel III. F& Clerk of the Board TO: (1) Co ty 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 (1VQ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its zinVtes for this date. Dated: AN 2 4 19pi PHIL BATCHELOR, Clerk. By y� . Deputy Clerk MARKING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in oonnection with this matter. If you want to oonsult an attorney, you should do so immediately. V. FRW: Clerk of the Board TDs (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 t a Iate claim was mailed to aimant. - DATED: WE PHIL BATCHELDR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. , re: Karnes v. Contra Costa County Flood Control D s f �tCEIVED TO: Contra Costa County Flood Control District Wal 1986 Contra Costa County 651 Pine Street 11:E�'a-m - I PHt n OF spk A Room 106 tca�c eon•n Ertv:s0«> Martinez, CA 94553 14 111ccrffAc 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: , Richard Karnes 11 Parr Blvd. 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 or about February 14, February 18 and March 10, 1986 at 11 Parr Blvd. , 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 27, 1985 JEANETV K. SHIPMky Attorney for Claimant 3503-A CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Karnes 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 Claim Against the Countyg or bistrIOL y=Qr 29 gAyw June 24, 1986 governed by the Board of Superrrisors. !ht w" 01' v dwuaWt =1100 to YOU L VOW 110ating Dndoraemanta, and Board wtiot of the action talo m your claim try the Action. All Section refw"Moss arc Board of &*W. sa vin Varae'aph ZVI b dm)t to California Government Hodes given pnasuaat to Governmeat Cods seoticm 913 and 915.40 please nota allmU � Q ww Claimants Volney A. Plumb .. Attammy: Michael Rothschild JUN 0 5 1986 Rothschild, Yim & Zappettini �Sf , Address: 1303 H Street Sacramento , CA 95814 hand delivered June 3, 1986 ~ Awwts Undetermined By delivery to clerk a n ' Sate lteosiveds June 3, 1986 By mails postmarked an . VAN-..—Mark B? the Board of Yupe son : y Attached is a copy of the above-noted claim. Dated: June 5 , 1986 pM BATCH=, Merk, By 'CaThV Kn es : COMEY : mer1rcir the MiR or su—pe-Haorm (Check only one) (X) IMS claim complies substantially With Sections 910 cad IM0.2. ( ) We claim FAII.S to comply substantially with Sections 9110 and MO.2j and we are so notifying claimant. The Board oannot act for 15 days (Section 910.0. ( ) Maim is not timely filed. Clerk should return claim on ground that it w tUW late and send warning of claimant's right to apply for leave to p want • late aladm (Section 911.3). ( ) Others Dated: 44A-c F- By: 7� DePAY tY III. nft Clerk of the Board los (1) County Counsel t (2) County Administrator r ( ) Main was retuned as wntimely with notice to claimant (Section 911.3). IY. SOM am BY unanimous vote of Supervisors present (x) We claim is r*Jected in falll. ( ) Others RIOwrt4fy that this dateMe s a true correct copy the Board's eo ts Dated: � 1986 lFm. >lATCFffiAR Mork, By �� . bemlty Clerk VAKW (Gov. Oslo station 913) subsect to certain exo*ptions, yon have only six (6) months from the date at thia motto* tins pw'sornally served or deposited in the mail to file a court action ca this alasa. See Government Cods section 915.6. Tau may seek the advice of an attamay, of Your choice in owswetion with this matter. if you rant to consult an attor%ey9 you shorld do so immediately. T. nMs Mork of the Board Jos Cl) County Counsel, (2) County AdainiAtUstnaLor this aimWPycasting a i above claim, Ve notified the claimant of the Board's action anmew has and endorsed m the Board's copy of We C-22im &Omdanoe with Sect f29TO3been filed ( ) A wawminng�of oln�r*'s runt to MMly for len /pr*sernt • late claim tial mailed DATIDs�J 3 0 1986 "n DAMM I Marks By �9 ✓� Clerk • �y , f CLAIM AGAINST THE R C cV, E,t R, COUNTY OF CONTRA COSTA JUN 1986 AT M 011 AO TAEAVISOTO: Board of Supervisors, County of Contra CosLEARD " " ' '."' .. A. NAME AND POST OFFICE ADDRESS OF CLAIMANT: Volney A. Plumb 2451 Olivera Road, #C-10 Concord, CA 94520 B. POST OFFICE ADDRESS TO WHICH THE PERSON PRESENTING CLAIM DESIRES NOTICES TO BE SENT: ROTHSCHILD, YIM & ZAPPETTINI 1303 H Street Sacramento, CA 95814 Telephone: (916) 446-4505 C. THE DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR TRANSACTION WHICH GAVE RISE TO THE CLAIM ASSERTED: February 27, 1986: Claimant was riding his bicycle along Concord Avenue near Commerce Avenue when due to the dangerous condition of public property at said location, and that the location constituted a trap for persons using said roadway, he was struck by a motor vehicle, causing serious and severe injuries. D. THE AMOUNT CLAIMED AS OF THE DATE OF PRESENTATION OF CLAIM, INCLUDING ESTIMATED AMOUNT OF ANY PROSPECTIVE INJURY, DAMAGE OR LOSS, INSOFAR AS IT MAY BE KNOWN AT TIME OF PRESENTATION OF CLAIM, TOGETHER WITH BASIS FOR COMPUTATION OF AMOUNT OF CLAIM: Claimant remains under a doctor' s care. His injuries and the amount therefore are contingent and undetermined at this time. DATED: June 3, 1986 ROTHSCHILD, YIM & ZAPPETTINI A Professional Corporation BY MICHAEL ROTHSCHILD Attorneys for Claimant 1 PROOF OF PERSONAL SERVICE 2 3 I am a citizen of the United States and a resident of 4 the County of Yolo , State of California. I am over 5 the age of eighteen years and not a party to the within above- 6 entitled action; my business address is 1303 H Street, Sacramento 7 California 95814 . s On June 3 19 86 , I served the within 2 Claim Against The County of Contra Costa 10 11 12 on the interested parties in said action by personally delivering 13 a true copy thereof to- the following at the following 14 address (es) : 15 Board of Supervisors County of Contra Costa 16 651 Pine Street, Room 106 17 Martinez, CA 18 19 20 21 22 23 I declare under penalty of perjury that the foregoing is 24 true and correct. 25 Executed on June 3 , 19 86 at Sacramento, 26 California. 27 28 WILLIAM J. NGER, • - JUN 3 1986 Claim �� the qty, or b1�et t�'�� CK to �K�, June 24,' 1986 governed by the Board of suparviscrse The oopy o[ this ed toyyvoan In your flouting g$d0r"Mta s and Board notioe at the action Wean cc yar season 17 the Action. All Section referanoes ora Hoard of 8uparrviscrs (f aragrao I►e below), to Califssmis Govenwent Codes Sivas pursuant to Government Code Section 913 mad 9'15.%0 fleas. note all '"r-we _ Celmw Claimants Eddie Williams •• Attorneys 298 Thomas Way MAY 2 9 1986 Pittsburg, CA 94565 Addrresst transmittal Amounts $164. 00 by deliver! to Clark on May 23 , 1986 Date RWdveds May 23 , 1986 Si' tel. postmarked on F rajs erk the o pt sora : y Ociiia Attached is a copy of the above-noted Clair. Hated: _nye ig R "M DATCHE=, Clark. f!y 1..�6 Oepity . FINS County Counsel TDs- Mark or the ISM of (Check only ane) (� This Claim complies substantially with Sections 910 and 910.2. ( ' This claim FAIIS to comply substantially with Sections 910 and 910.2s std we ars so notifying claimant. The Hoard cannot act for 15 days (section 910.0. ( ) Claim is not timely filed. Clerk should return claim an ground that it was filed late and send warm of claimantfs right to apply for leave to present a late claim (Section 911.31. ( ) Others Vateds Bye 77 Deputy county J III. 1Ef1Qii Qerk of the Board Tot (1) Counsty Counsel s (2) County Administrator r ( ' Main was returned as untimely with notice to claimant (Section 911.3). Io* VD= at= By unanimous vote of Supervisors prasent, (X) This claim is rejected in full. ( ) Others oartify that this Is a true and oorrect COPY Hoards order en to ainntes for this date. Dateds JUN2 4 lair, ffM AATtyII3.0l1, Clark, By - . Deputy Clerk MA10 M (Gov. Code Section 913) Subject to Certain meptions, Im have only six (6) months from the data or this notice res pearsonally served ar deposited in the mail to file a court action an this Claim. Sea Government Code Section 945.69 Tau my seek the advice or an attorney of Your Choice in oonawation with this natter. If lou rust to Consult an attorneys lou should do so immediately. ♦. nW& Clark est the Board TD: Q) Ootmty Counsal9 (2) Oamty Administrator Attached aro Copies of the above claim. We notified the Claimant of the fourths action on this claim by mailing a Copy of this docuaasts std a mono thereof has been filed and endorsed on the BOardfs Copy of this Claim its a000rdsnoe with Section 29703. ( ) A warning of claimant's right, to apply for lea7-;7. 7s-, a late claim w nailed AATIDsto986 !ffiI. ffllTttO7,03t Clark• . SYa DOPuty Clark BOARD OF SUPERVISORS OF CONTRA CORT--krPRIFR}'applicationto: Instructions to ClaimantC!erkotthe Board p.O.Box 911 Martinez,Calitomla 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the Distript should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty. for fraudulent claims, Penal Code Sec. 72 at end o this form. RE: Claim by )Reserved for Clerk's ng stamps LA L RECEIVED Against the COUNTY OF CONTRA COSTA) MI�Y��t985 ) or DISTRICT) �,e� C SOF F1 in name ) �n 14o unaaviso T A The undersigned claimant hereby makes claim against Luon ra Costa or the above-named District in the sum of $ /(o �, O and in support of this claim represents as follows: ------------------------T-T------------------------------------- date --------------date and hour] �6c tt -T;t. ,VOW-1 - -- -----T- j - ccr?- (Ilditnt )---- damage or inuryouncue cyad couny -- --- 1----T------------ U -- = 3. How did thedan+age or injury occur? (Give ul details, use extra sheets if required) . �. ' ( ILn� )h t 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? T� (over) 1 5. �` What are the names of county or district officers, vervants or employees causing the damage or injury? ______ CnK)TCq CosTiq Co v. -4 ,. 6. what damage or injuries do you claim resulten4alve Lull extent of injuries o= damages claimed. Attach two estimates for auto damage) All M � J.fSOu a, l Pik 7. How was the amount claimed above computed? (Include the estimate amount of any prospective injury or damage.) Q ,-rk�e J A 1 C�D vsi f cJ ?-Q ►2 : Names and addresses of witnesses, doctors and hospitals. �. •L1st the. expendi.tures youry: DATE _ ! ITEM AMOUNT i+NC SAN r_rW-n, T [/Z ' a ? Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) of bysome person on his behalf. " Name and Address of Attorney �cx. O/P f,V/,�fi.41/4I("` C im nt's Signature q Thnns-, C LAP '- A d ess R TS�J t c� . CT y y Telephone No. _ Telephone No. ttttttkttt*t*tttttt*tt**ttttttR*RttttttRtRt***t***tttt*RRtRt*tt**Rttt*tt** WOTICE Section 72 of the Penal Code provides: 'Every person who, with intent .to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. ' JUN 3 1986 VI Or SQPffitYI9 — 0! IRA DOSlA QMiT. CUM= EII1D__ �� June *24; 1996" Claim Against the County, or bistrict mixed to Is yota' governed by the Board of Supervisors, The coP7 somen Routing ffisdorsementa, and Board notice of the notion talo on yotr by the Action, All Section references aro Board of Superrisora (Paragraph IVa 6e2609 to California Government Codes given pizzusat to Government Code Section 313 - and 915.4. :lease note all www"Lo d' Claimantt Roxanna Rutter `i0s Attorneys Michael Dorshkind 1012 9.1986 . 166 Santa Clara Avenue Addresst The Warren Building • Oakland, CA 94610 gy delivat7 to clerk on Aumpts $50, 000. 00 Date Reomiwdt May 27 , 1986 By mail, post urkmd on a May 23, 1986 M: ark U the Board o pe sora lot Y Attached is a copy of the above-noted claim. nateds May 28 , 1986 PAIL PATOEMAR, Clerk, Ar99PJL7 e : y s Clark or the 53M cc Swilacre (Check may one) This claim complies substantially with Sections 910 sand %0.2. ( This claim FAnZ to oamply substantially with Sections 910 and 910.29 and we ars so notifying claimant. ?be Board cannot act for 15 days (Section 910.x). ( ) Claim is not timely filed. Clerk should return claim an ground that it was tiled late and send warnir of claimant's runt to apply for leave to present a late claim (Section 91]..3). ( ) othert Bated: 7717 Bye c cputt County III. Pm: Clerk of the Board Tot (1) 2ty`Cowmlt (2) County Administrator ( Claim tins returned as untimely with notioe to claimant (Section 921.3). IV, IDAYO By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) Others y tha , this Is a trwe- and correct copy of the 'a Order entered 16 Its od a date. // Dated: -J� z l PAIL MTMM, Clark, By ; �'�/ ,.,ee� , deputy Clerk MAt01 W (Gov. Code Section, 913) Subject to certain esoeptions, you have ally sin (6) months from the date of this motion tias personally served or deposited in the mail to file a court motion an this alma. See Goverment Code Section 945.6. You may seek the advice of an attorney of your choice to oorunsctIon with this letter. If you tient to consult an attorney, yon should do mo to ndiately. T. nM: Clerk of the Board TD: Q) OMMty Owxml9 (2) County Administrator Attached are copies of the above claim. Ve notified the claimant of the soardta action on this claim by mailing a oopY cf this document, and a new thereof has Omen filed and endorsed an the Board's Copy of this Claim in a000rdaaoe with Section 29703. ( ) �Agr�aarrniingg of claisant•s runt to apply fbr leave a late claim was mailed AITIDt JUNr1 1QR !AIL SITQOIAR, Clerk, By Deputy Clerk MICHAEL I. DORSHKIND ATTORNEY AT LAW THE WARREN BUILDING 166 SANTA CL-ARA AVENUE OAKLAND. CALIFORNIA 94610 (416)666-3630 May 23 , 1986 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street martinez, CA 94553 Re: In the Matter of Roxanna Rutter and Taylor Bus Service To Whom It May Concern: Enclosed please find two copies of the claim against the County of Contra Costa. Please date stamp one of these documents and return same to the undersigned in the enclosed envelope. Very truly yours, MICHAEL I . DOR KIND MID:rb Enc. i I I MICHAEL I . DORSHKIND I Attorney at Law 2 166 Santa Clara Avenue Oakland, California 94610 RECEIVED j 4 Telephone : ( 415 ) 658-3530 MaY PHIL BAT M[ R S i Attorney fer Claimant Ea aT o su E� IBoAB li By V-.. �' °ty 6 7 IIIn the Natter of the Claim CLAIM FOR DAMAGES i of ROXANNA RUTTER, (Governement Code 8 i Section 910 , et seq. ) 9 I V. j THE COUNTY OF CONTRA COSTA/ j 10 I 11 TO: Clerk of the Board of Supervisors, County of Contra j 12 Costa, 651 Pine Street, Martinez, California, 94553 : Li ' Please take notice that Claimant ROXANNA RUTTER hereby i 14 presents this claim to the Clerk of the Board of Supervisors of i 15 the County of Contra Costa pursuant to Section 910 of the i I � 16 ; California Government Code . 17 ! 1 . The name and post-office address of Claimant is Roxanna i, 1& Rutter , 1942 Chanining Way, Number 205 , Berkeley, California, p 19 i; 94704 . i is 20 '' 2 . The post-office address tc which claimant desires j I 21 notice of this claim to be sent is as follows: I ,I 22 Michael I . Dorshkind, 166 Santa Clara Avenue, Oakland, I 2' II California, 94610 . 24 3 . On February 18 , 1986 at willow Pass Road at Contra 25 Costa Boulevard in Concord, California Claimant received personal 26 (I MICRAE! I. DORSHKIND Allo' v at Law The Watten 6uildinI i 166 Santa Clara Are:! , pokana. Cactolnio 946h', Ii (415)5i II i �I I - injuries and property damage to her vehicle under the following 2 circumstances: I At said location on said date Claimant was operating her 1974 Ford Toyota Corolla and was stopped at a red traffic S signal at the intersection of Willow Pass Road and Contra Costa I 6 f Boulevard. At said time and at said location claimant' s vehicle I i 7 j was struck in the rear bumper area by a bus owned and operated by 1 8 I Taylor Bus Service bearing bus number 509 and California lisence 9 i plate number 1BSU950 . At all times at issue said vehicle was I j 10 �I operating pursuant to contract with the County of Contra Costa. i 11 I 4 . As a proximate and direct result of the ensuing 12 collision between the Taylor Bus Service bus and Claimant' s 13 I vehicle, Plaintiff received personal injuries and has incurred 14 I! and continues to incur medical expenses and has lost past and � I 15 j future wages . Claimant alleges that the operator of that certain I 161' aforedescribed Taylor Bus was inattentive , following Claimant ' s I 17 II vehicle too closely and was proceeding at a speed unsafe for 18 j'. conditions at all times at issue . Pursuant to Government Code l9 j I, sections 17001 , the County of Contra Costa and its school 20 1! district are liable to Claimant for her personal injuries and I 21 property damage proximately caused by the operator of that 22 certain aforedescribed Taylor Bus as said bus was being operated l 23 by and agent or employee of said public entities acting within I 24 I the scope of that certain employment relationship between the I 25 i operator and said entities . 26 MICHAEL I. DORSHRIKD Ii Arto;ner of law I lAe Waiter. Buaonp 166 tanto C.;.ry Paen;n- Ook;ono.COWbMlo Q-htC �I i (415)W6JS.i' 1; 2 Ii I I . 1 I , 5. So far as it is known to Claimant and her attorney as 2 of the date of the filing of the within claim, Claimant has 3 incurred medical expenses in the approximate amount of $650 . 00 i 4 due to the treatment of injuries sustained in the collision at i 5 issue. Further, Claimant has lost wages in an unascertained li 6 amount as of the date of the filing of this claim. i 7 6 . Claimant believes that the name of the public employee I 8 i or agent responsible for the injuries and damages complained of t i I 9 is Nellie Clara Wert whose address is contained in California j I i 10 Highway Patrol report number 2-258 . i 11 7 . At the time of the presentation of this claim, Claimant 12 ii claims damages in the amount of $50 , 000 . 00 including 13 Ij approximately $5 , 000 . 00 for prospective medical care and the I 14 remainder as general damages for pain and suffering. I 15 j I; Dated: May 23 , 1986 j 16 17. 18 ll MICHAEL I . DORSHKIND I! Attorney for Claimant 19 i! ROXANNA RUTTER 20 ' i 21 it 1 22 l 23 24 25 26 ' MICHAEL 1. DORSH✓.IND Attorney a! Low Trw,, Wonen EuIldinig 166 Santo Goro Avenue. it Oakland CalftpTia "6tp it 3 (416) 666-3',32 II CLAIK BOARD OF sOP0tVI m OF AM msrA comm. GLT_meIA BQARD ACTION Claim Against the County, or bistriet ) VMCE TO CL.AI!UM June 2 41 19 8 6- governed by the Hoard of Supervisors, ) The copy of this document =119d 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, balow), to California Government Codes ) given pursuant to oovertment Code Section 913 and 915.A. Please note all uWarnings". Claimant: GLENN TAST Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street g d�� K Amount: San Francisco, CA 94103By delivery to C��`Ke0dn May 27 , 1986 $1 , 000 , 000 . 00+ Date Received: May 27 , 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached Is a copy of the above-noted claim. Dated: June 10 , 1986PHIL BATCMDR, Clerk, By Deputy II. FROM: County Counsel TO: Clerk oT the of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.29 and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 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 (k) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its mi for this date. Dated: f 2 41986 PHIL BATCHELOR,, Clerk, By a _ , Deputy Clerk YARNING (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. FRCM: 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. I ( ) A warming of claimant's right to apply for leave to mt a late claim was mailed DATED:����� :i fI lggm PHIL BATCHELOR, Clerk, ByW , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Tast 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: Glenn Tast c/o Broadline Corporation 81 Parr Blvd. RE EIVED Richmond, CA 94801 2. The address to which notices are to be sent is MAY aJ 1986 Jeanette K. Shipman II LAW OFFICES OF PHIL TcHEWA STERNS, SMITH, WALKER & GRELL a, 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 c/o Broadline Corporation, 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 27, 1985 JEANEW K. SHIP Attorney for Claimant 3505-C CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Tast 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; (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: Tast 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 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 0 CLUM BOARD OF SMWVISORS OF COM COSTA COME, CALIKEM ACTION AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL _ Claim _ A�7D0 TER ONSERTJ* CANXItyV, � T�IO�l.D�ISTRICT ZrIBICE 70CEAIKW June 24, 1986 governed by the Board of Supergi , )! The copy 0f—Effs7a7=M Mad to you is yaw Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all *Warnings". Claimant: GLENN TAST Attorney'. Jeanette K. Shipman Address: Law Offices of Sterns, Smith, Walker & Grell 280 Utah Street I . San Francisco, CA 94103 Handelivered Amount: $10000 ,000 . 00+ deli to clerk on May 27 , 1.986 Date Received: May 27 , 1986 BY mail, postmarked on I. : Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986 PHIL BATCHELOR, Clerk, By Deputy 'Cathy flnowles ' II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( ) Claim is not timely filed. Clerk should return claim of ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - By: �t c c C! poly County Counsel III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was retuned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ()() This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of he Board's Order entered in its mins2fp 19s date. _//� Dated: 4 PHIL BATCHII.OR, Clerk, By y Clerk WARNING (Gov. Code Section 913) Subject to owUin exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to rile a court action an this claim. See Government Code Section 945,6. You may seek the advice of an attorney of you ohoioe in connection with this matter, If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County 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 leavepp�s t a late claim was mailed to claimant. . DATED: IN q PHIL BATCHELOR, Mark, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) • e CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Tast 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: Glenn Tast c/o BroadlineCorporation 81 Parr Blvd. RECEIVED Richmond, , CA 94801 2. The address to which notices are to be sent is MAY D:7j06� Jeanette K. Shipman LAW OFFICES OF PHIL B TCHELOR S ,' STERNS, SMITH, WALKER & GRELL i T�oVI 280 Utah Street er`� 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 c/o Broadline Corporation, 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 27, 1985 JEAN E K. SHIP N Atto ey for Cla ant 3505-C CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Tast 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Tast 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 I scaping 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. nrclm.rpt A5 CLAM BOARD OF SUP®tVI ms or 03M COSTA Oumm, CUMMIA BDARD ACTION AND AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL Claim _ A nXVTER CONSERyV'A 0�1.DaISTRICT � 10 June 24, 1986 - governed/lby the Board of Supervisors, )! The copy a document mailed to Im In your Routing Endorsements, and Board ) aotioe of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IVs below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please rate all Riaraings*. Claimant: AUDREY TAST Attorney. Jeanette K. Shipman Address: Law Offices of Sterns, Smith, Walker & Grell 280 Utah Street San Francisco, CA 94103 Hand delivered Amount: $110001000 . 00+ By delivery to clerk on May 27, 1986 Date Received: May 27 , 1986 By mail, postmarked on I. : Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 1986 PEAL BATCHELOR, Clerk, By % pePrty 'Cathy Kflowles ' II. : County Counsel T0: Clerk or the Board of Supervisors (Check only one) (� This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - -A-0- V v By: -,Cidd y County Counsel III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (�) This claim is rejected in full. ( ) Other: I certify Qthat this is a true and correct copy of the�Board•s Order en in its ni%nfDated: 1 � s PEAL BAMIMOR, Clerk, By / Y� , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this actioe 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 iamediately. 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 aeeordanee with Section 29703• ( ) A warning of claimant's right to apply for leave sent late claim was mailed UN DATED:toi s PHIL BATW1OR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) r' CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Tast 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: Audrey Tast c/o Broadline Corporation 81 Parr Blvd. Richmond, CA 94801 RECEIVED 2. The address to which notices are to be sent is: MAY a7 tgg6 Jeanette K. Shipman LAW OFFICES OF OR STERNS, SMITH, WALKER & GRELL ER VMI RD CMEP RVI 280 Utah Street RA sTACA. San Francisco, CA 94103 By�IJ.. V.. 3. The circumstances which give rise to this claim occurred on or about February 14, February 18 and March 10, 1986 at c/o Broadline Corporation, 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 27, 1985 JEANEIV K. SHIP Attorney for Claimant 3505-G I CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Tast 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; CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Tast 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. nrclm.rpt CLAN BOARD OF sOPHtmms of dMM COSTA CQI)N' * C90001IA NNOARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLAD4APT June 24 , 1986- governed by the Hoard of Supervisors, ) The copy a sd to you is your Routing Bndorsementa, and Board ) notice of the action taken on your Claim by the Action. All Section referenoes are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarninex". Claimant: DONNA COHEN Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street g Amount: $1r000 , 000 . 00+ Francisco, CA 94103 deliavu3rY C�v,;keodn May 27 , 1986 $1 ,000 , 000 . 00+ Date Received: May 27 , 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 19 8 6PHIL BATCHELOR; Clerk, By Deputy II. FROM: County Counsel TO: Clerk o 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 910.29 and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). C ) other: Dated: Lg� 77 By: Deputy County Counsel III. : Clerk of the Board TO: (1) Co ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (X� This claim is rejected in full. ( ) other: I certify that this is a true and correct copy of, the Board's Order entered in its minyW r s date. Dated. PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this riotioe 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 advioe of an attorney of your choice in connection with this Matter, If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to Iresent a late claim was mailed to claimant. DATED: .II1N Q n toart PHIL BATCHELOR, Clerk, By , Deputy Clerk 00: County Administrator (2) County Counsel (1) CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen 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: Donna Cohen c/o Allen Tire Sales �`�``� ) w � 21 Parr Blvd. REC VE Richmond, CA 94801 bl- 2. The address to which notices are to be sent i MAY 3-► 1986 Jeanette K. Shipman PHIL 9AICHELOR LAW OFFICES OF F PERVI RA 1A CO. J„ _ STERNS, SMITH, WALKER & GRELL s 4., 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 c/o Allen Tire Sales, 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 27, 1985 JEANETtg K. sHiPmAbl Attorney for Claimant 3504-C CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Cohen 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; (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: Cohen 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 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. nrcim.rpt CLLIN r�, ev eevaa��tS or dM 00ol1 COM-2 Gamma IS PW Claim Ldp tae Casntyg w bistrid DW June 24Ito IM, 1986 versed by the Board Of Snpe�r►iwm o wPy a a Itovting p,dorsements, and mrd notice at the action takso Go Pw dais by No Action. All Section referenoes era Board of averviaors �Bh TV b") to California Goverment Codas given pursuant to Qovarament Code Section iL3 aid gl5e4e dense nota an wwaraiwe reunty (def Claisatftr Marty Ostenberg .. Attorney: Jeanette F. Shipman "A 0 41986 Sterns , Smith, Walker & Grell OviaA2 CA 9" Addreasi 280 Utah Street San Francisco, CA 94103 hand delivered hua8t: $1, 00b, 000 . 00+ * delivw7 to clerk an _ May 28 , 1986 . • Date Bioedledt May 28, 1986 w mile Postmarked go ark 31 the O - se's 708 7 Attached is a copy of the above-WW elate. , Datedt June 3 , 1986 PM DATQkt'1N, Marks Bya.._.,..ty —noy , (Check only one) 0 Isis claim oomplies subotantially with Sections 910 and 910.2. - ( ) Asia claim MILS to comply substantially with Seotiosa 310 end 910.2s and tin era so notifying claimant, ybe Board cannot act for 15 days (Section SR0.0). ( ) Claim is not timely filed. Clerk should return claim am gro" that it was tiled late and sena warninng� of claimant's right to apply for leave to pweat a Sate claim (Section gi1.3), ( f Otasri Dated: 771 TZ - i , Y By: -Dewy OXInty CRIMI IIIc lkk t Clerk of the Board 5+0: Cl) County Cmrml, (2) County Administrator ( ) Main was returned as untimely with notice to claimant (Section 911.3)• I9. Mw am By unanimous Ate Gf Super-doors prement (Y This claim is rejected in full. ( ) Ota■ra _____� y that this Is a true and correct copy Board's Order antmvd tirartes for this date. Datedt JUN 2 41986 14m. BA?OmLM, Mork, By 7 � . Deputy Mork ru►MM (Gov. Coda 8e0t1m %3) Snbjeot to owUln ezaeptioca, 7vu have only Biz (6) amths hvm the date of lots notice res persorally served cr deposited in the tali to file a oast actim cc tbia Alois. See Government Code Scotian 945.6o Tau nay seek the advice of an attorwy of yoar eaoioe in caswe Im with tKa Latter. If you rant to Consult an attawyl you should do so lumediatelye B. nM, Clerk of tae Board !Dr (1) ftMty ftrMle (2) Casrty Administrator AttachOd w copies of the above claim. We ratified the elaitant CC the Board's action on this claim by ailing a copy of this doeuaeat9 and a tomo thereof has been filed and Andorsed en the Board's Copy of this Clain in a000rdarae with Section 29703, ( ) A tarstng CC alalms: •s riga to aWy r• leave t a late Glatt tae ,railed BlhEr� i4RR li.. S►TQG3OR Clerk, By Deputy Clerk CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq re: Ostenberg v. Contra Costa County + 1. 1 lD� /`�Tv�g1 TO: Contra Costa County MIAYaB' 1986 Clerk of the Board I'OORM. 651 Pine Street PHIL BATCHFLCa 'Dp OF SU '� Room 106 All"C1 u T'�cos c .p Martinez, CA 94553 ':5.::: 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: Marty Ostenberg 1013 Barbara 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 17, 1986 at 1013 Barbara 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. May 27, 1986 JEADVTE K. SHIMAN Attorney for Claimant 3022-A CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code , Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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 ) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property ; (e) Said entity 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 suture flooding ; (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 ; \ V ( 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 and loss of earning capacity ; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; ( 1 ) Equitable relief requiring the said entity 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 . spablo.rpt f11 or w poyis' crdMOSA onmr, mmmu AND AS GOVERNING BOARD OF THE CONTRA .CQSTA COUNTX FLOOD CONTROL AND WATE;g,� C0�SE NATION DIST 20 Q� June 24, 1986 Clain wilst tae Carty, tr Disstriet to IS M govwMed by the board of suDervi"Mo • flouting Zbdorwoenta, and board moticof the wtion tatan on lair b! Actiac. All Section rsfaranoas are Board of Supervisors (PWWF10 TVs below)t to California 0ovssnzwt Codas given prsuant to Government Cods section W sod 115.4• !lease bou all Wisrstw e Meloants Tamara Nishimura, a mincrr cmty CONSW Attoys Jeanette K. Shipman Sterns , Smith, Walker & Grell JUP 041986 Addresas 280 Utah Street San Francisco , CA 94103Hi�,, deli r d �ajts $1 , 000 , 000. 00+ lb kLTWy o l" oc May 28, nate ROWV§ds May 28, 1986 By nail, postaarw oc ark of 3upw"- 1A0M lot y CQMl Attached is a copy of the above-noted 01AIS, 0 natAds _ _Tuna 3. 1986 M ShTCMM. Clark. NY = Y Counsel IN Mark Or the 30" or svetvausamm (Check only one) (X) We claim o=plies substantially with Sections 910 mrd 110.2. ( Ibis claim TAn.S to oamply substantially with Sections q10 ane 910.2, arsd we ars so notifying claimant, the board cannot act for 15 days (Section 910.9). ( ) Main is not timely t11ed. Clark should return claim on ground that it Was filed late and send warring of 0laimant's right to apply for leave to pvserst a lata DILLS (Section 911.3). ( ) Otbers 1,ateds et': �� putt' ty_cowimel IIx. NWt Clerk of the board 701 Cl) Carty Cmsssel, (2) Coasty Administrator ( ) Maim was returned as MUsely with notice to claimant (Section 3L1.3). IV, saw Q1mlR By umnisom Ate of supervisor Prawt (�I Ibis c din is rejected in !fill. ( I Others est DerUtt the s date.this Is a true oor wt copy the / •s sn Dateds 11 Nn DAT=M, Clack, * �✓ • Deputy Mark YLV= owe 0oda Section 313) Sjbject to OWUln e209pti0o09 lou have only Si: (6) menthe from the date at tats wtioe Mas pe wrAlly served or deposited in the nail to file a cart Wti0a to tlds algia. See Goverment Code section "5.6. Tau say seek the advios of ac attorory of lar Dhoios in cagwetion Math this aatt�. If lou rant to ommAt an attorney. lou should do no ts®sdiately. ., M& Clark of the hoard 42Di Cl) Oaaty Oconee!, (2) oamty Administrator Attached am copies of the above Glaim. lie notified the claimant of the Sm rd's nation on this claim by sailing a am of this dMi ent, and a wma thereof bas been tiled and sodarsed on the board's Dopy of this Claim in 6000111anoe with Section 28703. ( ) A Marring of Glaiaant•a right to apply for ift" t a Sate Met= was nailed bdTEDs�JWN rnlp� Im >llTOMM, Mwk, By — • Deputy Clerk l f, CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Nishimura v. IContra 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: Tamara Nishimura, a minor By and Through a Guardian Ad Litem RECEIVED 1000 Barbara Lane San Pablo, CA 94806 2. The address to which notices are to be sent i i,',�,Y'-` 1966 Jeanette K. Shipman LAW OFFICES OF CLER NTRR(DtUPCIRV ISOR STERNS, SMITH, WALKER & GRELL a .. ... .. .., 280 Utah Street San Francisco, CA 94103 3. The circumstances which give rise to this claim occurred on or about February 18, 1986 at 1000 Barbara 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 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 27, 1986 /Y1/n1 J ETTE K. SUIPMAN Attorney for Claimant 021-D z • , t CLAIM FOR PERSONAL INJURIES , PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. 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 said entity and its agents , servants and employees as follows : (a ) Said entity 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 , said entity 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) Said entity 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) Said entity 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 , said entity maintained and continues to maintain a dangerous and defective condition of its property; (e ) Said entity 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 ; (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 ) 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 and loss of earning capacity; (k ) Attorneys ' fees incurred in recovering damages and equitable relief for these losses ; (1 ) Equitable relief requiring the said entity 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 . spablo.rpt ern Or SUMV tS or mu Claim Aplthe stye or Mstri� 10 UAIKW June�24, 1986 � verged by the Board of Super'vi "t "a am sa ad to !w lalioIcAr st' tbs uting �rs,®,nU. and Board actice of the action taken on Action. All Section references ora Board of S�er"d� co a aucebdm1 to califosmia O"Wivent Codee Siwn p:rsuant to Government Gods Seotlan �3 cad 215.4. !lease ache all 'Kaoni° O Claisonsts M,A. Medwid County CONN Attorneys JUN 0 31986. Addrasss 6223 Doremus Ave. 418runa CA Om Richmond, CA 94806 Apmmts Please see attachment Bir dellwoy to slark an On il ma -- MAy 30 , 1986 Date Beaived: June 2, 1986 leyt Bce - . erk of VW Board Of pe Docs flog ORRY OWMI Attached is a Copy of the abovw4wtsd o3aim. . psteds June 3 . 198E WM 1ATOMMe QW*• 11Y � Q7-Ly KnAlgl : CoMMY commal : er (Check only one) (X) !tits claim Complies substantially with Sections 910 and 910.2. ( ) Tis claim FAIIS to Comply substantially with SectiCes 110 cad 9110.2s W d Me ora so notifying claimant. The Board cannot act for 15 days GSection 910.0. ( ) Mae Is not timely filed. Clark should return claim an ground that it Was filed late and send warns nngg of claimant's right to apply for leave to present a late OWN (Section 911.3). ( I Others Dated: c..,z � By: PAYCounty Biwa III. 26: Qerk of the Board 70s Cl) County Counsel• (2) County Administrator ( I Main Was returned as untimely with notice to element (Section M1.3). IT, low am Dy unanimom vote of Supeurrison present !his claim is rejected in Hill. I Others ftthe s s a true opy oornrect cthe oi 's mo is dawhated,UN 2 hgly a "M BATOELOP 9 Qark. By lQ�� • DeP*y Clerk YAI M (Gov. Oode section its) subjeot too ull, emoeptioosI you have Gay six CO months firm the date or this 110tice res peQrscxsally sarve0 or deposited in the axil to file a Court action on lois claim. See Gowment Code Section 945.6. TCU may seek the advice of an attaeney of your Aoia in cavoctica ruth thus utter. It You rant to oormralt an attorney• you should do 00 Imediately. T. Amis Clerk Cf the Board IN a) Ow mty Coussal. (2) County AWnistrztor Attached are copies of the above claim. Ve notified the claimant of the shard's action on this claim by mailing a COPY of this doewants and a anmo thereof has Oder: !ilea W4 WA=Ved m the Board's oopY of this Claim in aeoCrdance with Section 29703. ( I A Morning of olalAffi^*'s Kot to aWy for lata t a late Claim Mev mailed tO11jt j!Et. lr I� •CLAIM, TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY • ` ' 1,Instruc"ions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 (or mail to P.O. Box 911 , Martinez, CA) , C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved erK, s tiling tamps ) RECEIVED JUN a. 199 Against the COUNTY OF CONTRA COSTA) /N L 6ATC R or DISTRICT) EpK "� AgAVIS 1 (Fill in name) ) ev The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows : ------------ --------- ------------------------- 1. When did the damage or injury occur? (Give exact date and hour) a , m - g:30a ,M. -------------------------------------------- --------------------------- 2. Where did the damage or injury occur? (Include city and county) �aNCi 3na4t 1QiCi-rvc , Cd qiq __ C oj'Lbt_a_ Co� � .fa' Couv� �_ ---------------------------------- -------------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) a V -LeCt' 06 0_ ryU_k&_t "bah- 3l p ,iX n� y I Ik Waff q CL, C o LLy J.k u rL& w VL-L- cmc o+�7 ,� c 0. 0Ld e c�}c nd o�J Q VL O�c ✓U 5 st cj Q °6 «�, `+ we'LK V ��' -----------------------------------------------------� -------------" - 4 . What particular act or omission on the part of county lir district Z officers , servants or employees caused the injury or damage? (over) 5. What are the names of ounty or district officers, servants -.,or-, P = ! employees causing the damage or injury? SGL I c . ------------------------------------------------ ----------- 6 . What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) jatop l t j.� 06 c_UO_n ) GLS,(.• ---------------•---------------------------------------------------UU------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses , doctors and hospitals. a-140�) 0' hatch 5n Pbb)o Medwr0 ) 3 L C (? iGhm0n ---------------------------------------------------- --- ---y7in DATE . ( ITEM AMOUNT nn i Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney 7. e �-'Claimant' s Signature l01 Z 3 7_-)o eF-/W 1, 3 Addr ss ; /7 ,,7 Telephone No. Telephone No. 2--7L7 •-OS---? / ************************************************************************** NOTICE Section 72 of the Penal Code provides : "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer , or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " BAY AREA BUILDERS LIC. NO. B393198 Richmond — San Pablo (415) 233-8280 May 5, 7986 Add.it.Lonat T!i{onma-tion: #3: ticenae n 45745F, 169 dodge. The t, uck wah unab.2e to go on ith appointed noundh, causing comp.?-i.eat-i.onh on mateniaXb 9 employees getting xhene fob done, .it was a .to.ta.2 o� 4 hne 2 men to.6t. q9: Lohh o{ aa-i.d veh-i.cte ion one wotk day which made it neceeeany to .6ent two veh.i,cke.6 to job e.ite instead o{ one. Damaged veh.Lete is oun ma-i.n-tanance suppf y Znuck. Tt bang out o� hekv.Lce eauhed .tnanhpon.tation and supply tine pnobtem. 8 hi-5 32. 75/hn.. $ 262.00 YTj } CROWN GLASS IL PLM QLASs -y '.Au1e`<il�ss Imtatled While D Wal►' , �� 1231 23rd .Street ,'r :BEacon 2-92b2 w ;San Pablo califomia ' _ Insured,a NorrieQ Q-�° • Address x » `. Make and Model of CarZI WINDSHIELD 1 -,Piece Style n.. WINDSHIELD -2 Piece Style,'Right left }: FRONT DOOR Ri9Ftt left ' REAR DOOR _:Right Left s r. .. r FRONT VENT " , .Right loft. REAR QUARTER Right Left k ` BACK GLASS 1 Place Style BACK GLASS 2 Piece Style, Right left y Please State Number of Glass .e,. Remarks .uGY� Gc n. ` STATEMENT TO DATL '• t F WADSWORTH GLASS COMPANY DATE 1160 APPIAN WAY,El SOBRANTE,CALIF.9180.1 //a / INVOICE-NO. TELEPHONES:223.7280-223.7781 .. ORDERED MAIL PHONE CALL OURP.O-'NUMBER . SOLD TO TAKEN BY YOUR ORDER NUMBER STREET PHONE CHARGE COLLECT CITY - a PHONE FIRST WHEN DONE BY lOB NAME PICKUP DEER TIME ADDRESS LV LIGHTS SIZE DESCRIPTION LIST TOTAL LIST DIST 70TAL i x T x x x x zzeO x _ x _ x 1 a x 50 x x x x x x x x TERMS:ALL BILLS DILE END OF MONTH OF PURCHASE.DELINQUENT AFTER 10TH OF FOLLOWING MONTH.B PER CENT INTEREST CHARGED AFTER 60 DAYS. PLEASE PAY FROM INVOICE.NO STATEMENT SENT UNLESS REQUESTED. RECEIVED THE ABOVE IN GOOD CPNDITION DELIVERED BY DATE 'T z,. sum fB �tClet4tw or CLAIM QUA mom. SKMM male &Virst the County, or nistriot WMCa 10 a CLAZRW June 24 1986 ard governed by the HoOf Supervisors, go copy eseas dws ■� oo�� mes,L Nailed to= pas' Pouting Endor'sementa, and Boatel Notice Of the motion takes on Has' y lbs Action, All Section refmrenoas se's Board of fte rvisor owe rqh M balen)l to California Govwnment Codes given P UNUIt to Oover=ent Code Noonan 3 and 515.4. !lease nous all •VatsiNa e Claisuntt Megan Moscarelli, a minor,. by Cheri Snyder ad litem Attotssy: Mark Scott Collins Collins & Zapala Addrreass 100 Park Center Plaza, Ste. 506 San Jose, CA 95113 Amounts See paragraph #8 By dalivsry to ole'k an Date Received: May 29 , 1986 By Nail, Postmarked 90 SO May 28 . 1986 . M. ark if the Board of SUp�esws TOI C4DWty Attached is a copy of the shove-noted data. . Bated: May 30 , 1986 PFM BATOMDR, Clerk, By a t ow es • a y : G1 or tae am" or (Check only ane) (/4 'Ibis claim complies substantially with Sections 910 and 910.2. ( ) !tits clams FAILS to comply substantially with Sections 910 and 910.2, Neel w se's so notifying claimant. The Board oannot act for 15 days (Section 910.0. ( Male is not timely filed. Clerk should return claim On ground that it was filed late and send .mein$ of claimant's right to apply for leave to present a late claim (Section 911.31. ( ) Others Dated: _ By: Deputy County Counse III. nMt Qerk of tae Board 701 (1) ty CoRnsel, (2) County Administrator 4, ( ' Quin was returned as untimely with notioe to claimant (Section 911.3). IV. so= OtDst By unanimous vote of Supervisor PVwt ()V !his claim is rejected in !till. ( ) Others certify that`this in &L true and correct copy Board's Order entered Sn it& mdraftp for this date, Dated: JUN 2 4 1 8 PM BA1'CFELM 9 Clerk, By y� . liepi ty Clerk WARltlalC (Oov. Code Dectim 913) WOOL tO oa't+atts eseeptios, you gave acedy Bis (6) months from the date of this notice was personally served or deposited in the mail to file a court motion an t0ia claim, ase Government Code Section 945.6. Tau may seek the advice of an attoasy of par &oioe in ousrssetim Idth this matte'. If you want to consult an attorney, you mould do so immediately. we v. FMs Clerk cd' the Board 420s (1) Co:asty Counsel, (2) County Administrator Attached are Copies of the above claim. Ve Notified the claimant o+t the Board's action on this claim by mailing a copy of this document, and a memo thmsof aa, been filed and sodarssd M the Board's OW of this Claim in &Oooedaaoe with Section 29703• ( ) A rrn�inBnof claimanVa; right to apply foe' lea" t a late class was mailed WIDoto� PM SIT=M o Mork. By pePuty Clerk } MARK SCOTT COLLINS, ESQ. 1 COLLINS & ZAPALA 100 Park Center Plaza 2 Suite 506 San Jose, California 95113 3 Telephone : ( 408 ) 298-5161 4 Attorneys for Claimants, 5 MEAGAN MOSCARELLI , a minor, by her Guardian ad Litem, CHERI SNYDER; and CHERI SNYDER 6 7 8 9 In Re the Claim of MEAGAN MOSCARELLI , ) 10 a minor, by her Guardian ad Litem, ) CHERI SNYDER, and a Claim by CHERI ) CLAIM FOR DAMAGES FOR 11 SNYDER against public entities : ) WRONGFUL DEATH (Government Code 12 ( 1 ) THE EAST BAY MUNICIPAL UTILITY ) Sections 905, 905. 2 , DISTRICT; and ) 910, 910 . 2 ) 13 ( 2 ) THE COUNTY OF CONTRA COSTA ) 14 ) 15 1 . CLAIM AGAINST: THE EAST BAY MUNICIPAL UTILITY DISTRICT 16 and THE COUNTY OF CONTRA COSTA. 17 2 . NAMES OF CLAIMANTS : MEAGAN MOSCARELLI ( 16 months old) 18 and her grandmother , CHERI SNYDER, both individually and as 19 Guardian ad Litem. 20 3 . ADDRESS OF THE CLAIMANTS : P.O. Box 265 , Gualala, 21 California, 95445, ( 707 ) 884-3353 . 22 4 . NOTICES TO BE SENT TO: The Law Offices of Collins & 23 Zapala, Attention Mark Scott Collins, 100 Park Center Plaza, 24 Suite 506, San Jose, California, 95113, ( 408 ) 298-5161 . 25 261VED. MAY a1196c PHIL BATCHEIOM —1— EAK o' :SDG' ;u�EAU150F0 r. a4 C ';ro EIY 5 . FACTS CONCERNING THE WRONGFUL DEATH CLAIM: 1 TABATHA MOSCARELLI (17) was the mother of the 16 month 2 3 old minor Claimant, MEAGAN MOSCARELLI . TABATHA MOSCARELLI was a 4 single parent . Her motheris the Guardian ad Litem and Claimant, 5 CHERI SNYDER. Said wrongful death occurred April 22 , 1986, at 6 approximately 11 : 30 a.m. MEAGAN MOSCARELLI is bringing a claim for the death of her mother, and for the personal injuries which 7 8 she sustained. . The injuries and wrongful death occurred on a 9 roadway identified as Monte Verde Drive or Monte Verde Road, within the unincorporated area of E1 Sobrante City, Contra Costa 10 11 County, California. Immediately adjacent to the roadway surface 12 and in a dangerous condition was a pipe owned, maintained and 13 controlled by the EAST BAY MUNICIPAL UTILITY DISTRICT. The EAST BAY MUNICIPAL UTILITY DISTRICT has as its main administrative 14 15 offices, an address of 2130 Adeline Street , Oakland, County of 16 Alameda , California. The UTILITY DISTRICT also has a CONTRA COSTA COUNTY office. 17 18 The injury to MEAGAN and the death to the decedent , 19 TABATHA MOSCARELLI , occurred as a result of the negligently 20 maintained right-of-way and negligently maintained pipes owned 21 and controlled by the EAST BAY MUNICIPAL UTILITY DISTRICT, and 22 possibly other adjacent landowners yet unknown to the applicant . 23 In addition, the property owned by CONTRA COSTA COUNTY was in a 24 dangerous condition. The two public entities had notice that 25 severe storms had caused erosion of the right-of-way surface and 26 had exposed the pipe which laid adjacent to the roadway, causing -2- i a hazardous condition to exist and causing the automobile of the . 1 decedent mother, TABATHA MOSCARELLI , to become lodged between the 2 water pipe and the ridge of the right-of-way. In attempting to 3 extricate her automobile, TABATHA MOSCARELLI ultimately lost 4 control of the same and it fell some 400 feet down an embankment, 5 killing the decedent mother and seriously injuring the minor, 6 MEAGAN, 7 6 . WHAT ACTS OR OMISSIONS CAUSED THE DAMAGE: Both CONTRA 8 COSTA COUNTY and the EAST BAY MUNICIPAL UTILITY DISTRICT owned 9 and operated the property where the accident occurred. The 10 property was in a dangerous condition due to the erosion caused 11 by prior rain damage and surface water which tore up the street , 12 the hillside, and the subterranean drain. 13 7 . WHAT DAMAGE RESULTED: TABATHA MOSCARELLI ( 17 ) was a 14 single mother providing care, comfort and society, and support 15 for her daughter, MEAGAN MOSCARELLI . The decedent also incurred 16 17 medical expenses which are an obligation to the Guardian ad Litem, CHERI SNYDER, who was the mother of TABATHA MOSCARELLI and 18 who is the grandmother of the infant Claimant . As the heirs of 19 TABATHA MOSCARELLI , both grandmother and granddaughter are 20 presenting their individual claims and in addition are submitting 21 claims for the special damages incurred and for the general 22 damages resulting from the wrongful death . In addition, MEAGAN 23 MOSCARELLI sustained multiple fractures and the loss of support , 24 love, society, comfort, direction and training by her mother . 25 CHERI SNYDER sustained the loss of society, comfort , love, and 26 -3- companionship of her daughter . 1 8 . WHAT AMOUNT IS CLAIMED: MEAGAN MOSCARELLI makes a claim 2 for Four Million Dollars ( $4 , 000 ,000 . 00 ) . CHERI SNYDER makes a 3 4 claim for Five Hundred Thousand Dollars ( $500,000 .00 ) . In 5 addition, a claim is made for the special damages incurred for 6 the burial expenses and for the future special damages of 7 supporting the minor child through maturity. 8 9 . CLAIMS TO BE SENT TO: The Law Firm of Collins & Zapala, Attention Mark Scott Collins, 100 Park Center Plaza , Suite 506, 9 San Jose, California, 95113, ( 408 ) 298-5161 . 10 DATED: May 23 , 1986 11 12 13 MARK SCOTT COLLINS 14 Attorney for Claimants 15 16 17 18 19 20 21 22 23 24 25 26 -4- 1 PROOF OF SERVICE BY MAIL (CCP 1013a , 2015. 5 ) 2 3 I declare that : 4 5 I am employed in the County of Santa Clara, California. I am 6 over the age of eighteen years and not a party to the within 7 cause ; my business address is 100 Park Center Plaza, Suite 506, 8 San Jose, California. 9 10 On May 28 , 1986, I served the within CLAIM FOR DAMAGES FOR 11 WRONGFUL DEATH (Government Code Sections 905, 905 . 2, 910, 910 . 2 ) 12 on the FOLLOWING in said cause, by placing a true copy thereof in 13 a sealed envelope with postage thereon fully prepaid, in the 14 United States mail at San Jose, California addressed as follows : 15 16 EAST BAY MUNICIPAL UTILITY DISTRICT, INSURANCE AND CLAIMS DEPARTMENT, 2130 Adeline, Oakland, California, 94623 , Attention : 17 W.T. NORDIN; 18 COUNTY OF CONTRA COSTA, BOARD OF SUPERVISORS, 651 Pine Street , Room 106, Martinez , California, 94553 ; 19 20 I declare under penalty of perjury under the laws of the State of 21 California that the foregoing is true and correct, and that this 22 declaration was executed on May 28 , 1986 , at San Jose, California . 23 / 24 25 TRACEE JEAN OvRRANO 26 -5- CLAN BOARD OF SUPERVISORS OF CUM COSTA OMM, CALZP IM BOARD ACTION Claim Against the County, or District ) lIMCE TO CLAIMANT June 2 4 , 19 8 6 governed by the Board of Supezrviaora, ) The coP9 -this document 00116a to 7W ie Your Routing gndorsemeats, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wftrninW e Claimant: AUDREY TAST Attorney: Jeanette K. Shipman Address: Law Offices of Sterns , Smith, Walker & Grell 280 Utah Street H ���� 1 San Francisco CA 94103By dellavery to Cl�'�CeOdr1 May 27 , 1986 Amount: $1 , 000 , 000 . 00+ Date Received: May 27 , 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors 10: County Counsel Attached is a copy of the above-noted claim. Dated: June 10 , 19 8 6MIL BATG0ZR, Clerk, By Deputy II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to 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 an ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: 1 c c c-: puty County Counsel III. FROM: Clerk of the Board TO: (1) Coaity Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BDARD ORDER By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of t Board's Order entered in its mi or this date. _ G C� Dated: •►urs► 41986 PUL BATCHELOR, Clerk, By JS/ , Deputy Clerk WARN= (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 ooca:eetion with this matter, If you want to consult an attorney, you should do so immediately. V. FRONT: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action an this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed an the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave en a late claim was mailed to alma DATEN. � $ 1986 PHIL BATC[MDR, 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: Tast 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: Audrey Tast c/o Broadline Corporation 81 Parr Blvd. t�N• ) Richmond, CA 94801 REC I ED 2. The address to which notices are to be sent i Jeanette K. Shipman MAY a-7 1986 LAW OFFICES OF DMIIBATCMEIOR STERNS, SMITH, WALKER & GRELL 1 ARopERvi 280 Utah Street � 1��` '�`�".4. 4,1 :�, Y 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 c/o Broadline Corporation, 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 27, 1985 JEANVE K. SHI N Attorney for Cla mant 3505-G CLAIM FOR PERSONAL INJURIES, PROPERTY DAMAGE AND EQUITABLE RELIEF Government Code, Section 910, et seq. re: Tast 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; (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: Tast v. Contra Costa County (e) Persona]. 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. nrcim.rpt AMENDED CLAIM BDARD OF sOPFJtnsms OF dMM COSTA awff. cmmwu BOARD ACTION June 24, Claim Against the County, or District ) VQTICE TO CLAIMANT governed by the Board of Supervisors, ) The copy a led to you is yon" Routing Endorsements, and Board ) notice of the action taken on your alalm by the Action. All section references are ) Board of Superviscre (Paragraph IVt below). to California Government Codes ) given pursuant to Government Code section 913 and 915.4. Please note all *Warnings". Claimant: ELIZABETH JOHNSON and DIANA PENSON Attorney: Bernard David Walter County COUOSPI Law Offices of Lawrence D. Murray & Assoc . .ZUNI 71986 Address: 1781 Union. Street San Francisco , CA 94123 From County Counsel &18 �y� Amount: Unspecified By delivery to clerk on June 17 , 1A Date Received: June 17 , 1986 By mail, postmarked on I. FROM: Clerk of the Hoard of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: June 17 , 1986 PHIL BATQHELOR, Clerk, By n Deputy n Ce i II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) fX) 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>4 By: c�CL Deputy County Counsel III. : 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 re3ected in full I certify that this is a true and correct copy of the Board's Order entered in its mi �ii fors date. Dated: JUN 2 41988 PHIL BATC MOR, Clerk, By . Deputy Clerk NAMM (Gov. Code section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this Vatter, 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 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 to /ent a late claim was mailed to elalman DATED: .1"% 0 86 PHIL BATCHELOR, Clerk, By /� , Deputy Clerk nrtr Pins,+u AAm4 n{a+v-=+nn f 91 11 vvnfu rtuTnaal f 1I